Q&As

Is there any limitation period for claiming rent arrears using the CRAR procedure?

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Produced in partnership with David Sharpe of 12 King's Bench Walk Chambers
Published on LexisPSL on 03/11/2016

The following Property Disputes Q&A produced in partnership with David Sharpe of 12 King's Bench Walk Chambers provides comprehensive and up to date legal information covering:

  • Is there any limitation period for claiming rent arrears using the CRAR procedure?
  • The Commercial Rent Arrears Recovery (‘CRAR’) Procedure
  • Time constraints upon CRAR

Is there any limitation period for claiming rent arrears using the CRAR procedure?

The Commercial Rent Arrears Recovery (‘CRAR’) Procedure

Part 3 and Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) repealed the previous law of distress and replaced it with a new statutory regime that governs a landlord’s right to seize and sell goods to recover monies owed. CRAR came into force on 6th April 2014 under the Taking Control of Goods Regulations 2013, SI 2013/1894.

The change in the law arose due to the perception that distress gave landlords an unfair advantage over tenants and other unsecured

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