County Courts Act 1984

102 Claims for rent where goods seized in execution. E+W

(1) Section 1 of the M1 Landlord and Tenant Act 1709 shall not apply to goods seized in execution under process of a county court, but the following provisions of this section shall apply in substitution.

(2) The landlord of any tenement in which any goods are seized may claim the rent of the tenement in arrear at the date of the seizure, at any time within the 5 days next following that date, or before the removal of the goods, by delivering to the bailiff or officer making the levy a claim in writing, signed by himself or his agent, stating—

(a) the amount of rent claimed to be in arrear; and

(b) the period in respect of which the rent is due.

(3) Where such a claim is made, the bailiff or officer making the levy shall in addition distrain for the rent so claimed and the cost of the distress, and shall not, within 5 days next after the distress, sell any part of the goods seized, unless—

(a) the goods are of a perishable nature; or

(b) the person whose goods have been seized so requests in writing.

(4) The bailiff shall afterwards sell under the execution and distress such of the goods as will satisfy—

(a) first, the costs of and incidental to the sale;

(b) next, the claim of the landlord not exceeding—

(i) in a case where the tenement is let by the week, 4 weeks’ rent;

(ii) in a case where the tenement is let for any other term less than a year, the rent of two terms of payment;

(iii) in any other case, one year’s rent; and

(c) lastly, the amount for which the warrant of execution issued.

(5) If any replevin is made of the goods seized, the bailiff shall nevertheless sell such portion of them as will satisfy the costs of and incidental to the sale under the execution and the amount for which the warrant of execution issued.

(6) In any event the surplus of the sale, if any, and the residue of the goods shall be returned to the execution debtor.

(7) The fees of the registrar and broker for keeping possession, appraisement and sale under any such distress shall be the same as would have been payable if the distress had been an execution of the court, and no other fees shall be demanded or taken in respect thereof.

[F1 (8) Nothing in this section affects section 346 of the Insolvency Act 1986]

Textual Amendments

F1 S. 102(8) substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14

Modifications etc. (not altering text)

C1 S. 102 restricted by Insolvency Act 1986 (c. 45, SIF 66), s. 347(6)(a)(7)(8)

C2 S. 102 applied (1.9.1993) by S.I. 1993/2073, art.4(1).

Marginal Citations

M1 1709 c. 18.