Authorisation of Enforcement Agent to act for Landlord

When this authorisation can be used

This Authorisation of Enforcement Agent to act for Landlord can be used in connection with the Commercial Rent Arrears Recovery (CRAR) procedure, which came into force on 6 April 2014.

CRAR replaces the old remedy of distress, which allowed landlords to seize and sell property belonging to a tenant with rent arrears. The new regime is more limited in scope and sets out a prescribed enforcement procedure.

Appointing an authorised enforcement agent

To exercise the right of CRAR, a landlord must appoint an enforcement agent who is authorised under section 63 of the Tribunals, Courts and Enforcement Act 2007.

A temporary moratorium on exercising CRAR could apply where the arrears in question were 'protected rent debts' under the Commercial Rent (Coronavirus) Act 2022, but that moratorium period ended on 23 September 2022 and cannot apply to any arrears today.

What this document covers

Regulation 51 requires the landlord’s authorisation to be written and signed and to state the premises, amount, rent period and date; it does not prescribe this layout as a statutory form. Complete all required information before signature.

No paragraphs should be deleted from the document, as this may invalidate the Notice.

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