A landlord in distress

Watson, V.

A landlord in distress - 2001 - CSM (Chartered Surveyor Monthly) September 2001, 35(1) .

If a tenant is in arrears of rent, the common law remedy of distress may permit a landlord to enter premises, remove the tenant's goods, sell them and retain any proceeds to recoup the arrears. Discusses the case of "Fuller v Happy Shopper Markets", which shows that today distress is not necessarily the trouble-free self-help remedy for landlords that has been used so often in the past. The judge's ruling suggests today's courts are ready to entertain a tenant's argument that distress has been levied unlawfully. Also discusses the Lord Chancellor's 'Distress for rent' consultation paper, which outlines proposals for reform of this feudal right.


DISTRESS FOR RENT
FULLER V HAPPY SHOPPER MARKETS
RENT ARREARS
CONSULTATION PAPER