Commercial Rent Arrears Recovery (CRAR) — Terms & Conditions

These Terms & Conditions (“Terms”) apply to the provision of Commercial Rent Arrears Recovery (CRAR) services by UK Bailiff Services Ltd trading as UK Bailiffs (“UKB”) to landlords, managing agents and their authorised representatives (“you”, “Client”).

Last updated: July 2025

1. Scope & Legal Basis

1.1 CRAR enables a landlord of purely commercial premises to take control of a tenant’s goods to recover principal rent that is due and unpaid, subject to the conditions in the Tribunals, Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013 (“CRAR Legislation”). These Terms govern our conduct as enforcement agents when acting on your written instruction.

1.2 UKB acts strictly as an enforcement agent under the CRAR Legislation. Information on our websites and communications is for general information only and does not constitute legal advice.

1.3 For the avoidance of doubt, “7 clear days’ rent” refers solely to net principal rent, exclusive of interest or VAT unless such sums are expressly contractually included as rent under the lease.

2. Instructing Us (Submission & Right to Decline)

2.1 Instructions must be submitted electronically via UKB’s online form unless a Director agrees otherwise in writing. By submitting an instruction you authorise UKB to act and our certificated enforcement agents to exercise CRAR.

2.2 UKB may decline any instruction at its sole discretion where the lease is not a qualifying commercial lease, the sums are not Rent , any residential element exists, insolvency or another restraint is present, or operational, safety or reputational concerns arise. Any monies paid in anticipation of enforcement may be refunded upon written request and Director approval.

2.3 Unless you opt out in writing at the time of instruction, you authorise UKB to prepare and sign documents on your behalf for CRAR (including Notices of Compliance, Notices of Enforcement, Controlled Goods Agreements, Notices After Entry and Notices of Possession).

3. Client Warranties & Ongoing Obligations

3.1 You warrant that: (a) the lease is a qualifying written commercial lease; (b) the premises are wholly commercial; (c) arrears are Rent (including VAT/contractual interest where applicable) and exclude all other sums; (d) information and documents provided are complete and accurate; and (e) you are legally entitled to instruct CRAR.

3.2 You will promptly notify UKB of developments affecting enforcement, including settlements, payment plans, part-payments, forfeiture action, insolvency/administration/CVA, litigation or court orders.

3.3 You will not hinder (and will not permit others to hinder) UKB’s CRAR process.

3.4 Any failure by the Client to disclose material facts affecting enforcement, including without limitation insolvency, forfeiture, settlement or part-payments, or related legal proceedings, constitutes a material breach of these Terms. UKB may suspend or terminate enforcement and seek full indemnity recovery for any losses arising from such non-disclosure.

4. Process & Timelines

4.1 On receipt of a valid instruction UKB issues a 7-day Notice of Enforcement. Following the compliance stage, agents may attend to take control of goods, secure payment or a Controlled Goods Agreement, remove goods where proportionate, and arrange sale in accordance with law.

4.2 No guarantee of recovery is given. Outcomes depend on compliance with statute, existence/value of goods, and debtor cooperation.

5. Fees, Disbursements & VAT

5.1 UKB applies the statutory fees prescribed by the Taking Control of Goods (Fees) Regulations 2014. Reasonable disbursements (e.g., locksmith, storage, auctioneer, towing/transport, tracing) are recoverable.

5.2 Statutory fees are due from the debtor in the first instance. UKB may deduct statutory fees and approved disbursements from recovered monies before remitting any balance to you. Funds are held in UKB’s client account and released once cleared.

5.3 VAT may be chargeable; VAT-registered landlords may be able to reclaim VAT from HMRC as appropriate.

6. Payments, Direct Receipts & Distribution

6.1 If, on or after the date of instruction, you receive payment directly from the debtor (in whole or part), enter any settlement, or withdraw/suspend the instruction, you become liable for UKB’s full statutory fees for the stage(s) reached, payable within seven (7) days of invoice.

