Explanatory note

These Regulations amend regulation 52 of the Taking Control of Goods Regulations 2013 (S.I. 2013/1894) to specify the minimum amount of outstanding rent for the purposes of section 77(3) of the Tribunal, Courts and Enforcement Act 2007 (c.15) (the “2007 Act”), which will apply to commercial rent arrears recovery during the relevant period, as defined in section 82 of the Coronavirus Act 2020 (c.7).

Regulation 2 provides that, the minimum amount of net unpaid rent for the purposes of section 77(3)(a) (for the time when notice of enforcement is given) and section 77(3)(b) (for the first time goods are taken control of) of the 2007 Act, is 457 days’ rent where the enforcement action takes place on or before 23rd June 2021 and 554 days’ rent where it takes place on or after 24th June 2021.

Nothing in these Regulations affects any enforcement action taken prior to these Regulations coming into force.

As these are temporary, emergency regulations, no impact assessment has been prepared.