Seeking legal advice on Distress for Rent Act?
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.
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
Member Since September 2025 - Comments: 7
11:00 PM, 16th September 2025, About 7 months ago
He is living there and all his things are there, but hardly ever sleeps there. He says he has no idea on when he will vacate our home because he is not happy with the new place he has rented.
Member Since September 2025 - Comments: 7
11:04 PM, 16th September 2025, About 7 months ago
Reply to the comment left by DPT at 13/09/2025 – 15:22
Yes, thank you to all for your comments and suggestions. We have fired a sollicitor and they are working on the case.
Member Since September 2025 - Comments: 7
11:33 PM, 16th September 2025, About 7 months ago
Reply to the comment left by Paul McCarthy at 12/09/2025 – 11:01
Does anybody know if I will ever be refunded legal costs? Seems legal support for this is 4-5K plus court fees.
Member Since May 2015 - Comments: 2197 - Articles: 2
9:07 AM, 17th September 2025, About 7 months ago
Reply to the comment left by Teresa Pascarelli at 16/09/2025 – 22:45
Not the double, which was approved by the court, nor the single rent that was owing. Landlords have no effective way of collecting rent.
Member Since September 2025 - Comments: 7
10:55 PM, 17th September 2025, About 7 months ago
Reply to the comment left by TheMaluka at 17/09/2025 – 09:07
Wow! I can’t believe that! Even if the tenant has the means to pay? our tenant is much better off than we are for example.
Member Since May 2016 - Comments: 1570 - Articles: 16
5:47 AM, 18th September 2025, About 7 months ago
Reply to the comment left by Teresa Pascarelli at 16/09/2025 – 23:33
Should have come to us