UK Bailiffs Logo UK Bailiffs

If you already rely on a bailiff company when rent goes unpaid — why not involve one before the tenant moves in?

UK Bailiffs have years of experience enforcing commercial rent arrears and has successfully recovered hundreds of thousands of overdue rents for landlords, managing agents and property operators across England and Wales.

That same experience is now applied proactively through our Commercial Tenant Risk Protection (CTRP) service — a structured pre-tenancy solution that combines financial checks, enforcement-ready lease drafting and, where agreed, a Protective Controlled Goods Agreement (CGA) at the start of occupation.

The goal is simple: to reduce future arrears risk, secure goods lawfully, and create clarity between landlord and tenant from day one.

Learn More About CTRP
For commercial landlords & agents

Commercial Tenant Risk Protection Service

A structured onboarding service that helps you vet new commercial tenants, issue an enforcement-ready lease and, where agreed, put a modern “protective levy” style Controlled Goods Agreement (CGA) in place at the start of occupation – fully compliant with CRAR and the Taking Control of Goods regime.

  • Reduces the risk of early arrears, disputes and contested forfeiture.
  • Starts the tenancy with documented enforcement options and secured goods.
  • Protects both landlord and tenant from conflicting third-party enforcement.

Ideal for portfolio landlords, managing agents and pub or hospitality operators who want enforcement built into the letting process.

Enforcement team office door

Three-part protection for new tenancies

Services 1 and 2 are completed at the application stage, before the tenant takes occupation. Service 3 is activated at the start of the tenancy once goods are on site and the agreed initial rent is seven days in arrears on paper.

Each of the three services can be instructed independently or combined as a complete protection package. While steps 1 and 2 are typically carried out before the tenant moves in, both tenant financial checks and the Protective CGA (modern protective levy) can also be instructed at any stage of the tenancy — for example, when a new guarantor is added, rent terms are renegotiated, or arrears begin to form.

Application stage – service 1

Commercial Tenant Financial & Risk Report

We go beyond a simple credit check to give you an enforcement-focused view of the applicant’s strength, structure and likely risk profile.

  • Company and director checks – CCJs, insolvency, dissolutions and trading history.
  • Links to other entities where available, highlighting repeat-failure patterns.
  • Commentary on enforcement practicality if arrears arise later.

Turnaround: typically 3–7 working days from receipt of full details.

Application stage – service 2

Enforcement-Ready Draft Lease

We prepare a working draft lease based on enforcement best practice. Your solicitor then reviews and finalises the document.

  • Clear forfeiture and re-entry clauses for non-payment of rent.
  • Draft wording aimed at preserving CRAR where premises are wholly commercial.
  • Careful definition of “rent” aligned with how CRAR actually operates.
  • Provisions restricting or regulating sub-letting and changes of use to preserve enforcement clarity.

Note: enforcement-focused drafting only – your own solicitor must approve any lease before use.

Start of tenancy – service 3

Protective Controlled Goods Agreement (CGA)

Once the tenant has moved in, placed goods on site and the first week’s rent is seven days in arrears on paper, landlord and tenant (by agreement) can instruct us to put a Protective CGA in place – a modern, regulated equivalent of the historic protective levy.

  • Notice of Enforcement served under CRAR and attendance by a certificated enforcement agent.
  • Goods identified, listed and taken into control at the premises.
  • Controlled Goods Agreement signed by our agent and the tenant, usually mirroring the normal rent pattern.
  • Responsibility for enforcement fees agreed in advance – landlord-funded or tenant-reimbursed.

Effect: goods are under lawful control from the outset, giving you leverage if payments stop and protecting the tenant from other firms trying to seize the same assets.

Why landlords use this service

Instead of reacting after problems arise, you start each new tenancy with due diligence, enforcement-aware documentation and, where agreed, a Protective CGA at the point of occupation. This reduces surprises, speeds up recovery when necessary and demonstrates professional risk management to lenders and investors.

Important Disclaimer

The creation of a “technical arrears” period to initiate CRAR could be perceived as manipulative if not clearly disclosed to the tenant. Transparency is critical to avoid claims of coercion or unfair practices under consumer protection laws or common law principles of good faith. Both parties should understand the purpose and timing of any Controlled Goods Arrangement before proceeding.

Key Questions About the Protective CGA

Is the Protective CGA part of the lease?

No. It is a separate agreement entered into after the lease is completed, once the agreed initial rent period is due and goods are on site. This keeps the lease clean while still delivering a protective effect similar to the old protective levy.

Why create a technical arrears at the start?

A short, agreed arrears period provides the lawful basis to rely on CRAR and enter into a Controlled Goods Agreement. The tenant understands and agrees to this; they remain in occupation and trading, but the landlord has a clear, documented hold over goods if rent is not paid.

How does this protect the tenant?

With a valid CGA in place, there is written evidence that goods are already controlled for the landlord’s rent. This makes it much more difficult for other bailiff firms acting for different creditors to claim or remove the same goods, reducing confusion and aggressive tactics.

Who pays the enforcement fees?

