The statutory mechanism for commercial rent arrears recovery was not the equivalent of the old common law right to distrain for arrears of rent. Levying distress under the old common law right was an unequivocal recognition that the lease was continuing on the day of distress itself. Whether the exercise of the new statutory mechanism was an unequivocal recognition of the continuation of the lease had to be considered in the context of the actual facts.
Judges:
Marcus Smith J
Citations:
[2018] EWHC 2461 (Ch), [2018] WLR(D) 590
Links:
Statutes:
Tribunals, Courts and Enforcement Act 2007 72 79
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 05 June 2022; Ref: scu.625507
