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How to Instruct an Enforcement Agent

The landlord must authorise the enforcement agent in writing and the authorisation must provide the following information:

  • The date of the authorisation.
  • The landlord's name and contact details.
  • The name and contact details of the person authorised to act on behalf of the landlord.
  • Sufficient detail to enable the authorised person to identify the premises in respect of which CRAR is to be exercised on the landlord's behalf.
  • The amount of rent owed by the tenant.
  • The period in relation to which the rent is owed.

The authorisation must also be signed by the landlord.

What a Notice of Enforcement must contain

An enforcement agent can only exercise CRAR if the tenant has been given notice at least seven clear days before CRAR is exercised. The notice of enforcement must be in writing and must contain the following information:

  • The name and address of the tenant.
  • The reference number or numbers.
  • The date of the notice.
  • Details of the court judgment or enforcement power by virtue of which the debt is enforceable against the tenant.
  • The following information about the debt:
    • sufficient details of the debt to enable the tenant to identify the debt correctly;
    • the amount of the debt including any interest due as at the date of the notice;
    • the amount of any enforcement costs incurred up to the date of the notice; and
    • the possible additional costs of enforcement if the sum outstanding should remain unpaid by the date CRAR is to be exercised.
  • How and between which hours and on which days payment of the outstanding sum may be made.
  • A contact telephone number and address, and the days and hours on which the enforcement agent may be contacted.
  • The date and time by which the outstanding sum must be paid to prevent the tenant's goods from being taken control of and sold and the tenant incurring additional costs.

The notice of enforcement must be given by the enforcement agent or the enforcement agent's office.

Failure to comply with either of these notice requirements may mean that CRAR cannot be validly used.

Please call Richard Tomlinson on 0116 212 1000 for more information or advice regarding commercial property.

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