Writ Of Control | Is Enforcing against Director’s Home Office Possible Using High Court Enforcement?
They cannot enforce a Writ of Control at the home of a director of a company against the personal assets of a director. Such is the protection afforded to directors by the concept of limited liability.
That said with more and more people working from home offices, then directors should be aware that this makes that part of their home open to attendance by a High Court Enforcement Agent. The home office becomes one of the places where the company carries on business.
Under paragraph 14 of Schedule 12 to the Tribunals Courts and Enforcement 2007 (TCEA 2007) an enforcement agent may enter “relevant premises” to search for and take control of goods.
Premises become “relevant” if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor either usually lives, or carries on a trade or business.
So, in a fictional case, our enforcement agents could attend 63 Acacia Avenue with background information often given to us by the Judgment Creditor, that the company operates from a home office.