Commercial rent arrears recovery: practical steps for commercial landlords to consider

Commercial landlords will be familiar with the common law remedy of levying distress for rent. It’s the self-help remedy that entitles a landlord to seize the goods of its tenant at the leased premises, to sell those goods at auction and deduct the proceeds of sale from arrears of rent.

Distress is an extremely effective means by which a landlord can secure payment from a defaulting tenant. A tenant, taken by surprise at the landlord’s action, will often be under pressure to negotiate a global deal or to settle the arrears in full.  A tenant who has a genuine dispute with its landlord can apply for an injunction to restrain the landlord from completing the distraint.

However, the Tribunals, Courts and Enforcement Act 2007 (TCEA) will abolish the landlord’s common law right to levy distress for rent. The TCEA 2007 received Royal Assent on 19 July 2007, but may be brought into force later this year…

If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Shoosmiths

View more briefings from Shoosmiths

Analysis from The Lawyer

  • Hester: declined bonus worth almost £1m

    Pay checks

    Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future

  • high street 150

    Focus: Alternative business structures - Law and new order

    There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…


2 Colmore Square
38 Colmore Circus Queensway
B4 6BJ

Turnover (£m): 92.98
No. of lawyers: 393


  • Training Contract

    Edinburgh, Manchester, Birmingham, Nottingham, Northampton, Milton Keynes, London, Reading, Basingstoke, Solent | £ 24,000