Section 1 BEFORE amended by 2023-10-63, effective March 30, 2023 (Royal Assent).
Payment by execution creditor of rent before removal of chattels taken in execution
1 No chattels being in or on any land that is or shall be leased for life or lives, term of years, or at will, or otherwise, are liable to be taken by virtue of any execution, unless the party at whose suit the said execution is sued out, before the removal of such chattels from the premises, by virtue of such execution or extent, pays to the landlord of the premises or the landlord's bailiff such sum of money as is due for rent for the premises at the time of the taking of the chattels by virtue of the execution, if the arrears of rent do not amount to more than one year's rent; and in case the said arrears exceed one year's rent, then the party at whose suit such execution is sued out, paying the said landlord or bailiff one year's rent, may proceed to execute his or her judgment, as he or she might have done heretofore; and the sheriff or other officer is empowered and required to levy and pay to the plaintiff as well the money so paid for rent as the execution money.
Section 3 BEFORE amended by 2023-10-64, effective March 30, 2023 (Royal Assent).
Rent in arrear on a lease expired may be distrained for after determination of lease
3 Any person having any rent in arrear or due on any lease for life or lives, or for years, or at will, ended or determined, may distrain for such arrears, after the determination of the said respective leases, in the same manner as he or she might have done if such lease or leases had not been ended or determined.
Section 6 BEFORE amended by 2023-10-65, effective March 30, 2023 (Royal Assent).
Tenants may appeal from justices
6 Proceedings under section 5 are subject to review in a summary way by any judge of the Supreme Court, who may order restitution to be made to the tenant together with his or her expenses and costs, to be paid by the landlord, or to make such order as the judge shall think fit; and in case the judge affirms the act of the justices, the judge may award such costs of appeal in favour of the landlord as may seem just.
Section 8 (2) BEFORE amended by 2023-10-66, effective March 30, 2023 (Royal Assent).
(2) Every person in whom any estate for life or lives, or for years, is from time to time vested by virtue of the new lease, and his or her personal representatives, are entitled to the rents, covenants and duties, and shall have like remedy for recovery thereof, and underlessees shall hold and enjoy the land in the respective underleases comprised as if the original leases out of which the respective underleases are derived had been still kept on foot and continued.
Section 11 BEFORE amended by 2023-10-66, effective March 30, 2023 (Royal Assent).
Certain other rents to be considered as within provisions of section 10
11 Rents reserved and made payable on any demise or lease of land determinable on the death of the person making the same (although such person was not strictly tenant for life thereof) or on the death of the life or lives for which the person was entitled to the land, shall, so far as respects the rents reserved by the lease, and the recovery of a proportion thereof by the person granting the same, his or her personal representatives, be considered as within the provisions of section 10.
Section 12 BEFORE amended by 2023-10-67, effective March 30, 2023 (Royal Assent).
Apportionment and recovery of rents, annuities, and payments due at fixed periods
12 All rents-service hereafter reserved on any lease by a tenant in fee or for any life interest, or by any lease granted under any power, and all rents-charge and other rents, annuities, pension, dividends, moduses, compositions, and all other payments of every description, made payable or coming due at fixed periods under any instrument that is hereafter executed, or (being a will or testamentary instrument) that comes into operation hereafter, shall be apportioned in such manner that on the death of any person interested in any such rents, annuities, pensions, dividends, moduses, compositions, or other payments as aforesaid, or in the estate, fund, office, or benefice from or in respect of which the same are issuing or derived, or on the determination by any other means of the interest of any such person, the person and his or her personal representatives, or assignees shall be entitled to a proportion of such rents, annuities, pensions, dividends, moduses, compositions, and other payments according to the time which has elapsed from the commencement or last period of payment thereof respectively (as the case may be), including the day of the death of the person or of the determination of his or her interest, all just allowances and deductions in respect of charges on such rents, annuities, pensions, dividends, moduses, compositions, and other payments being made; and that every such person, his or her personal representatives, and assignees, shall have the same remedies for recovering such apportioned parts of the said rents, annuities, pensions, dividends, moduses, compositions, and other payments, when the entire portion of which such apportioned parts form part becomes due and payable, and not before, as he or she or they would have had for recovering such entire rents, annuities, pensions, dividends, moduses, compositions, and other payments if entitled thereto, but so that persons liable to pay rents reserved by any lease or demise, and the land comprised therein, shall not be resorted to for such apportioned parts specifically as aforesaid, but the entire rents of which such portions shall form a part shall be received and recovered by the person who but for this section would have been entitled to such entire rents; and such portions shall be recoverable in any action from such person by the party entitled to the same under this Act.
