COMMERCIAL TERMINATIONS & DISTRESS

Since the appointment of Kevin Richards in 1997 and the beginning of Kevin Richards, Bailiff in 2002 I have focused on serving my clients' business and personal needs. My personal growth of knowledge and skill along with my reputation as being one of the elite bailiffs in the industry has enhanced my ability to deal effectively with a wide range of bailiff issues. My office specializes in The Commercial Tenancies Act (formerly known as The Landlord and Tenant Act) and The Personal Property Securities Act.

We offer expert Bailiff services to help recover unpaid rent or breaches of other lease covenants on behalf of the landlord or property manager. Only appointed bailiffs in Ontario can do commercial terminations or distress.

There are basically two services available to the landlord:

Termination of the Tenancy - In this particular instance, an appointed, professional Bailiff will visit the premises, post the necessary notices (which we can prepare on your behalf) and change the locks. A termination does not allow the landlord to retain any of the tenants' goods and chattels. This style is merely an action to require the tenant to remove all non-fixed assets from the premises within a specified period, without damage to the premises. In some cases this remedy can be effective to recover rents. Fifteen days must expire from the date rent is due to effect a Termination unless the lease states otherwise.

Distress - A distress, or sometimes called distrain, is a visit to the premises by an appointed or licensed professional Bailiff who will either serve or post all necessary documents (which we can prepare on your behalf) and seize goods and chattels to recover all arrears plus costs incurred. Once seized by the Bailiff, inventory is taken and served upon the tenant and two sworn appraisals obtained. If arrangements are not concluded in the five (5) days after the distress between the landlord (or their agent) and the tenant, then we will hold a sale to dispose of the seized assets to realize the arrears and costs. This procedure can be effected the day after rent is due.

We will provide a full accounting, in writing, and complete payout process.

Under distress action goods, there are a number of methods available to effect the process. We would be happy to discuss these methods with you.

It should also be noted that a Landlord's right to distress takes priority status over secured parties with the exception of certain consignment agreements, lease agreements or in some conditional sales contracts. A bankruptcy is the only remedy which overturns the Landlord's position. There are other super-priorities such as unpaid PST/GST and source deductions.

In delivering my services I strive for efficiency. Kevin Richards, Bailiff can assure that all clients can deal directly with the bailiff personally involved with their file.

Our resources include an up-to-date website and we are able to be contacted via telephone 24 hours a day as well as by fax and email.

We are committed to providing an effective service to all customers by building good working relationships with their clients and achieving a high recovery ratio.

My staff is both pleasant and competent. We are dedicated to each client to ensure effective communications, personal service and a rapid response to instructions.

We are committed to continuously improving and updating our systems. We regularly review our services to provide the best ways possible to serve you, our client.

We have overall responsibility for the quality of our services. Each employee has responsibility for putting that quality into practice.

We provide value, service and refreshingly a top quality professional service for all our clients.

Kevin Richards, Bailiff works with our clients' needs, and we will continue to do so. As our clients face new issues and head in new directions, they can be certain that Kevin Richards, Bailiff will be prepared to serve them properly and efficiently.

I as President and as your Bailiff sincerely look forward to demonstrating our proficiency to you and your institution.

Sincerely,
Kevin T. Richards
KEVIN RICHARDS
Bailiff, CPPA