header-logo header-logo

13 August 2013
Issue: 7573 / Categories: Legal News
printer mail-detail

Self-help remedy for landlords

New procedure for recovery of commercial rent

A new procedure for the recovery of commercial rent is due to come into force next April.

The commercial rent arrears recovery procedure (CRAR) is a “self-help remedy” for landlords, under which they can hire an enforcement agent (formerly a bailiff) to seize goods at the premises or collect the arrears. At least seven days of rent must be outstanding, under current proposals. 

It can only be exercised on purely commercial premises, and only applies to pure rent arrears not service charge or other payments. The details of the new procedure are set out in the Taking Control of Goods Regulations 2013 (SI 2013/1894).

CRAR will replace distress, which allows a landlord to seize and hold goods found at the property until rent is paid.

However, in a LexisNexis Current Awareness article, property solicitor Lisa Faulkner said many commercial landlords saw CRAR as “a watered down version of distress” which would “inevitably make the recovery of arrears more difficult”.

Issue: 7573 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll