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Commercial Rent Arrears Recovery

The expected introduction of Commercial Rent Arrears Recovery regime (CRAR) in April next year will see the abolition of distress, the landlord’s self-help remedy for rent arrears., CRAR will still permit tenant’s goods to be removed and sold by the landlord to cover unpaid rent but only in limited circumstances and it will only be available in relation to the annual rent payable under the lease. Commercial landlords need to consider the impact of CRAR when granting new leases now and this may mean letting the residential part of a mixed use premises separately and considering whether granting a lease with an inclusive rent is prudent.

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