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Commercial Rent Arrears Recovery (CRAR)

Commercial Rent Arrears Recovery (CRAR)

Our statutory powers allow us to take control of goods belonging to commercial tenants for unpaid rent. If the rent amount remains unpaid after initial notice has been provided by us, we can remove goods sell them at public auction and offset the net sales proceeds against the amount owed. In the majority of cases we will be able to negotiate a short term payment arrangement with the tenant to recover the full amount, leaving the goods seized on site pending payment. The tenant is also liable for our fees, allowing the landlord to recover the full rent amount where we are successful. We can even help to recover rent arrears or contractual liability for a full rent term after a tenant has left a property. As High Court Enforcement Officers we can enforce judgments for sums relating to former tenancy agreements. Where the tenant has moved on to new premises, we can demand payment (inclusive of our fees) or seize goods to cover the amount outstanding. The process is similar to a collection of rent arrears, although a certificated bailiff’s powers of seizure are limited to goods located on the premises leased by the landlord.

Contact us for Advice on Rent Arrears Recovery

Download our free Commercial Rent Arrears Recovery. Arrange a call back from our Client Services Team for further advice on our commercial rent arrears collection service. You are welcome to contact us at any time on 0330 900 8000 and we will endeavour to help you with your enquiry. In the meantime, why not download our Free Guide to Recovering Commercial Rent Arrears?

About Commercial Rent Arrears Recovery

What will you do to collect rent arrears?

Once instructed we will attend the premises (after service of the relevant notices) and identify a member of management. We will carry out a full inventory of the goods on site and make an assessment as to value. We will ask the tenant to make payment immediately and, where possible, we will collect rent arrears and costs during our first attendance. If the tenant is unable to make payment and we consider it prudent, we will seek our client’s advice on removal of goods. We may then proceed to remove. If we enter into a payment arrangement or ‘controlled goods agreement’ (formerly known as a walking possession agreement), we will explain the provisions of the agreement clearly to the tenant and will re-attend as necessary to collect the rent and costs by instalment. We will generally have made a full collection within 7-10 days from the date of our first attendance and can remove at any point after expiry of the controlled goods agreement if the tenant fails to meet his obligations for payment under the agreement.

How long will it take to collect rent arrears?

Following receipt of instructions, we will serve the legally required notice (7 clear days) then make a first attendance. If we consider that there are sufficient goods on site to cover the outstanding rent and our costs we may look to seize and remove immediately, with our client’s consent. However, in most cases we will grant a ‘controlled goods agreement’, which enables the tenant to retain the goods seized on the premises on the understanding that payment is made in accordance with agreed terms. Where we remove goods for sale, we will provide 7 days’ notice before sale the items seized commences. The items will be entered for auction and the proceeds will be paid over as soon as possible. Where we enter into a controlled goods agreement we will endeavour to collect as much possible as soon as possible and we will generally be able to collect full payment with 7-10 days from date of instruction.

How much will it cost to recover rent arrears?

We take an upfront fee of £75.00+vat (£90.00) which is refunded upon successful enforcement as our fees are payable by the tenant (rather than the landlord) and are calculated in accordance with The Taking Control of Goods (Fees) Regulations 2014. If we are required to remove goods and sell them at auction we will deduct our fees from the proceeds of sale. We will generally only remove where there are sufficient assets to discharge the outstanding rent arrears and our costs or where we consider that the tenant is likely to abscond or that the goods seized are otherwise at risk.

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Let Burlington’s award-winning Enforcement Team help you recover outstanding debts. As Enforcement Agents and High Court Enforcement Officers, Burlington can assist with both general debt collection and judgment enforcement. So, whatever your enforcement requirements, let Burlington help you. To instruct Burlington to act for you simply complete an online instruction form.
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