Island Life Magazine Ltd June/July 2014 | Page 144

coffee break reading... 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. 144 www.visitilife.com 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