More stress than distress? Commercial rent arrears recovery is on the horizon

The law of distress for rent arrears is an ancient remedy that has remained broadly unchanged for centuries. In 1749, a practitioner described it as: “the remedy obtained so early in our law, that we have no memorial of its original with us”.1 In its earlier form, it entitled a landlord to enter property let to its tenant, seize goods and hold them until any rent arrears had been settled. Since 1689, a landlord has also been entitled to sell the goods to recover the outstanding rent.