Commercial rent arrears recovery

Resource type: Practice note

Status: Maintained

Jurisdictions: England, Wales

This practice note explains the effects of Part 3 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) on the law relating to recovery of commercial rent arrears. Part 3 of the TCEA 2007 replaces the remedy of distress with a new procedure for recovery of commercial rent arrears.

The TCEA 2007 received Royal Assent on 19 July 2007. Part 3 is not yet in force. Section 25 of the Crime and Courts Act 2013 (CCA 2013) amends Schedule 12 to the TCEA 2007 with a view to Part 3 of the TCEA 2007 being brought into force but section 25 of the CCA 2013 is also not yet in force. For more information on commencement of the TCEA 2007, see Legislation tracker note: Tribunals, Courts and Enforcement Act 2007  and Legal update, Crime and Courts Bill 2012-13 receives Royal Assent.

Although Schedule 12 sets out the framework for the procedure, much of the detail on how the procedure operates will be contained in regulations that are yet to be made. The Ministry of Justice intends to have draft regulations prepared by summer 2013.

PLC Property

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  • Resource ID: 4-207-4983
  • Products:  PLC UK Dispute Resolution, PLC UK Property, PLC UK Public Sector
  • This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.
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