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Power of under-tenant, lodger or other person, where distress levied, to make declaration that immediate tenant has no property in goods distrained
Cap. 189, s. 44 · Revised Edition 2020
If any superior landlord levies or authorises to be levied a distress on any furniture, goods or chattels of,
(a) any under-tenant liable to pay by equal instalments not less often than every month of a year rent in respect of the whole or part of the tenement let by the superior landlord to his immediate tenant;
(b) any lodger; or 33
(c) any other person not being a tenant of the tenement or of any part thereof, and not having any beneficial interest in any tenancy of the tenement or of any part thereof, for arrears of rent due to such superior landlord by his immediate tenant, such under-tenant,
lodger or other person may serve such superior landlord, or his agent, with a declaration in writing made by such under- tenant, lodger or other person, setting forth that such immediate tenant has no right of property or beneficial interest in the furniture,
goods or chattels so distrained or threatened to be distrained upon, and the furniture,
goods or chattels are the property or in the lawful possession of such under-tenant,
lodger or other person, and are not goods or livestock to which this Act is expressed not to apply, and also, in the case of an under-tenant or lodger, setting forth the amount of rent (if any) then due to his immediate landlord, and the times at which future instalments of rent will become due, and the amount thereof, and containing an undertaking to pay to the superior landlord any rent so due or to become due to his immediate landlord, until the arrears of rent in respect of which the distress was levied or authorised to be levied have been paid off, and to such declaration shall be annexed a correct inventory,
subscribed by the under-tenant, lodger or other person, of the furniture, goods and chattels referred to in the declaration.
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