Summary
Landlords with UK commercial leases can use Commercial Rent Arrears Recovery (CRAR) for RPI rent increases. Ensure the increase is properly calculated and documented. Serve a written notice of enforcement, giving at least 7 clear days. If the tenant does not pay, enforcement agents can seize goods to cover the debt. Always comply with legal requirements and consider legal advice.Full Conversation
I am landlord with a uk commercial lease with RPI rent reviews and the tenant says he cant afford the new rent can I send in bailiffs
Hi ****!
Sending in bailiffs is a serious step. Here are a few points to consider:
- Ensure the lease agreement allows for such action.
- Typically, landlords must follow specific legal procedures, including giving notice.
- It might be beneficial to negotiate with the tenant first.
Would you like more detailed guidance on the legal steps to take?
I mean for collection of outstanding new rent
Hi ****! Before sending in bailiffs, you should consider the following steps:
- Check the lease terms and ensure you have complied with any notice requirements.
- Serve a formal demand for payment.
- Consider using Commercial Rent Arrears Recovery (CRAR).
Would you like more details on the CRAR process?
yes
Hi ****! Here are the key points about Commercial Rent Arrears Recovery (CRAR):
- Eligibility: CRAR applies only to commercial leases.
- Notice: Serve a written notice of enforcement to the tenant, giving at least * clear days.
- Enforcement: If rent remains unpaid, you can instruct enforcement agents to recover goods equivalent to the debt.
Would you like more detailed information on serving the notice or the enforcement process?
Can i do that for rpi rent increase
Hi ****! Yes, you can use CRAR for an RPI rent increase. Here are the steps:
- Confirm the RPI increase is properly calculated and documented.
- Serve the written notice of enforcement, ensuring it includes the correct rent amount.
- Proceed with enforcement if the tenant doesn't pay.
Would you need more detailed information on serving the notice?
yes
Hi ****! Here’s what you need to know about serving the notice for CRAR:
- Written Notice: Serve a written notice of enforcement to the tenant. This must give at least * clear days before enforcement.
- Content: Ensure the notice includes details of the debt, your name, and the enforcement agent's details.
Would you like more information on what happens after the notice is served?
yes
After serving the written notice, if the tenant does not pay within the given period, you can proceed with enforcement. Enforcement agents can then seize goods to cover the debt. Always ensure compliance with legal requirements and consider seeking legal advice.
Would you like more details on choosing an enforcement agent or the seizure process?