6.2 Where the debtor has absconded or there are insufficient goods to take control of and fees cannot be recovered within fourteen (14) days, you are liable for those fees. If the debtor later pays those fees to UKB, UKB will reimburse any duplicated amounts to you.

6.3 Partial payments made by the debtor, whether paid directly to you or via UKB, do not discharge or reduce your liability for statutory enforcement fees due to UKB.

7. Cancellation & Suspension

7.1 You may request cancellation or suspension at any time, but statutory fees already incurred (and any reasonable disbursements) remain payable. UKB may cancel or suspend where proceeding would be unlawful, unsafe or operationally inappropriate.

8. Limitation of Liability & Indemnity

8.1 UKB is not liable for loss of profits, revenue, business, goodwill, anticipated savings, or for any indirect, incidental, special or consequential losses, whether in contract, tort (including negligence) or otherwise. UKB’s aggregate liability to you for any instruction is limited to the total fees charged by UKB to you for that instruction.

8.2 You shall defend, indemnify and hold harmless UKB, its directors, officers, employees, agents and contractors from and against all losses, claims, liabilities, damages, costs and expenses (including reasonable legal fees) arising from or in connection with: (a) the accuracy or completeness of information you supply; (b) disputes concerning title or third-party rights in goods; (c) claims by the debtor, sub-tenants, licensees, mortgagees or third parties; and (d) your breach of these Terms.

9. Suspension, Termination & Insolvency

9.1 CRAR may be restricted or prohibited where insolvency or certain court processes apply. You must disclose such processes before instruction and immediately on becoming aware thereafter. Where enforcement is prevented or annulled due to an undisclosed or subsequent insolvency or conflicting proceeding, you remain liable for UKB’s fees and reasonably incurred disbursements.

10. Data Protection & Processing

10.1 You act as data controller for personal data supplied in or with the instruction and warrant a lawful basis for sharing such data with UKB. UKB acts as an independent controller for data it processes for enforcement and compliance purposes.

10.2 You authorise UKB to process and share relevant data with certificated enforcement agents, courts, auctioneers, locksmiths, storage providers, tracing agents, IT and communications providers and other third parties reasonably required for CRAR and associated activities.

11. Complaints

11.1 Concerns regarding case handling should be raised with UKB’s Client Services Team. Formal complaints must be made via our published policy at https://www.ukbailiffs.co.uk/complaints-policy. We will respond in line with that policy.

11.2 UKB will acknowledge receipt of any formal complaint within five (5) business days and will provide either a substantive response or an estimated timeframe for resolution in accordance with its Complaints Policy.

12. Payment Terms, Interest & Chargebacks

12.1 Invoices are due on receipt unless stated otherwise. Where any part is disputed, the undisputed element must be paid; disputes must be raised promptly in writing.

12.2 UKB may charge interest on overdue sums at 8% above the Bank of England base rate, accruing daily until paid, plus reasonable recovery costs.

12.3 If a bank/card payment is charged back and UKB cannot successfully defend it, UKB may invoice you for any remitted amount and associated costs. You are not entitled to set-off, counterclaim or withhold sums due to UKB.

13. Operational Matters

13.1 All CRAR enforcement attendances are conducted by certificated enforcement agents. UKB may subcontract or assign performance to approved agents/suppliers without further consent.

13.2 For safety and evidential purposes, agents may use body-worn video/audio recording at attendances.

13.3 UKB is not responsible for delay or failure to perform due to Force Majeure events (including police/court delays, civil disorder, acts of God, utilities or systems failures, or other events beyond reasonable control).

13.4 UKB’s VAT registration number is GB306547801.

14. General

14.1 Entire Agreement: These Terms constitute the entire agreement between you and UKB for CRAR services.

14.2 Severance: If any provision is held invalid or unenforceable, the remaining provisions remain in force.

14.3 No Waiver: A failure or delay to exercise any right does not constitute a waiver.

14.4 Notices: Notices must be in writing to the contact details specified by the parties.

14.5 Governing Law & Jurisdiction: These Terms are governed by the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction.

Trading name: UK Bailiff Services Ltd trading as UK Bailiffs.