36. Distress for Rent Act, 1938 (Cap 293)

The Act provides for distress of a tenant for unpaid rent which entitles a landlord to enter their tenanted property and seize goods found at the property until the rent due is paid.

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· Section 3 provides that any person having any rent or rent service in arrear and due upon a grant, lease, demise or contract shall have the same remedy by distress for the recovery of that rent or rent service as is given by the common law of England in a similar case. This effectively enables a landlord or their authorized agent to act against a defaulting tenant by distressing their premises and/or goods to secure payment. Section 3(2) however provides that distress for rent shall not be done between sunset and sunrise or on Sunday. This is on account of humanitarian grounds.

· Section 4 provides that where goods have been distrained and the defaulting tenant fails to pay the unpaid rent alongside the costs of the distress within 14 days of being served with the notice and the distress, the person distraining may lawfully sell such goods or the best price obtainable to satisfy the unpaid rent and hand over any surplus, if any, to the owner/tenant. Under section 4(2), the owner/tenant may request within 7 days of the distress that the goods be sold under a public auction and the same shall be done with the surplus, if any, handed over to them. Under section 14(4), the period of 14 days may be extended by another 15 days if the tenant/owner of goods makes a request in writing to the landlord or person levying the distress and provides security for the additional costs that may be occasioned by extension of time.

· Section 5 provides that distress for rent may be done even following end of the lease, so long as the same is done within 6 months of such end of lease and during the possession of the tenant from whom the arrears became due.

· Section 9 allows the landlord to instruct an auctioneer to seize goods that have been fraudulently removed from premises by a defaulting tenant for the purpose of defeating levying for distress.

· Section 14 of the Act provides that if a tenant gives notice to a landlord of intention to quit premises held at a time mentioned in the notice and fails to deliver up possession as set out in the notice, the tenant shall pay double the rent payable for the period they continue in possession.

· Section 15 excuses any unlawful act done by a distrainer or their agent after levying distress from invalidating the said distress though the tenant can recover damages for any damage caused by the unlawful acts.

· Section 16 sets out the articles that are exempt from being distrained. They include: things in actual use or occupation of the person distrained upon at the time of the distress; property of the government; things of a perishable nature, or such as cannot be restored again in the same state and condition that they were before being taken or must necessarily be damaged by removal or severance; animals ferae naturae; wearing apparel and bedding of the persons whose goods and chattels are being distrained upon and the tools and implements of his trade to the total value of one hundred shillings, among others.