c i e

AT 10 of 1954

RECOVERY OF RENT ACT 1954

Recovery of Rent Act 1954 Index

c i e RECOVERY OF RENT ACT 1954

Index Section Page

1 Short title ...... 5 2 Saving clauses ...... 5 3 Interpretation ...... 5 4 ’s preference ...... 6 5 Goods liable for rent ...... 7 6 Sub-tenant’s and lodger’s goods conditionally liable for rent ...... 7 7 Landlord’s power to arrest ...... 8 8 Live stock taken by a tenant for feeding, exempt from seizure for rent under certain conditions ...... 9 9 Goods on property in which a trade is carried on, exempt from arrest for rent ...... 10 10 Goods exempted from arrest for rent ...... 10 11 [Repealed] ...... 10 12 Commencement of Act ...... 10

SCHEDULE 11

ENDNOTES 13 TABLE OF HISTORY 13 TABLE OF RENUMBERED PROVISIONS 13 TABLE OF ENDNOTE REFERENCES 13

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Recovery of Rent Act 1954 Section 1

c i e RECOVERY OF RENT ACT 1954 Received Royal Assent: 21 December 1954 Passed: 15 February 1955 Commenced: 15 February 1955

AN ACT to declare and amend the in regard to the recovery of rent of .

GENERAL NOTE: The maximum fines in this Act are as increased by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.

1 Short title (1) This Act may be cited as the Recovery of Rent Act, 1954. (2) This Act shall be construed as one with the Landlord and Tenant Act, 1954, the Tenancies (Implied Terms) Act, 1954, and the (Leases and Tenancies) Act, 1954, and such Acts and this Act may be together cited as the Landlord and Tenant Acts, 1954.

2 Saving clauses Where any of the provisions of this Act, are inconsistent with any of the provisions of the Rent Restrictions Acts for the time being in force, the Agricultural Holdings Acts for the time being in force, or the Tenancy of Business Premises Act for the time being in force, the provisions of those Acts shall prevail.

3 Interpretation In this Act, except where the context otherwise requires, or where it is otherwise expressly provided, the following expressions have the meanings hereby respectively assigned to them, that is to say — “Court” or “High Court” means the High Court of Justice of the Isle of Man. “coroner” includes lockman or any officer charged with the enforcement of any execution or the execution of any process.

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Section 4 Recovery of Rent Act 1954

“ of tenancy” means a letting, or agreement for letting, of property within the meaning of the Landlord and Tenant Act, 1954. “determination of tenancy” means the cesser of a contract of tenancy by reason of effluxion of time, or from any other cause. “debtor” means any person liable to the payment of rent. “goods” includes all chattels personal (other than things in action), emblements, crops and tenant’s fixtures. “landlord” means any person who under any contract of tenancy is, as between himself and the tenant for the time being, entitled to the rents and profits of the property payable under the contract of tenancy. “property” means land, messuages, tenements and hereditaments, houses and buildings of any tenure, any interest in land, and any or right in, to and over land. “rent” means the sum of money or other ascertainable consideration payable by the tenant for the possession of the property under the contract of tenancy. “tenant” means any person entitled in possession to the property under any contract of tenancy, whether the interest of such tenant was acquired by original contract, , operation of law or otherwise.

4 Landlord’s preference (1) When the respective priorities of creditors are to be ascertained, there shall be paid in priority to all debts, save as provided by section 3 of the Preferential Payments Act, 1908, all rent out of any holding of property, both being in arrear at the date hereinafter mentioned, and then accruing due in respect of the current period, provided that such rent shall not be in respect of a period longer than one year. Provided always, any agreement to the contrary notwithstanding, where under a condition for re-entry a landlord re-enters and determines a tenancy any rent payable in respect of the tenancy shall cease from the end of the current period. (2) All rent other than the rent referred to in this section shall be a common debt, and a landlord shall be entitled in respect of non-payment thereof to the same remedies as a common creditor. (3) The date in this section referred to is, as the case may be — (a) in the case of a landlord’s arrest, the date of the order of arrest; (b) in the case of an enforcement of an execution by arrest and sale, the date of such enforcement;1 (c) in the case of proceedings under the Bankruptcy Code for the time being in force, the date of the receiving order, or the date of the

