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 with rent arrears. The new regime is more limited in scope and sets out a prescribed enforcement procedure.

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

Appointing an 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. Our Enforcement Authorisation can be used to make the appointment.

Serving the Notice of Enforcement

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, meaning 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, and a Sunday, bank holiday, Good Friday or Christmas Day within that period does not count towards it.

This Enforcement Notice is in the form required by the Taking Control of Goods Regulations 2013. The details of the property, lease, landlord and tenant need to be inserted, along with the amount of money owed by the tenant. No paragraphs should be deleted, as this may invalidate the Notice.

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