Distress Act · 2009 Revised Edition
20. Procedure where property seizable under a distress is already under seizure by way of execution
Official textFrom Attorney General's Chambers, unchanged
Where any property liable to be seized under a writ of distress has already been seized under a writ of execution issued by any court, it shall not be seized under the writ of distress so long as it remains under such seizure under a writ of execution; but the officer in possession under the writ of execution shall be notified of the writ of distress, and shall thereupon be liable to pay out of the proceeds of sale of the goods seized by him, after
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payment thereout of the expenses of the execution and sale, but in priority to any other payment, the amount appearing to be due to the landlord:
landlord
“landlord” means the lessor or sub-lessor of any premises, under any lease or agreement of tenancy, and includes any person claiming to be entitled in any capacity to receive rents due under any such lease or agreement;
Provided that such payment shall not in any case exceed the amount due for the last 6 months’ rent.
The officers in possession under the writ of execution shall, on being notified as provided in subsection (1), give notice in writing to the execution creditor and the execution debtor of the writ of distress. Notice to the execution debtor may be given by affixing it to the premises on which the goods were seized.
The execution creditor or the execution debtor may apply to the court to discharge or suspend the writ of distress, and the court may then exercise all or any of such powers as are provided in sections 17 and 18 in the case of an application under section 16.
Terms defined in s 2
landlord
Defined · s 2“landlord” means the lessor or sub-lessor of any premises, under any lease or agreement of tenancy, and includes any person claiming to be entitled in any capacity to receive rents due under any such lease or agreement;