Replevin describes the tenant’s court-based remedy to secure the return of goods seized by a landlord under distress, usually pending determination of the dispute and on giving security (a bond). Historically a common law action, it enabled swift recovery of goods allegedly wrongfully distrained for rent.
Usage now varies by jurisdiction:
- England and Wales: Traditional distress for rent has been abolished and replaced by Commercial Rent Arrears Recovery (CRAR) under the Tribunals, Courts and Enforcement Act 2007 (in force from 2014). The former replevin procedure is effectively obsolete. Challenges to seizure are typically brought as claims for wrongful interference with goods, injunctions, or applications under Schedule 12.
- Northern Ireland: Distress for rent continues under the Distress for Rent (Northern Ireland) Order 1988. A statutory right of replevin allows a tenant to replevy goods on entering into security, pending adjudication.
- Scotland: Replevin is not a Scots law term. Comparable remedies include actions for delivery and the delict of spuilzie; there is no landlord’s distress procedure.
- Ireland: Distress for rent has been abolished by the Land and Conveyancing Law Reform Act 2009, rendering replevin obsolete; disputes proceed via delivery, conversion or injunctive relief.