In our last blog, we covered the news that Sheriff Officers and Messengers at Arms were re-opening for arrears enforcement. The Officers are following the same phased approach as the Scottish Government's framework.

We are now in Phase 2. This means that Sheriff Officers will carry out money and goods attachments at commercial premises.

A goods attachment involves attaching and ultimately removing goods belonging to a tenant from any commercial premises occupied by them in Scotland. The goods are normally sold at auction.

A money attachment is the removal of money from any of the tenant's commercial premises in Scotland, including from 'shut and lockfast places' such as cash registers.

As tenants begin to reopen their businesses, landlords will become more confident that goods or cash are in the premises. Expect them to use money and goods attachments to take those goods and money towards arrears.

It should be remembered that prior to instructing attachments, a charge for payment must have been served on the tenant and the 14-day notice period expired.


Matt Farrell