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.

3.1A Commercial Use Confirmation
The Client confirms that the premises to which this instruction relates are used solely for commercial purposes and do not include any residential occupation, sleeping accommodation, or dwelling, whether permanent or temporary.

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, parking, tolls, congestion charge, ULEZ or Clean Air Zone charges, access or induction fees) 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.

6.3 Direct Payments to the Client
Any payment made by the debtor directly to the Client after the date of instruction, whether in full or part, does not discharge or reduce the Client’s liability for statutory CRAR fees incurred by UKB for the stage(s) reached.

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.

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.

7.2 Abortive Enforcement
Where enforcement is unsuccessful or aborted due to lack of goods, insufficient value, incorrect or incomplete information, access issues, legal restriction, insolvency, third-party claims, or debtor non-cooperation, all statutory fees, attendance costs and reasonably incurred disbursements remain payable by the Client.

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. UKB’s aggregate liability is limited to the total fees charged for the instruction.

8.2 You shall indemnify and hold harmless UKB against all claims arising from inaccurate information supplied, third-party claims to goods, debtor disputes, or 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.

9.2 Effect of Insolvency on Fees
Where CRAR is restricted, prohibited, suspended or set aside due to administration, liquidation (voluntary or compulsory), moratorium, CVA, winding-up, bankruptcy, dissolution or any related insolvency process (whether disclosed before instruction or arising thereafter), all statutory fees, attendance costs and reasonably incurred disbursements remain payable by the Client.

10. Data Protection & Processing

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

10.2 You authorise UKB to share relevant data with certificated enforcement agents and third parties reasonably required for CRAR.

11. Complaints

11.1 Complaints must be submitted via our Complaints Policy at https://www.ukbailiffs.co.uk/complaints-policy.

12. Payment Terms, Interest & Chargebacks

12.1 Invoices are due on receipt unless stated otherwise. Undisputed sums must be paid even where part of an invoice is queried.

12.2 UKB may charge interest on overdue sums at 8% above the Bank of England base rate.

12.3 Where a chargeback is upheld and UKB cannot successfully defend it, UKB may re-invoice the Client for the full amount remitted.

13. Operational Matters

13.1 All CRAR enforcement is undertaken by certificated enforcement agents. UKB may subcontract approved agents where required.

13.2 Agents may use body-worn cameras and photographic recording.

13.3 UKB is not responsible for delays caused by events outside its 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.

14.2 Severance: Invalid provisions do not affect the remainder.

14.3 No Waiver: Delay in enforcing rights is not a waiver.

14.4 Governing Law & Jurisdiction: England and Wales.

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