England and Wales · Civil enforcement
When does a repayment breach restart the period for taking control?
Regulation 9(2) begins the twelve-month period with the debtor’s actual breach of a qualifying repayment arrangement made after notice of enforcement.
- Period
- Twelve months beginning with that breach
- Trigger
- Actual breach date of the qualifying repayment arrangement
- Rule
- TCG Regulations 2013, reg 9(2)(a)–(b)
Official Justice UK CPR text and legislation.gov.uk statutory XML retained on October 9, 2026. The retained source metadata and acquisition receipts identify each edition. No claim of later amendments or actual local court opening is made. Taking Control of Goods text includes the May 1, 2026 changes made by SI 2026/366. Earlier notice-giving regimes require separate review.
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When does a repayment breach restart the period for taking control?
Regulation 9(2) begins the twelve-month period with the debtor’s actual breach of a qualifying repayment arrangement made after notice of enforcement.
Responsible actor. The enforcement agent relying on a qualifying repayment-arrangement breach.
Actual breach date of the qualifying repayment arrangement.
The arrangement must follow notice of enforcement and concern repayment of the outstanding sum by installments. Identify the term actually breached and its actual breach date.
The arrangement must follow notice of enforcement and concern repayment of the outstanding sum by installments. Identify the term actually breached and its actual breach date.
TCG Regulations 2013, reg 9(2)(a)–(b)How does this provision count time?
- Include the actual breach day in twelve months. For an ordinary corresponding anniversary, the final date is the preceding date.
- Do not use a closed court office to add a further statutory day after the restarted period. An actual extension under paragraph (3) is a separate source event.
Include the actual breach day in twelve months. For an ordinary corresponding anniversary, the final date is the preceding date.
Do not use a closed court office to add a further statutory day after the restarted period. An actual extension under paragraph (3) is a separate source event.
TCG Regulations 2013, reg 9(2)(a)–(b)What do independently checked examples show?
Fictitious example
The enforcement agent relying on a qualifying repayment-arrangement breach. The established event is Friday, October 9, 2026. Use 12 calendar months beginning with that date, so the last valid day is the corresponding anniversary minus one day. The endpoint is Friday, October 8, 2027. It identifies the stated boundary rather than a guaranteed successful filing or permission grant. Additional fictitious established facts. Actual notice of enforcement. Tuesday, September 1, 2026. Repayment arrangement made. Thursday, September 10, 2026. Actual repayment breach. Friday, October 9, 2026. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The enforcement agent relying on a qualifying repayment-arrangement breach. The established event is Friday, October 9, 2026. Use 12 calendar months beginning with that date, so the last valid day is the corresponding anniversary minus one day. The endpoint is Friday, October 8, 2027. It identifies the stated boundary rather than a guaranteed successful filing or permission grant. Additional fictitious established facts. Actual notice of enforcement. Tuesday, September 1, 2026. Repayment arrangement made. Thursday, September 10, 2026. Actual repayment breach. Friday, October 9, 2026. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records. The established event is Friday, October 9, 2026. Use 12 calendar months beginning with that date, so the last valid day is the corresponding anniversary minus one day. The endpoint is Friday, October 8, 2027. It identifies the stated boundary rather than a guaranteed successful filing or permission grant. | Friday, October 8, 2027 |
| Example 2. Closed-day boundary | The enforcement agent relying on a qualifying repayment-arrangement breach. The corresponding source boundary is Saturday, October 7, 2028. This fixture concerns the statutory boundary, permission threshold or instrument validity itself. A closed court office does not automatically change that boundary; it does not purport to authorize a separate court act on a closed day. Additional fictitious established facts. Actual notice of enforcement. Wednesday, September 1, 2027. Repayment arrangement made. Friday, September 10, 2027. Actual repayment breach. Friday, October 8, 2027. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records. The corresponding source boundary is Saturday, October 7, 2028. This fixture concerns the statutory boundary, permission threshold or instrument validity itself. A closed court office does not automatically change that boundary; it does not purport to authorize a separate court act on a closed day. | Saturday, October 7, 2028 |
| Example 3. Material procedural branch | The enforcement agent relying on a qualifying repayment-arrangement breach. The supplied date is when the instalment arrangement was signed, not when it was breached. An actual qualifying breach event is required. Additional fictitious established facts. Actual notice of enforcement. Wednesday, September 9, 2026. Repayment arrangement made. Saturday, September 19, 2026. Actual repayment breach. Not established. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records. The supplied date is when the instalment arrangement was signed, not when it was breached. An actual qualifying breach event is required. | An actual qualifying breach event is required. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Identified actor and operative event
- The arrangement must follow notice of enforcement and concern repayment of the outstanding sum by installments. Identify the term actually breached and its actual breach date.
- Provision-specific counting and closure
- Include the actual breach day in twelve months. For an ordinary corresponding anniversary, the final date is the preceding date. Do not use a closed court office to add a further statutory day after the restarted period. An actual extension under paragraph (3) is a separate source event.
- Required completion and separate procedural route
- A missed payment allegation alone does not establish all arrangement conditions. Preserve notice, arrangement terms, payment history and the breach relied on before selecting this branch.
- The arrangement must follow notice of enforcement and concern repayment of the outstanding sum by installments. Identify the term actually breached and its actual breach date.
- The notice date controls the ordinary paragraph (1) branch. Paragraph (2) replaces that period event with an established qualifying breach; it does not run from the arrangement signature date.
What must the responsible actor complete?
Questions about this procedure
When does a repayment breach restart the period for taking control?
Does merely signing a repayment arrangement start a fresh year?
No. Paragraph (2) requires both the qualifying arrangement and its breach. The period begins with the debtor’s breach.
TCG Regulations 2013, reg 9(2)(a)–(b)Can an arrangement made before enforcement notice establish this restart?
Paragraph (2)(a) describes the agent entering the arrangement after giving notice. Preserve that sequence rather than assuming any repayment agreement qualifies.
TCG Regulations 2013, reg 9(2)(a)Does the breach day itself count in the restarted twelve months?
Yes. Paragraph (2) begins the period with the breach date. Excluding the breach date would add an extra day to this statutory period.
TCG Regulations 2013, reg 9(2)Should the request for a repayment arrangement replace the breach date?
No. A request, an actual arrangement and a later actual breach are different facts. Only the source-defined breach establishes this restart.
TCG Regulations 2013, reg 9(2)Can the restarted period also be affected by an actual court extension?
Paragraph (1) is subject to the extension provisions. Establish any actual paragraph (3) order and the one-occasion condition in paragraph (4), rather than adding an assumed extension.
TCG Regulations 2013, reg 9(1)–(4)What evidence should support the selected breach event?
Retain the actual post-notice arrangement, its installment terms and the facts establishing the particular breach date. The date calculation does not decide a disputed breach.
TCG Regulations 2013, reg 9(2)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| TCG Regulations 2013, reg 9(2)(a)–(b) | Check the identified procedure, event, counting rule or qualification |
| TCG Regulations 2013, reg 9(1)–(2) | Check the identified procedure, event, counting rule or qualification |
| TCG Regulations 2013, regs 2, 9 | Check the identified procedure, event, counting rule or qualification |
| SI 2026/366, reg 2 | Check the identified procedure, event, counting rule or qualification |
| TCG Regulations 2013, reg 9(2)(a) | Check the identified procedure, event, counting rule or qualification |
| TCG Regulations 2013, reg 9(2) | Check the identified procedure, event, counting rule or qualification |
| TCG Regulations 2013, reg 9(1)–(4) | Check the identified procedure, event, counting rule or qualification |