Skip to content
bruneilawsby aturio
In force2009 Revised Edition
Contents

10. Application by under-tenant, lodger etc.

In plain English

An under-tenant, lodger or other person outside the tenancy may ask a judge to release their goods seized for a tenant's rent. They must show the goods are theirs or lawfully held by them, and not the tenant's. An under-tenant or lodger must also pay the arrears to the landlord or into court, and promise to pay future rent.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(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.

Report

Read on from s 11