In July, the British Property Federation (BPF) put forward its views on CRAR.
CRAR – or Commercial Rent Arrears Recovery to give it its full title – was introduced in April 2014 as part of the enactment...
Following the success of our previous webinar back in June, where we proudly partnered with Property 118, we’re pleased to announce that The Sheriffs Office will be hosting another webinar for private...
There has been a good deal in the media recently about landlord licensing, both with the announcement by David Cameron in the Queen’s Speech in May and the introduction of several schemes by local authorities.
Following on from our popular webinar on the eviction of tenants from residential property, which we ran in partnership with Property118, we are pleased to bring you the answers to the remaining questions.
High Court Enforcement Officers (HCEOs) can support residential landlords through the eviction of tenants and the recovery of rent arrears.
Whilst our eviction services are a fast, effective and successful...
The Government has announced its proposals for the new Immigration bill and there are significant ramifications for landlords letting to migrants.
These follow on the pilot scheme run in the West Midlands...
Neil Mukherjee, landlord, kindly shared with us his step by step experience of using High Court enforcement to repossess his property from tenants who had ignored a court order to move out. We were able...
On Wednesday 22nd July 2015, the Ministry of Justice announced a new consultation on court fee increases.
Civil proceedings
March 2015 saw the introduction of a court fee of 5% of the value of the claim...
The Government has recently passed new minimum energy efficiency standards (MEES) which come into force on 1st April 2016.
These will affect both landlords of both domestic and commercial privately rented...
Thank you to the 500 plus landlords and property lawyers who registered onto the webinar on 18th June.
We had more questions than there was time to answer. They broadly fall into two categories – the...
If you are a commercial landlord, property lawyer, or commercial agent, you are likely to come across CRAR and forfeiture on a regular basis.
CRAR – Commercial Rent Arrears Recovery – is a...
I know that many think we live in a world where “elf ‘n’ safety” has gone mad, but when you are removing large numbers of activists from a building, you’d be mad not to consider it!
We undertook...
A Government technical consultation on improvements to compulsory purchase processes has just closed (9th June 2015). These are proposals to make the process clearer, faster and fairer and the aim is to...
If you find that you need to recover rent arrears from a tenant, whether commercial or residential, the more you know about them, the more likely your action is to be successful.
Do your checks before...
Rapid eviction of residential tenants webinar – 17th June at 12.30pm
I would like to invite you to join us for this complimentary webinar on how you can use High Court enforcement to rapidly evict...
In his speech on the changes the Government is proposing with regards to immigration (expected to be included in the Queen’s speech next week), David Cameron has announced plans that will have a significant...
The Sheriffs Office has released a short video aimed to encourage private landlords to consider using High Court Enforcement Officers (HCEOs) when they need to remove tenants quickly to prevent further...
Your risk
So you have bought an old pub or office building and your mind is brimming with ideas of redeveloping it for residential use – a dream home for your family or extra income through letting...
On the back of the popularity in the number of downloads for the free PDF Guide to Enforcing Judgements we produced a new Guide to Evicting Tenants and Recovering Rent Arrears. This guide has been updated...
New legislation came into force on Monday 6th April 2015, and one of the changes is a new Section 8 form.
It is essential that any landlord in England using a Section 8 form must use the NEW version.
Many people threaten bankruptcy with a Statutory Demand but few rarely see it through as Robert rightly says the chances of getting what you're owed are slim to none.
Also, the average costs for a solicitor to draw up a Stat Demand are circa £400 whereas to petition for bankruptcy will see you having to find a further £2,000 or so.
We would always recommend obtaining judgment in the County Court via MCOL. This will give you 6 years to decide how best to enforce it if it is not repaid with several options at your disposal. It may also be that in the 6 years the debtors circumstances change and they need the judgment to show as satisfied on their credit rating for a mortgage, loan or finance etc.... Read More
This is not uncommon but it will often take a good few months for people to 'pop up' again.
