Tracing people: what to do if your commercial tenant disappears
Tracing People
Disappeared tenants are a real problem for commercial landlords. Not only are you left with rent arrears and potential property damage, but you’re also left with a complex legal situation. It’s vital that you follow the right process in order to successfully reclaim your property and evict the disappeared tenants.
Assess your legal position
If the tenant has absconded while their lease is still active, the situation is a little trickier, but you can still terminate the lease and reclaim your property if you can prove that the terms of the lease agreement have been broken. This could be, for example, by late- or non-payment of rent or damage to the property. Whatever approach you take, gathering evidence is key.
Once you have gathered evidence, or if the tenant absconded at the end of their tenancy, you should:
- Try to contact the tenant, keeping records of your attempts.
- Take photographs of the property to show it has been abandoned.
- Report the tenant’s disappearance to the police and to your insurer, keeping copies of your correspondence.
Seek advice
At this point, an Enforcement Agent can help you recoup outstanding debts. This will involve discussing which is better: repossessing the property or recovering debt using CRAR. Your specific circumstances will determine the right path for you. An independent legal advisor, such as a solicitor, can also help you make this decision by assessing the legal implications of your different options.
Trace your tenants
Tracing people isn’t easy. Absconded debtors often disconnect phones and email addresses, move house or may even adopt an alias. So, if you still need to pursue disappeared tenants, it’s wise to use a tracing agency.
Tracing agents use sophisticated digital search software that trawls numerous databases to match your debtor’s details to addresses, phone numbers and emails. Agents will also identify associated persons like family members or business associates. Detailed financial information is then used to profile a debtor's ability to pay and find out where they are.
Here at Dukes, tracing services are provided as standard when you partner with us for enforcement services. However, they're also available as a stand-alone service. For more information about how we can help, contact Dukes Bailiffs today.
