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ARTICLE · 03 APRIL 2020

Rent Arrears And Forfeiture – A Complex Predicament

This case considered whether the exercise of Commercial Rent Arrears Recovery ("CRAR") under the Tribunals, Courts and Enforcements Act 2007 (the "Act") waives the right of a commercial ...

United KingdomReal Estate and Construction

Thirunavukkrasu v Brar [2019] EWCA Civ 2032

Summary

This case considered whether the exercise of Commercial Rent Arrears Recovery ("CRAR") under the Tribunals, Courts and Enforcements Act 2007 (the "Act") waives the right of a commercial landlord to forfeit a lease for the rent arrears.

Background

Thirunavukkrasu was the tenant of commercial retail premises in Teddington (the "Property"). The Brars were the landlords pursuant to a Lease dated 10 July 2013 (the "Lease"). Under the Lease an annual rent of £15,000 was due on quarterly days in advance on 25 March, 24 June, 29 September and 25 December. The permitted use of the Property was as a retail shop. The Lease contained a proviso for re-entry if rent was unpaid for 21 days after becoming due.

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