Commercial rent arrears recovery form

Recovering unpaid commercial rent

Commercial rent payments are critical to cashflow. Marston works quickly to help landlords to recover their money and prevent further build-up of unpaid rent. If they don’t pay, enforcement agents attend the premises to either collect payment or take control of goods where removal would see repayment of the debt using the proceeds of sale. The fees for this process are paid by the commercial tenant, meaning it is a cost-free service to landlords.

Please complete the following form and a member of our specialist team will be in touch with you. If you require help filling up the form or have any other type of judgment or particular needs for our transfer up service, please contact Andrew Solomou on 0333 320 6200 or email [email protected].

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Yes. To use CRAR the following conditions must be met:

  1. The lease must be of commercial premises only.
  2. 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)
  3. The lease must be evidenced in writing and still in existence.

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.

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.

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.

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.

An enforcement agent will attend the tenant’s property and take control of goods which normally results in full payment.

The enforcement agent will always attempt to get full payment, however, subject to our client’s consent, we will accept a 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.

No. We will seek your authority first to prevent unnecessary costs being incurred if third party claims are made.

Yes. The tenant must be given seven clear days’ notice before the sale of the goods.

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Transfer Up instruction form

This service allows you to apply for County Court Judgments to be transferred to the High Court for enforcement.

Writ of delivery instruction form

Our Enforcement Officers are well equipped and experienced in recovering all types of fixed assets whether it be a single car or fleet.

Money judgment enforcement form

We can enforce judgments obtained in the High Court and almost any judgment issued in the County Court.

Commercial forfeiture instruction form

Landlords may instruct us to take peaceful possession of their commercial property.

CRAR enforcement form

Instruct us to recover commercial rent arrears.

Trespasser removal enforcement form

We can handle the process quickly and resolutely. Our dedicated team will attend the scene on receipt of the warrant and effect eviction without delay.

Residential possession enforcement form

Instruct us for evicting residential tenants.

Process serving and tracing instruction form

We specialise in process serving throughout England and Wales. Court and legal documents are served on a same day-basis when required. We also undertake trace enquiries.

Employment Tribunal Enforcement Form

Instruct us to enforce employment tribunal awards. We can apply to the court to register the award as a Judgment.

European Enforcement Order Instruction Form

If you have a Judgment from a Country outside of the Jurisdiction of England and Wales but where the Debtor resides in England and Wales then we can assist you.

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