Part 3Enforcement by taking control of goods

Chapter 2Rent arrears recovery

Commercial rent arrears recovery

77The rent recoverable

I21

CRAR is not exercisable except to recover rent that meets each of these conditions—

a

it has become due and payable before notice of enforcement is given;

b

it is certain, or capable of being calculated with certaintyF1;

c

it is not excluded from recovery using CRAR by paragraph 4 of Schedule 2 to the Commercial Rent (Coronavirus) Act 2022 (temporary moratorium on enforcement of protected rent debts).

I22

The amount of any rent recoverable by CRAR is reduced by any permitted deduction.

I23

CRAR is exercisable only if the net unpaid rent is at least the minimum amount immediately before each of these—

a

the time when notice of enforcement is given;

b

the first time that goods are taken control of after that notice.

I1I34

The minimum amount is to be calculated in accordance with regulations.

I25

The net unpaid rent is the amount of rent that meets the conditions in subsection (1), less—

a

any interest or value added tax included in that amount under section 76(1)(a) or (b), and

b

any permitted deductions.

I1I36

Regulations may provide for subsection (5)(a) not to apply in specified cases.

I27

Permitted deductions, against any rent, are any deduction, recoupment or set-off that the tenant would be entitled to claim (in law or equity) in an action by the landlord for that rent.