Our commercial landlord client was owed just under £7,000.00 in rent and service charge arrears by his tenant.
On 26 February 2014, we were instructed by the landlord to recover the arrears. On 4 March 2014, we completed a ‘Warrant to Distrain’ and filed it with the Sheriffs’ Office. On 6 March 2014, a Sheriff attended the tenant’s premises for the purpose of seizing the tenant’s goods and then selling them. On 14 March 2014, our client received payment in full (i.e. within less than 3 weeks of our instructions).
Unfortunately, that was the last time this firm will complete and file a Warrant to Distrain based on the ancient law of distress. That is because, on 6 April 2014, the law of distress was replaced by the Commercial Rent Arrears Recovery procedure (‘CRAR’) by virtue of Part 3 of the Tribunals, Courts and Enforcement Act 2007.
Nevertheless, we shall continue to successfully recover rent arrears on behalf of our commercial landlord clients (albeit by following the new statutory CRAR procedure).