Table of Contents (Display details)

• Landlord and Tenant 
• 1 Short title
• PART I Interpretation
  • 2 Interpretation
• PART II Attornment
  • 3 Repealed by 1979-11....
  • 4 Repealed by 1979-11....
  • 5 Repealed by 1979-11....
  • 6 Repealed by 1979-11....
  • 7 Repealed by 1979-11....
  • 8 Repealed by 1979-11....
• PART III Apportionment
  • 9 Repealed by 1979—11....
  • 10 Portion of rent may be recovered by executors of tenant for life
  • 11 Landlord may recover portion of rent if premises attached
  • 12 Apportionment of rents, annuities, pensions, dividends, etc., on death of person to whom such interest is due
• PART IV Distress
  • 13 Cattle, etc., and all sorts of produce may be distrained
  • 14 Growing crops may be distrained
  • 15 Distraint of rent after determination of lease
  • 16 Goods fraudulently removed may within thirty days be distrained and sold
  • 17 Saving for bona fide purchaser
  • 18 Penalty on tenants and persons assisting them in removing goods fraudulently
  • 19 Houses, etc., to which goods are fraudulently removed may be broken open with assistance of a constable
  • 20 For rent not exceeding $240 p.a. redress by warrant for a wrongful distress before magistrate
  • 21 Magistrate to enquire into right to distrained goods claimed by a stranger
  • 22 Proceedings to be stayed on application to magistrate
  • 23 In replevin, what constitutes sufficient defence
  • 24 Chief Marshal to proceed in replevin of a distress
  • 25 Lodger, if distress levied, to make declaration that immediate tenant has no property in goods distrained
  • 26 Penalty for distress after declaration by lodger
  • 27 Effect of payments by lodgers to superior landlord
  • 28 Distress not deemed unlawful for irregularity, but party aggrieved may recover special damage
  • 29 No action where amends tendered before action brought
  • 30 Distress for rent may be sold
  • 31 For rescous of distrained goods treble damages and costs recoverable
  • 32 Double the value may be recovered against a party distraining and selling goods when no rent due
  • 33 Landlord may plead general issue and give special matter in evidence
• PART V Summary Recovery of Possession
  • 34 Where lands etc. are deserted, how landlord may proceed to obtain possession, etc.
  • 35 Recovering possession of tenements held at will or for a term of not more than 7 years and at an annual rent not exceeding $10 000, after the tenancy has been duly determined
  • 36 Manner of serving the notice of intention to proceed
  • 37 Proceedings in cases of parties claiming possession who have no title
  • 38 Bond to be given by the party disputing the title to pay costs in the event of judgment going against him
  • 39 Protection to magistrate and officer issuing and serving process
  • 40 Parties having a title not to be deemed trespassers by reason of any informality in the proceedings
  • 41 Tenement held by servant where no term has been fixed or no rent receivable or where occupancy incidental to service
  • 42 Ejectment of servants holding as incident to service
  • 43 Compensation for fruit trees, and unexhausted farming works
  • 44 Amount of compensation
  • 45 Act not to work as incidental tenancy where not previously so
  • 46 Fees of magistrates and constables
  • 47 Value of crops and compensation for fruit trees and unexhausted farming works
  • 48 How value and compensation are to be assessed and recovered
• PART VI Miscellaneous
  • 49 Tenant to whom declaration in ejectment delivered to give notice forthwith to his landlord
  • 50 Landlord may be made defendant with tenant in ejectment
  • 51 Landlord may recover reasonable satisfaction for lands occupied where agreement is not by deed
  • 52 Goods not to be taken in execution without the rent due, not exceeding one year, being paid to the landlord
  • 53 Protection of persons acting under authority of Act