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CRAR

Previously referred to as Distress for Rent, Commercial Rent Arrears Recovery (CRAR) allows Certified Enforcement Agents to recover rent arrears on your commercial property without the need for court involvement.

 

This can be a complex area of law and there are certain requirements before we can take such action, but if you are in any doubt please do drop us a line on 07875 272961 or info@optimuslegalservices.co.uk and we will do all we can to help.

Generally to be eligible for enforcement under CRAR the following statements must be true:-

  1. The property in question is completely commercial (or the residential aspect is completely separate with its own front door and subject to a separate lease)

  2. There is a written lease

  3. Rent of 7 days or more remains overdue

  4. The tenant remains in situ

  5. It is believed that the tenant has possession of goods with a higher value of the arrears

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You do need to be aware that CRAR applies only to the rent arrears, VAT (if applicable) and interest accrued in accordance with your lease.  Please do check your lease to see if CRAR is applicable and if not, please speak to Micaila Williams at Optimus Chambers for formal legal advice about changing your terms and conditions to provide you with this protection in the future.

 

The great thing about CRAR is that your rent arrears only need to be for 7 days.  This means it prevents a situation whereby your losses are already at extremely high levels before we become involved.

 

As Landlord, you are required to provide your commercial tenant with at least 7 days notice of enforcement, (we would recommend service via a PROCESS SERVER) after the rent becomes overdue.  The tenant then has 14 days to comply with the terms of the notice or goods may be seized to the value of the debt when we obtain entry and seize goods belonging to the tenant or the business if the arrears are not forthcoming.

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