No More Distress For Landlords

The ancient remedy of distress has come under increasing criticism in recent years as being excessively draconian. Now, the government has listened to the critics and taken action.

There is no doubt that this remedy has sometimes been misused, but it has been regarded by commercial landlords as an important mechanism for protecting them from the tenant who can pay on time but who would prefer not to. However, The Tribunals, Courts and Enforcement Act 2007 will shortly abolish distress entirely in relation to residential tenancies. It will also disappear in relation to commercial tenancies, but will be replaced by a new remedy called commercial rent arrears recovery. Referred to in the Act as 'CRAR', this will be more tightly controlled than distress and will apply in fewer situations.