Commercial Rent Arrears Recovery (CRAR) is a statutory procedure which allows landlords of commercial premises to recover rent arrears by taking control of the tenant's goods and selling them. CRAR came into force on 6 April 2014 and applied with immediate effect to all new and existing commercial leases from that date onwards.
In order to use CRAR, a landlord must provide 7 days notice of enforcement. Once this period has expired, Certificated Enforcement Agents (as opposed to other types of bailiffs) may enter the property (through an open or unlocked door) in order to seize goods.
CRAR applies whether or not reference is made to it in the lease.
Sub-tenants - landlords can still require sub-tenants to pay rent directly to clear any rent arrears, using a statutory procedure very similar to CRAR (but 14 days notice is required rather than 7).
Anti-avoidance - There are anti-avoidance provisions in place to prevent landlords from modifying, changing or substituting the CRAR procedure in order to recover rent arrears. Landlords must use the CRAR procedure. Any other procedure is void and potentially criminal.