AustLII Tasmanian Consolidated Acts

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LANDLORD AND TENANT ACT 1935 - SECT 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

      (1) If any superior landlord levies or authorizes to be levied, a distress on any goods or chattels of –

(a) any under-tenant;

(b) any lodger; or

(c) any other person not being a tenant of the premises or of any part thereof, and not having any beneficial interest in any tenancy of the premises or of any part thereof –

for arrears of rent due to the superior landlord by his immediate tenant, the under-tenant, lodger, or other person aforesaid may serve the superior landlord, or the agent employed by him to levy such distress, with a statutory declaration made by the under-tenant, lodger, or other person aforesaid in accordance with the provisions of this section.

      (2) Such declaration shall set forth –

(a) that the immediate tenant has no right of property or beneficial interest in the goods or chattels so distrained or threatened to be distrained, and that such goods or chattels are the property, or in the lawful possession, of the declarant; and

(b) in the case of an under-tenant or lodger, the amount of rent, if any, then due to his immediate landlord, and the times at which future instalments of rent will become due, and the amount thereof, and shall contain an undertaking to pay to the superior landlord any rent so due or to become due to his immediate landlord, until the arrears of rent in respect of which the distress was levied or authorized to be levied have been paid off –

and there shall be annexed to and verified by such declaration a correct inventory, subscribed by the declarant, of the goods and chattels referred to in the declaration.


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