The law of distress enables landlords to recover arrears of rent without the need to commence court proceedings. Generally bailiffs are instructed to attend upon tenants' premises to seize sufficient assets to cover the arrears and the bailiff’s costs. Not surprisingly distress has come in for much criticism as tenants are not given the opportunity of defending, particularly if the arrears are disputed, and the ability to levy distress, especially in relation to residential premises, is arguably a breach of Human Rights.
Consequently, the Lord Chancellor's department has undertaken a review of this remedy within the scope of its general review of enforcement methods. Following a period of consultation, the Lord Chancellor's department propose the following way forward:
