Landlords round on government move to dilute distress

Commercial landlords claim that government plans to bar them from seizing goods and selling them on in debt cases will tip the balance too far in favour of tenants, research by a City law firm has revealed.

Masons surveyed 100 clients after a Lord Chancellor's Department consultation on distress, which said the remedy is draconian and should be abolished.

The results showed that although respondents backed the move for residential cases, 85% of landlords renting to businesses said distress should remain.

Julia Elson, a senior property litigator at Masons, said: 'At one end of the scale were those who thought distress was a "medieval horror" which should be abolished.

At the other were those in favour of more severe deterrents, who felt that there was far too much emphasis on tenants' rights and not enough on responsibilities.'John Spencer-Silver, a leasehold expert at London firm Rooks Rider, said his firm advises clients to use the remedy as it is 'quick, effective and produces results'.

However, other remedies such as forfeiture could achieve the same, he said.Paula Rohan