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 procedure.
A temporary moratorium on exercising CRAR may apply if the arrears in question are 'protected rent debts' under the Commercial Rent (Coronavirus) Act 2022.
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 begins.
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