Commercial Rent Arrears
Commercial Rent Warrant
Has your tenant failed to pay their rent?
Complete our free online form and one of our experienced and skilled negotiators will visit the premises and collect the outstanding monies.
As specialists in commercial rent recovery, Marston Group receives numerous enquiries relating to the recovery of overdue rent from problem tenants. Rent arrears cost commercial landlords and managing agents thousands of pounds each year.
Prompt action to secure outstanding payment is crucial to ensure tenants do not abscond without paying, to avoid arrears escalating and if possible to try to retain the tenant. Delays often result in a total loss of rent and potentially costly damage to the property - with subsequent further costs and possible loss of rental income whilst repairs are completed.
Marston Group is able to provide a tailored solution to suit each client's needs which will make their commercial recovery process easier.
Recovery of Rent Arrears
Under common law, Marston Group can be legally instructed just one day after the rent is due. We guarantee same day action when instructions are received before 12:00 noon. We will always act within 24 hours.
Marston Group appreciates the importance of maintaining the relationship between landlord and tenant when securing payment, and in the majority of cases, our action ensures the relationship continues long after we have visited.
Action
On receipt of instruction, an experienced enforcement agent will visit the premises to secure payment.
If payment is not secured, the tenant will be requested to enter into a 'Walking Possession' agreement, which enables the agent to list and secure all assets within the premises that could possibly be sold at a later date in order to recover the amounts due.
By entering a 'Walking Possession' agreement, the goods are held in the custody of the law and are protected from seizure by certain other creditors, who may be attempting to recover their outstanding debts from your tenant. This action helps both landlord and tenant, as the tenant can continue to trade and possibly resolve their financial difficulties.
The tenant then has the opportunity to make payment within the timescale stated by the client. This allows the distrained goods to remain on the premises and encourages an amicable solution.
However if payment is not received within the prescribed time, our enforcement agent will return to the premises with a view to removing the distrained goods. At this point, payment is often forthcoming. In the unlikely event that the tenant is still unwilling to settle the arrears, the goods are removed and sent to public auction. The outstanding arrears are deducted from the proceeds of the sale.
Less than 1% of cases proceed to auction.
(Click on the diagram below to download a Warrant of Distress form).
