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Distress for Rent Act 1737

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Distress for Rent Act 1737

1737 CHAPTER 19 11 Geo 2

An Act for the more effectual securing the Payment of Rents, and preventing Frauds by Tenants.

Whereas the several laws heretofore made for the better security of rents, and to prevent frauds committed by tenants, have not proved sufficient to obtain the good ends and purposes designed thereby, but rather the fraudulent practices of tenants, and the mischief intended by the said Acts to be prevented have of late years increased, to the great loss and damage of their lessors or landlords:

Modifications etc. (not altering text)

C1Short title given by Short Titles Act 1896 (c. 14)

F11 Landlords may distrain and sell goods fraudulently carried off the premisses within 30 days,E+W+S

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F12 unless sold to any person not privy to the fraud.E+W+S

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F13 Penalty on the said fraud, or assisting thereto. E+W+S

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F14 If the goods exceed not the value of £50, landlords to have recourse to 2 justices.E+W+S

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F15 Appeal to the quarter-sessions.E+W+S

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F16Provided also, that where the party appealing shall enter intoE+W+S

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F17 Landlords may break open houses to seize goods fraudulently secured therein;E+W+S

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F18 and may distrain stock or cattle on the premisses, for arrears of rent.E+W+S

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F19 Tenants to have notice of the place where the distress is lodged. Distress of corn, &c. to cease, if rent be paid before it be cut.E+W+S

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F110 Distresses may be secured, and sold on the premisses.E+W+S

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11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S

Textual Amendments

12—13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S

Textual Amendments

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W+S

Textual Amendments

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W+S

Textual Amendments

F616 Provision for landlords, where tenants desert the premisses. E+W+S

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F717 Tenants may appeal from the justices. E+W+S

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18 Tenants holding after the time they notify for quitting, to pay double rent.E+W+S

And whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premisses by them holden, and yet refusing to deliver up the possession when the landlord hath agreed with another tenant for the same: from and after the said twenty fourth day of June one thousand seven hundred and thirty eight, in case any tenant or tenants shall give notice of his, her, or their intention to quit the premisses by him, her, or them holden, at a time mentioned in such notice, and shall not accordingly deliver up the possession thereof at the time in such notice contained, that then the said tenant or tenants, his, her, or their executors or administrators, shall from thenceforward pay to the landlord or landlords, lessor or lessors, double the rent or sum which he, she, or they should otherwise have paid, to be levied, sued for, and recovered at the same times and in the same manner as the single rent or sum, before the giving such notice, could be levied, sued for, or recovered; and such double rent or sum shall continue to be paid during all the time such tenant or tenants shall continue in possession as aforesaid.

[F818A.

(1)Section 18 does not apply if the lease is an occupation contract in relation to a dwelling in Wales.

(2)In this section, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)

(a)occupation contract” (see section 7 of that Act), and

(b)dwelling” (see section 246 of that Act).]

F919 Distresses for rent not unlawful, &c. for any irregularity in the disposition of them;E+W+S

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20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S

Textual Amendments

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S

Textual Amendments

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W+S

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W+S

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