Act 255 Distress Act 1951
Act 255 Distress Act 1951
Act 255 Distress Act 1951
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LAWS OF MALAYSIA
REPRINT
Act 255
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
PREVIOUS REPRINT
Act 255
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Not to apply to Government rents
4. No distress otherwise than under this Act
5. Application for warrant of distress
6. Provision for distress by one of joint owners
7. Warrant of distress
8. Property exempted from seizure
9. Inventory and estimate of property seized, and notice to tenant of the
seizure
10. Application by under-tenant, lodger, etc., for discharge, suspension, or
release
11. Payments by under-tenant or lodger to superior landlord to be deemed
rent
12. Exclusion of certain goods
13. Exclusion of certain under-tenants
14. To avoid distress
15. Interpretation of sections 10 to 14
16. Application by tenant
17. Powers of court
18. Costs
19. Sale of property seized
20. Procedure where property seizable under a distress is already under
seizure by way of execution
21. Removal of goods to avoid distress
22. Where goods removed sold toAdam Haida
bona fide & Co
purchaser
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4 Laws of Malaysia ACT 255
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Section
Act 255
Short title
Interpretation
Warrant of distress
Provided that—
(i) no order shall be made unless such under-tenant, lodger
or other person aforesaid satisfies the court that the
immediate tenant has no right of property or beneficial
interest in such furniture, goods or chattels and that such
furniture, goods or chattels are the property or in the
lawful possession of such under-tenant, lodger or other
person aforesaid; and also in the case of an under-tenant
or lodger unless such under-tenant or lodger pays to the
landlord or into court an amount equal to the arrears of
rent in respect of which distress has been levied and also
undertakes to pay to the landlord future rent, if any, due
from him to the tenant; and
(ii) in no case shall such under-tenant paying at least three-
quarters of the full monthly letting value of the premises
comprised in the under-tenancy or lodger be liable under
this section to pay to the landlord or into court a sum
greater than the rent which he owes to his immediate
landlord.
To avoid distress
Interpretation of sections 10 to 14
15. In and for the purposes of sections 10, 11, 12, 13 and 14 the
words “superior landlord” shall be deemed to include a landlord
in cases where the goods seized are not those of an under-tenant
or lodger; and the words “tenant” and “under-tenant” do not include
a lodger.
Application by tenant
Powers of court
17. The Judge may, on any such application, deal with the matter
summarily and dismiss the application or discharge the warrant,
or order the release unconditionally or on such terms as he thinks
fit of any property seized, or may direct an issue to be tried, and,
pending the determination of such issue, suspend the execution of
the warrant, or may order the property to be sold and the proceeds
of sale to be lodged in court, or may make such other order on
such terms as he considers fair as between the parties pending the
final determination of the matter.
Costs
Provided that such payment shall not in any case exceed the
amount due for the last six months’ rent.
(2) The bailiff may, without an order to that effect, follow and
seize any such property discovered by him while in process of
removal.
22. (1) If any property so removed has been sold for fair value,
whether before or after removal, to a bona fide purchaser not
knowing or having the means of knowing that it was liable to
distress for non-payment of rent or was removed in order to hinder
or prevent the distraint thereof, it shall not be seized, or, if seized,
shall be restored to the purchaser.
Deserted premises
(3) If any such application is made, the Judge may make such
order for possession of the premises, and on such terms as to
payment of rent due or otherwise, as he deems fair as between the
parties, and for that purpose may direct that any preliminary question
be tried as an issue.
Penalty
24. Any person who sells or abets the sale of any property seized
under a warrant of distress in contravention of the provisions of
this Act or of any rules of court relating to the sale of property
seized under a warrant of distress, shall, on conviction, be liable
to a fine not exceeding five hundred ringgit or to imprisonment
for a term not exceeding three months.
Notice to quit
25. Where rent due by any tenant, otherwise than for a term
certain, of any house or premises to the landlord thereof has remained
unpaid for not less than fourteen days after payment thereof became
due and still remains unpaid, then, in the absence of an express
agreement between the parties to the contrary, any notice to quit
given by the landlord to the tenant shall, if the length thereof be
otherwise sufficient, expire on such day as may by the terms of
the notice be appointed for the expiration thereof, whether such
day coincide with the termination of some period of the tenancy
or not.
Adam Haida & Co
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Distress 15
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Repeal
26. (1) The written laws set out in the Schedule hereto are hereby
repealed to the extent specified in the third column of such Schedule.
SCHEDULE
[Section 26]
Act 255
LIST OF AMENDMENTS
Act 255
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
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