Regulations that came in to effect in April 2014 are giving landlords more power.
The new regulations mean that we are able to instruct High Court Enforcement (HCE) on our clients’ behalf without requiring court action. This only applies to commercial premises using a written lease.
Landlords are still allowed to enter premises in order to seize their property, it is only the procedure that has changed as follows:
- tenants are given seven days’ notice, this is called the compliance stage
- the HCE officer is able to take control of goods in order to secure payment
- once the officer has secured a Control of Goods Agreement, the following options are available:
- the removal of goods sufficient enough to cover the debt and HCE costs
- HCE can give the debtor a five day ‘walking possession’ which affords them a little time while carrying the threat of seizing levied assets should this payment not be received
Debtors may make a payment proposal to clear the debt and in these instances we will always seek our client’s permission before any proposals are accepted.
This is the ultimate authorisation for landlords when a tenant is in breach of the lease, such as unpaid rent. In order to take advantage of this service a landlord will need:
- a valid lease
- provisions in the lease which allow HCE to forfeit the lease
Sometimes just threatening to exercise the right of forfeiture can spur your tenant to bring their rent account up to date. Should the threat not have the desired effect then we can instruct HCE to:
- make sure the property is vacant
- arrange a locksmith to change the locks
- display the required notices on the windows/doors
- complete an inventory of goods for the property
- take pictures of the premises and any notices
Once the property is secure and the locks have been changed, a new set of keys will be given to the landlord and possession will be signed over.
We are here to help you, we can ensure you receive the rent you are owed. Contact us today on 01228 713070 to see how we can help.
Posted: September 29th, 2014