In addition to CRAR, commercial landlords also have the option to go through the court system and obtain a judgment, which may then be enforced by a High Court Enforcement Officer under a writ of control (known as a writ of fieri facias or fi fa prior to 6th April 2014).
While the court option will take longer than CRAR, there may be circumstances where it is the more appropriate route:
- If you wish to recover other sums of money beyond the rent, for example service charges, insurance etc
- If there is a licence in place, instead of a landlord-tenant agreement
- Where the tenant has moved their business to another location: a writ of control permits the enforcement agent to go to their new business premises to take control of (seize) goods belonging to the tenant. Under CRAR, only goods at the leased premises can be taken into control (seized
To enforce under a writ of control, you can instruct The Sheriffs Office using Form 293A.
You will also need to send the judgment and a cheque for the £66 court fee, payable to HMCTS.