We spend a small fortune on tracing software and our in-house trace department would usually expect to wait 3 months before somebody appeared on the systems again.
As Neil says, you can do a fair amount of research yourself especially on social media. Facebook, Linked In, Twitter and other sites will often provide decent info, which whilst may not give you an address it can be cross referenced against any tracing info and may confirm one.
We're happy to undertake a free trace for any Property 118 member.... Read More
We regularly see Judges in the County Court allow what we consider to be paltry amounts as an arrangement to settle a judgment.
I would advise your best bet is to do your research on the defendant, advising the Judge of any assets you believe they have and giving him details any financial details you have. Defendants will always try to look like a man of straw.
It is worth noting that even if a payment arrangement is agreed, if they break it the judgment becomes enforceable immediately. Accordingly, you may wish to act fast and if the remaining sums due are over £600 you could use an HCEO like us.... Read More
The government has decided to increase the 18 month period to 36 months, for both of the scenarios set out above, as the most appropriate way to provide additional support. This change gives extra time to those who are moving home in challenging circumstances to rearrange their affairs.
The 36 month time period will commence from 25 November 2015 for those who had sold a previous main residence prior to the Spending Review and Autumn Statement 2015, in order to provide additional transitional support.
I am currently purchasing a property for main residence but keeping my old property also and should complete by 31st of this month.
Does the 2nd paragraph in the SDLT summary above mean that I will have to pay the additional 3% as it is after 25 Nov 2015?... Read More
Hi Gareth, reporting should really be within 3 days of a visit but this will depend on each HCEO company their processes and staffing.
The reason 3 days is sensible is because this will allow any response from the debtor to be included in the report. You are the client, so yes, get onto them.
Unfortunately, the author (an anti-eviction solicitor) is misinformed and has not read the recent Guidance Notes issued by the Senior Master of the High Court.
I am out of the office at present but when in, shall post the details. I will also write my own article on the subject debunking his article.
What I can confirm is that they state that form N293A is perfectly legal to use in such circumstances.... Read More
10:36 AM, 20th September 2016, About 8 years ago
Many people threaten bankruptcy with a Statutory Demand but few rarely see it through as Robert rightly says the chances of getting what you're owed are slim to none.
Also, the average costs for a solicitor to draw up a Stat Demand are circa £400 whereas to petition for bankruptcy will see you having to find a further £2,000 or so.
We would always recommend obtaining judgment in the County Court via MCOL. This will give you 6 years to decide how best to enforce it if it is not repaid with several options at your disposal. It may also be that in the 6 years the debtors circumstances change and they need the judgment to show as satisfied on their credit rating for a mortgage, loan or finance etc.... Read More
11:26 AM, 2nd September 2016, About 8 years ago
Hi Jason,
Sorry to hear of your tenant woes.
For info, I wrote an article on the subject earlier in the year which should be of some help:
https://www.property118.com/disposing-of-goods-left-in-properties-after-eviction/83626/... Read More
9:33 AM, 28th April 2016, About 9 years ago
This is not uncommon but it will often take a good few months for people to 'pop up' again.
We spend a small fortune on tracing software and our in-house trace department would usually expect to wait 3 months before somebody appeared on the systems again.
As Neil says, you can do a fair amount of research yourself especially on social media. Facebook, Linked In, Twitter and other sites will often provide decent info, which whilst may not give you an address it can be cross referenced against any tracing info and may confirm one.
We're happy to undertake a free trace for any Property 118 member.... Read More
21:08 PM, 22nd April 2016, About 9 years ago
Reply to the comment left by "ashley peters" at "22/04/2016 - 21:02
... Read More
20:43 PM, 22nd April 2016, About 9 years ago
Reply to the comment left by "ashley peters" at "22/04/2016 - 20:20
... Read More
11:34 AM, 22nd April 2016, About 9 years ago
Jamie makes a good point.
