LANDLORD AND TENANT ACT 1935
- Act 42 of 1935 - Royal Assent 18 October 1935Table of Provisions
Long TitlePART I - Preliminary
- 1 Short title
- 2 Repeal of local Acts: Non-application of Imperial Acts
- 2A Act not apply to residential tenancy agreements
PART II - Leases and Rents
- 3 Effect where words in schedule used
- 4 Deed to include all outhouses, &c.
- 5 Deed not taking effect by this Act to be valid
- 6 Immaterial variances not to vitiate
- 7 Action against tenant for life
- 8 Recovery of rent where lease not by deed
- 9 Tenant or person holding over to pay double value: No equitable relief from penalty
- 10 Tenant holding over after giving notice to pay double rent
- 11 Recovery of rent on death of tenant for life
- 11A Tenant remaining in possession after notice to determine tenancy
PART III - Provisions as to Execution and Seizure by Third Parties
- 12 Goods on leased premises not to be taken in execution until arrears of rent, not exceeding one year's paid
- 13 Rent so paid to be levied with execution
- 14 Certain goods not to be levied on
- 15 Tenant to give notice to sheriff
- 16 Sheriff to give notice to owner or landlord and his agent
- 17 Power of sheriff to dispose of goods to person agreeing to sue, and expend same according to covenant
- 18 On breach of agreement, sheriff to assign right of action to landlord
- 19 Sheriff, before sale of crops or produce, to inquire as to landlord
- 20 Sheriff not to sell grasses
- 21 Straw, &c., excepted
- 22 Protection of sheriff, except for wilful breach or omission
- 23 Indemnity for sheriff and purchaser
PART IV - Emblements and Fixtures
- 24 On determination of leases or tenancies under tenant for life, &c., instead of emblements tenant to hold until expiration of current year, &c.
- 25 Growing crops seized and sold under execution to be liable for thereafter accruing rent
- 26 Right of tenant to remove buildings and fixtures erected by him with landlord's consent
PART V - Distress for Rent Division 1 - General provisions
- 27 Remedy for rent where estate depends on life of another
- 28 Rents to be recoverable by distress
- 29 Corn loose may be distrained and, subject to replevin, sold
- 30 Right of landlord to distrain stock, &c., for arrears
- 31 Distress on growing products to cease if payment made
- 32 Exemptions from distress
- 33 Beasts of the plough, cattle, and sheep exempt where other sufficient distress
- 34 Landlord not to distrain certain goods after sale under section 17
- 35 Distress after lease expired
- 36 Second distress if first not sufficient
- 37 Avowry without naming tenant
- 38 How defendant may avow in replevin
- 39 Seizure and sale of goods fraudulently removed
- 40 Goods not to be seized if sold in good faith
- 41 Penalty for fraudulent removal
- 42 Summary proceedings if value $100 or less
- 43 Recovery of goods fraudulently removed
- 44 Treble damages for pound-breach
- 45 Double damages and costs against wrongful distrainer
- 46 Distress: How to be made
- 47 Inventory and bill of charges to be delivered
- 48 Appraisement not required
- 49 Charges for distraining
- 50 Impounding goods distrained
- 51 Power of registrars of Magistrates Court (Civil Division) to make replevin and deliverance
- 52 Manner of proceeding where tenant of land distrained upon is absent from the State
- 53 Sale of distress by public auction
- 54 Appraisement when demanded
- 55 Application of proceeds
- 56 Public to have access to view goods
- 57 Irregularity not to vitiate distress, but may ground claim for damage
- 58 Penalties for certain irregularities, omissions, &c.
- 59 Forms to be used
Division 2 - Provisions as to lodgers and under-tenants
- 60 Interpretation
- 61 Right of under-tenant or lodger, if distress levied, to make declaration that immediate tenant has no property in goods distrained, and to undertake to pay rent due to superior landlord
- 62 Penalty for proceeding with distress after a declaration has been made under section 61
- 63 Payments of under-tenant or lodger to superior landlord
- 64 Exclusion of certain goods
- 65 Alternative to distress on goods of under-tenant or lodger
Division 3 - Special provisions as to hire-purchase goods
- 66 Procedure where hire-purchase goods are distrained
PART VI - Summary Proceedings to Recover Possession of Premises
- 67 Interpretation
- 68 Tenant in certain cases holding over may be summoned before magistrate or justices
- 69 Power of court to make order for possession, and for rent or mesne profits enforceable by distress
- 70 Warrant to give possession of premises
- 71 Saving as to existing law SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4
[ Note: This table has been automatically generated and may be incomplete. ]