Today, distress for rent (a remedy that enables a landlord to recover rent arrears by seizing property found on premises subject to a tenancy) has limited application in residential property cases. This is mainly because the court's permission is required before distress for rent can be levied where the tenancy is assured [section 19 Housing Act 1988]:
… no distress for the rent of any dwelling-house let on an assured tenancy shall be levied except with the leave of the county court …
However, there was still a common law right in other residential cases. From 6 April 2014, this common law right was abolished by section 71 of Tribunals, Courts and Enforcement Act 2007:
71 Abolition of common law right The common law right to distrain for arrears of rent is abolished.
Chapter 2 Tribunals, Courts and Enforcement Act 2007] contains a whole new procedure for commercial rent arrears recovery (CRAR) which is out of the scope of this article.
