Part V Enforcement, 21 Enforcement of Rights not including the Transfer of Title
Hugh Beale, Michael Bridge, Louise Gullifer, Eva Lomnicka
- Guarantees and security — Set-off
This chapter talks about the enforcement of rights in the case of quasi-security, which, apart from not being true security, does not involve the enforcement of a proprietary right. Non-consensual examples are few and far between. A former example of such a right was a landlord’s right, under section 6 of the Law of Distress (Amendment) Act 1908, to direct a sub-tenent to pay subrents directly to him in the event of a tenant’s failure to pay the rent. The landlord’s right was the equivalent of serving a third-party enforcement (formerly garnishee) order without having to go to court to procure the order. The only surviving example of a non-consensual right, it seems, is set-off.