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Rent Distraint

Solve Your Commercial Rent Arrears Problems With Our Certificated Bailiff Service.

Submit Request Click on the Icon to go straight to
the Rent Distraint Authorisation form.
FAQs

Rent Distraint

Did You know That As A Commercial Landlord You Have Unique Powers Regarding Commercial Rent Arrears?

That’s right, as a commercial landlord you do not need a Court Order to secure/seize goods. Under common law a Landlord is able to instruct a Certificated Bailiff to enter the premises by way of peaceably entry and ‘distrain’ upon goods within i.e. legal seize the goods to enforce payment.

This remedy is very fast and effective and focuses on your tenant’s obligation to pay. In the majority of cases the simple action of attending will be enough to prompt payment from your tenant; It is only on rare occasions that goods are actually removed.

Here’s How It Works
We recognise that every situation is different and use our vast experience to tailor our approach accordingly so that we recover your arrears with the minimum disruption and fuss for your tenant.

On attendance at the premises, our bailiffs will act in a professional, confidential, effective manner & act with appropriate sensitivity; Even though you are taking active steps to recover your rent arrears you may still wish to retain cordial relations with your tenant for the future.

Step 1

We will, at all times attempt to obtain full payment from the tenant on the first visit.

Unless payment is made by cleared funds, distraint will be made on goods and a walking possession agreement obtained. We will then make a detailed inventory of the goods found within the curtilage (area) of the lease, usually inside the building. Dependant upon the lease, this can also include car parking spaces or compound storage and common areas..

If payment is still not made we will liaise with you, the landlord.


Step 2

If no payment is made, the tenant may be advised that we will seek your instructions to return after 5 days to remove the goods. This allows negotiations to be entered regarding extended time to pay. This also gives the tenant the opportunity to continue trading in the premises, which may be in the best interests of all parties.


Step 3

Where the tenant does not make payment, we would request the landlord’s approval to remove the goods. Where this action is required C N Gaunt & Son will arrange the removal and sale.

After attendance we will send you a written report of action taken or contact you by telephone if we require urgent instructions.

We will account all cleared funds direct to you on a Friday by cheque or Bacs payment.

Here’s What To Do Now
C N Gaunt & Son can provide commercial rent distraint for you anywhere in England and Wales.

All you need to do to secure your rent is to complete our simple online form.

Please click on the button now to go to the form.

Submit Request

All instructions are given prompt attention and where practical, cases will be word processed within 24 hours. However, if you require an urgent visit, please feel free to contact our offices directly on 01274 391929 to make immediate arrangements.

Quote from CN Gaunt client

Your Questions Answered By Our Experts.

Please click on your question to reveal the answer.

What will it cost?

The fees are set down in the regulations on what we can charge; if you have a lease these are recoverable from the tenant.

How do you collect your fees?

If we do not recover the full amount on the first payment, our fees we will be retained from the amount recovered. Do not worry the fees are recoverable from the tenant who will be aware of the costs.

Can you break in?

Not on the first visit, we have to gain peaceable entry, once entered we can thereafter. Therefore, it is important for us to know trading times.

What if it cannot be recovered?

Should it be the case that the distraint cannot be executed, for a variety of reasons, the tenant is insolvent, bankrupt, in liquidation or the address is empty or no goods of value. A maximum fixed fee of £60.00 + Vat would be charged.

What Should I do if the defendant calls?

The most practical answer is to refer them to us, that the matter is being dealt with through the bailiff and they need to contact the Officer.

What happens if I deal direct with the tenant?

It is common for the tenant to want to sort things out, be aware of our costs in any negotiations as you may end up having to cover them! Keep our team advised of any negotiations, remember we are here to help not hinder.

How soon will things happen?

Normally within 48hrs of instruction.

How do I instruct you?

It's very simple, all you need to do is click on the Green Rent Distraint button and complete the online form.

I have a question that is not listed?

You can call any member of our team who will be able to answer your question; do not worry how silly it may be, we are here to help.
Contact Us

End

Contact Info

C.N. Gaunt & Son
12 New John Street
Westgate
Bradford BD1 2QZ
Tel: 01274 391929/721711

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About Us

C N Gaunt & Son are High Court Enforcement Officers and certificated bailiffs who have been providing recovery services to the legal profession since 1874. We offer nationwide coverage for our services which include enforcement of Court Warrants, Transfer of County Court Warrants, Commercial Rent Distraints, Commercial Rent Forfeiture, Trespass and Eviction & Process Serving.

Copyright © 2011 C.N. Gaunt & Son