The reformation of distress
The abolition of the ancient common law right to ‘distress for rent’ has been on the cards since the enactment of the Tribunals, Courts and Enforcement Act 2007.
However, we have been waiting since 2007 for the government to enact the necessary regulations that will bring the successor to distress, called commercial rent arrears recovery (CRAR), into force. These have now arrived in the form of the Taking Control of Goods Regulation 2013, which will bring CRAR into effect from 6 April 2014.
CRAR is restricted to wholly commercial premises and excludes premises if any part of it is let or occupied as a dwelling. However, if part of the premises is occupied as a dwelling in breach of the terms of the lease, this will not be effective in excluding CRAR…
If you are registered and logged in to the site, click on the link below to read the rest of the Eversheds briefing. If not, please register or sign in with your details below.
News from Eversheds
News from The Lawyer
Briefings from Eversheds
Rather than a single new body to take on its role, the OFT’s functions have been spread between a number of different bodies, some old and some new.
As it moves into its second year as the FCA, the FCA has recently published its Business Plan for 2014–15 and its second annual Risk Outlook.
Analysis from The Lawyer
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions
‘Exotic’ investors and opportunities for legal work beyond M&A feature in The Lawyer’s high-level roundtable debate on south-east Europe