Commercial Rent Arrear Recovery (CRAR)
Evict My Tenant Limited believes you should receive the money you’re owed on your commercial investment.
Therefore our commercial team is here to assist with recovery, by way of enforcing CRAR.
The criteria to enforce CRAR are as follows: CRAR only applies to leases of commercial premises and can only be used if the lease is in writing. It does not apply to residential premises, or where part of the premises are used for residential purposes. CRAR only applies to the rent, VAT and interest. It does not apply to other payments reserved as rent, such as service charges, insurance premiums and rates. CRAR can only be exercised by certified enforcement agents and the tenant must be given seven days’ notice of the intention to use the CRAR rules. The tenant must be at least seven days in arrears before CRAR can be used.
In addition, there is guidance about tenants’ goods that cannot be seized. Once goods have been seized, the tenant must be given an inventory of those goods by the enforcement agent, as soon as reasonably possible. The seized goods must be valued within seven days and then sold or disposed of for the best price that can reasonably be obtained.
Upon instruction, the tenant is served with an Enforcement Notice, giving them 7 clear days in which to pay the outstanding rent, together including charges under the regulations.
If the tenant ignores this notice, our instructed High Court Enforcement Officer will visit the premises to collect full payment in full from the tenant on the first visit. If they fail to make payment, the officer will take control of the tenant’s commercial goods at the property.
The Taking Control of Goods is a detailed inventory of the goods inside the building. Dependent upon the lease and type of business, this can also include car parking spaces.
If the tenant still fails to pay, upon instruction we will approve the removal of the goods.
Our CRAR team is available to take instruction today.
