CRAR (Commercial Rent Arrears Recovery) enables a Landlord to recover unpaid rent under a lease of commercial premises and to use the Taking Control of Goods Act procedure under Schedule 12 to recover unpaid rent for commercial premises. If you have residential premises attached to a commercial property i.e. a restaurant/shop then as long as there is a separate entrance and separate Lease for the residential side CRAR can take place on the commercial side.
CRAR only applies to the recovery of rent (and any interest and VAT) payable under the Lease and does not include for example insurance premiums or service charges.
If you are looking to instruct us under CRAR then you must have a written Lease in place for the commercial premises and the minimum amount of unpaid rent for this to be exercised is an amount equivalent to seven day’s rent. The rent must be at least 7 days overdue and must still be unpaid when the notice of enforcement is served as well as immediately before any goods are seized.
You may decide that this is not the best way forward for you as a Landlord and to consider ending the Lease and taking back possession of the premises i.e. forfeiture of lease. If you wish to look at this option please see the information below or contact us by clicking the Contact us tab at the bottom of the page.
Forfeiture of Lease
Most modern commercial leases give a Landlord the right to forfeit the lease (termination) when a tenant breaches their obligations i.e. non-payment of rent. We are happy to advise you if you need any help in determining the status of your Lease. Please be aware that if you do accept arrangements from tenants to make late payments of rent then this could be viewed as an act of waiver and you should therefore act quickly and instruct us to get your premises back.
On receipt of your instructions we will act promptly to put in place arrangements to forfeit the lease. We will attend at the premises to carry out a peaceful forfeiture and change the locks which will be done by our locksmiths who are members of the Master Locksmiths Association. Whilst at the premises we will take photographs of the goods inside and body cam footage will also be taken which will be invaluable to you if in the future there are any disputes.
Before leaving the premises we will display Notices of Forfeiture and Torts in a prominent place so as to alert anyone attending there that the premises have been repossessed.
By instructing us to perform this action on your behalf you can be assured that you are employing professional Enforcement Agents to carry out your instructions in a legal and lawful manner.
If you have squatters in your commercial premises please see separate heading Fly Traders and Squatters.Contact Us Now