Section 15 BEFORE amended by 2023-10-64, effective March 30, 2023 (Royal Assent).
Persons holding over land after expiration of lease to pay double yearly value
15 In case any tenant for any term of life, lives, or years or other person who comes into possession of any land by, from, or under, or by collusion with the tenant, wilfully holds over any land after the determination of any such term, and after demand made and notice in writing given for delivering the possession thereof by the landlord or lessor, or the person to whom the remainder or reversion of such land belongs, or that person's agent thereunto lawfully authorized, then and in such case the person so holding over shall, for and during the time he or she holds over or keeps the person entitled out of possession of the land pay to the person kept out of possession, or that person's personal representatives or assignees, at the rate of double the yearly value of the land so detained, for so long time as the same are detained, to be recovered in any court of competent jurisdiction.
Section 16 BEFORE amended by 2023-10-68, effective March 30, 2023 (Royal Assent).
Tenants holding premises after time they notify for quitting them to pay double rent
16 In case any tenant gives notice of his or her intention to quit the premises by him or her holden at a time mentioned in the notice, and does not deliver up possession thereof at such time, then the tenant or his or her personal representatives shall thenceforward pay to the landlord double the rent or sum which he or she shall otherwise have paid; to be levied and recovered at the same times and in the same manner as the single rent or sum before giving such notice could be levied or recovered; and such double rent or sum shall continue to be paid during all the time such tenant shall so continue in possession.
Section 17 definitions of "landlord" and "tenant" BEFORE amended by 2023-10-69, effective March 30, 2023 (Royal Assent).
"landlord" includes the lessor, owner, the person giving or permitting the occupation of the premises in question, and the person entitled to possession, and his or her heirs, assignees and legal representatives;
"tenant" includes an occupant, a subtenant, undertenant, and his or her assignees and legal representatives.
Section 21 (1) BEFORE amended by 2023-10-70, effective March 30, 2023 (Royal Assent).
(1) If at the time and place appointed under section 19 the tenant, having been notified as provided, fails to appear, the court, if it appears to it that the tenant wrongfully holds, may order a writ to issue to the sheriff, commanding him or her to place the landlord in possession of the premises in question.
Section 29 (3), (4) and (6) BEFORE amended by 2023-10-71, effective March 30, 2023 (Royal Assent).
(3) If the lessee is a tenant of premises the tenancy of which is not determined by the making of a receiving order or assignment, the custodian or trustee may surrender possession at any time, and the tenancy shall terminate, but nothing shall prevent the trustee from transferring or disposing of a lease or leasehold property, or an interest of the lessee, for the unexpired term to as full an extent as could have been done by the lessee had the receiving order or assignment not been made. If the lease contains a covenant, condition or agreement that the lessee or his or her assignees should not assign or sublet the premises without the leave or consent of the landlord or other person, the covenant, condition or agreement shall be of no effect in case of such a transfer or disposition of the lease or leasehold property if the Supreme Court, on the application of the trustee and after notice of the application to the landlord, approves the transfer or disposition proposed to be made of the lease or leasehold property. Before the person to whom the lease or leasehold property is transferred or disposed of is permitted to go into occupation, that person shall deposit with the landlord a sum equal to 3 months' rent, or supply to the landlord a guarantee bond approved by the court in a sum equal to 3 months' rent, as security to the landlord that the person will observe and perform the terms of the lease, but the amount deposited or secured to the landlord shall not exceed the rent for the term assigned or sublet.
(4) The custodian or trustee has the further right, at any time before surrendering possession, to disclaim any lease, and his or her entry into possession of the leased premises and their occupation by him or her while required for the purposes of the trust estate shall not be evidence of an intention on his or her part to elect to retain the premises, nor affect his or her right to disclaim or to surrender possession under this section. If after occupation of the leased premises the custodian or trustee elects to retain them and after assigns the lease to a person approved by the court as by subsection (3) provided, the liability of the trustee and of the estate of the debtor is, subject to the provisions of subsection (5), limited to the payment of rent for the period of time during which the custodian or trustee remains in possession of the leased premises for the purposes of the trust estate.
(6) The landlord may prove as a general creditor for
(a) all surplus rent accrued due at the date of the receiving order or assignment; and
(b) any accelerated rent to which he or she may be entitled under his or her lease, not exceeding an amount equal to 3 months' rent.