Distress for Rent Law and Practice

Author: Iain Travers; Anthony Tanney
Publisher: LexisNexis U.K.
ISBN: 9780853084853
Published In: March 2000
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
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A detailed explanation of law and practice of distress, together with all relevant legislation and a comprehensive library of precedents

Distress for arrears of rent is still a highly effective remedy when properly applied and especially relevant to insolvency situations. However, the ancient origin of much of the law means that many of the concepts are unfamiliar to practitioners today.

In this book Iain Travers, a leading property litigator and partner at Nabarro Nathanson, and Anthony Tanney, barrister, have assembled a detailed explanation of law and practice of distress, together with all relevant legislation and a comprehensive library of precedents. The result is a unique single volume reference on the subject for all property law advisers.

Law and Practice

Introduction
The Right to Distrain for Rent: Basic Pre-Conditions
The Right to Distrain: To Whom does it Belong?
For what may Distress be Levied?
Termination of the Right to Distrain
Alternatives to Distress
Bailiffs
Entry
The Process of Seizure and Impouding
Valuation and Sale
Rescue and Poundbreach
Replevin
Remedies for Wrongful Distress: Damages and Injunction
Insolvency and the Law of Distress
The Future of Distress

Precedents

Warrant to distrain
Request by tenant to remain in possession for more than five days
Request to withdraw distress
Request by tenant to sell before the expiration of the extended time
Request for appraisement
The appraisement
Request by tenant for removal of distress to auction room
Notice to Sheriff under the Landlord and Tenant Act 1709
Notice to bailiff to claim under the County Courts Act 1959, section 137
Declaration under section 1 of the Law of Distress Amendment Act 1908
Notice under section 6 of the Law of Distress Amendment Act 1908
Summons under section 2 of the Law of Distress Amendment Act 1908
Bond in replevin where action to be commenced in High Court
Statement of claim in replavin
Statement of claim for excessive distress
Statement of claim for not selling at the best price
Particulars of the goods distrained required on entering a plaint in replavin in the county court
Express agreement permitting distress (for insertion into lease/licence agreement)