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 (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 in rent arrears. The CRAR regime is more limited in scope and sets out a prescribed enforcement procedure.

The temporary moratorium on exercising CRAR for 'protected rent debts' under the Commercial Rent (Coronavirus) Act 2022 ended on 23 September 2022 and no longer applies.

When this warning must be given

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

Completing the notice

Regulation 16(3) prescribes the warning information and requires signature by the enforcement agent; it does not prescribe this layout as a statutory form. Complete each required field, including the immobilisation date and time, failure-to-pay statement, a 24-hour telephone number and the agent’s reference.

In paragraphs 1 to 3, details of the property, lease and landlord need to be inserted.

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

Open format

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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