The Common Law Right of Distress was abolished on the 6th April 2014 and a new regime, CRAR, introduced by the Tribunals Courts & Enforcement Act 2007 and regulations made thereunder. 

The fundamental changes are that premises must be purely commercial. Rent cannot include insurance or service charges etc. The new requirement is to give a Seven-Day Notice of  Enforcement to the tenant before further action. This notice must be given by the Enforcement Agent. 

Dawkins will guide you through these changes and ensure your rent is collected as efficiently and professionally as possible.

We have joined with a High Court authorised person to enable us to collect rents and repossess property for those that have gone down the County Court and High Court route. Any queries, please contact Jon Dawkins on 0208 661 0210. 

If you have a County Court Judgement (CCJ) or Order of Possession that is less than 6 years old and is above £600, you can transfer your case up to the authorised High Court Enforcement. This will allow us to instruct certified Enforcement Agent, who is under the supervision of a High Court Enforcement Officer, to execute the High Court Writ to recover the money owed or Writ of Possession.

If the debtor fails to settle the amount due and has goods which can be sold at auction, our Enforcement Agents will seize and then sell the debtors goods. Any additional costs involved will be added to the debt. 

The cost to transfer your case up to High Court is £78 plus a compliance fee of £75 plus VAT (£168). These fees must be paid after instruction has been submitted to us, we will email you our bank details when we receive your instruction. We will then add the £168 to the balance due to be recovered from the debtor if the enforcement is successful. If for any reason we are unable to recover the outstanding debt, please note that the fees are non-refundable. 

On receipt of your instruction, a member of the High Court Enforcement team (HCEO.com) will check the details before processing. We will then complete the relevant document and send over to you for your signature which need to be returned, we will then post the documents to the court. The court will then transfer the case up and return a High Court Writ of Control stamped. 

The first step of the recovery process is to issue a Notice of Enforcement to the debtor. This gives the debtor 7 days to contact the office to make payment or arrange a payment agreement. If the balance is not paid, then the case will be passed to an Enforcement Agent for collection. 

HCEO’s and Enforcement Agents carrying out High Court Writs under the instruction of HCEO’s have extensive powers than other debt collectors. This increases the possibility of a successful recovery. 

To proceed, please go to “instruct us” and complete the Transfer Up form by uploading a Court Order or Judgement. Please make sure you read the terms and condition and tick that you have agreed before submitting. 

HMRC have clarified the position with regards to VAT charges on Commercial Rent Arrears (CRAR). As the fees are a business service, VAT is charged at 20%. 

The fees will still be payable by the tenant; however, the VAT must be paid by the landlord as they have requested the service. We will therefore have to invoice the landlord or managing agent for the 20% VAT charge on the total amount of fees paid by the debtor. 

This VAT will be recoverable by VAT registered companies. Managing Agents should make sure that their landlords are aware of this change. This will also apply for any disbursements, such as storage and auction fees, with the tenant paying for the service and the VAT charged to the landlord. Please click on the link below for more information on the legislation.

Most commercial leases contain forfeiture rights involving peaceable re-entry. Dawkins Civil Enforcement Agents will attend with a locksmith, peaceably re-enter, change the locks and post notices of termination. An inventory and photographs will be provided for your records.

A similar procedure to peaceable re-entry, which is undertaken when the occupant has no security of tenure or right to be  there and is effectively a trespasser.

For other payments such as service charge, insurance, etc, where we cannot use CRAR and cannot enforce, we are still prepared to assist in their recovery by traditional debt collection methods.

We also undertake removal supervision on behalf of Landlords.

We are pleased to announce that we now offer post re-entry security guard services and dog handlers. Our experienced and professional security personnel are trained to handle the unique challenges and requirements associated with re-entry points, ensuring the safety and security of your premises. We provide security for High Court evictions, both for commercial and residential properties.

We have noticed the increase in cases where former tenants break back into the property. In some instances, the police may treat this as a criminal offense, such as "breaking and entering" or "criminal damage."

However, we are increasingly encountering situations where the police classify the issue as a civil matter and refuse to get involved, especially if there are no witnesses present to observe the act.

To address this issue, an enforcement agent can be accompanied by a security company to place a security officer or officers at the property, preventing any unauthorised individuals from entering.

Services Offered:

• Access Control: Managing and monitoring entry and exit points to prevent unauthorised access.
• Threat Assessment: Identifying potential security risks and implementing measures to mitigate them.
• Customer Service: Assisting and guiding visitors to ensure a positive experience while maintaining security protocols.

Benefits of Our Services:

• Trained Personnel: Our security guards are thoroughly trained and certified, equipped with the skills necessary to handle various security situations.
• Customised Solutions: We tailor our services to meet the specific needs and requirements of your facility.
• Enhanced Security: Our presence helps to deter criminal activity and enhance the overall security of your property.

If you require any further assistance regarding our security guard services or would like to discuss how we can meet your security needs, please do not hesitate to contact us. You can reach our team on 0208 661 0210 or via email at info@dawkins.co.uk.