Notice to Tenant after Entering Premises under CRAR
This Notice to Tenant after Entering Premises under 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
Landlords should note that temporary changes have been made to the CRAR regime in response to the Covid-19 pandemic. For a notice served between 25 March 2021 and 23 June 2021, the minimum number of days' outstanding rent required for CRAR to be exercised will be 457 days' rent and between 24 June and 30 June 2021, 554 days' rent.
When an enforcement agent has entered the tenant’s premises he 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 him 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 there is
someone else there or that there are other occupiers, the notice he leaves
must be in a sealed envelope addressed to the tenant.)
This Notice of Entering is in the form required by the Taking Control of
Goods Regulations 2013. The blanks in the form should be completed with the
appropriate information. No paragraphs should be deleted as this may
invalidate the Notice.
In paragraphs 1-5 details of the Property, Lease, Landlord and Tenant need
to be inserted, as well as the amount of money owed by the Tenant.
Paragraph 7 must state whether or not the enforcement agent has taken
control of goods belonging to the tenant.
In paragraph 8 full details of the controlled goods must be given.
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 to be completed with the date and time by which the
tenant must settle the debt to avoid his goods being sold. The minimum
period before sale is 7 clear days from removing controlled goods for sale.
“Clear days” means complete days, not including the day on which the period
This Notice to Tenant after Entering Premises under CRAR is in open format.
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