Jumping the Queue: The Commercial Landlord’s Right of Distraint
Distraint, also known as distress, is the commercial landlord’s most powerful remedy against delinquent tenants. Governed in Newfoundland and Labrador by the Distress for Rent Act (1689), the remedy has been available for centuries. When performed properly, it allows the landlord to seize the tenant’s goods, chattels, and inventory for outstanding rental arrears in priority to other creditors and without the need for court approval.