In the modern day, distress for rent (a remedy which enables a landlord to recover arrears of rent by seizing property found in premises subject to a tenancy) has limited application in residential property cases. This is mainly because the courts permission is required before distress for rent can be levied where the tenancy is assured or assured shorthold [section 19 Housing Act 1988]:
… no distress for the rent of any dwelling-house let on an assured tenancy shall be levied except with the leave of the county court …
However, there was still a common law right in other residential cases. From 6 April 2014 this common law right has been abolished by section 71 Tribunals, Courts and Enforcement Act 2007:
71 Abolition of common law right
The common law right to distrain for arrears of rent is abolished.
Chapter 2 Tribunals, Courts and Enforcement Act 2007] contains a whole new procedure for commercial rent arrears recovery (CRAR) which is out of the scope of this article.
Does this now mean landlords cannot use the distress or rent act 1737 when a tenant gives a notice to quit but fails to vacate?
No, that section still applies so you can still claim double rent (but you can’t seize their goods if they fail to pay!)
Many thanks
Guild of Residential Landlords
Can you please help me.
I am a landlord of a flat that has been rented to a guy on short term tenancy
The term was for 6 months and ends on 31/8/2014. He was served notice in April that he would have to leave at the end of the term on 31/8/14
He says he is looking for another flat but it may takes some weeks to finalise and he will let me know
I intend via my lawyer issuing the necessary proceedings on monday to get him out.
Can i use the distress rent act of 1737 to claim double rent?
If so what procedure do i need to follow to do this? Do i have to get my lawyer to issue a further different set of papers ?
Can i advise the tenant myself that i will be seeking to claim double rent from 1st September???
thank you in advance of any advise you can provide on this
No, double rent can only be claimed when the tenant gives notice and then fails to leave.
Many thanks
Guild of Residential Landlords
The tenant has text me saying and I quote
“The room i put a deposit down to move in on the 29th August has been delayed a couple of weeks so i will need to extend beyond the 31st august obviously i will add to the total of the rent I plan on getting out ASAP just need to await the availability of this room
Does this not constitute giving me notice???
I would have thought it does…
new message
The tenant has text me saying and I quote
“The room i put a deposit down to move in on the 29th August has been delayed a couple of weeks so i will need to extend beyond the 31st august obviously i will add to the total of the rent I plan on getting out ASAP just need to await the availability of this room
Does this not constitute giving me notice???
I would have thought it does…
Hello
In order to keep things fair with our members, I don’t normally reply to questions from non-members. I did so with the first one as it was a quick one liner.
Now there’s more questions, you would really need to join the Guild for us to help further. This makes it fair on all those that are members. I hope you understand.
Many thanks
Guild of Residential Landlords