header-logo header-logo

22 November 2007 / Andrew Blower , Richard Quenby
Issue: 7298 / Categories: Features , Property
printer mail-detail

Reforming recovery

Andrew Blower and Richard Quenby look at reform of commercial rent arrears recovery

The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) abolishes a landlord’s ancient right of distress against his tenant and in its place introduces a new regime for commercial rent arrears recovery (CRAR).
TCEA 2007 also brings about a partial reform of the law relating to bailiffs: only an enforcement agent certificated by a judge in accordance with TCEA 2007 may be used by a landlord to take control of goods under CRAR.
Although TCEA 2007 was passed on 19 July 2007, the provisions relating to CRAR will not come into force until the necessary enabling legislation has been introduced. It is anticipated that this will be in early 2008.

WHEN CAN CRAR BE USED?

CRAR is available only to a landlord under a written lease of commercial premises. “Lease” means any tenancy in law or equity—including a tenancy at will—but not a tenancy at sufferance. Premises will not qualify as commercial if all or any part of them is lawfully

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll