UK Bailiffs Logo UK Bailiffs

Commercial Rent Arrears Recovery (CRAR) – Plain English guide

What can and does a Bailiff (Enforcement Agent) do?

This addendum explains, in practical terms, what enforcement agents can and cannot do when instructed under CRAR to recover commercial rent arrears. It is written for both landlords/agents and tenants.

Important: CRAR is not eviction

CRAR is a legal process for taking control of goods to recover rent arrears. It does not give possession of premises and does not mean a tenant is being “evicted”.

General information only. This summary is for guidance and is not legal advice. CRAR is governed by the Tribunals, Courts and Enforcement Act 2007 (Schedule 12) and related Regulations.

1) What CRAR is (and what it is not)

  • CRAR allows an enforcement agent to recover commercial rent arrears by taking control of goods and, if necessary, selling them.
  • CRAR applies to commercial premises and a commercial tenancy. It is not used for residential rent arrears.
  • CRAR is not eviction, not forfeiture, and not a power to take possession of premises.

Legal framework: TCEA 2007, Schedule 12.

2) What happens in practice under CRAR

Step A — Notice of Enforcement (NoE)

We must send a written Notice of Enforcement and give the debtor at least 7 clear days before we can take control of goods.

Step B — Attendance at the premises

If the balance remains unpaid after the notice period, we attend the premises (normally during business hours) to seek peaceful entry and take control of goods.

Step C — Taking control of goods

If we gain entry lawfully, we may list and secure goods, remove goods, or enter a Controlled Goods Agreement (CGA).

Step D — Removal and sale (last resort)

If the debt remains unpaid and no arrangement is kept, controlled goods may be removed and sold in line with the regulations.

3) What an enforcement agent CAN do (CRAR)

  • Send a NoE and request payment or a realistic proposal within the notice period.
  • Attend the commercial premises at a reasonable time to seek peaceful entry and take control of goods.
  • Once lawfully inside, identify goods belonging to the debtor and take control of them (including by CGA where appropriate).

4) What an enforcement agent CANNOT do (common myths)

  • We cannot force entry into locked commercial premises under CRAR on a first visit.
  • We cannot break locks, drill shutters, climb in, or enter by unusual routes.

Quick answers (for tenants & landlords)

“If we keep the doors locked, will you leave?”

We cannot force entry under CRAR on a first visit, but keeping premises locked does not end the matter.

“Can we just speak to a solicitor and delay it?”

A solicitor can communicate on your behalf, but enforcement does not stop because someone says “a solicitor will call”.

Forced entry (plain English)

Under CRAR, the starting rule is simple: entry must be peaceful. If premises are locked, an enforcement agent cannot force entry on a first visit.

How to resolve matters quickly

  • Pay in full during the notice period to avoid escalation.
  • If you need time, send a written offer with a clear payment schedule and evidence.