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The law of distress is a ‘self help’ remedy which permits a commercial landlord to seize, remove and sell a tenant’s goods if it is in arrears of rent. The process is now set to be replaced – probably later this year, by a new system called Commercial Rent Arrears Recovery (CRAR) enacted by the Tribunals, Courts and Enforcement Act 2007. Read more
In what is still proving to be a very difficult trading market, a landlord faced with a tenant in arrears should look closely at all its options before taking any action. Read more
In a recent dilapidations case a defendant, whose offer to settle the claim was accepted by the claimant a day before trial, was penalised by the judge when assessing costs on the basis that it had previously refused to mediate with the claimant. Read more
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