It would seem that the application of commercially reasonable practices when it comes to storage charges against a tenant’s abandoned goods and chattels is not always the case.
When a tenant abandons their goods and chattels following a landlord’s termination of tenancy for non-payment of rent, what is the mechanism wherein a landlord can claim storage charges?
Landlord’s election between two mutually exclusive remedies is irrevocable and once the election is made, the other remedy is unavailable during the same default period.
Landlord barred from enacting Distress Remedy.
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