Textual Amendments
F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
34.1.(1)In an action for sequestration and sale—
(a)for non-payment of rent,
(b)for recovery of rent, or
(c)in security of rent,
whether brought before or after the term of payment, payment of rent may be craved; and decree for payment of such rent or part of it, when due and payable, may be pronounced and extracted in common form.
(2)There shall be served on the defender in such an action, with the initial writ, warrant and citation, a notice in Form H1.
Textual Amendments
F2Words in rule 34.1 heading substituted (1.11.1996) by S.I. 1996/2445, para. 3(57)
Prospective
34.2.(1)In the first deliverance on an initial writ for sequestration and sale, the sheriff may sequestrate the effects of the tenant, and grant warrant to inventory and secure them.
(2)A warrant to sequestrate, inventory, sell, eject or relet shall include authority to open F3. . . shut and lockfast places for the purpose of executing such warrant.
Textual Amendments
F3Rule 34.2(2): comma omitted (1.11.1996) by S.I. 1996/2445, para. 3(58)
34.3.(1)In an action for sequestration and sale, the sheriff may order the sequestrated effects to be sold by a sheriff officer or other named person.
(2)Where a sale follows an order under paragraph (1), the sale shall be reported within 14 days after the date of the sale and the pursuer shall lodge with the sheriff clerk the roup rolls or certified copies of them and a state of debt.
(3)In the interlocutor approving the report of sale, or by separate interlocutor, the sheriff may grant decree against the defender for any balance remaining due.
Prospective
34.4.The sheriff may, at any stage of an action for sequestration and sale appoint a fit person to take charge of the sequestrated effects, or may require the tenant to find caution that they shall be made available.