Manchester Commercial Rent Arrears Recovery

Commercial Rent Arrears Recovery replaced Common Law Distress for Rent in April 2014.

CRAR is a self help remedy and as such does not require leave from the Court. 

A landlord can instruct enforcement agents (formerly known as bailiffs) to collect the rent or take control of goods.

No.  CRAR is a self help remedy and as such does not require leave from the Court. 

CRAR may only be used on commercial premises and there must be a written lease in place. (If the premises are mixed use or residential use, you will need to obtain a judgment to recover arrears)

CRAR may only be used to recover rent, interest and VAT. ( If you need to recover other charges such as insurance or service charges, we can help separately).

The rent must be at least seven days in arrears and the rent owed must be for the value of at least 7 days’ rent.

The Enforcement Agent (Bailiff) must give the tenant at least 7 days’ notice (excluding Sundays and bank holidays) that he is exercising his right to use CRAR. 

The rent must still be unpaid at the time the notice is served, as well as immediately before any goods are seized.

The notice must be served, either by post, hand, fax and electronic communications such as email. Notice will be valid for 12 months.

A Certificated agent will attend your tenants property and take control (seize) of internal and external assets.

If payment is not received then these goods can be sold at auction to recover money.

Previous regulations (Distress for Rent) provided the element of surprise. With no prior notice, the bailiff could turn up and seize your tenants goods. 

By contrast, under the new regulations of CRAR, we must give the tenant at least 7 clear days notice in writing.

We will usually send the letter out on the next working day after we have received your instruction.

Regulations state that only a Certificate Enforcement Agent may take Control of Goods.

All of our Agents are Certificated and experienced in collecting Commercial rent arrears.

Not in that quarter/ rent period..  

By exercising CRAR you are effectively agreeing continuation of lease. 

All cleared funds less fees will be paid into your nominated bank witthin 2 working days.

All fees are set by the Ministry of Justice  and are passed on to your tenant.