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:
Part 3 and Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) repealed the previous law of distress and replaced it with a new statutory regime that governs a landlord’s right to seize and sell goods to recover monies owed.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 creditors.
CRAR only applies to purely ‘commercial’ (ie non-residential) premises. This includes agricultural but does not apply to lettings for mixed residential/commercial purposes or of mixed premises which do not forbid residential use. CRAR applies if the residential use is unlawful under the lease/head-lease.
CRAR only applies to leases (including
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DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Landlord)2[name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office
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