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ARTICLE · 20 APRIL 2016

Distraint For Rent — A Refresher On Cumulative Remedies

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Distraint for rent is a common law remedy for landlords of commercial property. It allows a landlord to seize assets belonging to the tenant and sell those assets to recover rent arrears.

CanadaReal Estate and Construction
Joel Camley
Joel Camley
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Distraint for rent is a common law remedy for landlords of commercial property. It allows a landlord to seize assets belonging to the tenant and sell those assets to recover rent arrears.

The "cumulative remedies" clause in a commercial lease preserves all of the Landlord's remedies under the commercial lease. It does not operate to change the position at law that a landlord may not distrain against a tenant's property and terminate the lease at the same time. Distress and termination are mutually exclusive remedies.

In Delane Industry Co. Ltd. v. PCI Properties Corp., 2013 BCSC 1397, as appealed to 2014 BCCA 285, the parties entered into a sublease, which included the following provision dealing with cumulative remedies (para. 18):

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