Commercial Rent Arrears Recovery
Our certificated Enforcement Agents (Bailiffs) team at South East Enforcement have years of experience in recovering commercial rent arrears from commercial tenants, as we enforce following the processes set out in ‘The Taking Control of Goods Regulations 2013’.
We will act to recover commercial rent arrears for you, as soon as we are instructed by you to ensure your rent is collected as quickly as possible.
Suppose you are a commercial landlord with tenants who have not paid rent or you’re an investor of a residential property with tenants who owe rent arrears. In that case, it is essential to know that enforcement services are available to help. Recovering rent arrears from a commercial tenant can be challenging, but getting legal advice early on can greatly improve your chances of a successful outcome. At South East Enforcement, our experienced and certificated enforcement agents will provide you with commercial rent arrears recovery services. We are also aware that the future relationship between landlord and tenant needs to be protected and never jeopardised through unprofessional third party behaviour. We ensure our enforcement services will follow a process and procedure that is simple yet very effective in the delivery of Commercial Arrears Rent Recovery (CRAR). If your commercial tenant has fallen into arrears, our enforcement agents can help you with commercial rent arrears recovery and support you throughout the process.
What Exactly Is Commercial Rent Arrears Recovery?
Commercial Rent Arrears Recovery (CRAR) is a legal process in England and Wales that enables landlords to take back possession of their property following rent arrears. The process is governed by the Tribunals, Courts and Enforcement Act 2007, The Taking Control of Goods Regulations 2013 and The Taking Control of Goods (Fees) Regulations 2014 and provides an alternative to court action for recovering unpaid rent. Under CRAR, tenants who have not paid rent are served with an enforcement notice, giving them seven clear days (approx 11 days in real time) to pay the arrears to prevent further enforcement action. If the tenant fails to meet their obligation within this period, then as Enforcement Agents we can attend the property as given on the commercial lease and use goods and assets as leverage to try and prompt payment, failing that the goods and assets can be removed and sold at public auction to satisfy the liability.
CRAR is regulated by the Ministry of Justice, which means that landlords must comply with certain rules and regulations. For example, landlords must ensure that they act promptly in taking action against those tenants who have not paid rent. Additionally, CRAR can only be used on a purely commercial property, if the lease is “mixed-use” then a Court Order for the debt will be required. By adhering to these rules, landlords can ensure that they are acting within the law and exercising their legal rights fairly and reasonably.
Who Can Use CRAR?
CRAR can be used by landlords who are entitled to receive rent under a commercial lease agreement in England and Wales. This includes a wide range of landlords such as private individuals, companies and charities.
How to Apply for CRAR?
To apply for CRAR, landlords must simply get in touch with our dedicated team and provide a copy of the lease agreement, from there we can do the rest for you!
Why Choose Our CRAR Services?
Our certificated Enforcement Agent team at South East Enforcement have years of experience in recovering commercial rent arrears from commercial tenants, as we enforce following the processes set out in The Tribunals, Courts and Enforcement Act 2007, The Taking Control of Goods Regulations 2013 and The Taking Control of Goods (Fees) Regulations 2014. We will act to recover commercial rent arrears for you, as soon as we are instructed by you to ensure your rent is collected as quickly as possible.
We ensure our enforcement services will follow a process and procedure that is simple yet very effective in the delivery of Commercial Arrears Rent Recovery (CRAR). If your commercial tenant has fallen into arrears, our enforcement agents can help you with commercial rent arrears recovery and support you throughout the process.
Fast & Effective
Our team of Enforcement Agents will send out a Notice of Enforcement as soon as possible.
Professional Service
Our enforcement team prides itself on delivering a quality, professional enforcement service that delivers both satisfaction and results every single time.
Experienced Bailiffs
As experts in CRAR, we will aim to recover your money as quickly as possible and pay it to you within 48hrs of the money clearing in our account. That is our guarantee.
Professional CRAR Bailiffs (Enforcement Agents)
With years of experience enforcing commercial rent arrears recovery, our private Bailiffs (Enforcement Agents) follow the professional legal processes to ensure successful enforcement.
How can I recover commercial rent arrears from my tenant?
You can recover commercial rent arrears under ‘Common Law’, provided you have a valid lease in place.
What are the legal requirements for CRAR?
It MUST NOT include mixed-use premises. The tenant MUST owe more than seven days’ rent. Enforcement can only take place at the demised premises. There MUST be a valid lease in writing. “Lease” includes a tenancy in law or in equity, including a tenancy at will, but not a tenancy at sufferance. References to a lease also apply to any written variation.
How long does the commercial rent recovery process take?
It will vary depending on the circumstances; however, we will start the process of initial engagement with your tenant immediately on instruction.
Can a tenant stop CRAR enforcement after it has started?
Only by paying the debt either in full or by arrangement, or by obtaining a Court Order for us the cease action.
What happens if my tenant refuses to pay after a payment plan is agreed?
We will re-attend and take further enforcement action. What action we take will depend on the specific circumstances.
Can I use CRAR for residential tenants or mixed-use properties?
No, you cannot. For these types of properties, you’ll need a ‘County Court Order’.
Do I need a court order to recover rent arrears under CRAR?
No, you can use CRAR as a Common Law remedy, subject to having a valid lease in place.
What if my commercial tenant vacates the property without paying rent?
There are several options for this situation. Please speak to us so we can advise on the best course of action, based on the specific circumstances.
Can CRAR be used for service charge or utility debts?
No. CRAR can only be used to recover rent due under the lease, along with interest and VAT if applicable.
What are my options if CRAR is not suitable for my situation?
There are a number of options for this circumstance. Please speak to us to decide what is best based on the specific circumstances.
How do I instruct bailiffs for CRAR enforcement?
Please get in touch and we can give you our instruction form and run through the process with you.
We are Here to Help You
If you’re not sure of the best method of enforcement, give us a call and we will discuss your Traveller Evictions options and explain the processes involved.
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0800 689 4356
info@southeastenforcement.co.uk
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