With quarter day having passed last week, any rent not paid is now in arrears and, as a landlord, you are entitled to take enforcement action to obtain payment.
So, how do you get your hands on the rent quickly and easily?
The fastest and simplest way to distrain for rent is by using a Certificated Bailiff. Under Common Law, if the tenant has not paid the rent by the due date then the landlord is entitled to take action by seizing goods to recover any rent arrears.
The landlord may however, make an arrangement for the payment of the rent thus allowing the tenant to remain in the premises and prevent the seizure of the assets. Should the tenant then default on the agreed terms, the landlord is entitled to sell the assets. This is called protective distraint.
Note – distraint for rent does not permit the enforcement officer to attend any other premises where goods belonging to the tenant may be found, the distraint only applies to the premises covered by the rent agreement.
It is normally the case that when a Bailiff seizes the goods he does so under a ‘Walking Possession Order’, allowing the tenant to continue to trade on the proviso that anything sold must be replaced, like for like, within twenty-four hours.
If the tenant fails to replace the items and fails to pay his outstanding rent, the landlord can demand two & half times the rent value from the tenant.
Another option would be to instigate a peaceful possession procedure; the landlord, agent or solicitor only need instruct a Certificated Bailiff to act on their behalf.
This is an effective method if the officer cannot levy distress due to them not being able to gain entry, if there are insufficient goods to seize or all of goods belong to third parties.
If you need a little advice or simply need some clarity on any matter relating to rent recovery please do give us a call, we’d be happy to help where we can.
