Rent Distress Act- BC Provincial Statute
Commercial Rent Distress Actions give a Landlord or Professional Property Manager incredible power to enforce a Lease or a Month to Month Tenancy.
As a Landlord or Property Manager you may enlist the Professional Services of a Bailiff to collect arrears of rent. These services may be secured the day after the rent was due to be paid. So generally speaking if the RENT is due on the first day of the month – a Bailiff can be called to collect those arrears of rent on the second day of the month.
THE PROCESS involves obtaining the necessary information: Name of Tenant as shown in your Lease document – the exact civic address – The amount of Rent arrears – including all amounts as defined in your lease as rent or additional rent and the name of the landlord as indicated in your lease.
THE DOCUMENTS are then prepared, these include a Warrant, A Notice of Seizure and a Bailee’s Undertaking. A BC Online search will also be obtained to determine if there are any competing creditors or Lien holders.
ATTENDING at the premises and demanding that the arrears of rent are paid together with the appropriate bailiffs fees – if the tenant does not pay immediately we have a number of different options available – we can immediately remove assets to satisfy your claim and estimated fees – we can change the locks and ask the tenant to leave (with the necessary tenant signed lock change agreement) or we can leave the tenant operating with his acknowledgment that his assets are under seizure and that he signs a document – Bailee’s Undertaking – promising not to remove any of the seized assets.
These assets must be held for Five days and if payment is not made or satisfactory arrangements are not made with the Landlord, then we must obtain two independent notarized appraisals – the assets will then be sold in a commercially reasonable manner. The whole process is done in harmony with landlord with constant consultation and direction from the landlord.
All files are handled in a very PROFESSIONAL manner. Generally speaking the tenant ends up paying the arrears of rent or making satisfactory arrangements with the landlord.
A Copy of the Rent Distress Act is available to view here at your convenience. Need legal information as it relates to the Rent Distress Act – do you have questions regarding Lease Termination- please call Ross McGowan with Borden Ladner Gervais at (604) 640-4173