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

Airframe Designs to play key role in world water speed record attempt ames Hodgkiss Jerrod Hartley And Chris Fleet Of Airframe Designs In The Longbow Workshop

Airframe Designs to play key role in world water speed record attempt

27 Nov 2025

2

Lancashire businesses react to Autumn Budget announcement Roger Philips

Lancashire businesses react to Autumn Budget announcement

26 Nov 2025

3

Reeves delivers £26bn tax rise Budget UK Parliament Budget photo

Reeves delivers £26bn tax rise Budget

26 Nov 2025

4

Seven Lancashire towns on list of target locations for new M&S Food stores M&S Food Stores

Seven Lancashire towns on list of target locations for new M&S Food stores

26 Nov 2025

5

Lancaster University to receive nation’s highest education honour Micro:bit Educational Foundation created by Lancaster University

Lancaster University to receive nation’s highest education honour

26 Nov 2025

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
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

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

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget event East Lancashire
LBV Hub Seminars
27 Nov 2025 - 27 Nov 2025

The PM+M Autumn Budget seminar - East Lancashire

Crow Wood Hotel, Burnley, BB12 0RT

08:00 - 10:30

Lancashire Construction Connections
LLC Logo Main.jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Nov 2025

Lancashire Construction Connections

Blues Bar, Ewood Park, Blackburn, BB2 4JF

14:00 - 16:00

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

Burnley FC , Burnley, BB10 4BX

12:00 - 17:00

Blackburn Budget Breakfast Seminar
1.jpg.jpg
LBV Hub Seminars
28 Nov 2025 - 28 Nov 2025

Blackburn Budget Breakfast Seminar

Premier Suite, Blackburn Rovers, Ewood Park, Blackburn, BB2 4JF

07:30 - 10:30

Navigating making tax digital for Income Tax
mtd event LinkedIn.jpg.jpg
LBV Hub Seminars
03 Dec 2025 - 03 Dec 2025

Navigating making tax digital for Income Tax

Junction 4 Skatepark , Darwen, BB3 0AJ

08:00 - 10:30

Chamber Breakfast Networking – December
Logo.jpg.jpg
LBV Hub Networking
04 Dec 2025 - 04 Dec 2025

Chamber Breakfast Networking – December

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

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