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Archive for the ‘Commercial Tenant’ Category

CRAR

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Malcolm Poynter

Malcolm Poynter – Partner

In April 2014 new legislation came into effect known as the commercial rent arrears recovery or CRAR for short. One aspect of this is the need to give tenants at least 7 days notice of the intention to effect recovery of arrears under those provisions and it has emerged that some tenants are using this as a form of short term overdraft.

The British Property Federation is making various recommendations in relation to these provisions to the Ministry of Justice – one of which is that if the landlord uses this process 3 times under a particular lease then if further arrears arise no notice will be required.

 

For further details please contact Malcolm Poynter on 01635 521212 or malcolm.poynter@clmlaw.co.uk

Landlords – Resolve Tenants’ Issues Before Sale

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Landlords should ensure any outstanding issues with tenants are resolved before they exchange contracts on the sale of a property.

Mark Sarnowski

Mark Sarnowski

Mark Sarnowski, a property specialist with Charles Lucas & Marshall, says tenants in dispute with the landlord, can jeopardise the sale by registering a notice against the title of the property.

In a recent case where he was acting for the landlord, the tenant had been in dispute with his client who was withholding the tenant’s deposit because of damage to the property and subsequent repairs which needed carrying out.

The property was put on the market and a sale agreed but days before contracts were due to be exchanged, the tenant registered a notice against the property with the Land Registry.

“Once that happens, a process begins automatically, even if there is no legal justification and the notice is a spurious one,” says Mark Sarnowski. “Obviously these notices can be challenged but that takes time – and that can be critical when you are selling a property.

Mark Sarnowski advised his client to take a firm line with the tenant and warn him that if the sale of the property was delayed or fell through, the tenant would be liable for all the losses incurred to date.

“In the end an agreement was reached,” he added. “My advice though would be for landlord and tenant to resolve any outstanding issues before getting close to the exchange of contracts.

“There are procedures tenants can use against landlords which gives them a strong hand, irrespective of whether they are legitimate or not.”

For further information contact Mark Sarnowski on 01488 682506 or mark.sarnowski@clmlaw.co.uk

 

Written by Mark Sarnowski

November 27th, 2012 at 7:57 am