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A landlord in distress

By: Contributor(s): Series: CSM (Chartered Surveyor Monthly) ; September 2001, 35(1)Publication details: 2001Subject(s): Summary: 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.
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Journal article London Journal article ABS64559 (Browse shelf(Opens below)) 1 Available 114865-1001

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.