ABSTRACT
The treatment of arrears depends on whether or not the service charge is reserved as additional rent; this is quite possible in the case of rack rented leases, but less likely under long leases and deeds of covenant. Where an advance payment falls into arrears, the landlord has the same opportunity to recover it as he would actual rent. Distress is the right of the landlord to take the goods of the tenant on the demised premises in order to obtain payment for rent due and in arrears. The use of distress is not recommended as a form of recovery where there is a genuine dispute. Distress should always be considered in conjunction with the desirability of having vacant possession of the premises. It is essential that all arrears are settled as a pre-condition of any consent to an assignment or a surrender of the lessee's interest.
