76
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
premises are found to be deserted with no sufficient distress therein, to place the same in charge of a bailiff and to affix a notice thereon, in a conspicuous place, that, unless cause to the contrary is shown before the court within 10 days, the premises will be given over to the applicant. (Amended 37 of 1986 s. 6)
(2) If no such cause is shown, the court may, on proof of the fact of desertion, of non-payment of at least 2 months' rent last due, of want of sufficient distress, and that the applicant is the lessor or landlord of the premises or entitled under this Part to a warrant, make an order directing a bailiff to put the applicant in possession of the premises, and the demise shall become void.
(3) The Legislative Council may by resolution amend the sum mentioned in subsection (1). (Added 37 of 1986 s. 6)
(1 of 1883 s. 28 incorporated) [cf. U.K. 1737 c. 19 s. 16 & 1817 c. 52]
Rules as to Distress
Distress for arrears of rent on determination of lease
102. Arrears of rent may be distrained for after the end or determination of any term or lease at will, in the same manner as if such term or lease had not been ended or determined:
Provided that such distress is made during the continuance of the possession of the tenant from whom such arrears became due.
(1 of 1883 s. 29 incorporated)
Priority of landlord's right
103. No personal property shall be removed from any premises under any writ from any court, other than writs in Crown suits, until the claim for rent due to the landlord or lessor or person entitled to receive the rent is satisfied:
Provided that such claim shall not in any case exceed the amount due for 6 months' rent last due.
(1 of 1883 s. 30 incorporated) [cf. U.K. 1709 c. 18 or c. XIV]
Property seized under writ or warrant of High Court or the District Court
104. (1) If personal property, otherwise liable to distress for rent, is, at the time of the issue of a warrant or thereafter before seizure by the bailiff under the warrant, seized under any writ or warrant of the High Court or the District Court, the bailiff shall not seize the personal property, but shall return the warrant into court and deliver copies thereof to the execution creditor or his agent and to the debtor, either personally or by leaving the same at the place where the goods were seized. (Amended 1 of 1953 Fourth Schedule; 92 of 1975 s. 59)
(2) The execution creditor or debtor or either of them may apply to the court to discharge or suspend the warrant within the time and in the manner