This practice note discusses the basic pre-conditions of distress to recover arrears of rent, how a bailiff can gain entry to premises and what goods can be seized.

On 6 April 2014, the new procedure for commercial rent arrears recovery (CRAR) set out in the Tribunals Courts and Enforcement Act 2007, comes into force. From 6 April 2014, CRAR must be used for commercial property and the common law right of distress is abolished (section 71, TCEA 2007). Until that time, the common law procedure discussed in this note should be followed.

For more information, see Practice note, Commercial rent arrears recovery for leases.