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1st Class Bailiffs Articles

Bailiffs view on Unauthorised Sub Letting

September 30, 2009

possession

As one of the leading Rent Recovery UK Bailiff companies. We are often asked our opinion where the landlord rents out property to Tenant “A” who without the consent of their landlord and contrary to the lease then lets the property to a sub tenant now Tenant “B”. The rent becomes due and is not paid the tenant has no goods in the property what can be done???????????

 

 

 

A/ Distrain

We can distrain on any goods no matter who they belong to at the property subject to statutory exemptions, protected goods and exclusions under DRAA  1908. However an unlawful occupations is usually treated as not excluded under the above act therefore we can distrain against Tenant “B” goods

 

B/ Forfeiture of Lease

 

Our bailiffs can go in an take possession of the property subject to the forfeiture clause contained in the lease for as breach.

 

C/ Statutory Demand

We can draw up a statutory demand under the Insolvency Act 1986 (Part of the bankruptcy procedure) and serve this upon Tenant “A” to get them to pay

 

D/ Section 6 Notice

 

We can serve a notice under Section 6 of DRAA which will force Tenant “B” to pay future and accrued rent to the superior landlord

 

E/ Issue A claim form

 

You can issue a claim in the County or High Court depending on the figures to get your money back.

 

F/ Chase the Guarantor

 

If you can not get the money by the above methods and you have a guarantor you can then pursue the guarantor

 

 

 

 

 

 

Categories: Commercial Rent Recovery — admin @ 8:40 am

Bailiffs report rise in illegal sub-lets

September 29, 2009

National Enforcement Services, one of the UK’s leading bailiff and private investigation services, is reporting a rise in the number of properties being unlawfully sub-let.

The bailiff and debt collection firm, which is based in Manchester, has seen an increase in commercial property tenants letting out a facility to another party against the conditions set out in their tenancy agreement.

A property may only be sub-let under the terms of the lease if the landlord has given express permission in writing. However many commercial tenants are flouting the agreed terms of their contract.

In a situation where a property is being sublet, the landlord becomes the head landlord and the tenant becomes a mesne tenant.

However, if the individual who is inside the premises at the time of the debt collection is not the tenant, then it is the responsibility of the landlord to evict them.

National Enforcement Services carries out a range of actions, which also include carrying out evictions as well as collection of monies owed.

Andy Coates, CEO of National Enforcement Services , said: “It is concerning that so many properties we see are not being run or operated by the tenant under the terms of the original lease.

He added, “The landlord must be aware of who is letting their premises at all times and be aware it is their responsibility to evict a tenant if that tenant is flouting the sub-letting clause of their agreements.”

Categories: Commercial Rent Recovery — NES @ 8:43 am

BAILIFFS REPORTS RISE IN PARKING TICKET AVOIDANCES FROM EVERY CORNER OF SOCIETY

September 28, 2009

 

 National Enforcement Services, one of the UK’s leading bailiff and private investigation services, is witnessing a rise in the number of people avoiding paying parking fines.

 

The firm has noticed an increase in the use of its Enforcement and Investigation services to track down owners of vehicles and their whereabouts as council’s aim to recoup the unpaid debts.

 

National Enforcement Services is also reporting that there is a growing number of people whose status in society gives them the view they are above the law and can avoid paying fines. The agency has been involved in recovering unpaid parking fines from numerous celebrities – although confidentiality clauses protect them from being ‘named and shamed’.

 

Andy Coates, CEO of National Enforcement Services, said: “There are those who feel they are above the law because of their position within society. We have found some of those can be significant culprits in not paying their parking fines, with celebrities and well-known figures cropping up in our enforcement assignments more often than would be expected as a proportion of the population.

           

National Enforcement’s Enforcement and Investigation service has seen a 65% rise in the number of gone aways in the last quarter. National Enforcement Officers are now chasing everything from overdue parking tickets to missing family members.


Andy added, “Local authorities are calling on tracing and debt collection services more and more to locate the individuals who have failed to pay their fines. Unpaid debt amounts to millions for local authorities each year. For example, one council was recently owed £30 million in unpaid fines.”           

 

Categories: Enforcement — NES @ 9:14 am

First franchise

September 25, 2009

Paul and Andy

Paul and Andy

National Enforcement Services has become the first bailiff organisation in the UK to launch a franchise operation, with the appointment of its first franchisee. Paul Redhead will join the company, operating the North East England franchise.

 

 

Paul, a former member of the armed services, took a distance learning course provided by National Enforcement Services in 2006 and decided to set up his own firm, Alpha 1 Legal Services. Shortly after setting up the company he established links with National Enforcement Services, which are based in Darlington, County Durham.

 

Paul sub-contracted to National Enforcement Services and also gained some of his own clients. After discussions with National Enforcement Services’ CEO Andy Coates, Paul decided to pilot the new franchise project.

 

This project is the first of its kind by a bailiff company in the United Kingdom. Paul has already discovered his profits have increased and the additional services he has been able to offer have secured him more clients. Paul’s clients now have access to National Enforcement Services’ web based computer system.

 

Paul can go to a property, visit a subject, and within minutes of his call he updates the computer system from his smart phone. His client can then see a photograph of the property and a report of what has happened in real time.

 

Paul said “Being part of the team as a franchisee has made such a huge difference to me. I now have access to National Enforcement Services tracing department and to the various data sources National Enforcement subscribe to. Now when out on the door step I can check information provided to me and get electronic searches done there and then without the need to re-attend”

 

Andy Coates CEO of National Enforcement Services said “ Franchising is the way forward for us I am delighted the pilot Paul and I have been working on is a success Paul is now keen to sign up for the real thing and is our first official franchisee. Our working model proves this is a success and already we are looking to expand across England and Wales.”

 

Categories: News — NES @ 2:06 pm

Bailiffs to Franchise across UK

National Enforcement Services, one of the UK’s leading providers of bailiff and private investigation operations, is to expand with a network of franchisees. The company already has a team of bailiffs operating from London, Manchester, Derby, Birmingham, Newcastle Upon Tyne, Leeds, Hull  and Liverpool.

 

The company is announcing plans to increase its workforce by inviting people to operate their own bailiff services as well as receiving full training and a host of financial benefits.

 

Franchisees will be given access to a full computer and data system to operate their business from, individual websites, a blog, as well as key contacts and the capability to generate new business.

 

It will cost an individual £20,000 to set up their bailiff company, trading under the National Enforcement Services brand. The benefits could be substantial with potential income up to £100,000 a year and the ability to earn up to 100% from any new business brought in.

 

Bailiffs for National Enforcement Services have been involved in high profile collections right across the country as well as tracing individuals for debt collection and being heavily involved in emotional family reunions.

 

Interest and demand are already quite high across a number of major cities with the potential to operate multiple franchises in London, Manchester and Birmingham.

 

The company is using the services of franchising experts How2franchise.co.uk in planning forward for the business.

 

Andy Coates, CEO of National Enforcement Services, said: “The high demand for bailiff services allows us to invite potential franchisees to come forward. One of the best things about an opportunity like this is that franchisees are able to follow National Enforcement Services’ operational, administrative and marketing methods, which have already proven to be successful. “

 

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Rod Hindmarsh, Partner of How2Franchise.co.uk, said: “This is an excellent opportunity in a niche market. We are working with National Enforcement Services because of the strength of the existing company and see a real opportunity for those with an interest in the sector to get involved. We believe a franchised bailiff service has the potential to be incredibly successful. ”

 

Categories: News — NES @ 1:57 pm