Commentary

104 Distress against agisted stock

AGRICULTURE vol 2(2)
| Commentary

104 Distress against agisted stock

| Commentary

104 Distress against agisted stock

The common law remedy of distress has now been abolished1. It is replaced by a new statutory procedure for commercial rent arrears recovery (‘CRAR’)2. Essentially CRAR can only be exercised by certified enforcement agents and the tenant must be given seven days’ notice of the intention to use the CRAR rule3. It is to be noted that CRAR can only be used where the tenancy is evidenced in writing4. Therefore CRAR cannot be exercised where the tenancy is oral. The special provision in relation to distraint over agricultural holdings is repealed; however it is now

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