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
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.
From 29 September 2020, a Notice of Enforcement may only be served
where there are at least 276 days’ worth of rent arrears. From 25
December 2020, 366 days’ rent arrears are required. These provisions
apply until 31 March 2021.
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
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