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Commercial Rent Arrears Recoveries: Via Writ Of Control

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In addition to the Common Law remedy of distress for rent, commercial landlords also have the option to go through the court system and obtain a judgment, which may then be enforced by a High Court Enforcement Officer under a writ of control.

While the court option will take longer than distress for rent, there may be circumstances where it is the more appropriate route:

Where the tenant has goods or assets at another location: a Writ of Control permits the enforcement agent to go to other locations to seize goods belonging to the tenant. Under the Common Law remedy of distress for rent, only goods at the leased premises can be seized. If there is a licence in place, instead of a landlord-tenant agreement.

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