Debt Enforcement Case Study | How Persistence Recovered £1,552 After 11 Months and 4 Visits

Multi-Phase Commercial Enforcement | How It Works and Why It Matters 

Multi-phase commercial enforcement is a structured, legally governed process used to recover unpaid debts, reclaim property, or enforce court judgments against businesses. Rather than a single action, it involves sequential stages — each designed to escalate pressure whilst remaining within the boundaries of the law. For landlords, creditors, and businesses owed money, understanding how this process works is essential to recovering what is rightfully theirs. 

Shergroup has been at the forefront of enforcement across England and Wales, working with commercial clients to navigate every stage of the enforcement process — from initial instruction to final recovery. 

What Is Multi-Phase Commercial Enforcement? 

Commercial enforcement refers to the use of legal powers to compel a business or individual to comply with a court order, pay a debt, or vacate a property. Multi-phase enforcement structures this into distinct stages, allowing creditors to escalate progressively if earlier stages are unsuccessful. 

As of 2025, the most commonly used multi-phase enforcement routes in England and Wales include: 

• Commercial Rent Arrears Recovery (CRAR) 

• High Court Writ of Control 

• Forfeiture of commercial lease 

• Statutory demands and insolvency proceedings 

Each stage serves a specific legal purpose, and selecting the right combination depends on the nature of the debt, the relationship between the parties, and the assets available. 

The Role of a Commercial Enforcement Officer 

A commercial enforcement officer is a trained professional authorised to carry out enforcement actions under a court order or statutory provision. In England and Wales, High Court Enforcement Officers (HCEOs) hold powers derived from the Courts Act 2003 and the Taking Control of Goods Regulations 2013. 

Key responsibilities of a commercial enforcement officer include: 

• Attending commercial premises to take control of goods 

• Serving enforcement notices and negotiating payment arrangements 

• Applying CRAR to recover rent arrears from commercial tenants 

• Executing writs of possession or delivery 

• Reporting on assets found and liaising with creditors throughout 

Shergroup’s commercial enforcement officers are authorised and experienced across a wide range of commercial enforcement scenarios, including complex cases in specialist sectors such as aviation. 

Phase 1 | Pre-Enforcement and Notice Stage 

Before any physical enforcement takes place, the creditor must follow a prescribed notice process. Skipping or mis-executing this stage can invalidate the entire enforcement action. 

For CRAR: 

1. The landlord must be owed at least 7 days of pure rent (not service charges or other sums). 

2. A minimum of 7 clear days’ written notice must be given to the tenant before goods can be seized. 

3. The notice must comply with the format required under the Taking Control of Goods (Fees) Regulations 2014. 

For a High Court Writ of Control: 

4. A County Court judgment (CCJ) must typically exist before transfer to the High Court. 

5. The judgment must be transferred using Form N293A before a writ can be issued. 

6. A Compliance Period Notice of 7 days must be given before enforcement agents can attend. 

Phase 2 | Taking Control of Goods 

If the debt remains unpaid after the notice stage, a commercial enforcement officer may attend the debtor’s premises to take control of goods. This is the enforcement stage most people associate with bailiff action — but the process is tightly regulated. 

What happens at this stage: 

• The enforcement officer attends and identifies goods that can be seized. 

• A Controlled Goods Agreement (CGA) may be offered, allowing the debtor to retain goods whilst making payment. 

• If no agreement is reached, goods are removed for sale. 

• Enforcement fees are recoverable from the debtor under the 2014 Regulations. 

Commercial premises offer greater scope than residential properties — vehicles, machinery, stock, and equipment can all be taken into control, making this phase particularly effective in the commercial context. 

Phase 3 | Commercial Lease Forfeiture 

Where rent arrears persist, and CRAR has not recovered the full debt, commercial lease forfeiture may be the appropriate escalation. Forfeiture is a landlord’s right to bring a lease to an end where a tenant has breached its terms — most commonly by failing to pay rent. 

Important points to understand: 

• Forfeiture can be carried out by peaceable re-entry (physically changing the locks) or by court proceedings. 

• As of 2025, peaceable re-entry remains available for commercial leases — unlike residential tenancies, which require a court order. 

• The landlord must not have waived the right to forfeit by accepting rent after the breach. 

• Tenants may apply for relief from forfeiture, which courts can grant on terms. 

Shergroup’s Commercial Lease Forfeiture Service is designed to handle this process quickly and lawfully, minimising the risk of a successful tenant application for relief. 

Commercial Enforcement for Landlords | Choosing the Right Route 

Commercial enforcement for landlords requires careful sequencing. Using the wrong method at the wrong time — or in the wrong order — can jeopardise recovery. The table below summarises the primary options and when to use them: 

CRAR — Best used early, when the tenant is still in occupation and has recoverable goods. Requires at least 7 days’ rent arrears. 

Forfeiture — Appropriate where the tenancy has broken down and the landlord wishes to recover possession. Most effective for persistent non-payment. 

High Court Writ of Control — Suitable for recovering a judgment debt from any commercial debtor. Fast and powerful when the debtor has assets. 

Statutory Demand / Insolvency — Used where the debtor is solvent but uncooperative. Can trigger payment by threatening winding-up proceedings. 

Shergroup’s Commercial Rent Arrears Recovery (CRAR) service provides landlords with a clear, legally compliant route to pursuing rent arrears without needing to resort immediately to forfeiture. 

Commercial Planning Enforcement | A Separate but Related Area 

Commercial planning enforcement is a distinct area governed by planning law, specifically the Town and Country Planning Act 1990. It refers to action taken by local planning authorities (LPAs) against breaches of planning control on commercial land or premises. 

