Distress Act · s 10

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

10.
Application by under-tenant, lodger etc.
(1) Where any movable property of —
(a) any under-tenant;
(b) any lodger; or
(c) any other person whatsoever, 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, has been seized under a writ of distress issued to recover arrears of rent due to a superior landlord from his immediate tenant, such under-tenant, lodger or other person may apply to a judge to discharge or suspend the writ, or to release a distrained article.
(2)  No order shall be made —
(a) unless such under-tenant, lodger or other person satisfies the court that —
(i) the tenant has no right of property of beneficial interest in the property; and
(ii) such property is the property or in the lawful possession of such under-tenant, lodger or other person; and
(b) in the case of an under-tenant or lodger, unless he —
(i) pays to the landlord or into court an amount equal to the arrears of rent in respect of which distress has been levied; and
(ii) undertakes to pay to the landlord future rent, if any, due from him to the tenant.
(3) In no case shall —
(a) an under-tenant paying at least 75 per cent of the full monthly letting value of the premises comprised in the under-tenancy;
or
(b) a lodger,

Distress be liable under this section to pay the landlord or into court, a sum greater than the rent which he owes to his immediate landlord.
(4)  For the purposes of this section and of sections 11 and 14, a lodger’s rent shall include such sum as he pays or owes to his immediate landlord for lodging, board, attendance and use of furniture.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 10Application by under-tenant, lodger etc.

(1)

Where any movable property of —

(a)

any under-tenant;

(b)

any lodger; or

(c)

any other person whatsoever, 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, has been seized under a writ of distress issued to recover arrears of rent due to a superior landlord from his immediate tenant, such under-tenant, lodger or other person may apply to a judge to discharge or suspend the writ, or to release a distrained article.

(2)

No order shall be made —

(a)

unless such under-tenant, lodger or other person satisfies the court that —

(i)

the tenant has no right of property of beneficial interest in the property; and

(ii)

such property is the property or in the lawful possession of such under-tenant, lodger or other person; and

(b)

in the case of an under-tenant or lodger, unless he —

(i)

pays to the landlord or into court an amount equal to the arrears of rent in respect of which distress has been levied; and

(ii)

undertakes to pay to the landlord future rent, if any, due from him to the tenant.

(3)

In no case shall —

(a)

an under-tenant paying at least 75 per cent of the full monthly letting value of the premises comprised in the under-tenancy;

(b)

a lodger,

Distress be liable under this section to pay the landlord or into court, a sum greater than the rent which he owes to his immediate landlord.

(4)

For the purposes of this section and of sections 11 and 14, a lodger’s rent shall include such sum as he pays or owes to his immediate landlord for lodging, board, attendance and use of furniture.