Commercial Rent Recovery (CRAR)
Burlington Group, part of the Marston Group along with Swift Credit Services, is an industry leader with over 30 years' knowledge and experience in recovering Commercial Rent Arrears. Our processes and procedures are fully compliant with The Taking Control of Goods Regulations 2013 and have been designed to ensure we deliver a first-class service to all our clients.
We believe firmly in traditional values such as professionalism, quality of service, value for money and personal service and understand the importance of acting promptly.
With enforcement agents located throughout England and Wales, Burlington Group can offer genuine national coverage. Our Enforcement Agents are supported by our dedicated commercial rent arrears recovery team who ensure that:
- a Notice of Enforcement is sent as soon as possible on instruction by post or email;
- an enforcement agent visit is made within 24 hours (on working days) of Notice of Enforcement expiry (seven clear days, not including Sundays and Bank holidays); and
- all cleared monies are paid to the client within 48 hours.
Frequently Asked Questions (FAQs)
- Are there any preconditions before I can use CRAR?
- Yes. To use CRAR the following conditions must be met:
- The lease must be of commercial premises only.
- CRAR is limited to the recovery of pure rent (together with interest and VAT). It does not include any sum in respect of rates, council tax, services, repairs, maintenance (even where these sums have been reserved as rent)
- The lease must be evidenced in writing and still in existence.
- Once we have instructed you, how long will it take to visit the tenant?
- Following receipt of instructions, we will serve by post or email the legally required Notice of Enforcement (seven clear days, not including Sundays and Bank holidays) then make a first attendance.
- How do you collect your fees?
- The tenant is charged the fee on the Notice of Enforcement. If full payment is received by the expiry date on the Notice, the Compliance Stage fee is deducted from the amount received and the rent arrears demanded are transferred to you within 48 hours upon receipt. If the case moves on to Enforcement Stage, the Enforcement Stage fees are collected in full from the tenant or on a pro-rata basis if a payment plan is agreed.
- What if the tenant pays me direct after you have sent the Notice of Enforcement?
- In accordance with The Taking Control of Goods (Fees) Regulations 2014, the Compliance Stage fee is the first payment deducted from any funds received from the tenant, whether the payment is to our company or to you direct. If the tenant has paid you direct, you can either transfer the fee to us or an invoice can be sent to you for the amount due. If the tenant has underpaid, the case can be moved to Enforcement Stage to recover any underpayment due.
- Do I need to tell you if the tenant pays us directly?
- We will notify you when the Notice of Enforcement expires and whilst we ask the tenant to pay us they often pay the landlord direct. Our enforcement officers will attend the property unless we hear to the contrary from you so its important that you check to prevent incurring fees which may not be able to be recovered.
- What happens if the tenant does not pay after the expiration of the enforcement notice?
- An enforcement agent will attend the tenant’s property and take control of goods which normally results in full payment.
- What if the tenant cannot pay in full when the enforcement agent takes control of the goods?
- The enforcement agent will always attempt to get full payment, however, subject to our client's consent, we will accept a payment arrangement.
- What if the tenant defaults on the payment arrangement?
- If the tenant fails to make a payment, the enforcement agent, under the controls of goods agreement, will return to the property and remove the goods for sale.
- Will you automatically remove the tenant’s goods?
- No. We will seek your authority first to prevent unnecessary costs being incurred if third party claims are made.
- Do you have to give the tenant any notice before you sell the goods?
- Yes. The tenant must be given seven clear days’ notice before the sale of the goods.