Our enforcement agent will establish the identity of the defendant and will then seize goods belonging to them and request that payment is made regarding the sums due under the writ. If the defendant is financially not able to pay the balance in full, a partial payment may be offered.
Goods that are seized are usually only removed if payment is refused, the defendant cannot pay or the enforcement agent feels that the goods are likely to be removed or could be at risk.
The enforcement agent will attend the property with a locksmith (if necessary) and will ask any persons present to leave the property. Once all persons have left the property the agent will conduct a thorough search of the property to verify that the property is clear of all persons.
Only once the agent is satisfied that the property is empty, they will then hand the property over to the instructing client or their pre-approved agent / representative.
Forfeiture is a Common Law means of terminating a commercial lease prior to the contractual termination date due to a breach of the terms by the tenant. The forfeiture process terminates the contractual agreement and landlords commercial lease obligations. Our enforcement agent will attend the property on receipt of the landlord's instruction to take possession of the property and securely display a compliant notice for anyone approaching the property to see.
Commercial landlords & their agents can recover unpaid pure rents once the rent becomes overdue in accordance with the Tribunals, Courts & Enforcement Act 2007 – Commercial Rent Arrears Recovery (CRAR)
Landlords must possess & supply evidence of a written tenancy or lease where specified rents are demanded from the tenant with no recent amendments to terms of payment.
The pure rent amount must be outstanding within the specified clause in your written tenancy or lease for a minimum period of 7 days rent.
Recoverable Rents only include commercial rent, interest & VAT payable under a written tenancy or lease. Any other charges including insurance, service charges etc must be excluded from the unpaid rent & recovered through our Ancillary Charge Recovery service.
CRAR can be progressed once rent has become due & payable. Following a compliance period our enforcement agent will attend the demised premises to begin the recovery process and seize goods in accordance with the Taking Control of Goods Regulations 2013.
The written tenancy or lease must not cover mixed use or include any form of residential use of areas of the property. Properties with a physically separated area or by way of a separate lease can be included within the CRAR process.