In this article, Devinder Singh  and James Morgan QC consider the status of notices served under the Commercial Rent Arrears Recovery scheme, in particular the timing, security and priority position of such notices.

Given that landlords are not able to serve valid CRAR notices until 31 March 2021 (see our blog here), we expect there to be an increase in use when the temporary restrictions come to an end and therefore it is all the more important for commercial landlords to understand their rights under CRAR.

This article was first published by Thompson Reuters, trading as Sweet and Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ in Insolvency Intelligence (2020) as Commercial Rent Arrears, Recovery and Administration: Questions as to timing, security and priorities Issue 4 pages 107-128 and is reproduced by agreement with the publishers.