If the rent is in arrears the Landlord can seize and distrain all the goods & chattels in the property from which the rent is due.
Distress can be levied between the hours of sunrise and sunset only, whilst forfeiture may be carried out at any time, providing entry is peaceful. This will occur out of your tenants trading hours, when generally they are not on the premises.
No. Distress is a Common Law remedy going back to at least the 13th Century. The Certificated Bailiff is a fast and effective way of collecting commercial rent arrears. If you are a solicitor, commercial landlord or agent of commercial property and would like a Certificated Bailiff to collect your overdue rent arrears then we can help. Simply complete the supplied forms from our website and send through instruction to us.
JBW Certificated Bailiffs can collect unpaid Commercial Rents, unpaid Parking Fines, unpaid Council Tax, unpaid V.A.T and Income Tax and unpaid National Non-Domestic Rates.
You can use the remedy of Common Law Forfeiture to peaceably re-enter the property and change the locks. However, you will have to recover unpaid rent through the courts, i.e. you must use a certificated Bailiff.
In situations where a Tenant is filing Liquidation, Bankruptcy or Administrative Receivership – the remedies of Distress and Forfeiture can usually still be applied. For advice on this matter, please contact our office.
For Levying Distress the Bailiff charges the Statutory Levy Fees laid down by the Department of Constitutional Affairs. These are due and payable by the tenant once Distress has been levied.
In the event that distress is not levied for any reason the "reasonable costs & charges" of the visit would normally be met by the person or company instructing the Bailiff.
For forfeiture of lease the invoice will be sent to the person or company instructing the Bailiff and this will be charged at £450 plus V.A.T and locksmith costs.
To instruct us to work on your behalf, please download the appropriate form and send it back to us.
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