Notice to Tenant after Entering Premises under CRAR

This Notice to Tenant after Entering Premises under CRAR is 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 moratorium on exercising CRAR could apply where the arrears in question were 'protected rent debts' under the Commercial Rent (Coronavirus) Act 2022. That moratorium period ended on 23 September 2022, so it no longer applies to any arrears now being recovered.

When the Notice of Entering must be given

When an enforcement agent has entered the tenant's premises, the agent must give the tenant a Notice of Entering, giving information about what the enforcement agent is doing.

If the tenant is on the premises when the enforcement agent is there, the enforcement agent must give the tenant the Notice of Entering then. If the tenant is not there, the enforcement agent must leave the notice in a conspicuous place on the premises. If the enforcement agent knows that someone else is there, or that there are other occupiers, the notice left must be in a sealed envelope addressed to the tenant.

Completing this Notice of Entering

This Notice of Entering is in the form required by the Taking Control of Goods Regulations 2013. No paragraphs should be deleted, as this may invalidate the Notice.

• Paragraphs 1 to 5 need details of the Property, Lease, Landlord and Tenant, and the amount of money owed by the Tenant.
• Paragraph 7 must state whether the enforcement agent has taken control of goods belonging to the tenant.
• Paragraph 8 needs full details of the controlled goods.
• Paragraph 9 is relevant if the goods have been immobilised.
• Paragraph 10 is relevant if the goods have been removed to secure storage or for sale.
• Paragraph 12 needs the date and time by which the tenant must settle the debt to avoid the goods being sold. The minimum period before sale is 7 clear days from removing the controlled goods for sale. "Clear days" means complete days, not including the day on which the period begins.

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