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Recovery of Rent Act 1954 Section 5

registration of the of arrangement, or the date of the order of adjudication, whichever shall first happen; (d) in the case of a dissolution of a partnership, the date of the filing of the action, provided that it is followed by dissolution; (e) in the case of a liquidation of a company registered under the Companies Act for the time being in force, the date of the commencement of the liquidation; (f) in the case of an order made for the administration, winding up and distribution of the estates real and personal of a deceadant, the date of the death of the deceadant. (4) In this section, the expression ‘current period’ means — (i) in the case of a tenancy for years, the current year, or the period until the end of the term, whichever is the shorter; (ii) in the case of an annual tenancy, the current year; (iii) in the case of a quarterly tenancy, the current quarter; (iv) in the case of a monthly tenancy, the current month; (v) in the case of a lunar monthly tenancy, the current four weeks; (vi) in the case of a weekly tenancy, the current week.

5 Goods liable for rent Except as provided by sections 6, 8, 9 and 10 hereof, and as provided by any other Act not repealed by this Act, there shall be liable for the payment of the rent referred to in section 4(1) hereof, all goods upon the demised property at the appropriate date mentioned in section 4(3) hereof (or the proceeds of sale of the said goods) or which, being the property of the debtor, have been removed therefrom, whereby such payment might have been defeated or delayed: Provided that no sale or assignment of any goods of the debtor, though made for a valuable consideration, shall be deemed good against the liability for such rent unless there are goods left sufficient to pay the same. Provided further that goods in fact belonging to the debtor whether upon the demised premises or elsewhere shall first be applied towards the payment of the rent referred to in section 4(1) hereof before any goods upon the demised premises but not in fact belonging to the debtor shall be so applied towards payment of the said rent.

6 Sub-tenant’s and lodger’s goods conditionally liable for rent [LTA 1908/8 (amended)] (1) If any superior landlord arrests or levies an execution upon the goods of any sub-tenant, for any rent due or accruing due, to such superior landlord by his immediate tenant, such sub-tenant may serve upon such superior landlord or any coroner executing such arrest or execution, a c AT 10 of 1954 Page 7

Section 7 Recovery of Rent Act 1954

declaration in writing, setting forth that such immediate tenant has no right of property or beneficial interest in the goods so arrested or levied upon, or threatened to be arrested or levied upon, and that such goods are the property of or in the lawful possession of such sub-tenant, and also setting forth whether any and what rent is due, and for what period, from such sub-tenant to his immediate landlord; and such sub-tenant may pay to the superior landlord or coroner, the rent, if any, so due as last aforesaid, or so much thereof as shall be sufficient to discharge the claim of such superior landlord; and to such declaration shall be annexed a correct inventory, subscribed by the sub-tenant, of the goods referred to in the declaration, and upon the service of such declaration and payment as aforesaid, the goods of such sub-tenant shall cease to be liable for such rent or to be arrested or levied upon therefor. If any sub-tenant shall make or subscribe such declaration, or inventory, knowing the same or either of them to be untrue in any material particular, he shall be deemed guilty of an offence against the provisions of this subsection, and shall be liable on summary conviction to a fine not exceeding £200. (2) If any superior landlord or any coroner shall, after being served with the beforementioned declaration and inventory, and after the sub-tenant shall have paid or tendered to such superior landlord or coroner the rent (if any) which by subsection (1) hereof such sub-tenant is authorised to pay, shall enforce or proceed with an execution on the goods of the sub- tenant, such superior landlord or coroner shall be deemed guilty of an illegal act, and the sub-tenant may apply to a high-bailiff for an order for the restoration to him of such goods; and such application shall be heard before such high-Bailiff, who shall inquire into the truth of such declaration and inventory, and shall make such order for the recovery of the goods or otherwise as to him may seem just, and the superior landlord shall also be liable to an action at law at the suit of the sub- tenant, in which action the truth of the declaration and inventory may likewise be inquired into. (3) Any payment made by any sub-tenant pursuant to this section hereof shall be deemed a valid payment on account of any rent due by him to his immediate landlord. (4) For the purposes of this section, a sub-tenant includes a lodger. (5) For the purposes of this section, the expression ‘rent’ in the case of a lodger means payment by a lodger for the use of apartments, whether furnished or not, and also for domestic service or other participation in the general economy of the property.

7 Landlord’s power to arrest (1) Where goods liable for the payment of any rent referred to in section 4 hereof due or accruing due are, or there is reasonable ground to apprehend are about to be, removed from off the premises in respect of

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Recovery of Rent Act 1954 Section 8

which such rent is reserved, whereby such payment may be defeated or delayed, a judge of the High Court may, upon the application in summary manner of the landlord or his agent, issue to the coroner an order of arrest directing him to arrest forthwith and secure so much of the goods upon the said premises, or which, being the property of the debtor, have been so removed therefrom, as will be sufficient to discharge the said rent when the same becomes due, unless security be given for payment thereof. (2) Every such application shall be supported by the affidavit of the landlord or his agent, which shall state the grounds for such apprehension, and shall contain such other particulars as a judge of the High Court may from time to time by rule require.

(3) There shall be first payable out of such goods such charges as may be payable to the coroner. (4) The tenant may, within fourteen days from the date of the arrest which is made under the order, apply to a judge of the High Court to have the order set aside for good cause. The tenant shall give to the landlord such notice of the hearing of the application as the judge shall direct. (5) No sale or assignment of such goods, although made for a valuable consideration, shall be deemed good against the liability for such rent unless there are goods left sufficient to pay the same. (6) This section shall apply only in the case of a tenancy which is a tenancy for a term of years not less than one year or an annual tenancy.

8 Live stock taken by a tenant for feeding, exempt from seizure for rent under certain conditions [LTA 1908/7] Right to redeem stock on payment of cost of feeding Exemption as to live stock used for breeding (1) Where live stock belonging to another person has been taken in by the tenant of a property to be fed at a fair price agreed to be paid for such feeding by the owner of such stock to the tenant, such stock shall not be seized under execution or arrest for rent where there are other sufficient goods to be found, and if so seized or arrested by reason of other sufficient goods not being found, there shall not be recovered by such seizure a sum exceeding the amount of the price so agreed to be paid for the feeding, or if any part of such price has been paid, exceeding the amount remaining unpaid. (2) The owner of such stock may, at any time before it is sold, redeem such stock by paying to the landlord a sum equal to such price aforesaid, and any payment so made to the landlord shall be in full discharge as against the tenant of any sum of the like amount which would be otherwise due c AT 10 of 1954 Page 9

Section 9 Recovery of Rent Act 1954

from the owner of the stock to the tenant in respect of the price of feeding: Provided always, that so long as any portion of such live stock shall remain on the said property the right to seize or arrest such portion shall continue to the full extent of the price originally agreed to be paid for the feeding of the whole of such live stock, or if part of such price has been bona fide paid to the tenant under the agreement then to the full extent of the price then remaining unpaid. (3) Live stock of all kinds which is the bona fide property of a person other than the tenant, and is on the premises of the tenant solely for breeding purposes, shall not be seized or arrested for rent.

9 Goods on property in which a trade is carried on, exempt from arrest for rent Any goods which are on property in which a public trade is carried on, to be carried, carved, wrought, managed or dealt with in the way of such trade, or to have labour or skill bestowed on them, but do not belong to the debtor shall not be liable for payment of the rent referred to in section 4 of this Act.

10 Goods exempted from arrest for rent The following goods shall not be liable to be taken in execution in respect of rent, or to be arrested for rent, namely — (a) the property of the debtor which is not divisible amongst creditors under section 27 of the Bankruptcy Code 1892; and2 (b) the wearing apparel, tools and implements of the trade of each member of the family of the debtor.

11 [Repealed]3

12 Commencement of Act This Act shall come into operation when the Royal, Assent thereto has been announced by the Governor to Tynwald and a certificate thereof has been signed by the Governor and the Speaker of the House of Keys.

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Recovery of Rent Act 1954 Schedule

SCHEDULE4

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Recovery of Rent Act 1954 Endnotes

ENDNOTES

Table of Legislation History Legislation Year and No Commencement

Table of Renumbered Provisions Original Current

Table of Endnote References

1 Para (b) amended by Administration of Justice Act 1981 Sch 5. 2 Para (a) substituted by Bankruptcy Act 1988 s 3. 3 S 11 repealed by Statute Law Revision Act 1983 Sch 2. 4 Schedule repealed by Statute Law Revision Act 1983 Sch 2.

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