Phoenix is recognised as the leading collector of commercial rent arrears on behalf of local authorities and commercial landlords across England and Wales.
The common law method of collecting and enforcing unpaid Commercial Rent changed considerably with the introduction of the provisions of the Tribunals, Courts and Enforcement Act 2007 and its supporting regulations in April 2014.
The primary change introduced by the regulations was the introduction of a statutory “Compliance Period”. This is where the Enforcement Agent should give advance notice of at least seven clear days prior to attending the property and attempting to collect the arrears, unless otherwise authorised by a Court. This period commences with the sending of a statutory “Notice of Enforcement” and it allows the Enforcement Agent to attempt to engage with the tenant and obtain payment without the necessity of an enforcement visit.
Instructing UsYou can instruct us to commence immediate recovery action by completing the form included with our CRAR Factsheet. Click the link below to download a copy.
What happens next?
If our client is concerned and instructs us to act urgently we will arrange to give the Notice of Enforcement by facsimile or email or by hand in compliance with Regulation 8 of the Taking Control of Goods Regulations 2013.
If the tenant does not engage with us following service of the Notice of Enforcement we carry out several propensity to pay checks and pre-enforcement enquiries. We have seen a significant reduction in the number of cases requiring a visit by proactively managing all cases during the compliance period.
If no positive engagement or payment is possible during the compliance period the case will be passed to a local Enforcement Agent who specialises in Commercial Rent Arrears Recovery. The Agent will visit the property with a view to seeking payment in full and any offers to clear the arrears over a short period of time will be reviewed and discussed with the landlord.
If a payment arrangement is agreed we will Take Control of Goods belonging to the debtor at the relevant premises or highway, completing all the statutory forms, and uploading to our system immediately where our client can view them through ClientWeb.
Our agents are equipped with the latest technology such as Body Worn Video, iPad real time updating and the agent and their vehicle can be tracked through GPS at all times.
If payment or an acceptable arrangement cannot be agreed the agent will seek to remove goods immediately from the premises, keeping the landlord updated at all times.
If goods are removed the Agent will complete all the statutory forms, providing copies to the tenant, and the forms will be immediately uploaded via the iPad and available to view on ClientWeb online access.
We will supervise the removal process and goods taken control of will be removed to a local storage facility.
If the tenant does not clear the outstanding amount in the statutory timescale, we will proceed with the sale of the goods and a Notice of Sale will be issued to the tenant.