If you do find that you need to take action against a tenant, be it for commercial or residential property, the more you know about them, the more likely the action is to be successful.

When acting under CRAR (commercial rent arrears recovery) or enforcing a writ of control for rent arrears, giving as much information as you can to the enforcement agent will help them succeed. For example, having a photograph or description of the tenant means the agent cannot be misled by the debtor claiming to be someone else.

This is the checklist The Sheriffs Office gives to clients when instructed:

The tenant

  • Whether the address for enforcement is residential or commercial
  • If the property is a flat, whether it has an entry phone system
  • A photograph or description of the defendant
  • Contact details, especially landline and mobile numbers
  • Whether the debtor is known by any other name, for example their maiden name or a stage name
  • Any habitual behavioural patterns, such as walking the dog at a set time, taking and collecting children from school
  • If the enforcement address is the tenant’s parents’ address
  • Online details, such as a company website, social media profile, such as LinkedIn or Facebook
  • Vehicle details and registration numbers for any vehicles the debtor owns, whether they are an individual or a company

Company tenants

For companies, we also need to know:

  • Whether the company has recently changed its status, for example become incorporated or a limited liability partnership
  • Opening/operating hours

Specific to the case

There may be other details about the case that the officer will need to know, especially:

  • Copies of all paperwork of any previous orders relating to the case, for example a stay of execution
  • Details of any contact from the tenant regarding any insolvency proceedings 

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