Restriction on levy of distress for rent HA 1988 s. 19
This provision restricted the ability of landlords to seize goods for rent arrears under assured tenancies. It is no longer in force.
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Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 19 of the Housing Act 1988 originally prohibited landlords from using the remedy of distress (seizing a tenant's goods) to recover rent arrears under assured tenancies. This remedy was a common law right that allowed a landlord to take possession of a tenant's chattels to satisfy unpaid rent.
The section is now omitted from the Act. Distress for rent was abolished for all residential tenancies in England and Wales by later legislation. The restriction no longer has effect.
When it applies
- A landlord sends a bailiff to seize a tenant's television set for overdue rent.
- A landlord enters the tenant's home and removes furniture while the tenant is at work.
- A landlord threatens to sell the tenant's car to cover rent arrears.
What this section does not say
- This section does not cover the landlord's right to forfeit the tenancy or evict the tenant.
- It does not apply to commercial leases.
- It does not apply to other methods of rent recovery such as deduction from deposit.
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This page reproduces the text of HA 1988 s. 19 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.