Distraint (distress) meaning

Distraint (distress) is the seizure and detention of a debtor’s goods (personal chattels) to secure or satisfy sums due, most commonly rent arrears, traditionally without first obtaining a court judgment. England and Wales: Common law distress for rent has been abolished. For commercial premises it is replaced by Commercial Rent Arrears Recovery (CRAR) under statute, and more generally the Taking Control of Goods regime governs enforcement by enforcement agents. “Distress” now survives mainly as a historical or colloquial term. Scotland: There is no remedy of distress. The closest equivalents are statutory diligences against goods (attachment and exceptional attachment) and the landlord’s hypothec over a commercial tenant’s goods, all exercised under court‑supervised procedures. Northern Ireland: Distress for rent remains available to landlords, regulated by statute and common law, permitting seizure of a tenant’s goods for rent arrears subject to procedural safeguards. Ireland: The remedy of distress for rent has been abolished by statute; landlords must rely on court‑based enforcement or agreed security. Key features include summary seizure of goods, limited entry rights, and liability for wrongful seizure (e.g. conversion or trespass). In practice, the term is now largely descriptive and its availability and procedure are jurisdiction‑specific. Legal professionals should check the current statutory...