UK Bailiffs | Certificated Enforcement Agents
Landlord Tenant Solutions
Commercial Rent and Lease Forefiture Specialists
UK Bailiffs are Certificated Enforcement Agents specialising in Commercial Enforcement
At UK Bailiffs, we understand that when a commercial tenant falls behind on rent, it can significantly impact your cash flow and property income. As a landlord, you have two primary legal remedies to recover outstanding rent or regain possession of your property: Commercial Rent Arrears Recovery (CRAR) and Forfeiture. Our expert team is here to help you choose the right course of action, ensuring a prompt, professional, and compliant resolution.
1. Commercial Rent Arrears Recovery (CRAR)
What is CRAR?
CRAR is a legislated process that allows landlords to recover overdue rent for commercial properties without the need for a court order. It enables the enforcement agent to enter the premises, list the tenant’s goods, and ultimately remove and sell them if the rent is not paid. CRAR applies only to rent arrears—service charges, insurance, or other commercial debts cannot be recovered using this method.
Key Benefits of CRAR:
- Swift Resolution: Once the relevant notice period has passed, enforcement can proceed quickly.
- Transparent & Regulated: The process is strictly regulated, offering protection for both landlord and tenant.
- Non-Adversarial: Often viewed as a more structured and predictable approach, encouraging tenants to settle arrears promptly.
2. Forfeiture
What is Forfeiture?
Forfeiture allows a landlord to terminate the lease if a tenant fails to meet the terms, typically by falling into rent arrears. By exercising the right of forfeiture, a landlord can lawfully re-enter and secure the premises, effectively ending the tenant’s right to occupy. Once forfeited, the landlord can seek a new tenant or reassess their property strategy.
Key Benefits of Forfeiture:
- Immediate Control of Your Property: Regain possession quickly, preventing further losses.
- Strong Leverage: The threat or act of forfeiture often prompts tenants to settle outstanding arrears.
- Future Flexibility: Once the lease is ended, you are free to negotiate more favourable terms with a new tenant.
Choosing the Right Option
Determining whether CRAR or forfeiture is the best solution depends on your circumstances and objectives. Factors such as the amount owed, the tenant’s willingness to negotiate, and your long-term property plans all influence the decision. At UK Bailiffs, our experienced enforcement professionals will:
- Provide Expert Advice: We’ll assess your specific situation, helping you understand the legal and financial implications of each method.
- Ensure Compliance: Our procedures always adhere to current legislation, protecting your interests and your reputation.
- Deliver Efficient Solutions: Whether through CRAR or forfeiture, we work swiftly and professionally to achieve the best possible outcome.
Ready to take control of your commercial property?
Contact UK Bailiffs today for a free, confidential consultation. We’ll guide you through every step, ensuring your property investments remain protected and profitable.
UK Bailiffs CRAR Process
- Instruct us online - our online form takes a few minutes to complete and generates an automated Warrant.
- Initial Assessment: UK Bailiffs conducts a review of the lease agreement and outstanding rent to confirm eligibility for CRAR.
- Notice of Enforcement: A 7-day Notice of Enforcement is issued to the tenant, giving them an opportunity to pay the arrears before enforcement action is taken.
- Enforcement Action: If the tenant does not settle the arrears, UK Bailiffs' enforcement agents attend the premises to take control of goods, in accordance with the regulations set out in the Taking Control of Goods (Fees) Regulations 2014.
- Sale of Goods: If payment is not made, the seized goods may be sold at auction to recover the debt.
- Detailed Reporting: Full documentation and photographic evidence are provided throughout the process to ensure transparency and compliance.
Advantages of Using CRAR
No Court Involvement: CRAR is a non-court procedure, making it faster and less costly than litigation.
Efficient Debt Recovery: Provides landlords with a streamlined method for recovering rent arrears.
Legal Compliance: Ensures all actions are taken in accordance with UK legislation, minimizing the risk of legal disputes.
Legislation Governing CRAR
Tribunals, Courts and Enforcement Act 2007: Establishes the legal framework for CRAR, replacing common law distress for rent.
