Did you know, as a commercial landlord, you can instruct bailiffs without a Court Order or Solicitor ??

A commercial landlord has special standing in UK legislation.

They are the only people who can issue a Warrant of Control to a bailiff without the need of a Court Order and without having to instruct a solicitor.

All that is required is to instruct a certificated enforcement company like UK Bailiffs and best of all - it's usually free

Commercial Rent Arrears Recovery (CRAR) came into force on 6th April 2014 when the common law right of distress was abolished and replaced by the Tribunals Courts and Enforcement Act (TCEA) and the Taking Control of Goods Regulations (TCG).

CRAR allows the landlord to instruct an enforcement agent (bailiff) to take control of the tenants’ goods and if necessary, sell them in order to recover an equivalent value to the rent arrears. It also requires legal notices to be served on the tenant by the enforcement agent

There are rules that the landlord must follow - there needs to be a lease in place, there needs to be at least 7 days of rent outstanding and no other legal action can take place at the same time (for example, you can't forfeit the lease and issue CRAR at the same time). Other than that, the warrant is as powerful as that issued by the Courts.

There are also rules that the bailiff company must follow - they need to give a minimum of 7 days notice to the tenant, they can only enforce the warrant at the address where rent is due and only certificated enforcement agents can execute the warrant.

The tenant is charged the cost of enforcement (as allowed under legislation) and so under most circumstances, the landlord is offered the service for free.

The process is made even simpler by UK Bailiffs. All you need to do is complete an online form (CLICK HERE) , attach the lease and proof of debt, and we will take care of the rest.

If you think this can help you, more information can be found HERE