High Court Enforcement » Commercial rent arrears recovery form
Commercial rent arrears recovery form
Yes. To use CRAR the following conditions must be met:
Following receipt of instructions, we will serve by post or email the legally required Notice of Enforcement (seven clear days, not including Sundays and Bank holidays) then make a first attendance.
The tenant is charged the fee on the Notice of Enforcement. If full payment is received by the expiry date on the Notice, the Compliance Stage fee is deducted from the amount received and the rent arrears demanded are transferred to you within 48 hours upon receipt. If the case moves on to Enforcement Stage, the Enforcement Stage fees are collected in full from the tenant or on a pro-rata basis if a payment plan is agreed.
In accordance with The Taking Control of Goods (Fees) Regulations 2014, the Compliance Stage fee is the first payment deducted from any funds received from the tenant, whether the payment is to our company or to you direct. If the tenant has paid you direct, you can either transfer the fee to us or an invoice can be sent to you for the amount due. If the tenant has underpaid, the case can be moved to Enforcement Stage to recover any underpayment due.
We will notify you when the Notice of Enforcement expires and whilst we ask the tenant to pay us they often pay the landlord direct. Our enforcement officers will attend the property unless we hear to the contrary from you so its important that you check to prevent incurring fees which may not be able to be recovered.
An enforcement agent will attend the tenant’s property and take control of goods which normally results in full payment.
The enforcement agent will always attempt to get full payment, however, subject to our client’s consent, we will accept a payment arrangement.
If the tenant fails to make a payment, the enforcement agent, under the controls of goods agreement, will return to the property and remove the goods for sale.
No. We will seek your authority first to prevent unnecessary costs being incurred if third party claims are made.
Yes. The tenant must be given seven clear days’ notice before the sale of the goods.
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