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Commercial Rent Arrears Recovery.

With the introduction of the tribunals, Courts and Enforcement Act 2007 in April 2014, distress for rent was replaced with CRAR - Commercial Rent Arrears Recovery.

Section 73 (8) allows commercial landlords to use schedule 12 (taking control of goods) of the tribunals, Courts and Enforcement Act 2007 to recover rent payable under the lease from the tenant, without needing to go to court.

Forfeiture of Commercial lease.

Forfeiture is the termination of a Business Lease for Commercial Premises before the Lease contractually ends, usually because the tenant has breached the terms set out within the Lease. The most common reason for Forfeiting a Lease is non-paymant of Rent and whilst the process of actually Forfeiting a Lease is very simple, there are several points to consider, in order to remain within the Law.

Some points to remember are;

1. There must be a current written Lease, regrettably you cannot Forfeit a Licence.
2. There must be a Forfeiture clause within the Lease, the Lease should stipulate the overdue period before the landlord can Forfeit, usually 14 or 21 days.
3. The premises must be Commercial. If the premises are part residential/commercial such as public houses, then the landlord may have to seek a Possession Order through the Courts.
4. Make sure there are no Tenants living in the Commercial Property.
5. The most important thing to do is contact us then we can help you with your problem Tenants.