Quarter days were traditionally the
days when rents were due, servants were hired and the local magistrate would
visit outlying areas to hand out their justice.
Whilst some newer commercial leases
use the first day of the quarter for ‘quarter day’, the traditional English
quarter days are on March 25, June 24, September 29 and December 25th.
With the next quarter day imminent, any
rent not paid by this date will be in arrears one day after this date.
Should this happen, the landlord is entitled
to take enforcement action to obtain payment by instructing a Certificated
Bailiff to collect the payment, something that dates back to the Middle Ages!
How
to get your hands on the rent…quickly and easily
The fastest and simplest way
to distrain for rent is by using a Certificated Bailiff. Under Common Law, if the tenant has not paid the
rent by the due date then the landlord is entitled to take action by seizing goods
to recover any rent arrears.
The landlord may however, make an
arrangement for the payment of the rent thus allowing the tenant to remain in
the premises and prevent the seizure of the assets. Should the tenant then default on the agreed
terms, the landlord is entitled to sell the assets. This is called protective distraint.
Note – distraint for rent does
not permit the enforcement officer to attend any other premises where goods
belonging to the tenant may be found, the distraint only applies to the
premises covered by the rent agreement.
It is normally the case that when a
Bailiff seizes the goods he does so under a walking possession order, allowing the
tenant to continue to trade on the proviso that anything sold must be replaced,
like for like, within twenty-four hours.
If the tenant falls to replace the
items and fails to pay his outstanding rent, the landlord can demand two &
half times the rent value from the tenant.
Another option would be to instigate
a peaceful possession procedure; the landlord, agent or solicitor only need
instruct a Certificated Bailiff to act on their behalf.
This is an effective method if the
officer cannot levy distress due to them not being able to gain entry, there
are insufficient goods to seize or all goods belong to third parties.
If you are ever stuck, need a little
advice or simply need some clarity on any matter relating to rent recovery please
do give us a call, we’d be happy to help where we can.
From all the team at Able, Merry
Christmas and we hope you have a prosperous New Year.
Steve Wood