That is agreed at the outset between landlord and tenant. Some landlords treat the initial visit as a risk-management cost; others agree that the tenant will reimburse the fees. We document whichever approach you choose so expectations are clear.

Is a Protective CGA legal under CRAR and the Taking Control of Goods Regulations?

Yes. It follows the same statutory process as any Controlled Goods Agreement, including the serving of a Notice of Enforcement by a certificated enforcement agent and the lawful taking control of goods. The tenant then agrees to a repayment arrangement relating to those controlled goods. The key difference is that this process is initiated cooperatively at the start of the tenancy rather than reactively after default.

Can a Protective CGA be set up later in the tenancy?

Absolutely. While many landlords prefer to put a CGA in place at the beginning, it can be instructed at any stage – for example, when rent terms change, arrears develop, or a new guarantor is added to the agreement.

Does the CGA protect guarantors or co-tenants?

Yes. By defining which goods are held under control, a CGA helps guarantee transparency and ensures that any guarantor’s obligations are supported by documented security on the premises. This can simplify recovery and protect relationships between multiple parties.

Is there any risk in creating a “technical arrears” period?

The process must be transparent. If the arrears are artificially created or not clearly disclosed to the tenant, it could be seen as coercive or unfair under consumer protection law or general contractual good faith. Both landlord and tenant should acknowledge the reason and structure for the arrangement before it is applied.

Ready to protect your next tenancy?

Enquire today and we’ll outline a Commercial Tenant Risk Protection package tailored to your property.

Enquire Now

Commercial Tenant Financial & Risk Report

Before granting a new commercial lease, UK Bailiff Services Ltd offers a proportionate financial and enforcement risk report designed to help landlords and managing agents avoid problematic tenancies. Unlike standard credit checks, our reports focus on enforcement practicality, tracing, and patterns of historic financial behaviour.

Purpose: To identify red flags before lease completion and ensure that, if enforcement ever becomes necessary, the process can be carried out efficiently and lawfully.
  • Company and director searches including CCJs, insolvencies, dissolutions and trading continuity.
  • Cross-checks on connected entities, shared addresses and historic lease failures.
  • Review of financial filings and any warning signs indicating poor payment performance.
  • Identification of enforcement or tracing difficulties before a lease is granted.
  • Plain-English summary report suitable for solicitors, lenders or internal due diligence files.

Turnaround: typically 3–7 working days from receipt of tenant and company details.

Outcome: a clear, documented assessment of enforcement risk, ideal for use before committing to a long-term lease.

Enforcement-Ready Draft Lease

Drawing on extensive enforcement experience, we prepare draft commercial lease documents that anticipate real-world issues. These drafts are designed to preserve your rights under the Commercial Rent Arrears Recovery (CRAR) framework and simplify enforcement should arrears arise. Your solicitor then reviews and finalises the document.

Purpose: To ensure the lease supports lawful and effective enforcement in line with CRAR and forfeiture provisions.
  • Inclusion of clear forfeiture and re-entry rights for non-payment of rent.
  • Preserves CRAR enforceability where the premises are wholly commercial.
  • Defines “rent” accurately for CRAR purposes, avoiding technical exclusions.
  • Provisions restricting or regulating sub-letting and changes of use to preserve enforcement clarity.
  • Optional commentary explaining enforcement implications of each key clause.

Legal note: this service provides a working draft informed by enforcement practice — it is not legal advice. Your solicitor must review and approve any final document before execution.

Outcome: a lease structure designed to protect the landlord’s enforcement position and avoid costly disputes later.

Protective Controlled Goods Agreement (CGA)

The modern equivalent of the historic “protective levy,” this service establishes a lawful Controlled Goods Agreement(CGA) under the Taking Control of Goods Regulations 2013 and CRAR framework. It is typically completed at the start of the tenancy — once the tenant’s goods are in situ and rent is seven days in arrears on paper — but can also be applied later in the term to secure arrears or protect the landlord’s position.

Purpose: To provide a compliant enforcement hold over the tenant’s goods, ensuring rent payments are secured while allowing continued trade and protecting against third-party bailiff interference.
  • Formal Notice of Enforcement issued under CRAR.
  • Attendance by a certificated enforcement agent to identify and list goods on site.
  • Creation of a signed Controlled Goods Agreement between tenant and agent.
  • Tenant continues trading under agreed payment terms, normally the regular rent schedule.
  • Landlord or tenant may fund enforcement fees, as agreed in writing before attendance.

Timing: usually implemented at lease commencement, but can also be arranged mid-tenancy following rent arrears or restructuring of payment terms.

Outcome: both landlord and tenant gain documented protection — the landlord retains control over goods for arrears, while the tenant gains certainty against conflicting enforcement actions.

Each of the three services can be instructed independently or combined as a complete protection package. While steps 1 and 2 are typically carried out before the tenant moves in, both tenant financial checks and the Protective CGA (modern protective levy) can also be instructed at any stage of the tenancy — for example, when a new guarantor is added, rent terms are renegotiated, or arrears begin to form.