Taking Control of Goods Regulations 2013: Outlines the procedures for enforcement agents when taking control of goods.
Taking Control of Goods (Fees) Regulations 2014: Specifies the fee structure for enforcement actions.
UK Bailiffs Lease Forfeiture
Commercial Lease Forfeiture is a legal remedy provided under English law that allows a landlord to terminate a lease agreement due to a breach of the lease terms by the tenant. UK Bailiffs offers specialized services in enforcing commercial lease forfeiture, assisting landlords in regaining possession of their property efficiently and legally.
Overview
Commercial lease forfeiture is typically used when a tenant fails to comply with the terms of the lease, most commonly due to non-payment of rent or other significant breaches of the lease agreement. The process involves the landlord re-entering the property and taking back possession, effectively terminating the lease agreement. UK Bailiffs provides a comprehensive forfeiture service, ensuring compliance with all legal requirements and minimizing disruption to the landlord's business operations.
When Can Lease Forfeiture Be Used?
A landlord may seek to forfeit a commercial lease in cases such as:
- Non-payment of rent: The tenant has failed to pay rent within the agreed time frame.
- Breach of covenant: The tenant has violated specific terms of the lease agreement (e.g., unauthorized alterations, illegal activities).
- Insolvency of the tenant: The tenant has entered administration or insolvency proceedings, impacting their ability to fulfil the lease obligations.
Legal Requirements
Forfeiture must be carried out in accordance with strict legal guidelines:
- Peaceable Re-entry: Forfeiture is typically executed through peaceable re-entry, meaning the landlord or their appointed agent enters the property without using force.
- Section 146 Notice: In cases of a breach other than non-payment of rent, the landlord must serve a Section 146 Notice, giving the tenant an opportunity to remedy the breach before forfeiture.
- Waiver of Right to Forfeit: If a landlord continues to accept rent payments after the breach, they may lose the right to forfeit the lease.
UK Bailiffs’ Commercial Lease Forfeiture Service
UK Bailiffs offers a streamlined and efficient commercial lease forfeiture service, tailored to meet the needs of landlords and property managers.
The process includes:
- Instruct us online - our online form takes a few minutes to complete and automatically generates all legal documentation
- Legal Assessment: Ensuring the landlord has the legal right to forfeit the lease based on the terms of the agreement and the nature of the breach.
- Serving Notice: Where required, serving a Section 146 Notice to the tenant, providing them an opportunity to remedy the breach.
- Peaceable Re-entry: Conducting the forfeiture process through peaceable re-entry, minimizing the risk of disputes or legal challenges.
- Securing the Property: Changing locks and securing the premises to prevent unauthorized re-entry by the tenant.
- Documentation: Providing detailed reports and photographic evidence of the forfeiture process for legal compliance and record-keeping.
UK Bailiffs Ltd and UK Bailiff Services Ltd are Court Certificated Enforcement Agents regulated by the Enforcement Conduct Board
An addition to your team
Consider us an extension of your own business operations
Think of us like an in-house Commercial Enforcement Department dedicated solely to safeguarding your interests.
Our team seamlessly integrates with your management structure, providing professional, discreet, and effective solutions for Commercial Rent Arrears Recovery (CRAR), lease forfeitures, and other enforcement needs.
By partnering with UK Bailiffs, you're not just hiring a service; you're adopting a strategic partner that aligns with your corporate values and objectives, ensuring that your commercial spaces are managed with the utmost legal integrity and efficiency
INSTRUCTION FORM - CRAR
Completing the form does not constitute a contract or acceptance of the instruction.
Once submitted, we will email you a copy of the Warrant for acceptance and then we will begin the process. We may also request further details as part of our due diligence procedures. If you have any questions in relation to the instructions, please email us HERE or phone 03301331818
INSTRUCTION FORM - FORFEITURE
Completing the form does not constitute a contract or acceptance of the instruction.
Once submitted, we will email you a copy of the Warrant for acceptance and then we will begin the process. We may also request further details as part of our due diligence procedures. If you have any questions in relation to the instructions, please email us
HERE
or phone
03301331818
