Kent Solicitors

Distress has long been a useful common law remedy to recover rent arrears without going to court. Landlord (or a certified bailiff) enters the premises of a Tenant in arrears, seizes his goods to the value of the debt and then sells them to satisfy it. The right to distrain arises immediately upon the rent becoming payable and Landlord is not required to give Tenant any notice. But, distress is due for abolition. These days it is seen as being potentially inconsistent with Tenants human rights, and that, coupled with long standing disapproval of extra judicial remedies, has resulted in Tribunals, Courts and Enforcement Act 2007 which will abolish distress and replace it with a more limited statutory right of recovery called Commercial Rent Arrears Recovery (CRAR)

Labels: Arrears rent distress abolition