How to Instruct an Enforcement Agent
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24th March 2014
The landlord must authorise the enforcement agent in
writing and the authorisation must provide the following
- The date of the authorisation.
- The landlord's name and contact details.
- The name and contact details of the person authorised to
act on behalf of the landlord.
- Sufficient detail to enable the authorised person to
identify the premises in respect of which CRAR is to be exercised on
the landlord's behalf.
- The amount of rent owed by the tenant.
- The period in relation to which the rent is owed.
The authorisation must also be signed by the landlord.
What a Notice of Enforcement must contain
An enforcement agent can only exercise CRAR if the tenant has
been given notice at least seven clear days
before CRAR is exercised. The notice of enforcement must be in writing
and must contain the following information:
- The name and address of the tenant.
- The reference number or numbers.
- The date of the notice.
- Details of the court judgment or enforcement power by
virtue of which the debt is enforceable against the tenant.
- The following information about the debt:
- sufficient details of the debt to enable the tenant to
identify the debt correctly;
- the amount of the debt including any interest due as at
the date of the notice;
- the amount of any enforcement costs incurred up to the
date of the notice; and
- the possible additional costs of enforcement if the sum
outstanding should remain unpaid by the date CRAR is to be exercised.
- How and between which hours and on which days payment of
the outstanding sum may be made.
- A contact telephone number and address, and the days and
hours on which the enforcement agent may be contacted.
- The date and time by which the outstanding sum must be paid
to prevent the tenant's goods from being taken control of and sold and
the tenant incurring additional costs.
The notice of enforcement must be given by the enforcement
agent or the enforcement agent's office.
Failure to comply with either of these notice
requirements may mean that CRAR cannot be validly used.
About the Author
Lawson-West specialise in commercial, business and employment law. Our team
of dedicated commercial solicitors can help with buying or selling a business,
business law and disputes, landlord and tenant issues and commercial property.
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aspects of employment law including redundancy, compromise agreements and
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Article Published/Sorted/Amended on Scopulus 2014-07-22 09:08:26 in Legal Articles