Can a landlord evict Travellers, Trespassers or Gypsies on the same day?

NO: A landlord cannot evict travellers or unauthorised trespassers, the landlord must use the services of an Enforcement Agency. YES: We can carry out traveller, tenant and squatter evictions, using only experienced Certificated Enforcement Agents and or High Court Enforcement Agents. Before serving any notice on Travellers we conduct a risk and social needs assessment to ensure the Travellers are fit to be served. We have a 100% success rate with gypsy eviction or eviction of illegally camped Gypsies / Travellers on both Council and Private land.

Eviction of trespassers under Common Law?

A person or groups of people on land without the landowner’s permission are deemed to be trespassers.
Private landowners can still go down the court route of obtaining an order for possession, then transferring it to the High Court to obtain a writ of possession that is enforced by High Court Enforcement Agents, or they can use the ancient remedy of Common Law.

In fact, the landowner can obtain a court order and still choose to remove the trespassers under Common Law. Halsburys Laws of England (Paragraph 1400, Volume 45, and 4th Edition) state that:

“If a trespasser peaceably enters or is on land, the person who is in or entitled to possession may request him to leave, and if he refuses to leave, remove him from the land using no more force than is reasonably necessary. This right is not ousted if the person entitled to possession has succeeded in an action at law for possession but chooses not to sue out his Writ.”

How does our process work?

Once we receive your instruction, we start the process immediately. We will then service notice to the trespassers, giving them 24 hours to leave your land; if they fail to comply, our Enforcement Agents are then deployed to evict them. Traveler evictions often involve the removal of possessions and vehicles, and J.G Civil Enforcement Consultants (The Company) will organise Police assistance if we think it’s required.

Or, we can evict of the same day ?

Depending on the situation we can evict under common law on the same day.

Use of force

The landlord must first ask the trespasser to leave his land. If he refuses, the landowner can then remove the trespassers “using no more force than is reasonably necessary”. However, if the trespasser enters with force and violence, then the landowner can remove them without having previously asked them to leave.

Police involvement

The Department for Communities and Local Government (formerly The Office of the Deputy Prime Minister ODPM) (February 2004) advises that the police should always be notified of an eviction and called in to stand by to prevent a breach of the peace.
Under the Criminal Justice and Public Order Act 1994, the police can, at their discretion, tell trespassers to leave land as long as reasonable steps have been taken by or on behalf of the landowner to ask them to leave and there are two or more people intending to reside on the land. Any one of three further conditions must be met:
• if any of those persons has caused damage to the land or to property on the land; or
• used threatening, abusive or insulting words or behavior towards the occupier, a member of his family or an employee or agent of his; or
• those persons have between them six or more vehicles on the land.

How will the new CRAR legislation change my rights as a Landlord?

The Tribunals, Courts and Enforcement Act came into force in April 2014. As part of the Act, the regulations governing the law of distrait (the power to seize goods to settle unpaid rent) changed to Commercial Rent Arrears Recovery (CRAR).
CRAR has simplified the fees that can be charged by Enforcement Agents and set out a clear process of recovery that must be followed. It has also changed the definition of the monies you can recover as a Landlord and given clearer guidance on the type of goods that can be seized. Please visit our home page to download your free report on how these law changes affect you.

What is Distress for Rent or Distrait?

Distress for Rent is the ancient law which enabled a Landlord or Certificated Enforcement Agent or High Court Enforcement Agent to seize a tenant's goods in lieu of unpaid rent. This common law remedy dates back over 800 years, but has now been replaced by 'Taking Control of Goods', part of the Tribunals Courts and Enforcement Act 2007 covered by Commercial Rent Arrears Recovery (CRAR). 'Taking Control of Goods' changes your rights as a Landlord in terms of what monies you can recover and what goods can be seized. The replacement of distress for rent also sets out a clear enforcement process and the time scale of how quickly Enforcement Agent or High Court Enforcement Agent action can be taken. Please download your copy of our free guide on the home page for more details.

Do I need an Enforcement Agent or High Court Enforcement Agent to collect my rent arrears?

Yes, an Enforcement Agent or High Court Enforcement Agent must be certificated in order to seize goods for the purposes of settling commercial rent arrears. It's prudent to choose a specialist rent arrears Enforcement Agent or High Court Enforcement Agent as not all goods can be seized and certain rules apply which require experience and careful judgement. For over 15 years J.G Civil Enforcement Consultants (The Company) (The Company) have employed Certificated Enforcement Agent or High Court Enforcement Agent who specialise in the collection of commercial rent.

Who pays the Enforcement Agent or High Court Enforcement Agent costs?

In situations where unpaid rent is met through Taking Control of Goods, Enforcement Agent or High Court Enforcement Agent costs are payable by your tenant. J.G Civil Enforcement Consultants (The Company) costs are in line with the statutory fees laid down by the Government and we are responsible for collecting both your debt and our fees. Where Taking Control of Goods is not used, Enforcement Agents costs would be met by you. In these circumstances, check with J.G Civil Enforcement Consultants (The Company) what the correct course of action is so you can avoid incurring unnecessary costs.

