Landlords Beware?

Whether you own or rent property for your business operations, the Human Rights Act (HRA) may affect your management of the property.

Two of the landlord's most potent weapons are distraint (otherwise known as distress for rent) and forfeiture. These are rather summary and quite draconian remedies which landlords of both residential and commercial properties can utilise.

Distraint allows the landlord, if the tenant is in arrears of rent (not services charges or insurance premiums), to instruct a certified bailiff to seize goods on the premises which, if the tenant does not clear the arrears within 5 days, the landlord may sell and thereby reduce/extinguish the arrears. Distraint is a highly effective tool for the landlord, often proving much quicker and cheaper than litigation.