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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Eversheds
News from The Lawyer
Briefings from Eversheds
Ruling has significant consequences on dawn raids by French competition authorities, who must now be sure to exclude privileged and unrelated documents.
Trustees – consider the impact of transfers on your scheme’s funding position and investment strategy.
Analysis from The Lawyer
Eversheds is no stranger to an international tie-up but now it’s in the market for the jewel in its global crown
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all