Frequently Asked Questions

Frequently Asked Questions

Please find below some of the most frequently asked questions regarding some of the services we provide.

CRAR is short for Commercial Rent Arrears Recovery which replaced 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. CRAR came into force on the 6th April 2014.

A court order is not required to exercise the right to use CRAR for commercial premises however we will need to be in possession of a signed warrant of control for us to proceed.

Unfortunately, the CRAR process cannot be used s for residential properties.

Only goods belonging to the tenant on the demised premises, i.e. the property covered by the lease, may be taken into control. There is detailed guidance on goods belonging to a tenant that cannot be seized. These include items of equipment necessary for the tenant’s personal use in its employment, business, trade, profession, study or education such as computer equipment and vehicles. However, the exemption applies only where the aggregate value of the items is up to £1,350. Items valued over this threshold can be seized.

Yes. To start the process, the enforcement agent is required by law to give seven days clear notice of the intention to exercise CRAR. This notice is called a “Notice of Enforcement” The notice can be served either by post, hand, fax or email. The tenant must be in arrears of at least seven days’ rent before the notice can be served.

Our Commercial Rent Arrears Recovery service is free of charge to all clients, our fees are paid by the tenant in accordance with The Taking Control of Goods (Fees) Regulations 2014. To see a copy of the charges please click here.

Please feel free to contact us and we’ll be happy to answer any further questions you may have.

An irrevocable act by the Landlord, pursuant to a right usually expressed in the lease, to take possession of the premises upon the occurrence of certain specified events. Typically, this will be the failure by the tenant to pay rent.

Our fees are fixed and agreed with the client before attendance. Typically the service will cost around £400 plus VAT. Please contact us to find out more.

If practical we will usually attend to forfeit a lease the same day if instructed before noon Monday to Friday. If you instruct us after this time, we will attend the property within 24hours. We will attend usually early morning or late night depending on the tenants trading hours. Once entry has been gained, the locks to the outside of the building will be changed, and the appropriate notices will be displayed, we will then supply the new keys to the nominated key holder.

1. Have you considered instructing a Certificated Enforcement Agent to take control of the tenant’s goods using the CRAR process?
2. You will only be able to forfeit the lease if it has a forfeiture clause contained within it.
3. You will need to grant access to the tenant to collect any possessions from the premises.
4. If you intend to carry out CRAR, you will waive your right to forfeit the lease.

Please feel free to contact us anytime, and we’ll be happy to answer any further questions you may have.

The transfer up service is provided free of charge to all clients, however Her Majesty’s Courts and Tribunals Service (HMCTS) will charge a fee of £66 per writ endorsed.

Defendants are usually responsible for the High Court Enforcement Officers fees in accordance with The Taking Control of Goods (Fees) Regulations 2014. However where a case is unenforceable for any reason the creditor will be liable for the statutory compliance fee (formally abortive fee) of £75 plus VAT (£90).

If execution is unsuccessful then the HCEO will charge a compliance fee of £75.00 + VAT. (Formally the abortive fee). We may be able to assist in offering an alternative method of enforcement.

Once we have received your instruction to transfer up your judgment or order, we will send it to the court for processing. Each Court has different processing times based on how busy they are. It usually takes 7 to 10 working days. In some cases, we may be able to attend the court and have the writ seal on the same day.

The writ will last for 12 months from the date of issue. It can be renewed free of charge before its expiry. However, if the writ has expired the court will charge £66 to reissue it.

You should contact our tracing team for more information on tracing the defendant(s). We have access to a number of information sources to establish the possible whereabouts of defendants.

The HCEO will hold all monies for 14 days, this is a legal requirement. After 14 days monies will be paid via BACS to your chosen account.

Yes, please contact us for more information.

Please feel free to contact us and we’ll be happy to answer any further questions you may have.

Yes, under Section 42 of the County Court Act 1984 the claimant (Landlord) may ask a Judge for permission to transfer the Possession Order from the County Court to the High Court for enforcement using a High Court Enforcement Officer. Please contact us for more information.

There is a court fee of £66 payable to HMCTS for the endorsement of the writ. The cost of the enforcement is based on a number of factors such as property type, time spent on site and the number of enforcement offices needed to carry out successful enforcement. Our rates are extremely competitive, and we will be able to give you an indication of the total cost before undertaking your instruction.

Once you have completed the relevant instruction form and returned them to our office along with any relevant paperwork, we will arrange for the endorsement of the writ.
Once the writ has been sealed, we will liaise with you and the enforcement officer to arrange a suitable time and date for the enforcement to take place.
Enforcement Officers will then be dispatched to attend the property. We can arrange for a locksmith to visit to help gain entry (if necessary) and to change the locks. We will require any occupant(s) to leave and will post the relevant notices confirming our instruction and remit.
Once vacant possession is obtained we will advise our client accordingly.

Once you have obtained an order for possession and leave of the court to transfer the case to the High Court, we can arrange for the drafting and endorsement of the writ.

This can in most cases be completed within 24-48 hours. If you need to seek permission to transfer the order, this can take between 7 and 14 days depending on the court.

We can enforce writs of possession immediately, which means that we can carry out evictions within 24-48 hours (provided we have the required instructions).

Enforcement Group clients benefit from a free application and transfer up service so please contact our office for more information about this service.

Please feel free to contact us anytime, and we’ll be happy to answer any further questions you may have.

No, we are prohibited by law to offer debt purchasing services.

Yes. We have a number of systems at our disposal to locate debtors to their new address. See our debtor tracing service or contact us for more information.

A typical case will take on average from around two weeks to one month.

We need a completed instruction form along with any supporting documents you may have (please do not send original documents). We cannot undertake any service without a fully completed and signed instruction form.

Unfortunately, if the debtor is in Receivership, Liquidation or Administration then we cannot make the debtor pay. However, we can help verify that the debtor’s current situation is true. We will also inform you of any meetings for creditors etc.

We operate a no recovery, no fee service. We do not charge any fees upfront or have any hidden fees. Upon collecting a debt, we will take a percentage based on the total amount of the debt. Please see our debt collection fees page or contact us for more information page.

If you have any other questions, then please feel free to contact us, and we’ll be happy to answer any further questions you may have.