Law of distress Amendment Act 1908
Landlord faced with tenant’s insolvency: A path through the maze. Quick answers are difficult to find when advising a landlord whose tenant is, or may become, insolvent.
As the 2002 Wimbledon tournament unfolds, it can be recorded that the Lord Chancellor, having served (underhand or otherwise) a number of proposals in two consultation papers, has now fielded…
Distress – Bailiff distraining in respect of arrears of rent – Whether bailliff having right at common law to effect forcible entry – Law of Distress Act 1737 – Judge…
Community charge — Elements of distress — Common law rules — Application of law of distress — Whether posting of notice constitutes a distress — Whether physical entry necessary –…
Lease — Business premises — Alleged breach of covenant by landlord — Rent withheld by tenant — Distraint of goods — Whether set off against claim for rent could be…
The question whether, in cases of tenant insolvency, a landlord requires leave of the court before seeking to forfeit the lease or levy distress depends not only on the legal…
Landlords minded to levy distress should take the greatest care to ensure that the tenant is in no position to assert a set-off — a danger now greatly increased by…