The Taking Control of Goods Regulations 2013

PART 7 E+W COMMERCIAL RENT ARREARS RECOVERY (CRAR)

General E+W

Part 7 to apply only to CRAR E+W

50.  This Part only applies to debts enforceable under section 72 of the Act.

Authorisation by landlord to another to exercise CRAR on landlord's behalf E+W

51.  Where a landlord gives authorisation under section 73(8) of the Act to a person to exercise CRAR on the landlord's behalf, the authorisation must—

(a) only authorise an enforcement agent; and

(b) be in writing, be signed by the landlord and provide the following information—

(i) the date of authorisation;

(ii) the landlord's name and contact details;

(iii) the name and contact details of the person authorised to act on behalf of the landlord;

(iv) sufficient detail to enable the authorised person to identify the commercial premises in respect of which CRAR may now be exercised on the landlord's behalf;

(v) the amount of rent owed; and

(vi) the period in relation to which the rent is owed.

Minimum amount of net unpaid rent for CRAR to become exercisable E+W

52.  The minimum amount of net unpaid rent for the purposes of section 77(3) of the Act is an amount equal to 7 days' rent.

Right to rent from sub-tenant E+W

Notice to sub-tenant: when notice takes effect and service E+W

53.—(1) A notice served on any sub-tenant under section 81(2) of the Act takes effect 14 clear days after the notice is served on that sub-tenant.

(2) The notice must be served on the sub-tenant by a method required under regulation 8(1) (method of giving notice).

Notice to sub-tenant: form and contents E+W

54.  The notice must be in writing, be signed by the landlord and contain the following information—

(a) the landlord's name, reference and contact details and the date of the notice;

(b) the amount of rent the landlord has the right to recover from the immediate tenant by CRAR (the notified amount);

(c) that while the notified amount remains unpaid, the sub-tenant must pay the sub-tenant's rent directly to the landlord instead of to the immediate tenant, as a discharge for any rent payable by the sub-tenant under the sub-lease, until—

(i) the notified amount has been paid (by payments under the notice or otherwise); or

(ii) the notice is replaced or withdrawn; and

(d) that the landlord may withdraw the notice in accordance with regulation 55.

Notice to sub-tenant: withdrawal of notice E+W

55.  A notice served on any sub-tenant under section 81(2) of the Act is withdrawn if the landlord provides written notice to the sub-tenant who received that notice that it is withdrawn.