The Common Law Right of Distress was abolished on the 6th April 2014 and a new regime, CRAR, introduced by the Tribunals Courts & Enforcement Act 2007 and regulations made thereunder.
The fundamental changes are that premises must be purely commercial. Rent cannot include insurance or service charges etc. The new requirement is to give a Seven-Day Notice of Enforcement to the tenant before further action. This notice must be given by the Enforcement Agent.
Dawkins will guide you through these changes and ensure your rent is collected as efficiently and professionally as possible.
High Court Writs
Instruct a Certificated Enforcement Agent, who is under the supervision of a High Court Enforcement Officer, to execute a High Court Writ to recover money owed or Writ of Possession.
Securing against Unlawful Occupation
A similar procedure to peaceable re-entry, which is undertaken when the occupant has no security of tenure or right to be there and is effectively a trespasser.
Forfeiture by Peaceable Re-entry
Most commercial leases contain forfeiture rights involving peaceable re-entry. Dawkins Civil Enforcement Agents will attend with a locksmith, peaceably re-enter, change the locks and post notices of termination. An inventory and photographs will be provided for your records.
For other payments such as service charge/insurance etc where we cannot use CRAR and cannot enforce, we are still prepared to assist in their recovery by traditional debt collection methods.
We also undertake removal supervision on behalf of Landlords