Distress signals: landlords will face further limitations on the right to levy distress for rent after a recent High Court decision found in favour of the tenant

Article Abstract:

Legal authorities in the UK now regard the remedy of distress for non-payment of rent as outdated. With regard to residential tenants, its use is almost completely outlawed. However, distress is seen as very effective by landlords of commercial leases, and its use has tended to rise.

Criticism and interpretation, Distress (Law)

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Tenant feels the draft: the High Court has upheld a landlord's restrictions on sublettings as a result of the skillful drafting technique employed in the landlord's provisos

Article Abstract:

The case of Allied Dunbar Assurance v Homebase is discussed in relation to the mechanisms used by landlords to control sublettings. It seems that, in this case, drafting technique allowed the landlord to impose arbitrary conditions. The landlord was able to prevent a subletting to which the only real objection was the negative impact that the low rent would have on the adjoining building.

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Landlords on the hook

Article Abstract:

There are indications that courts in the UK are increasingly willing to force landlords to take action against tenants whose activities are disturbing other tenants. Courts are also more frequently accepting the principle that a tenant can regard his lease as at an end if the landlord commits a serious breach of covenant. In principle, repudiation is available to both parties to a contract. However, in practice, repudiation will bring greatest benefits to tenants. Landlords will have to accept that tenants are no longer powerless against serious breaches.

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