Delay in the Implementation of New Commercial Rent Arrears Recovery System

24 March 09

The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) contained provisions on a wide range of topics, including tribunals and inquiries, judicial appointments, enforcement of judgments and orders and debt management.

Part 3 of the TCEA 2007 replaces the ancient remedy of distress with a new system of commercial rent arrears recovery (CRAR). The Law Commission recommended that there should be a delay of six months between the TCEA 2007 receiving Royal Assent (19 July 2007) and the provisions relating to CRAR coming into force, to allow landlords time to become familiar with the changes.

On 17 March 2009, the Justice Minister made an announcement in Parliament on bailiff and enforcement law, but the announcement made no reference to CRAR. This has been queried informally with the Ministry of Justice which has advised that the Government also intends to implement CRAR in April 2012.

For more information on landlord and tenant issues, please contact Paul Cowdery on Tel: 01256 320 555