How does the Commercial Rent Arrears process work once I have instructed J.G Civil Enforcement Consultants (The Company)?

J.G Civil Enforcement Consultants (The Company) Enforcement Officers work to a strict schedule set out by the Commercial Rent Arrears Recovery regulations detailed in the Tribunals, Courts and Enforcement Act 2007. By law, a Notice of Enforcement must be sent to your tenant giving them 7 clear days notice to pay, before any enforcement visit can take place. In circumstances where you want to keep your tenant and there is minimal chance of them absconding or removing goods prior to enforcement action, we believe it is good practice to write to your tenant to inform them that you will instruct enforcement agents unless payment is received in the next 5 days. This ensures you have done the utmost before taking the Commercial Rent Arrears to enforcement proceedings. You can download a sample letter from this website. Once the Notice of Enforcement has been served, a £75 compliance fee is added to the debt they owe. As well as the commercial rent arrears owed, this compliance fee must be paid for the debt to be considered settled. If the debt is not settled in full, there are 2 options: 1. A payment arrangement can be entered into with your tenant if you believe this is acceptable. A Controlled Goods Agreement will also need to be signed. This gives J.G Civil Enforcement Consultants (The Company)power to seize your tenants goods in order to settle the debt if the arrangement is broken. 2. Your tenant's goods can be seized removed and sold at auction if the Commercial Rent Arrears remain. Your tenant is given a certain amount of time to pay during these stages of enforcement. We will ask the tenant to settle Commercial Rent Arrears immediately and wherever possible we try to collect the full amount to cover rent and costs during our first attendance. J.G Civil Enforcement Consultants (The Company) will record a full list of any goods on site and assess the value and, if your tenant isn't able to make payment, we'll seek your advice on the removal of goods .

How long does the debt enforcement process take?

Debt enforcement for commercial rent arrears is governed strictly by the new Taking Control of Goods regulations. Once the Notice of Enforcement is sent, J.G Civil Enforcement Consultants (The Company)can visit your tenant to enforce the debt after 7 clear days (this excludes Sundays and Bank Holidays). J.G Civil Enforcement Consultants (The Company) always try and obtain payment in full on the first visit. Assuming we are successful, debt enforcement should take no longer than 10-12 days from your instruction.

Delays to Debt Enforcement ?

The debt enforcement process may be delayed by: " Times of year when there are more than one bank holiday in close proximity (i.e. Easter and Christmas) " If your tenant disputes the charges and/or the debt enforcement action " If your tenant doesn't have the funds to pay and has to enter into a payment arrangement You can help speed up the debt enforcement process up by providing as much information about your tenant as possible. If you're ready to instruct J.G Civil Enforcement Consultants (The Company) to recover rent arrears, please complete the Warrant to Control form on this website. Try and give as much detail as possible in order to help J.G Civil Enforcement Consultants (The Company) recover payment. Make sure you include accurate location information, contact details and opening times.

Changes to Debt Enforcement Regulations

The changes to the Commercial Rent Arrears Recovery (CRAR) regulations on 6th April 2014 have made debt enforcement for commercial landlords more difficult and slowed the process down. J.G Civil Enforcement Consultants (The Company) aim to make the debt enforcement process as swift and as efficient as possible. With commercial rent arrears cases, it is crucial that action is taken promptly to avoid unscrupulous behaviour by your tenant which could result in you not getting paid. The quicker the debt enforcement process is, the more likely you are to get paid in full.

Should I consider Forfeiture of Lease rather than Taking Control of Goods?

In certain situations it's worth considering forfeiture of the tenants lease as an alternative to seizing their goods. If your debtor is a problem tenant, has a poor payment history or you have a new tenant ready to move in, Forfeiture of Lease can be a quicker and more cost effective route to get a paying tenant in. Before actioning a Forfeiture of Lease, you'll need to weigh up the cost of possibly losing potential income from any rent owed by your tenant, against the stress and cost of dealing with a problem tenant. Although Forfeiture of Lease costs have to be met by you, if you already have replacement tenants lined up, it can make good economic sense to forfeit the lease and cut your losses.

How much does an Enforcement Agent or High Court Enforcement Agent charge to recover commercial rent arrears?

If you’re ready to instruct an enforcement agent to recover debt, it’s worth asking the question “How much does an Enforcement Agent or High Court Enforcement Agent charge?” To recover your commercial rent arrears by Taking Control of Goods, JG Civil Enforcement Consultant’s fees are charged in accordance with the CRAR regulations as outlined in the Tribunals, Courts and Enforcement Act 2007. These fees are:
• £75 at the compliance stage
• £235 at the Taking Control of Goods stage
• £110 at the removal of goods stage
• Plus 7.5% of all but the first £1,500 of the debt owed
However, these fees are payable by your tenant, not by you and the debt remains unpaid until both the outstanding rent and fees have been settled. If your tenant enters into a payment arrangement the £75 Compliance Fee comes out of any initial payment made by the debtor. Any further enforcement costs are then settled on a pro-rata basis with your outstanding rent and will be remitted to you once funds have cleared.

