The ancient common law remedy of distress (now abolished in respect of commercial premises) was a ‘self-help’ remedy allowing landlords to recover arrears of rent by seizing a tenant’s goods and selling them in instances of tenant default to raise money to pay up arrears of rent. Distress was a particularly useful remedy for landlords because there was no requirement for a landlord to give notice or obtain permission from the court before exercising the remedy. However, with the new CRAR changes, the elements of surprise and speed have been lost.
CRAR still allows landlords to remove and sell a defaulting tenant’s goods, but the procedure is now more regulated and protects tenants.
