Rent recovery to be transformed under new rules

By Napthens

12 Feb 2014

Website

Commercial landlords must be aware of changes to the law which will transform the way they collect outstanding rent, an expert has warned.

David Bailey, commercial property litigation partner at Napthens solicitors, warns that from April 6 this year a new set of rules – Commercial Rent Arrears Recovery (CRAR) – will replace the former common law right to ‘distress’ for rent.

The process of ‘distraining’ for rent allows landlords to instruct certificated bailiffs to pursue tenants for outstanding rent, and to seize goods and remove them for sale if payment is not made within a short period. This can put a landlord ahead of other creditors.

The new law is to be introduced to address concerns by many in the industry that the system is weighted in favour of landlords. Whilst CRAR doesn’t take away a landlord’s right to seize goods for non-payment of rent, the rules are much narrower.

David has highlighted what he believes are the most important changes.

He said: “Previously the element of surprise was a big weapon in a bailiff’s armoury. Under the new rules, a minimum of seven days notice – in writing – must be given before landlords can use the new CRAR process. This is a major change, and there is a concern that debtors will simply move property that could be seized.

“It may also allow time for a tenant to begin an insolvency process, which will generally put a stop to enforcement action for non-payment of rent.

“Distraint is available not just for rent but other sums reserved as rent in a lease, e.g. the service charge and a contribution to the cost of the landlord’s insurance. However, under CRAR only ‘pure’ rent is recoverable. “This is a very important and complex area of the law, and commercial landlords must understand their responsibilities and rights in order to operate within the law.”

Enjoyed this? Read more from Napthens

Latest news

1

East Lancashire Learning Group tops national achievement rate tables Lisa O'Loughlin

East Lancashire Learning Group tops national achievement rate tables

31 Mar 2026

2

The grate comeback of Butlers Gill and Matthew Hall

The grate comeback of Butlers

31 Mar 2026

3

Retrofit contractor appoints new social value manager Angela Jones Social Value Manager

Retrofit contractor appoints new social value manager

31 Mar 2026

4

Lancashire manufacturers set for £2.5m digital leap forward Made Smarter investments

Lancashire manufacturers set for £2.5m digital leap forward

31 Mar 2026

5

Westinghouse Springfields celebrates 80 record-breaking years Sophie Lemaire Marc Chevrel Rory ONeill Craig Boothby and Robert Gofton from Westinghouse

Westinghouse Springfields celebrates 80 record-breaking years

30 Mar 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36 Outdoor Elements Logo1920x1008
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV Magazine Networking Events - SAVE THE DATES
Jan/ Feb Networking Event - Talking
Networking
14 May 2026

LBV Magazine Networking Events - SAVE THE DATES

Lancashire

08:30 - 10:30

Chamber Breakfast Networking – April
LBV Hub Networking
01 Apr 2026 - 01 Apr 2026

Chamber Breakfast Networking – April

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

RISE - a tailored 6 month leadership programme for women across the North West
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
15 Apr 2026 - 15 Apr 2026

RISE - a tailored 6 month leadership programme for women across the North West

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 15:30

The Business Network Central and East Lancashire
LBV Header (31).png.png
LBV Hub Networking
16 Apr 2026 - 16 Apr 2026

The Business Network Central and East Lancashire

Mytton Fold, Blackburn, BB6 8AB

11:30 - 14:15

Sickness Absence: key actions for your business
Logo.jpg.jpg
LBV Hub Seminars
22 Apr 2026 - 22 Feb 2026

Sickness Absence: key actions for your business

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Freelancer Meet-Up April
April Freelancer Instagram size.png.png
LBV Hub Networking
23 Apr 2026 - 23 Apr 2026

Freelancer Meet-Up April

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 00:00

Vibe Coding: "Who owns what when no one wrote the code?"
April PTC Banner.png.png
LBV Hub Networking
28 Apr 2026 - 28 Apr 2026

Vibe Coding: "Who owns what when no one wrote the code?"

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Dazzle & Decadence
Dazzle & Decadence TryBooking Header.png.png
LBV Hub Fundraisers
30 Apr 2026

Dazzle & Decadence

Ainsworth Jewellers, 57-59 Darwen St, Blackburn, BB2 2BW

18:00 - 20:00

Manufacturing for Tomorrow Club
Example.png.png
LBV Hub Seminars
30 Apr 2026 - 30 Apr 2026

Manufacturing for Tomorrow Club

University of Lancashire, Preston, PR1 2HE

09:00 - 11:30

Blackburn Beer and Gin Festival 2026
Blackburn Beer and Gin Festival 2026
LBV Hub Social
01 May 2026

Blackburn Beer and Gin Festival 2026

BB1 8NB

17:00 - 23:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin