By Edward John, Lucy Shepherd

The High Court has held that a landlord waived the right to forfeit a lease for rent arrears when it attempted to use Commercial Rent Arrears Recovery (CRAR).

CRAR is a process by which a landlord of commercial property can take control of a tenant’s goods and sell them to recover money owed in rent arrears. It was introduced by the Tribunal, Courts and Enforcement Act 2007, and it replaced the common law right of distress. To exercise CRAR, a landlord must serve notice of its intention to do so seven clear days before seizing the goods.