Commercial Property Rent Arrears.


The common law remedy of distraint was abolished on 6 April 2014, when the commercial rent arrears recovery procedure is brought into effect.

From 6 April 2014, landlords must to follow a fixed, rigid process if they want to seize goods to pay rent arrears.

  • the process can only be used where the lease is of commercial property only.
  • a landlord must give a tenant written clear days’ notice of  intention to seize goods;
  • the process applies only to arrears of principal rent, interest and VAT – not insurance or service charge
  • entry to commercial premises will be possible between 06.00 and 21.00  by authorised “enforcement agents”; (in practice certified bailiffs, who worked under the old system).
  • goods must then be secured – either at the premises or at a place within a reasonable distance of the premises (where there is a significant risk they may be removed by the tenant) and cannot be sold until seven clear days following removal from the premises;
  • a landlord can serve notice on a subtenant of its tenant, requiring payment of rent directly to the landlord; effective in 14 clear days .

Consult Hylton-Potts, the experts who offer fixed fees, and give excellent value.

We operate a free and confidential 24 hour email service. Just click on [email protected] or,  during office hours, there is a free and confidential legal helpline 020 7381 8111.