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What can I do about my rent arrears?
Simply issue Bristow & Sutor an instruction to recover your rent arrears through seizing the tenant’s goods (distraint). Where you wish to re-let a property or where there are no goods to distrain or where entry for distraint is not possible, you can reclaim your property by evicting the tenant (forfeiture).
Must I go through the courts to collect my commercial rent arrears?
No. There is no need for court action in order to collect your commercial rent arrears through distraint. Bristow & Sutor certificated bailiffs can act directly for you without involving the court.
Can any bailiff or debt collector collect rent arrears for commercial premises?
No. A bailiff must be certificated in order to levy distress (to seize goods) for the collection of rent arrears. With over 100 certificated bailiffs, Bristow & Sutor has one of the largest directly employed groups of certificated bailiffs ready to carry out your instruction.
Can I trust Bristow & Sutor?
Yes. Your money and your tenants are safe in our hands. Bristow & Sutor has been collecting rent arrears since its establishment in 1977. We maintain and follow a strict code of conduct and practice, by applying statutory fees to the tenant in accordance with Distress for Rent Rules 1988 (as amended) maintaining your integrity and our professionalism. With an enviable reputation in the marketplace, we also understand that any future relationship between landlord and tenant must be protected and not jeopardised though unprofessional third party behavior.
How do I decide which is appropriate - distraint or forfeiture?
Where there are goods to which we can gain access, Distraint is usually the best option. It is effective and costs you nothing.
Distraint usually results in the tenant making payment to prevent goods being removed and sold. Although the bailiff arrives at the premises with a van, prepared to remove goods if necessary, goods need not be removed instantly and may be left on the premises under a walking possession agreement (see below), while payment is arranged, thereby maintaining the landlord/tenant relationship.
Issue Authorisation of Distraint.
"Forfeiture" is possible without court action where it is written into your lease and is possible where access is denied.
A landlord can exercise his right to regain possession of his property against the wishes of the tenant if the tenant is not meeting the terms of his lease (e.g. not paying rent). Forfeiture should be carried out where a landlord wishes to re-let a property; where there are no goods; or where entry for distraint is not possible. Locksmiths may be used to gain entry and exclude the tenant. The costs of this action are paid to us by you but are usually collectable from the tenant.
Instruct Forfeiture.
What is walking possession?
Walking possession is an agreement between the tenant and the bailiff to delay removal and allow time to pay. The goods are in the custody of the law and the bailiff allows the tenant to keep seized goods in the property until such time as all outstanding payments have been made by an agreed date (usually 5 days). If payment has not been made by said date, then the bailiff may enter the property, using force if necessary to take the goods and sell them at public auction to recoup the debt.
I don't want to close my tenant down - I just want my money. What can I do?
Instruct Bristow & Sutor with a Distraint Authorisation which usually results in the tenant making payment to prevent goods being removed and sold. Payment by the tenant is either immediate or they enter into a walking possession agreement outlining a specified payment date.
My tenant has stopped trading and left goods inside. What can I do?
If the property has been left open and bailiffs can enter peaceably, the goods can be seized and sold to recoup monies outstanding. If entry to distrain is not possible, it may still be possible to use locksmiths to gain entry and forfeit the lease. Where forfeiture does ensure, the landlord or agent does not have a claim to the goods left inside.
I'm fed up with being messed around and would prefer to get rid of my tenant than get my money. What can I do?
Instruct Bristow & Sutor to carry out forfeiture. The landlord has the right to regain possession of his property against the wishes of the tenant if the tenant is not meeting the terms of his lease, provided the lease contains a forfeiture clause.
I don't have a written tenancy agreement. Can I still instruct you?
Yes. You can still instruct us to seize goods (distrain) but not to forfeit the lease. Both leases and month-to-month agreements may be oral or written.
What is the difference between a commercial rent agreement and residential rent agreement?
A commercial rent agreement is a contract between a landlord and tenant where the tenant rents approved commercial property from the landlord in order to conduct business on that property.
Can a bailiff collect residential rent arrears?
No, not without the leave of court if the lease is Protected, Statutory or Assured.
What rights do I have as a property owner and landlord?
Tenants must carry out certain duties even though they may not be specifically written into a lease agreement. They include: the duty to pay rent within the agreed timeframe; the tenant may not abandon the premises to avoid rent; the tenant may not make changes without the property owner's consent; They must also behave reasonably, obey regulations and the law, observe health, safety and building codes.
Can a bailiff use force?
Not to gain initial access to seize goods. All bailiffs must enter a property by peaceable means. However we can force entry, usually with the help of locksmiths to remove and replace existing locks without the tenants agreement when forfeiture is instructed.
Will the bailiff seize goods?
Yes. If necessary and if requested by the landlord.
What goods can a bailiff seize?
Bailiffs can levy distress on most items of value on the premises in order to sell them to pay the outstanding rent. This means that many thirds party goods such as those on hire purchase can be seized. Certain third parties may reclaim goods but Bristow & Sutor will handle all this for you. A bailiff may not seize items such as tools, books, vehicles and other items of equipment that are necessary to the debtor for use personally by him in his employment, business or vocation, OR such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family.
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