Recovery of Arrears
We act for landlords in recovering arrears that are properly due under the terms of the lease and act for tenants who may dispute those sums claimed.
The starting point is to ensure that the sums the landlord claims are due are actually recoverable in accordance with the terms of the lease.
The landlord has a number of recovery options and the following will be considered:
- Forfeiture of the lease and recovery of possession.
- Use of any rent deposit.
- Pursuing sub-tenants.
- Pursuing former tenants and guarantors.
- Issuing Court proceedings for a money claim.
- Initiating an insolvency process.
- Commercial rent arrears recovery (CRAR)
Commercial Rent Arrears Recovery (CRAR)
Commercial Rent Arrears Recovery (CRAR) is a method that can be used to recover rent arrears relating to commercial property. This is relatively new legislation which came into force on 6 April 2014 and is governed by the Tribunals Courts and Enforcement Act 2007 and Taking Control of Goods Regulations 2013.
CRAR must be used for commercial property and the common law right of distress is abolished.
The new legislation sets out which leases CRAR apply to, what rent can be recovered under CRAR and provides a procedure that must be followed should a landlord choose to exercise any right under the legislation.