Section 10
Application by under-tenant, lodger etc.
of Distress Act
(1)
Where any movable property of —
(a)
any under-tenant;
(b)
any lodger; or
(c)
any other person whatsoever, not being a tenant of the premises or of any part thereof and not having any beneficial interest in any tenancy of the premises or of any part thereof, has been seized under a writ of distress issued to recover arrears of rent due to a superior landlord from his immediate tenant, such under-tenant, lodger or other person may apply to a judge to discharge or suspend the writ, or to release a distrained article.
(2)
No order shall be made —
(a)
unless such under-tenant, lodger or other person satisfies the court that —
(i)
the tenant has no right of property of beneficial interest in the property; and
(ii)
such property is the property or in the lawful possession of such under-tenant, lodger or other person; and
(b)
in the case of an under-tenant or lodger, unless he —
(i)
pays to the landlord or into court an amount equal to the arrears of rent in respect of which distress has been levied; and
(ii)
undertakes to pay to the landlord future rent, if any, due from him to the tenant.
(3)
In no case shall —
(a)
an under-tenant paying at least 75 per cent of the full monthly letting value of the premises comprised in the under-tenancy;
or
(b)
a lodger,
Distress
B.L.R.O. 3/2009 7
be liable under this section to pay the landlord or into court, a sum greater than the rent which he owes to his immediate landlord.
(4)
For the purposes of this section and of sections 11 and 14, a lodger’s rent shall include such sum as he pays or owes to his immediate landlord for lodging, board, attendance and use of furniture.
Payments by under-tenant.