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Sequestration for rent: A legal action taken by a landlord in Scotland to recover unpaid rent by seizing and selling the tenant's personal property under court order. This can be done for up to one year's worth of unpaid rent. It is different from distress, which is another method of recovering unpaid rent.
Definition: Sequestration for rent is a legal process in Scots law that allows a landlord to recover up to one year's unpaid rent by seizing and selling the tenant's personal property under court order. This is different from distress, which is a similar remedy in English law.
For example, if a tenant has not paid rent for several months, the landlord can apply to the court for a sequestration order. If the court grants the order, a sequestrator will be appointed to take possession of the tenant's personal property, such as furniture, appliances, and vehicles. The sequestrator will then sell the property to recover the unpaid rent.
Another example is if a commercial tenant has not paid rent for a year, the landlord can apply for sequestration for rent. The landlord can then seize and sell the tenant's business assets, such as inventory, equipment, and accounts receivable, to recover the unpaid rent.
These examples illustrate how sequestration for rent is a powerful tool for landlords to recover unpaid rent. However, it is important to note that the process can be costly and time-consuming, and should only be used as a last resort.