CRAR – Commercial Rent Arrears Recovery
Get your money back – FREE CRAR Commercial Rent Arrears Recovery
As a commercial landlord, even under the new bailiff regulations, you still hold a special creditors privilege that no other type of creditor has.
This is to use Certificated Bailiffs, or Certificated Enforcement Agents as we are now called, to execute warrants on your behalf for rent arrears without the need to go to a court.
This is CRAR, Commercial Rent Arrears Recovery. There are of course some rules and criteria to be met in order to do so.
We provide a quick and very simple CRAR service. If the answer to the following questions is yes then we could start the process to recover your rent today. This is usually for free as your tenant will be the one paying the costs.
- Is the property purely commercial not residential at all ?
- Is the rent more than 7 days due?
- Is there an existing written lease or a written proof of tenancy at will?
- Is the tenant still in the property with goods worth more than the value of the arrears?
- Have you not yet issued other proceedings against this tenant?
Please note we can only collect pure rent arrears, any interest due under the lease, and vat.
What happens after I return the warrant ?
Once your warrant is received the following will happen:
- One of our team contacts you within 2 hours.
- They confirm receipt of the warrant.
- Check the details.
- Plan and action the warrant.
Instructions received outside of business hours are dealt with the next business day.
- Your case is loaded onto our online management system.
- The system emails you confirmation of your instruction.
- One of the team will allocate the case to our nearest Bailiff / Enforcement Agent.
- The case manager will determine the next process and add it to the case management system.
- As actions are completed the case management system is updated.
- Our office will issue a notice of enforcement. This has the legal effect of binding the goods to stop the debtor disposing of them.
The Notice of Enforcement gives the debtor 7 clear days from receipt, not including Sundays or bank holidays, to pay in full before the Bailiff / Enforcement Agent visits to take control of the goods.
The Notice of enforcement is usually sent by first class post and email unless an arrangement has been agreed with you for personal service.
- When posted, allowing for delivery time, it will be approximately 12 days before the bailiff attends to take control of goods.
- When served personally, it will be approximately 9 days before the bailiff attends to take control of goods.
As soon as the time has expired on the Notice of Enforcement we will check with you to see if any payment has been made.
In the absence of payment we would normally attend the debtor’s premises.
Taking Control of Goods
Our Bailiff / Enforcement Agent will attend and attempt to take control of goods, or collect your arrears and our charges.
There are a number of options at this stage:
- Enter into a Controlled Goods Agreement (a payment arrangement secured on the debtors goods).
- Secure goods on the Highway (clamp a vehicle).
- Lock up goods on part of the premises (impounding high value items).
- Remove goods to storage ready for sale.
Whatever happens on site you will be kept up to date by either one of the team or our Online debt system.
Another good reason to use CRAR against your tenant is to protect both parties’ interests.
If you use us to exercise CRAR against your tenant we attend and take control of the tenant’s goods and enter into a Controlled Goods agreement.
At this point no other Certificated Bailiffs or Certificated Enforcement Agents can come in and do the same, or remove the goods until your debt is paid.
- This gives the tenant some breathing space to get their financial affairs together and pay off your debt.
- It also helps safeguard your position as you have first claim on the goods in most circumstances.
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