Podcast Location:
Download it here [file size: 27.9 MB]
Categories:
Remedies & Enforcement
Commercial Property
Property Litigation
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to teach the listener about the ancient common law remedy of distress and how this has been partially preserved with respect to commercial rent by the Tribunals, Courts and Enforcement Act 2007. It aims to provide the listener with a clear examination of the new legislative scheme (CRAR) and when it would be exercisable. Further, this podcast aims to give the listener an outline of dealing with insolvent tenants, including the differences between bankruptcy, liquidation, receivership and administration.

Outcomes:
After completing the course you will:
  • Understand what the remedy of Distress is;
  • Understand the new legislative scheme (CRAR) to replace the common law remedy of Distress;
  • Understand the current law, particularly with regard to insolvent tenants;
  • Understand the risks which receivers and mortgagees run if they postpone a sale to get a better price.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Legislative Updates
Sources and References:
  • Tribunals, Courts and Enforcement Act 2007 ;
  • Re Atlantic Computer Systems Plc [1992] Ch 505 ;
  • Palk and another v Mortgage Services Funding plc [1993] 2 WLR.
Tags:

This podcast examines the ancient remedy of 'Distress' which allowed landlords to take tenants' goods and effects without legal process to pay arrears of rent owed. It explores the legislative scheme (CRAR) set out in the Tribunals, Courts and Enforcement Act 2007 which will replace the common law remedy of distress and analyses its application, particularly in relation to insolvent tenants.

Podcast added: 03/09/09

NB: Listeners should be aware that at the time of this recording Part III of the Tribunals Courts & Enforcement Act 2007 which concerns the remedy of distress had not yet been brought into force.

Podcast last reviewed: 2012-01-30

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