What does Taking Control of Goods mean?

Taking Control of Goods is a way of forcing your tenant to pay commercial rent arrears. Once a Notice of Enforcement has been served, your tenant has 7 clear days to settle any unpaid rent and enforcement costs. If the debt remains outstanding after this time, we can visit the premises for which rent is owed with a view to Taking Control of your tenant's Goods. After a further period of notice, these goods can then be removed and sold at auction to settle any remaining debt. Taking Control of Goods can only happen if certain criteria are met; " There is a recognisable Tenant/Landlord relationship " The amount and period of rent is certain " The rent is in arrears by 7 days or more " There is land or premises for which rent is payable " There are sufficient goods to take into control.

Do I need a court order to instruct an Enforcement Agent or High Court Enforcement Agent to act?

The Commercial Rent Arrears Recovery regulations that came into force on 6th April 2014 enable you to instruct an Enforcement Agent or High Court Enforcement Agent to take control of your tenant's goods without the need of a court order. You will need to complete a Warrant to Control form to authorise us to act on your behalf. You download the form from this website.

What debts can be enforced by an Enforcement Agent or High Court Enforcement Agent chasing Commercial Rent ?

Under the Commercial Rent Arrears Recovery rules, only "pure" rent will be able to be collected by an Enforcement Agent. Pure rent cannot include things like service charges or insurance, so the commercial rent aspect of the amount your tenant owes will need to be separated. Part of the criteria allowing the use of Commercial Rent Arrears Recovery regulations is that the amount owed should be definite. It's important to ensure that your tenant knows exactly what proportion of the amount they owe is actually commercial rent. Goods cannot be taken into control in lieu of other outstanding amounts. Collection of debts other than commercial rent J.G Civil Enforcement Consultants (The Company) can help you recover both pure commercial rent and other debts owed by your tenant. Whilst other amounts owed may not be enforceable, J.G Civil Enforcement Consultants (The Company) Debt Recovery team can help you collect other overdue amounts.

Can J.G Civil Enforcement Consultants (The Company) carry out debt collections for anyone?

Yes. J.G Civil Enforcement Consultants (The Company) offer debt collection services to all kinds of client including Commercial Landlords, Councils and Businesses.

Debt collection for Commercial Landlords

J.G Civil Enforcement Consultants (The Company) employ Enforcement Agent or High Court Enforcement Agent who provide debt collection for landlords, usually commercial rent arrears. Unpaid commercial rent is enforceable through the Taking Control of Goods regulations governing by the Tribunals, Courts and Enforcement Act 2007.

Debt collection for Councils

We also collect debt such as council tax, non-domestic rates and unpaid parking fines for local authorities. These types of debt are enforceable through Taking Control of Goods.

Debt collection for Businesses

J.G Civil Enforcement Consultants (The Company) provide debt collection for small and large businesses such as unpaid invoices and over paid wages. These debts are not enforceable, however J.G Civil Enforcement Consultants (The Company) Enforcement Agent or High Court Enforcement Agent Debt Recovery Team use a tried and tested range of communications and the threat of debt collection visits.

Can I lock my tenant out if they don't pay the rent?

Yes. Forfeiture of Lease is an effective tool we can use to evict your commercial tenant if they are in arrears. J.G Civil Enforcement Consultants (The Company) Enforcement Agents or High Court Enforcement Agent will attend the premises with a Locksmith to peaceably re-enter your property, change the locks and post the relevant notices on entrances. You cannot charge your tenant for this action; the cost will need to be met by you and any unpaid rent will have to be recovered through the courts.

Can I use an Enforcement Agent or High Court Enforcement Agent to collect unpaid rent from residential properties?

No. Even though J.G Civil Enforcement Consultants (The Company) Enforcement Agents or High Court Enforcement Agents are not authorised to recover unpaid rent owed by residential tenants. J.G Civil Enforcement Consultants (The Company) can however enforce commercial arrears and regularly recover unpaid rent for managing agents, chartered surveyors and commercial landlords.

Can Enforcement Agent or High Court Enforcement Agent break into property?

Only in certain circumstances can Enforcement Agent or High Court Enforcement Agent break into property. Enforcement Agent or High Court Enforcement Agent have no right to force their way into premises for the enforcement of unpaid Commercial Rent, even if you instructed them to. Entry must by via peaceable means through a normal route of entry i.e. an open or unlocked door. Forced entry can be used in the collection of magistrate's courts fines, but not to take control of goods for the Recovery of Commercial Rent Arrears.

Can I instruct an Enforcement Agent or High Court Enforcement Agent if my tenant is going into insolvency?

Taking Control of Goods and Forfeiture of Lease can typically be applied in circumstances where your tenant is in Receivership, L.P.A. or Liquidation, but these actions can't be used if your tenant is in Administration. However, we strongly advise that you talk to a Certificated Enforcement Agent like J.G Civil Enforcement Consultants (The Company) if you think your tenant is in financial difficulty. We will be able to advise you on the best course of action.