Commercial Rent Arrears Instruction
Our Certificated Enforcement Agents (Bailiffs) will attend your commercial rental property and collect your tenants outstanding commercial rent arrears.
Commercial Rent Arrears Recovery is regulated under Section 72 of the Tribunal Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2014
Please click the button to complete the form if you wish to instruct Enforcement Agents to recover commercial rent arrears
Completing the form does not constitute a contract or acceptance of the instruction.
Once submitted, we will email you a copy of the Warrant for acceptance and then we will begin the process.
We may also request further details as part of our due diligence procedures.
FREQUENTLY ASKED QUESTIONS
What is CRAR
Commercial Rent Arrears Recovery replaced Common Law Distress for Rent in April 2014.CRAR is a self help remedy and as such does not require leave from the Court. A landlord can instruct enforcement agents (formerly known as bailiffs) to collect the rent or take control of goods.
Do I need a Court Order to instruct bailiffs to collect rent?
No. CRAR is a self help remedy and as such does not require leave from the Court.
Under what circumstances can CRAR be used?
CRAR may only be used on commercial premises and there must be a written lease in place. (If the premises are mixed use or residential use, you will need to obtain a judgment to recover arrears)
CRAR may only be used to recover rent, interest and VAT. (If you need to recover other charges such as insurance or service charges, we can help separately).
The rent must be at least seven days in arrears and the rent owed must be for the value of at least 7 days’ rent.
The Enforcement Agent (Bailiff) must give the tenant at least 7 days’ notice (excluding Sundays and bank holidays) that he is exercising his right to use CRAR.
The rent must still be unpaid at the time the notice is served, as well as immediately before any goods are seized.The notice must be served, either by post, hand, fax and electronic communications such as email.
Notice will be valid for 12 months.
What does Taking Control of Goods mean?
A Certificated agent will attend your tenants property and take control (seize) of internal and external assets.
If payment is not received then these goods can be sold at auction to recover money.
Are you required to give the tenant notice?
Previous regulations (Distress for Rent) provided the element of surprise. With no prior notice, the bailiff could turn up and seize your tenants goods.
By contrast, under the new regulations of CRAR, we must give the tenant at least 7 clear days notice in writing.
We will usually send the letter out on the next working day after we have received your instruction.
Can anyone take Control of Goods?
Regulations state that only a Certificate Enforcement Agent may take Control of Goods.
All of our Agents are Certificated and experienced in collecting Commercial rent arrears.
Can I forfeit the lease if you are unsuccessful?
Not in that quarter/ rent period.. By exercising CRAR you are effectively agreeing continuation of lease.
When will I get my money?
All cleared funds less fees will be paid into your nominated bank witthin 2 working days.