Else solicitors, who also operate in the Midlands and across the UK, have outlined legislative changes to the rules surrounding rent arrears debt recovery.
Taking action over rental arrears can be both daunting and incredibly stressful.
You’re owed money, yet you to have go through an extremely difficult process to make sure that you receive it. It can seem like an excessive measure to ‘call in the heavies’ but there are times when you will need to resort to using Enforcement Agents (EAs), also known as bailiffs.
On 6 April 2014 the rules and terminology of Commercial Rent Arrears Recovery (CRAR) changed. These amendments have a significant impact upon the CRAR process. Else’s commercial debt recovery experts , have outlined these changes so you don’t get caught out by failing to operate according to the new laws.
No More ‘Meat Heads’ At The Door
The changes are an attempt to make the whole CRAR process easier to understand, to streamline the system and to bring clarity to the actions of EAs.
Bailiffs are often portrayed as being over aggressive and thuggish. The new procedures ensure that enforcement is efficient and effective without overstepping the mark.
The revised Taking Control of Goods Regulations (2013) has a number of significant amendments, including;
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Terminology has changed so bailiffs will now to be referred to as enforcement agents (EAs).
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The debtor will now be issued with a even-day warning letter before taking control of goods. It will be issued by an EA at the start of the arrears recovery process.
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EAs must inform of their intention to enter, re-enter or remain in a premises two days prior to actually doing so. Enforcement agents must also only enter by a door or other normal means of entry.
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Tools, books, telephones, computer equipment and vehicles are cannot be levied against arrears. Neither can any items that are necessary for the debtor’s continued employment or education. Any goods being possessed must be located on a part of the premises for which rent is paid.
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There are some changes affecting the sale of goods too. Debtors are to be given seven days notice before any sale takes place, except when this period of time would diminish the value of the goods. The sale must also take place in a public auction house, an online auction site or at the premises itself, where they are occupied for commercial purposes.
Still A Bite Behind The Bark For Landlords
Although much of the new legislation is focused on the rights of the debtors (tenants), Else’s debt recovery solicitors in Burton on Trent have considerable expertise in reclaiming rental arrears. They will still be able to manage the situation to a successful conclusion.
The new rules empower us to act swiftly to resolve problems with rental arrears on your behalf. If a debtor is found to breach the new rules they can face prison time, fines or both.
The new CRAR legislation is a clear, fair, and tremendously effective formal process . It’s not about threats and bullying but there are real consequences for those who fail to pay rental debts to commercial landlords.
Should you find yourself in a situation where you need to recover a debt, you can be confident that Else Solicitors will support you through every stage of the process.