288. The rent recoverable under CRAR.

Commercial rent arrears recovery ('CRAR')1 is not exercisable except to recover rent2 that meets each of these conditions3:

  1.  

    (1)     it has become due and payable before notice of enforcement is given4;

  2.  

    (2)     it is certain, or capable of being calculated with certainty5.

The amount of any rent recoverable by CRAR is reduced by any permitted deduction6. 'Permitted deductions', against any rent, are any deduction, recoupment or set-off that the tenant