Common commercial planning enforcement situations include: 

• Unauthorised change of use (e.g., office to warehouse without consent) 

• Breach of planning conditions attached to a commercial development 

• Erection of commercial structures without the required planning permission 

• Non-compliance with enforcement notices issued by the LPA 

LPAs can issue Enforcement Notices, Stop Notices, and Breach of Condition Notices. Failure to comply can result in prosecution, injunctions, and significant financial penalties. As of 2025, the Levelling-up and Regeneration Act 2023 has made changes to enforcement notice time limits, giving LPAs greater scope to act on historic breaches. 

The High Court Enforcement Advantage 

Where a judgment debt exceeds £600, creditors can apply to transfer the enforcement of a County Court judgment to the High Court. This brings several significant advantages over County Court bailiff action: 

7. Speed — Writs of Control can be issued within 24 hours of transfer in many cases. 

8. Power — HCEOs hold broader powers than County Court bailiffs, including the ability to force entry to commercial premises in certain circumstances. 

9. Fees — Enforcement costs are recoverable from the debtor, meaning the creditor bears limited upfront expense. 

10. Transparency — Creditors receive regular updates and reporting throughout the enforcement process. 

For a full explanation of the process, Shergroup’s High Court Enforcement Guide walks through each stage in detail. 

Real-World Multi-Phase Enforcement in Action 

Effective commercial enforcement is not theoretical — it requires experienced professionals who understand how to sequence legal tools for maximum recovery. Shergroup has successfully executed complex enforcement actions across multiple sectors, including a notable case in the aviation industry. 

In that case, Shergroup’s successful aviation enforcement involved the seizure and sale of high-value aircraft assets — demonstrating that the multi-phase approach works even in highly specialised commercial environments. 

CRAR | What Landlords Need to Know in 2025 

The Commercial Rent Arrears Recovery (CRAR) regime replaced the old common law remedy of distress in 2014. As of 2025, CRAR is fully operational for commercial landlords and remains one of the most effective tools in the multi-phase commercial enforcement toolkit. 

Key points for landlords: 

• CRAR applies only to pure rent — not service charges, insurance contributions, or other sums. 

• The lease must be in writing for CRAR to apply. 

• Enforcement must be carried out by a certificated enforcement agent. 

• The minimum net unpaid rent must be equal to 7 days’ rent at the time of notice. 

For more background, Shergroup’s blog on CRAR coming back online for commercial landlords provides useful context on how the regime was affected during the pandemic period and how it operates in normal conditions. 

How Shergroup Can Help 

Shergroup offers a comprehensive suite of High Court Enforcement Solutions designed to support creditors and landlords at every phase of the enforcement process. 

Shergroup’s enforcement services include: 

• High Court Writ of Control — for recovering judgment debts against businesses 

• CRAR — for recovering rent arrears from commercial tenants 

• Commercial lease forfeiture — for landlords seeking to recover possession 

• Specialist sector enforcement — including aviation, hospitality, and retail 

Each case is assessed individually to determine the most effective sequencing of enforcement tools. Shergroup’s team of commercial enforcement officers brings both legal knowledge and practical experience to every instruction. 

Summing Up 

Multi-phase commercial enforcement is not a single action — it is a carefully sequenced legal process. Whether a landlord is pursuing rent arrears through CRAR, a creditor is executing a High Court writ, or a party is dealing with a commercial planning enforcement matter, each phase must be handled correctly for the whole process to succeed. 

Getting the sequence right — and having experienced commercial enforcement officers carry out each step — is the difference between full recovery and a failed enforcement. Shergroup has the expertise, authority, and track record to guide clients through every stage. 

Take Action Today 

If you are owed money, need to recover a commercial property, or require enforcement action against a business, speak to Shergroup today. 

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Frequently Asked Questions 

What is multi-phase commercial enforcement? 

Multi-phase commercial enforcement is a sequenced legal process used to recover debts or enforce court orders against businesses. It progresses through stages — from pre-enforcement notices to taking control of goods, lease forfeiture, and, where necessary, insolvency action — with each phase designed to escalate pressure on the debtor whilst remaining lawful. 

What powers does a commercial enforcement officer have? 

A commercial enforcement officer authorised under the Courts Act 2003 can take control of goods at commercial premises, serve enforcement notices, negotiate payment arrangements, and execute writs of control, possession, or delivery. In the commercial context, they can also apply CRAR on behalf of landlords and, in certain circumstances, force entry to business premises. 

How does commercial enforcement for landlords work? 

Commercial enforcement for landlords typically begins with CRAR — serving a 7-day notice and then seizing goods if rent arrears remain unpaid. If CRAR fails to recover the full debt, landlords may escalate to commercial lease forfeiture or pursue a County Court judgment and transfer it to the High Court for enforcement via a Writ of Control. 

What is the difference between CRAR and forfeiture? 

CRAR allows a landlord to recover rent arrears by taking control of a tenant’s goods, without ending the tenancy. Forfeiture ends the tenancy entirely and recovers possession of the premises. The two remedies can be used in sequence — CRAR first to recover arrears, forfeiture later if the tenant relationship has broken down irretrievably. 

What is commercial planning enforcement? 

Commercial planning enforcement refers to action taken by local planning authorities against breaches of planning control on commercial land or premises. This includes unauthorised change of use, breaches of planning conditions, and unlawful development. Enforcement tools include Enforcement Notices, Stop Notices, and Breach of Condition Notices under the Town and Country Planning Act 1990, as amended by the Levelling-up and Regeneration Act 2023. 

Why use High Court enforcement rather than County Court bailiffs? 

High Court Enforcement Officers hold significantly broader powers than County Court bailiffs. They can act faster, enforce against a wider range of commercial assets, and recover enforcement fees from the debtor. For commercial debts above £600, transferring a County Court judgment to the High Court is generally the more effective and efficient option.