Distress Act · 2009 Revised Edition
23. Deserted premises
Official textFrom Attorney General's Chambers, unchanged
Where —
immovable property is let at a rack rent or a rent not less than 75 per cent of its annual value;
rent is in arrears for not less than 2 months of the tenancy;
and
the tenant has abandoned possession of the premises, and left thereon no sufficient property out of which the arrears of rent may be recovered by distress, a judge may, on the application of the landlord, authorise the sheriff to enter on the premises using such force as may be necessary to effect an entry into any building thereon, and take possession thereof; and the sheriff shall in such case enter on the premises and affix in a conspicuous place thereon a notice that possession thereof will be delivered to the landlord, unless within 10 days a judge, on the application of any person interested, otherwise orders.
If no such application is made within 10 days, the sheriff shall put the landlord in possession of the premises, and the lease or agreement of tenancy shall thereupon deemed to be determined.
sheriff
“sheriff” includes a bailiff and any clerk or other officer charged with the duties of a sheriff and appointed as such by the Registrar of the High Court;
If any such application is made, the judge may make such order for possession of the premises, and on such terms as to payment of rent due or otherwise as he considers fair as between the parties, and for that purpose may direct that any preliminary question be tried as an issue.
judge
“judge” means a Judge of the Supreme Court, a Judge of an Intermediate Court, and a magistrate;
An order made under this section may be discharged for sufficient reason and on such terms as the judge thinks reasonable, on application by any person interested, notwithstanding that the period thereby prescribed has expired.
Terms defined in s 2
judge
Defined · s 2“judge” means a Judge of the Supreme Court, a Judge of an Intermediate Court, and a magistrate;
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;
sheriff
Defined · s 2“sheriff” includes a bailiff and any clerk or other officer charged with the duties of a sheriff and appointed as such by the Registrar of the High Court;
tenant
Defined · s 2“tenant” means any person from whom a landlord claims rent to be due under any such lease or agreement. To apply to rents owed to Government.