Under a writ of distress the landlord may claim up to twelve months' arrears of rent
A worked RES examination question on landlord remedies and enforcement, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.
The question
A tenant of a shop has left months of rent unpaid, and the landlord obtains a writ of distress to seize and sell goods on the premises to recover the arrears. Among the things there are the tenant's trading stock, his own clothing and bedding kept in a rear room, and a display fridge that in fact belongs to a drinks supplier. The tenant is anxious about what can be taken and over what period the arrears may be claimed.
Consider the following statements.
- (i) The arrears the landlord may recover under the writ are capped at twelve months.
- (ii) The tenant's clothing and bedding in the rear room cannot be seized.
- (iii) The supplier's display fridge, not being the tenant's, cannot be seized.
- (iv) Everything on the premises may be seized, whoever it belongs to.
The answer, and why
Answer: D
The rule. Under a writ of distress the landlord may claim up to twelve months' arrears of rent. Certain goods cannot be seized — among them the tenant's clothing and bedding, goods needed for his trade, and goods on the premises that do not belong to the tenant.
Why D is correct. (i), (ii) and (iii) are correct — the arrears are capped at twelve months, and the tenant's clothing and bedding and the supplier's fridge (not the tenant's) are all beyond seizure. (iv) is false: not everything on the premises may be seized.
The other options.
- B adds the false (iv), allowing seizure of everything.
- C drops the twelve-month limit at (i).
- A takes the false (iv) and drops the protected goods.
Exam note. Distress reaches up to twelve months' arrears, but not clothing, bedding, trade goods, or goods that are not the tenant's.
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