I wrote an article on it last year as we found it difficult to manage expectations on such an emotive subject.
http://www.property118.com/the-challenges-of-recovering-rent-arrears-from-residential-tenants/77625/... Read More
15:20 PM, 21st April 2016, About 9 years ago
It's a tricky one I'm afraid.
We regularly see Judges in the County Court allow what we consider to be paltry amounts as an arrangement to settle a judgment.
I would advise your best bet is to do your research on the defendant, advising the Judge of any assets you believe they have and giving him details any financial details you have. Defendants will always try to look like a man of straw.
It is worth noting that even if a payment arrangement is agreed, if they break it the judgment becomes enforceable immediately. Accordingly, you may wish to act fast and if the remaining sums due are over £600 you could use an HCEO like us.... Read More
9:05 AM, 22nd March 2016, About 9 years ago
Reply to the comment left by "Luke P" at "21/03/2016 - 22:31
... Read More
16:58 PM, 18th March 2016, About 9 years ago
Get some prices on eviction first though as some agents just add fees to the charges of the actual HCEO.
As a guide we would usually charge £395 plus VAT for a standard eviction. We've heard of some charging £800 plus.... Read More
16:11 PM, 16th March 2016, About 9 years ago
Here's a question.
In the SDLT summary it states:
The government has decided to increase the 18 month period to 36 months, for both of the scenarios set out above, as the most appropriate way to provide additional support. This change gives extra time to those who are moving home in challenging circumstances to rearrange their affairs.
The 36 month time period will commence from 25 November 2015 for those who had sold a previous main residence prior to the Spending Review and Autumn Statement 2015, in order to provide additional transitional support.
I am currently purchasing a property for main residence but keeping my old property also and should complete by 31st of this month.
Does the 2nd paragraph in the SDLT summary above mean that I will have to pay the additional 3% as it is after 25 Nov 2015?... Read More
14:49 PM, 28th January 2016, About 9 years ago
Hi Gareth, reporting should really be within 3 days of a visit but this will depend on each HCEO company their processes and staffing.
The reason 3 days is sensible is because this will allow any response from the debtor to be included in the report. You are the client, so yes, get onto them.
Kind regards, David Carter... Read More
13:25 PM, 28th January 2016, About 9 years ago
Reply to the comment left by "Ann Large" at "28/01/2016 - 12:49
... Read More
19:29 PM, 19th January 2016, About 9 years ago
Reply to the comment left by "Gareth Wilson" at "19/01/2016 - 18:56
... Read More
18:38 PM, 19th January 2016, About 9 years ago
I'm surprised at this as it would seem to me they are missing out on an opportunity to recover enforcement fees in the matter.
However, despite some fancy websites there a few new small HCEO companies in the market that lack coverage and coverage.
We would of course be happy to assist if they fail to deal with the issues you have raised.
Kind regards, David... Read More
12:13 PM, 18th January 2016, About 9 years ago
Reply to the comment left by "Gareth Wilson" at "18/01/2016 - 11:27
... Read More
10:47 AM, 18th January 2016, About 9 years ago
Reply to the comment left by "Gareth Wilson" at "17/01/2016 - 16:53
... Read More
10:39 AM, 18th January 2016, About 9 years ago
Reply to the comment left by "Chris Byways" at "17/01/2016 - 14:58
... Read More
12:09 PM, 17th January 2016, About 9 years ago
Reply to the comment left by "Chris Byways" at "17/01/2016 - 11:01
... Read More
15:23 PM, 15th January 2016, About 9 years ago
Reply to the comment left by "Nearly Legal" at "07/01/2016 - 11:58
... Read More
10:36 AM, 7th January 2016, About 9 years ago
Unfortunately, the author (an anti-eviction solicitor) is misinformed and has not read the recent Guidance Notes issued by the Senior Master of the High Court.
I am out of the office at present but when in, shall post the details. I will also write my own article on the subject debunking his article.
What I can confirm is that they state that form N293A is perfectly legal to use in such circumstances.... Read More