September 23, 2023

Most commercial rent arrears recovery leases contain a requirement for the tenant to pay their rent each month on or before the due date by equal quarterly payments. As a result, when it comes time to renew, they will find those same units available because they have six months to recover their losses and are not required to renew under the current UK Consumer Credit Act Form.

However, this is irrelevant if you are in a market where the government has made an adjustment to your year lease term from one year to three years as in this case you have three consecutive years where you can reclaim for rent arrears and also file for eviction on grounds of non-payment of rent.

Can You Recover Rent Arrears From The Tenant?

If a rent review is due to take place on or after 1 April 2013 the tenant will now be served notice of that date in accordance with the tenancy agreement. And by virtue of s.124(2) (b) of the LTA 1977, this will not be served until two quarters have passed, and so no earlier than 30 days after the day on which each quarter ends on 189 days from then.

And this applies even if it is agreed during times that may otherwise be fixed terms – examples. This date is to be disregarded where rent review takes place before 1 April 2013 and gives rise to further changes regularly rents in relation to its length and monthly payment period

What is The Commercial Landlord’s Right Of Distress?

If a commercial rent arrears recovery landlord finds that this all sounds too much, it’s worth noting that one can always make a claim for the unpaid rent at the county court, or in other words, send the tenant to jail. In addition, other costs such as service charges and insurance premiums can also be included on top of the outstanding rent. The point here is that the cost of sending someone to jail is not limited to just rental arrears!

Landlords must write a formal letter called a ‘Letter Before Action to a tenant that they want to evict if they are behind with their rent. The landlord needs to set out exactly what they want the tenant to do, eg. paying up the rent arrears, and then wait for 30 days before continuing with court action. This will not apply to sole traders, companies, and partnerships: for these types of legal cases, it may take as little as 7 days for the claim to be issued.

Shergroup enforcement agents are experts in debt recovery. By taking legal control of the goods left behind by commercial rent arrears recovery tenants (goods unclaimed in a property that has been abandoned), we become the catalyst for an outcome.

Through our process, we collect payment in full or we set up a plan that pays off an outstanding amount owed up until the time Shergroup arrives on site. In short, our agents help to recover rent arrears from commercial rent arrears recovery properties by evicting tenants who have left goods behind after vacating based on unpaid rent.

In order to take back certain goods from a commercial rent arrears recovery address, you might need to get a special license before starting. If so, please send us your details and once you’ve received this license – we will come to your address to conduct the inventory of these goods and then start deducting rent arrears accumulated before your visit.