Once our enforcement agent meets the locksmith on site the locksmith will being to gain entry to the premises. Once inside the locksmith will begin to change the locks. While the locksmith is carrying out the lock change, our Enforcement agent will begin to take an inventory of all the goods on site, this is accompanied with pictures of the premises and the goods found on site. We also include meter readings where possible and any damage or suspicious activity we may encounter while on the premises. A torts notice can also be issued upon request. Once all locks are changed and forfeiture notices are affixed to the doors and windows, our enforcement agent will then lock the premises, take some further photos and leave site. (If arrangements have been made to meet the landlord/agent/agreed persons to pass on the new keys a key delivery form will then be filled out and signed by the enforcement agent along with the recipient party receiving the new keys) the landlord will then receive a full report on the forfeiture with all relevant photos.

Yes, although you must instruct us under Commercial Rent Arrears Recovery (CRAR) first. That way we can make attempts to recover your current/ aged rent arrears. Depending on the result of CRAR you may then wish to forfeit the lease upon further outstanding rent arrears, previously defaulted arrangements, service charge arrears or abandon CRAR completely and still forfeit the lease.

There is no certain time we can give you as there are too many variables, such as, number of locks to change, issues with difficult locks and potential problems with the tenant arriving on site. Our usual time scale for successful forfeiture to give you an idea is around 2 hours.

Again, it is impossible to give an accurate cost for a locksmith because of variables i.e. number of locks, type of locks and time on site. The usual average locksmith charges are around £180.00.

Enforcement agent costs for attendance are £300.00 this includes the first hour on site and then £95.00 per hour for each additional hour. The usual locksmith charges are around £180.00, this brings the usual cost of forfeiture to approximately £575.00 net. (please note that all costs are subject to VAT at the usual rate of 20%).

The lease expires usually when the tenant has defaulted on payments and the landlord/ managing agent has exercised their right of forfeiture of lease or when the lease agreement has reached its contractual end date, with no further right of continuation to occupy the premise. Section 79 of the Tribunals, Courts & Enforcement Act 2007 (TCEA2007) covers this area in detail.

If the tenant is claiming to hold over and occupy the premise under the Landlord & Tenant Act 1954, the landlord/ managing agent may continue to use the Commercial Rent Arrears Recovery (CRAR) procedure in order to enforce and collect the rent outstanding.

CRAR cannot be used once the lease has ended, there are exceptions as detailed in section 79 of the TCEA2007, which include but not limited to:

• The lease was not terminated by way of a forfeiture.
• The rent recoverable is from the individual/ company who was the tenant at the time of the expiry of the lease.
• The individual/ company are still occupying all or part of the demise.
• A period of 6 months or longer has not been reached before the enforcement action is undertaken and the end of the lease.
• The landlord recovering after the end of the lease is lawfully permitted to recover the earlier arrears.
• If there is a new lease on the premises with the individual/ company, it must be a commercial lease.

Most lease agreements specifically detail within them when the rent should be paid. Usually the rent will become due for payment on a quarter date or if paid monthly then the first day or another specific date of each month.

If there is a 7-14 days’ grace period granted in writing after the rent due date before any enforcement action may commence, you are bound by those terms as laid out in the agreement and the grace period must be honoured. If there have been amendments made to the lease agreement and both the landlord and tenant have agreed to waive the grace period in writing, then you will be no longer bound by any grace period.

• Where there is only pure Rent outstanding and you wish to exercise your right to take control of the goods under CRAR, then NO you cannot affect forfeiture at the same time. If after the issuing of the Notice of Enforcement there has been no contact with the tenant, followed up by an enforcement agent attendance where it is found that the tenant has absconded, then yes we can abandon the CRAR process and move the matter to forfeiture if instructed.
• Where there is pure Rent, Service Charge & Insurance outstanding, then YES providing the lease agreement permits the process to take place, it can be carried out. The procedure to follow would be; take control of the goods first under CRAR for the pure rent, then forfeit the premises at a later time/date when the tenant, allowing for a peaceable re-entry into the premises and the lease becoming determined, does not occupy the premises.

The cost for the Serve and Assess option is £450.00. The cost for the ‘Same day Serve and Evict’ service is £600.00 for attendance this includes the first hour on site. £175.00 is chargeable per hour or part thereof whilst on site after the initial hour.

We will re-attend site the following day (no fee) at a continuation of the hourly rate until the travellers are gone.

We can usually attend on the same day of instruction (depending on the time of instruction) if not then next day attendance. We can attend 7 days a week, if you have an issue on a Friday don’t wait until Monday to instruct our services. Instructing us earlier can save cost along with reducing the possibility for more travellers to attend your land, causing further expensive damage, through litter and fouling.

Yes, although the police cannot assist you with removal of travellers as it is a civil matter it will create a log number for the incident, this will help our enforcement agent get police assistance if required should there be a breach of the peace.

In the very rare situation where we cannot remove the travellers (less than 5%) we would advise that the case is taken through the courts where you can seek an order for the possession of the land from the travellers/ trespassers.

Collect My Debt Limited can guide you through this process on the rare occasions it should ever be required.