• PART 7 PART 7 — Commercial Rent Arrears Recovery (CRAR)

    • Chapter 1: Chapter 1: General

      • 47. Part 7 to apply only to CRAR

        This Part only applies to debts enforceable under section 127 of the Regulations.

      • 48. Authorisation by landlord to another to exercise CRAR on landlord's behalf

        Where a landlord gives authorisation under section 128(8) of the Regulations to a person to exercise CRAR on the landlord's behalf, the authorisation must —

        (a) only authorise an enforcement agent; and
        (b) be in writing, be signed by the landlord and provide the following information —
        (i) the date of the authorisation;
        (ii) the landlord's name and contact details, including, where appropriate, the landlord's trading or business name and the trading or, if registered in the Abu Dhabi Global Market, the registered office address of the landlord;
        (iii) the name and contact details of the person authorised to act on behalf of the landlord;
        (iv) sufficient detail to enable the authorised person to identify the commercial premises in respect of which CRAR may now be exercised on the landlord's behalf;
        (v) the amount of rent owed; and
        (vi) the period in relation to which the rent is owed.

      • 49. Minimum amount of net unpaid rent for CRAR to become exercisable

        The minimum amount of net unpaid rent for the purpose of section 132(3) of the Regulations is an amount equal to 1 months' rent.

    • Chapter 2: Chapter 2: Right to Rent from Sub-Tenant

      • 50. Notice to sub-tenant: when notice takes effect and service

        (1) A notice served on any sub-tenant under section 135(2) of the Regulations takes effect 28 clear days after the notice is served on the sub-tenant.
        (2) The notice must be served on the sub-tenant by a method required under rule 5(1) (method of giving notice).

      • 51. Notice to sub-tenant: form and contents

        The notice must be in writing, be signed by the landlord and contain the following information —

        (a) the landlord's name, reference and contact details and the date of the notice;
        (b) the amount of rent the landlord has the right to recover from the immediate tenant by CRAR ("the notified amount");
        (c) that while the notified amount remains unpaid, the sub-tenant must pay the sub-tenant's rent directly to the landlord instead of to the immediate tenant, as a discharge for any rent payable by the sub-tenant under the sub-lease, until —
        (i) the notified amount has been paid (by payments under the notice or otherwise); or
        (ii) the notice is replaced or withdrawn; and
        (d) that the landlord may withdraw the notice in accordance with rule 52.

      • 52. Notice to sub-tenant: withdrawal of notice

        A notice served on any sub-tenant under section 135(2) of the Regulations is withdrawn if the landlord provides written notice, to the sub-tenant who received that notice that it is withdrawn.