Notice of Enforcement of CRAR
This Notice of Enforcement of CRAR 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 who had rent arrears. The new regime is more limited in scope and sets out a prescribed enforcement procedure.
In order 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. Our Enforcement Authorisation can be used to make the appointment.
Before the enforcement agent can exercise the power to take control of the tenant’s goods the tenant must be given a Notice of Enforcement. The Notice must be given (i.e. received by the tenant) not less than 7 “clear days” beforehand. “Clear days” means complete days, not including the day on which the period begins. Note that where the period includes a Sunday, bank holiday, Good Friday or Christmas Day that day does not count in calculating the period.
This Enforcement Notice is in the form required by the Taking Control of Goods Regulations 2013. Details of the Property, Lease, Landlord and Tenant need to be inserted, as well as the amount of money owed by the Tenant. The blanks in the form should be completed with the appropriate information. No paragraphs should be deleted as this may invalidate the Notice.
Landlords and enforcement agents should note that temporary changes have been made to the CRAR regime in response to the Covid-19 pandemic. The procedure may only be used where there are at least 544 days' worth of rent arrears. These provisions apply until 25 March 2022.
This Notice of Enforcement of CRAR is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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