PART 7 E+WCOMMERCIAL RENT ARREARS RECOVERY (CRAR)
GeneralE+W
Part 7 to apply only to CRARE+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 behalfE+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 exercisableE+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-tenantE+W
Notice to sub-tenant: when notice takes effect and serviceE+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 contentsE+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(ii)the notice is replaced or withdrawn; and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 noticeE+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 A notice served on any sub-tenant under section 81(2) of the Act is withdrawn if the landlord provides written notice to the sub-tenant who received that notice that it is withdrawn.