Commercial Rent Arrears Recovery (CRAR) 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. As Landlord you instruct ‘enforcement agents’ (formerly known as bailiffs) to collect the rent or take control of goods. CRAR is a self help remedy and as such does not require leave from the Court.
Commercial Rent Arrears Recovery may be used in the following circumstances:
- It 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.
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 send the letter out on the day we take instruction from you.
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. Note that regulations state that only a Certified Enforcement Agent may take Control of Goods. All of our agents are certified.
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At RK9 our focus is on customer satisfaction. We work hard to deploy the right resources to suit your specific requirements. We never subcontract our staff, recruiting only the best individuals to represent us and meet our exceptionally high standards. All site instructions and training is given by RK9 management to the criteria set by the Security Industry Authority (SIA).