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LANDLORD AND TENANT ACT 1935

- Act 42 of 1935 - Royal Assent 18 October 1935

Table of Provisions

Long Title

PART 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. ]

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