Lease must be in existence
Landlords in must have in their possession and supply evidence of a written lease or tenancy at will where rents are demanded from the tenant with certainty with no recent amendments to terms of payment.
Rent must be pure
Rents recoverable only include commercial rent, interest and VAT payable under a written lease. Other such charges in (service charges, insurance, etc) must be omitted from the net unpaid rent and recovered via our Ancillary Charge Recovery.
Rent must be outstanding
The pure rent must be outstanding within the clause expressed in your lease and be for a minimum period of at lease 7 days rent.
Purely commercial property
Leases must not cover a mixed use to include any form of use for residential areas of the property. Where properties may include a residential element, but are separate either physically or by way of a separate lease, you may use the CRAR process.
CRAR is exercisable once rent has become due and payable, and following a period of compliance, one of our highly experienced enforcement agents will attend the demised premises and begin the recovery process by seizing goods in accordance with the Taking Control of Goods Regulations 2013.
Landlord or their agent in instruct County.
In accordance with the Taking Control of Goods Regulations 2013, County will serve a Notice of Enforcement giving no less than 9 clear days to resolve the amount outstanding.
Should the outstanding balance not be resolved one of County’s experienced enforcement agents will attend the demised premises and legally recover the outstanding balance, seize goods, or remove goods for the purpose of sale.
Commercial rent arrears recovery Act (or CRAR) is a procedure that allows landlords of commercial properties to take the belongings of tenants or sub-tenants into their possession if there is outstanding debt from unmet rent payments. 7 days notice must be given to tenants before their possessions are removed from the property and sold to make up the debt.
Access to the property in must be done so through an open or unlocked door, and Bailiffs or High Court Enforcement Officers cannot force entry.
Once the outstanding amount has surpassed 7 days worth of rent, you can begin the commercial rent arrears recovery act process. From there, you must give the occupants 7 days notice before you start to remove any goods, but you can ask the court to shorten the notice period if you believe tenants will attempt to move out of the property within that time.
Entry to the property in can be done so with bailiffs or High Court Enforcement Officers, who can legally take possession of certain goods, making an inventory of the items taken. This must be done within 12 months of the enforcement notice being issued.
Commercial rent arrears recovery Act can help you if your tenants have missed over a week of rent payments and are refusing to pay the outstanding debt. If you have attempted to resolve the issue outside of court and no progress has been made, you can issue the occupants with a notice of enforcement.
Commercial rent arrears recovery Act allows you to seize goods belonging to the tenant and sell them to pay the debt. This stops you from falling into arrears yourself and can help resolve the situation.
You might need to access commercial rent arrears recovery Act, provided by County Enforcement if the occupants of your commercial property are refusing to pay rent or have missed rent payments. After a period of 7 days, you can issue them with a notice of enforcement, informing them you will be seizing goods from the property.
If you are a landlord in this position, get in touch with County Enforcement for more information on commercial rent arrears recovery Act.
Commercial rent arrears recovery Act can be accessed by any building owner who is leasing their property out to commercial tenants, such as for office spaces. You must also have a written lease agreement to utilise CRAR. If you are a landlord of domestic tenants, you cannot access commercial rent arrears recovery Act.
Commercial rent arrears recovery Act can not be used as a debt recovery solution if: