Section 35 Sheriffs and Civil Process Act

Section 35 of the Sheriffs and Civil Process Act 1945 is about Claims for rent where goods seized in execution. It provides as follows:

(1) The landlord of every premises in which any goods are seized may claim the rent of the premises in arrears at the date of the seizure, at any time within five days next following that date, or before the removal of the goods, by delivering to the bailiff or officer making the levy a claim in writing signed by himself or his agent, stating-

(a) the amount of the rent claimed to be in arrear; and
(b) the period in respect of which the rent is due.

(2) Where such a claim is made, the bailiff or officer making the levy shall in addition thereto distrain for the rent so claimed and the cost of the distress, and shall not within five days next after the distress, sell any part of the goods seized, unless-
(a) the goods are of a perishable nature; or
(b) the person whose goods have been seized so requests in writing.

(3) The bailiff shall afterwards sell under the execution and distress such of the goods as will satisfy-
(a) first, the costs of and incidental to the sale;

(b) next, the claim of the landlord not exceeding-
(i) in a case where the tenement is let by the week, four weeks’ rent;
(ii) in a case where the tenement is let for any other term less than a year,
the rent of two terms of payment;
(iii) in any other case, one year’s rent; and
(c) lastly, the amount for which the writ of execution issued.

(4) If any replevin is made of the goods seized the bailiff shall nevertheless sell such portion thereof as will satisfy the costs of and incidental to the sale under the execution and the amount for which the writ of execution issued.

(5) In any event the surplus of the sale, if any, and the residue of the goods shall be returned to the judgment debtor.

(6) The fees of the court and bailiff for keeping possession and sale under any such distress shall be the same as would have been payable if the distress had been an execution of the court, and no other fees shall be demanded or taken in respect thereof.

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