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LANDLORD AND TENANT ACT 1936

Table of Provisions

PART A1--Preliminary

  • 1 Short title
  • 3A Act does not apply to residential tenancy agreements
  • 3B Application of Act to Crown

PART 1--Forfeiture and relief

Division 1--Recovery of premises

  • 4 Proceedings by landlord for non-payment of rent
  • 5 Tenant, paying all rent, proceedings to cease
  • 6 Damages for mesne profits
  • 7 Saving of former remedies
  • 8 Notice of writs by lessee to landlord

Division 2--Relief against forfeiture

  • 9 Relief against forfeiture for non-payment of rent
  • 10 No re-entry till notice to tenant to remedy breach
  • 11 Court or judge may grant relief
  • 12 Interpretation and application of preceding sections

PART 2--Distress for rent

  • 13 Interpretation
  • 13A Jurisdiction of the Magistrates Court
  • 14 Mode of distress, and warrant, authority
  • 15 Exemption of warrants from stamp duty
  • 16 Delivery of duplicate warrant
  • 17 Distress for rent
  • 18 Delivery of copy warrant and inventory to claimant
  • 19 Rights of owner of agisted cattle, under-tenant, or lodger
  • 20 Effect of payment to landlord
  • 21 Duty of landlord after being served with declaration
  • 22 Rights of owners of goods in other cases
  • 23 Duty of landlord after service of declaration
  • 24 Adverse claims
  • 25 Decision of Magistrates Court
  • 26 Power of landlord to hold goods
  • 27 Power of landlord to sell goods if claim in his favour
  • 28 False declarations
  • 29 Person entitled to take declarations
  • 30 Sale of distrained goods
  • 31 Power to distrain corn and hay
  • 32 Distress may be secured and sold on premises
  • 33 Disposal of proceeds of sale
  • 34 Sale to be by auction
  • 35 Costs, charges etc of distress and sale
  • 36 No appraisement necessary
  • 37 Double damages against wrongful distrainer
  • 38 Goods fraudulently or clandestinely removed
  • 39 Damages or pound breach or rescue
  • 40 Penalties, how recovered
  • 41 Forms may be modified
  • 42 Landlord's powers not abridged
  • 43 Exemption of cattle and vehicles
  • 43A Exemption of records of health practitioner
  • 45 Exemption of wearing apparel and tools
  • 46 Application of preceding section

PART 3--Miscellaneous provisions

  • 47 Effect of licences granted to lessees
  • 48 Effect of restricted licence
  • 49 Application of preceding sections
  • 50 Apportionment of conditions of re-entry in certain cases
  • 51 Protection of purchaser against forfeiture under covenant for insurance against fire in certain cases
  • 52 Preceding provisions to apply to leases for a term of years absolute etc
  • 53 When the reversion on a lease is gone, the next estate to be deemed the reversion

PART 4--Commercial tenancy agreements

Division 1--Preliminary

  • 54 Interpretation
  • 55 Application of Part

Division 2--Jurisdiction of the Commercial Tribunal

  • 56 Distribution of jurisdiction between the Tribunal and the courts

Division 3--Special provisions applying to commercial tenancies

  • 57 Limitation on amounts payable with respect to entering into, extending or renewing a commercial tenancy agreement
  • 58 Rent in advance
  • 59 Regulation of security bonds
  • 60 All amounts paid under security bonds to be receipted and paid to Tribunal
  • 61 Payment of security bonds by Tribunal to landlord or tenant
  • 61A Commercial tenancy agreements may be in registrable form
  • 61B Costs associated with the preparation of a written agreement
  • 62 Provisions relating to written agreements prepared by or on behalf of landlords
  • 62A Landlord to provide a statement of operating expenses
  • 62B Landlord to bear cost of land tax
  • 63 Provision relating to payments on sale or assignment void unless approved by Tribunal
  • 64 Right of tenant to assign or sublet
  • 65 Hours of business etc
  • 66 Implied warranty that premises reasonably fit for business of tenant
  • 66A Provision for five-year terms
  • 66AB Ability of landlord to move tenant to other premises
  • 67 Tenancy to continue while extensions or renewals are negotiated
  • 67A Abandoned goods

Division 4--Disputes arising under commercial tenancy agreements

  • 68 Power of Tribunal to act in any matter

Division 5--Commercial Tenancies Fund

  • 69 Commercial Tenancies Fund
  • 70 Investment of Fund
  • 71 Accounts

Division 6--Miscellaneous

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