Commercial Rent Arrears Recovery (CRAR)
We can help you recover the rent payments you’re owed, for free.
We understand the importance of maintaining cash flow through regular rent payments. When tenants fail to pay, recovering what you’re owed isn’t always easy.
Change in law
The landlord’s common law right of distress against his tenant to recover arrears of rent for commercial premises using the services of a certificated bailiff was abolished on the 6th April 2014. The regulations still gives commercial landlords a powerful summary remedy, which can be used without the need for court action.
The landlord’s common law right of distress has been replaced by new regulations called Commercial Rent Arrears Recovery (CRAR). The new regulations will however only allow a landlord to recover rent arrears and not any service charges, these will have to be recovered through the County Court and obtaining a County Court Judgment which we can transfer to the High Court to enforce. Find out more about our Judgment Enforcement services.
What you need to do
If rent owed to you is overdue you can immediately issue a Commercial Rent Arrears Recovery Authorisation to us. The easiest way to do this is to complete our online CRAR authorisation form.
Alternatively you can contact our team by phone or post:
Tel: 01792 466771 (Option 2)
Fax: 01792 455 755
Vaughan Thomas House
141 Walter Road
Our CRAR service is fast and responsive, ensuring you receive the money you’re owed quickly and efficiently.
The service is completely free (unless you instruct us to withdraw) as the tenant pays the costs of enforcement.
Our enforcement agents are fully trained in the complexities of Commercial Rent Arrears Recovery and always act in the landlord’s interests but strive to maintain the landlord-tenant relationship.
We will issue the notice of enforcement required under the regulations within 24 hours and often, depending on the timing of instruction, on the same day.
Our experience and proven success rate ensures a consistent cash flow from your commercial investments.
What we’ll do
Under the regulation we have to send the tenant an Enforcement Notice giving them 7 clear days in which to pay the outstanding rent together with our charges under the regulations.
If the tenant does not pay after this notice our Enforcement Agents will visit the tenant to Take Control of the tenant’s goods at the address where the rent is due. At all times our Enforcement Agent will aim to take payment in full from the tenant on the first visit.
Unless payment is made by cleared funds, the Enforcement Agent will Take Control of the tenant’s goods and a Controlled Goods agreement will be obtained (formerly a Walking Possession agreement). The Taking Control of Goods is a detailed inventory of the goods found within the curtilage (area) of the lease, usually inside the building. Dependent upon the lease, this can also include car parking spaces or compound storage and common areas.
If payment is still not made we will liaise with you, the landlord.
Where the tenant does not make payment, we would request the landlord’s approval to remove the goods. Where this action is required HCE Group will arrange the removal and sale. After attendance we will send you a written report of action taken or contact you by phone if we require urgent instructions.
Put your rent arrears in safe hands, instruct HCE today to recover the money you are owed.