Commercial Rent Arrears Recovery
This month we have added to our Property folder a suite of documents relating to the new Commercial Rent Arrears Recovery regime (CRAR) that is effective from 6 April 2014. These documents are a valuable resource for landlords and enforcement agents exercising CRAR powers.
What is CRAR?
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.
Enforcement procedure
A landlord wishing to use CRAR must appoint an enforcement agent (otherwise known as a bailiff) to act on his behalf. The enforcement agent will then serve notice on the tenant warning him that the CRAR procedure will be used unless the tenant settles the arrears by a specified date. If the arrears are not paid by that date, the enforcement agent may enter the tenant’s property and take control of goods belonging to the tenant. Further notices need to be served once the property has been entered.
Collecting rent from sub-tenants
If there is a sub-tenant of the property, the landlord has an alternative to appointing an enforcement agent to take control of the tenant’s goods. The landlord can instead serve notice on the sub-tenant requiring the sub-tenant to pay its rent to the landlord rather than to the tenant until the tenant’s arrears are paid in full
What is CRAR?
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.
Enforcement procedure
A landlord wishing to use CRAR must appoint an enforcement agent (otherwise known as a bailiff) to act on his behalf. The enforcement agent will then serve notice on the tenant warning him that the CRAR procedure will be used unless the tenant settles the arrears by a specified date. If the arrears are not paid by that date, the enforcement agent may enter the tenant’s property and take control of goods belonging to the tenant. Further notices need to be served once the property has been entered.
Collecting rent from sub-tenants
If there is a sub-tenant of the property, the landlord has an alternative to appointing an enforcement agent to take control of the tenant’s goods. The landlord can instead serve notice on the sub-tenant requiring the sub-tenant to pay its rent to the landlord rather than to the tenant until the tenant’s arrears are paid in full
The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.