Property Enforcement Update
Please find below a summary of the current position in respect of the various types of property services and other commercial services that we provide in light of any current restrictions:
Commercial Rent Arrears Recovery (CRAR)
The Taking Control of Goods (Amendment) (Coronavirus) Regulations 2020 increased the minimum amount of net unpaid rent that must be outstanding before Commercial Rent Arrears Recovery (CRAR) may take place to an amount equivalent to at least 366 days’ rent. Essentially this means that now, instead of the tenant needing to owe an amount equivalent to at least 7 days rent, they must now owe an amount of rent equivalent to at least 366 days rent. This temporary legislation is currently in place until the 31st March 2021*. Please contact us to discuss alternatives to CRAR.
Commercial Forfeiture / Peaceable Re-Entry
If it is forfeiture / re-entry as a remedy for non-payment of rent, then there is currently a moratorium in place until the 31st March 2021 preventing such action*. However, these restrictions relate to forfeiture / re-entry as a remedy for non-payment of rent only, the right to forfeit for a breach of any covenant or condition in the lease (save in the case of non-payment of rent) remains an available option subject to Section 146 Notices being served.
The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021 prevent the enforcement of any residential eviction until the 31st March 2021*. Limited exceptions apply such as trespass and substantial rent arrears. Please contact us for further details.
Business as usual regardless of whether the landlord is exercising their rights under Common Law or using a Warrant / Writ of Possession.
Business as usual.
Business as usual.
Dates marked above with an (*) are subject to change / amended legislation as the Government sees fit.
If you need any advice on commercial or property related matters or to discuss our services, please contact: