Notice to be served on Tenant when Goods are Immobilised under CRAR

Warning to Tenant regarding Immobilisation of Goods under CRAR


This Warning to Tenant regarding Immobilisation of Goods under CRAR can be used in connection with the Commercial Rent Arrears Recovery 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.

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.

If an enforcement agent has entered the tenant’s premises and has fitted an immobilisation device on goods belonging to the tenant he must give the tenant an Immobilisation Warning notice. The Warning must be affixed in a prominent position on the immobilised goods.

This Warning to Tenant 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 1-3 details of the Property, Lease and Landlord need to be inserted.

In paragraph 6 the time of the immobilization must be inserted and the enforcement agent must give a telephone number for enquiries which is available 24 hours a day.

This Warning to Tenant regarding Immobilisation of Goods under CRAR is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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