Call our quote line to speak to a qualified solicitor

0800 987 8156*
Send a message

*Call this mobile friendly number or your local branch

Major Changes to Rent Recovery of Commercial Premises

The introduction of the Commercial Rent Arrears Recovery Regulations will contain the provisions of the Tribunals Court and Enforcement Act 2007 will come into effect on 6th April 2014.  This will create greater protection for tenants and make it more difficult for landlords to recover rent arrears.  Under the new Scheme, a landlord can still seize and sell the tenant’s goods and offset the sale proceeds against rent arrears, but this will be in more limited circumstances.

What is included in the new Commercial Rent Arrears Recovery Regulations?

This Scheme contains the following conditions, which must be satisfied:-

  • This can only relate to commercial leases and not mixed use premises;
  • The lease must be evidenced in writing;
  • The basic rent arrears plus VAT and interest can only be recoverable – this means that insurance rents and service charges are not recoverable, even if reserved within the Lease as rent;
  • The landlord must provide 7 days notice of intention to enforce;
  • Enforcement must be an authorised agent and not the landlord personally; and
  • The landlord must wait at least 7 days before the selling the goods seized unless the wait would render the goods unsaleable or would substantially reduce their value.

Unfortunately this process will of course make it harder for landlords to recover rent arrears and will alert the tenant as to the imminent enforcement. For assistance with handling a landlord and tenant dispute of this nature or any other similar legal issue, contact our expert team of solicitors today.

To learn more about the range of services we offer related to Property Law, please consult the pages below:

Commercial conveyancing

Lease extensions

Residential conveyancing


Please contact me

  • This field is for validation purposes and should be left unchanged.

Ask us a Question

Send us a message and we'll get back to you as soon as we can.

Ask Us A Question

Related posts

Changes to the Small Claim Court

The Small Claims Court limit is set to increase from £5,000.00 to £10,000.00 on 1 April 2013. The general rule in respect of Small Claims cases is that each party bears their own costs and as such you can not recover your legal costs from your opponent even if you are successful. If you have […]

Employer-Employee ‘protected converstations’

In a speech last week, Prime Minister David Cameron stated that the government will shortly consult on ‘protected conversations’, enabling an employer and employee to sit down and have frank conversations about performance / ongoing employment, without the employer fearing his words will be used against him a constructive dismissal claim. How this would operate […]

Court rules on unmarried couples’ property rights

A man and women purchased a house in 1985 and took out a joint mortgage. It was recenlty ruled by the Supreme Court that a man, who left his partner nearly 20 years ago and has not contributed to the mortgage for 13 years, is not entitled to half the value of the house they had […]

Attention! Have you been targeted by spam?

Cyber criminals are increasingly targeting victims by masquerading as law firms and financial institutions. Such activity is commonly known as phishing or spoofing. Click here for an example. If you are unsure as to the legitimacy of any unusual or suspicious emails received, please report to us on 0800 987 8156.