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That individual is in legal possession of the premises, under a distress for rent.
This is consequential on the prospective abolition of distress for rent.
They also hold a certificate, which enables them to levy distress for rent, road traffic debts, council tax and non-domestic rates.
In law, avowry is where one takes a distress for rent or other thing, and the other sues replevin.
Such apportionment was, however, in certain cases allowed in England by the Distress for Rent Act 1737, and the Apportionment Act 1834, and is now allowed generally.
Part 3 creates a new system of taking control of goods in order to enforce judgments and abolishes ancient common law writs and remedies such as fieri facias, replevin and distress for rent.
The Law of Distress Amendment Act 1888 enacts that no person may act as a bailiff to levy any distress for rent, unless he is authorized by a County Court judge to act as a bailiff.
Section 71 abolishes the ancient common law self-help remedy of distress for rent, replacing it, solely for leases on commercial property, by a statutory system of Commercial Rent Arrears Recovery (CRAR) (ss.
The conduct of bailiffs is governed by a thicket of laws, from the Distress for Rent Rules 1988 and the Council Tax (Administration and Enforcement) Regulations 1992 to the 2006 Fraud Act - and the programme showed these laws being broken in all directions.
Non-certificated bailiff are employed by private companies and are entitled to recover the money owed for a variety of debts by seizing and selling goods but cannot levy distress for rent, road traffic debts, council tax or non-domestic rates, or enforce the collection of money due under High Court or county court orders.