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