9:28 AM, 12th September 2025, About 3 months ago 16
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Our tenant (AST) in London gave us a valid break notice on June 20th, 20205, to leave our flat on August 20th, 2025.
However, he didn’t leave, doesn’t provide timing estimates on when he will vacate, hardly communicates, and hardly even uses the property!
My 19-year-old son and a flatmate were supposed to move into our property last week (to attend college in London this winter), and we are now having to pay Airbnbs for them instead, until who knows when.
I believe there are grounds for us to apply the Distress for Rent Act 1737 S18 on our tenant, as the tenant has served the notice in writing, we have accepted, and we have not asked nor taken any rent from him after August 20th.
I would be very grateful if anyone could advise a law firm that has experience in applying for Distress for Rent Act 1737 Section 18.
Thank you very much,
Lory
Editor’s note: One of the industry leaders in tenant eviction is Paul Shamplina’s Landlord Action. Please see >> https://www.property118.com/evicting-tenants/
The Distress for Rent Act >> https://www.legislation.gov.uk/apgb/Geo2/11/19/section/18
18. Tenants holding after the time they notify for quitting, to pay double rent.
And whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premisses by them holden, and yet refusing to deliver up the possession when the landlord hath agreed with another tenant for the same: from and after the said twenty fourth day of June one thousand seven hundred and thirty eight, in case any tenant or tenants shall give notice of his, her, or their intention to quit the premisses by him, her, or them holden, at a time mentioned in such notice, and shall not accordingly deliver up the possession thereof at the time in such notice contained, that then the said tenant or tenants, his, her, or their executors or administrators, shall from thenceforward pay to the landlord or landlords, lessor or lessors, double the rent or sum which he, she, or they should otherwise have paid, to be levied, sued for, and recovered at the same times and in the same manner as the single rent or sum, before the giving such notice, could be levied, sued for, or recovered; and such double rent or sum shall continue to be paid during all the time such tenant or tenants shall continue in possession as aforesaid.
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The_Maluka
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Member Since May 2015 - Comments: 2080 - Articles: 1
10:54 AM, 12th September 2025, About 3 months ago
It’s always worked for me, even in court, although the judge had to retire for a few minutes to consult the act. Needless to say, although I received judgement, the tenant did not deliver.
Paul McCarthy
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Member Since June 2016 - Comments: 47
11:01 AM, 12th September 2025, About 3 months ago
Distress for Rent Act 1737 – Section 18
Section 18 of the 1737 Act was historically aimed at tenants who gave notice to quit and then “held over”.
It allows the landlord to recover double rent from the date the notice to quit expires until the tenant actually vacates.
Despite its age, this provision is still in force and has been used in modern cases (e.g. Oliver Ashworth (Holdings) Ltd v Ballard (Kent) Ltd [1999] Ch 606).
It is not “distress” (i.e. seizure of goods) but a statutory claim for double rent as damages, brought in the County Court.
2. Prerequisites You Appear to Meet
The tenant served a valid written break notice (20 June 2025) ending the tenancy on 20 August 2025.
You accepted that notice.
The tenant remains in occupation beyond the break date.
No rent has been demanded or accepted after 20 August 2025.
On those facts, you are entitled to claim double the contractual rent from 21 August 2025 until the date they actually vacate.
3. Next Steps a Solicitor Would Take
Send a formal “double-rent” letter of claim citing s.18 Distress for Rent Act 1737 and setting out the arrears to date.
If they still refuse to leave, issue a possession claim (accelerated procedure if you wish to regain the property) and a money claim for double rent.
Keep records of your additional losses (e.g. Airbnb costs for your son) for a potential separate damages claim.
4. Firms to Approach
Look for London firms with property litigation / landlord-tenant expertise, for example:
Russell-Cooke LLP (Landlord & Tenant team)
Anthony Gold Solicitors (Housing & Property Disputes)
JMW Solicitors – London office (Property Litigation)
Forsters LLP – Real Estate Litigation
Any reputable property-litigation department will understand and plead a claim under s.18 Distress for Rent Act 1737 alongside a possession order.
Key Takeaway
You have a strong basis to recover double rent from 21 August 2025 until the tenant vacates.
Instruct a property-litigation solicitor promptly to serve a formal letter before action and, if necessary, issue a County Court possession and money claim.
Steve Masters
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Member Since August 2013 - Comments: 321 - Articles: 1
11:28 AM, 12th September 2025, About 3 months ago
“No rent has been demanded or accepted after 20 August 2025.”
How does that work in practice? I’ve heard that said before but there is a way round it if the rent is up to date and paid in advance.
Do not send a rent demand.
Write to say you do not accept any money received as rent but you will hold the money as compensation for occupation beyond the end of the tenancy agreement. Or something like that.
DPT
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Member Since October 2020 - Comments: 1048
0:03 AM, 13th September 2025, About 3 months ago
The Distress for Rent Act is the least of your worries. If the notice was indeed valid, then his tenancy ended on its expiry. If he is not living there you would be entitled to change the locks and exclude him. If, however you have done anything, (or conversely not done anything) which conveys to the tenant that you accept his continued occupation, then you have probably created a new, unwritten tenancy which you would have to honour. This includes demanding or accepting rent for a period after expiry of the notice or simply not doing anything to urge him to leave and tell him he’s no longer a tenant.
If he does have a new tenancy then you will not have served him the required documents and there may also be deposit issues. Id suggest you see a proper housing solicitor and explain the situation fully.
Steve Masters
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Member Since August 2013 - Comments: 321 - Articles: 1
8:33 AM, 13th September 2025, About 3 months ago
I’m not sure that is correct, T’s notice might have ended his tenancy agreement but NOT his possession. T still has possession of the property not L, so can’t just change the locks without the proper possession proceedings. I agree you need to see a specialist.
Chris @ Possession Friend
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Member Since May 2016 - Comments: 1554 - Articles: 15
10:05 AM, 13th September 2025, About 3 months ago
@Lory
You need professional assistance with this.
We have dealt with these cases previously.
DPT
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Member Since October 2020 - Comments: 1048
15:22 PM, 13th September 2025, About 3 months ago
Reply to the comment left by Steve Masters at 13/09/2025 – 08:33
The tenant would have no right of possession once the tenancy has ended. If he is no longer living there then I believe it is safe to change the locks, but as you suggest, it would be unwise to do this without confirmation from a specialist solicitor.
Teresa Pascarelli
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Member Since September 2025 - Comments: 7
22:45 PM, 16th September 2025, About 3 months ago
Reply to the comment left by TheMaluka at 12/09/2025 – 10:54
Hi Maluka. So yo never got the doubke rent?
Teresa Pascarelli
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Member Since September 2025 - Comments: 7
22:47 PM, 16th September 2025, About 3 months ago
Reply to the comment left by Paul McCarthy at 12/09/2025 – 11:01
Thank you very much for your contribution! very, very useful indeed! Lory
Teresa Pascarelli
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Member Since September 2025 - Comments: 7
22:53 PM, 16th September 2025, About 3 months ago
Reply to the comment left by Steve Masters at 12/09/2025 – 11:28
Yes, rent term from August 17th to September 17th was due by August 17th. But since we had been served a notice that ended tenancy on August 20th, we only invoiced the tenant for 4 days (17-20th of August) and that’s all he paid for. Now a law firm is working on the case. Thank you for your comment! Lory