FAQs on instructing a bailiff to recover commercial rent arrears

What does CRAR stand for?

CRAR stands for Commercial Rent Arrears Recovery; this is a statutory procedure which allows landlords of commercial premises to instruct bailiffs to quickly recover rent arrears on their behalf.

Do I need to go to court?

No, you don’t. CRAR is a court-free process!

Can I use the county court’s bailiffs to recover my rent arrears?

No, you cannot. The County Court’s bailiffs only deal with court judgements such as Possession Orders for evictions and County Court Judgements for debt recovery.

What are the requirements for instructing a bailiff to recover my rent arrears?

• You must have a current lease in place.
• The tenancy must be purely commercial.
• There must be over seven days rent outstanding.

How long does the process take?

• If the Notice of Enforcement is sent by post, it will usually be 14 days before the enforcement agent attends the property to take control of goods.
• If the Notice of Enforcement is served in person, it will usually be 9 days before the bailiff attends the property to take control of goods.

What is a Notice of Enforcement?

This is the formal document which gives your tenant seven clear days to pay the rent arrears owed. If they do not pay within this time period, a bailiff will be instructed to attend the property to recover the money.

What happens if they pay after the Notice of Enforcement expires?

If they pay after we have issued the Notice of Enforcement, then we cannot enforce anything because there will no longer be over seven day’s rent outstanding.

What happens if my tenant does not want to pay the bailiff?

If your tenant cannot or does not want to pay the bailiff, there are five options available at this stage:

1. Enter into a Controlled Goods Agreement (a payment arrangement secured on the debtor’s goods).
2. Secure goods on the Highway (clamp a vehicle).
3. Lock up goods on part of the premises.
4. Remove goods to storage ready for sale (extra charges apply).
5. As a last resort, goods may be sold at public auction.

My tenant cannot pay and has no valuable goods on the premises

If you believe that your tenant cannot or will not pay, and you are certain that they have no valuable goods to sell at auction, we strongly recommend that you consider forfeiting the lease instead.

For more information on our forfeiture services, click here.

Can I send the bailiffs to their home address?

No, you cannot. Our bailiffs can only enforce on the premises stated in the lease.

Can I instruct a bailiff to forfeit the lease, then collect rent arrears?

No, you cannot. This is because for CRAR, there must be a current lease in place. Therefore, if you forfeit that lease, you waive your right to recover the rent arrears.

Can I instruct a bailiff to recover the rent arrears, then forfeit the lease?

No, you cannot. If you wish to forfeit the lease, it is crucial that you don’t do anything to waiver this right.

By instructing a bailiff to recover commercial rent arrears, you are suggesting that the lease will continue so long as rent is paid, therefore you waive the right to forfeit the lease. This means if you instruct a bailiff for CRAR, you will have to wait until the following month when rent is due plus the period stated in the lease’s forfeiture clause until you can instruct a bailiff for forfeiture. 

Can the bailiff recover more than the rent arrears?

No, they cannot. Our bailiffs can only recover pure rent – this does not include service charges for gas and electricity. To recover this, you will need to go to your local County Court.

My tenant lives in a pub; can you enforce it?

No, they cannot. In order for a bailiff to enforce for CRAR, the tenancy must be purely commercial. A pub is both commercial and residential, therefore we could not enforce it.

For this, you would have to go to your local County Court.

I’m trying to submit the online form, but it keeps saying ‘error’.

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