Island Life Magazine Ltd June/July 2014 | Page 144
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Roach Pittis advice
Roach Pittis Solicitors, 60-66 Lugley Street, Newport, PO30 5EU
t. 01983 524431 - e. [email protected]
By Janet
Bell
Changes to distress for rent
D
istress for rent is an ancient
remedy under the common
law whereby the Landlord can
enter the premises demised
under the Tenancy and seize goods to the
value of the arrears due from the Tenant
without judicial process. The Landlord
can remove and sell the goods and apply
the proceeds to discharge the arrears.
The process has been modified by
statute and there are a number of
restrictions and safeguards attached to it.
Nevertheless, distress for rent remains a
lawful remedy if properly carried out and
can be effective and a relatively cheap
means of extracting arrears.
The purpose of this article is not
to explain the process as it currently
stands, but to give some details as to
the proposed wholesale changes to
the common law position on distress.
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The changes will come in under the
Tribunals, Courts and Enforcement Act
2007, Part Three. The Act abolishes the
common law position and replaces it
with a modified regime, known as the
Commercial Rent Arrears Recovery.
The regime also specifies fees, common
charges and expenses that can be charged
by a person in connection with taking
control of goods, and when and how
such fees will be recoverable. There is
also a clear process for remedial action
and a level of damages available to a
debtor against an enforcement agent who
breaches the procedure.
The key changes are:
• The regime is only available to
Landlords of written leases of
commercial premises.
• It can only be used to recover rent, VAT
and interest but not other sums suc