Commercial Rent - Quarter days
by David Carter on 15 December 2010
Since medieval times, England has held the tradition of Quarter Days, where debts were settled and magistrates would go to outlying districts to run court sessions, with the principle being that debts should not carry on past the quarter sessions.
Traditionally these have been the days when accounts are settled, so for commercial properties these are the days when rent is due. Based around religious festivals, the quarter days are:
- Lady Day - The Feast of the Annunciation, March 25
- Midsummer Day - The Feast of St. John the Baptist, June 24
- Michaelmas - The Feast of St. Michael and All Angels, September 29
- Christmas Day - The Feast of the Nativity, December 25
However, new leases in England are now tending to use the more modern quarter days of 1st January, 1st April, 1st July and 1st October.
Rent arrears option 1 – common law remedy of distress for rent
Should the commercial tenant not pay by the due date, then the landlord may use the ancient common law remedy of distress for rent to recover this money.
The landlord does not need to obtain a court order. He may simply instruct a Certificated Bailiff to enter the premises and seize goods (“distrain”) in order to sell them to recover the rent. It is a very fast and efficient process – the landlord can instruct in the morning and the bailiff could attend the same day. This option only applies to commercial leases and not to licences.
Rent arrears option 2 – protective distraint
Protective distraint is a variation that allows the landlord and tenant to make an agreement for the payment of rent arrears, whilst ensuring that the landlord has the right to sell the seized assets should the tenant default. This also gives the tenant the opportunity to continue trading in the premises, which may be in the best interests of both parties. This option too only applies to commercial leases and not to licences.
Rent arrears option 3 – writ of Fieri Facias
If the landlord gets a judgment and transfers it to the High Court, thus obtaining a writ of Fieri Facias (Fi-Fa), then the High Court Enforcement Officer (HCEO) has the right to attend other addresses where the defendant, the tenant, might reasonably be. In the case of businesses, this may be the registered address or other trading offices of the business or warehouses. If the commercial property is rented by a partnership or a sole trader, the HCEO may attend their home address to seize goods under the writ.
If the landlord also needs to repossess the property, as well as recover rent arrears, he can save time and money by applying for a combined writ of Fi-Fa and possession, where both can be enforced simultaneously.
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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
