Conveyancing / Tenancy / Land

Distress for Rent Law and Practice

Edited by Iain Travers · Anthony Tanney
LexisNexis U.K. March 2000

Specifications

ISBN-13
9780853084853
Publisher
LexisNexis U.K.
Publication
March 2000
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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)
Legislation
  • Distress for Rent Act 1689
  • Landlord and Tenant Act 1709
  • Distress for Rent Act 1737
  • Law of Distress Amendment Act 1888
  • Law of Distress Amendment Act 1895
  • Law of Distress Amendment Act 1908
  • Distress for Rent Rules 1988 (as amended)

About the Author

Iain Travers, Partner, Nabarro Nathanson
Anthony Tanney, Barrister, Falcon Chambers
with Tamar Halevy, Solicitor, Nabarro Nathanson

Reviews

"very well presented"
The Legal Executive Journal

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