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…

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