Distress Act

• Coming into Force: 30 November 2013
• copyrightNote: © Singapore legislation sourced from Singapore Statutes Online. It is subject to copyright of the Singapore Government and is reproduced with the permission of the Attorney-General’s Chambers of Singapore.
• Enactment Date: 01 January 1935
• Published date: 30 November 2013
• Record Number: Cap. 84
• Act Number: (Original Enactment: Ordinance 28 of 1934)

Distress Act

(CHAPTER 84)

(Original Enactment: Ordinance 28 of 1934)

REVISED EDITION 2013

(30th November 2013)

An Act relating to distress for rent.

[1st January 1935]

Short title

1. This Act may be cited as the Distress Act.

Interpretation

2. In this Act, unless the context otherwise requires — “judge” means a Judge of the High Court in all cases where proceedings are taken in the High Court, and means a District Judge in all cases where proceedings are taken in a District Court; “landlord” means the lessor or sub-lessor of any premises under any lease or agreement of tenancy, and includes any person claiming to be entitled in any capacity to receive rents due under any such lease or agreement; “prescribed form” means the form prescribed by the Rules of Court; “registrar” means a Registrar, a Deputy Registrar or an Assistant Registrar of the Supreme Court in all cases where proceedings are taken in the High Court and means a Registrar, a Deputy Registrar or an Assistant Registrar of a District Court in all cases where proceedings are taken in a District Court; “sheriff” includes a bailiff of a District Court in all cases where proceedings are taken in a District Court; “tenant” means any person from whom a landlord claims rent to be due under any such lease or agreement. [19/35; 30/38; 57/40; 16/93; S 71/96]

Act not to apply to Government rents

3. This Act shall not apply to rents due to the Government.

No distress otherwise than under this Act

4. No landlord shall distrain for rent except in the manner provided by this Act.

Application for writ of distress

5.—(1) A landlord or his agent duly authorised in writing may apply ex parte to a judge or registrar for an order for the issue of a writ, to be called a writ of distress, for the recovery of rent due or payable to the landlord by a tenant of any premises for a period not exceeding 12 completed months of the tenancy immediately preceding the date of the application; and the judge or registrar may make such order accordingly. [30/38] (2) Such authority may be in the prescribed form, with such variations as circumstances require, and shall be produced at the time of the application. (3) Arrears of rent may be distrained for after the determination of the tenancy, provided that either the tenant is still in occupation of the premises in respect of which the rent is claimed to be due, or any goods of the tenant are still on the premises.

Provision for distress by one of joint owners

6. Where a right to a distraint accrues to persons jointly or together interested in any premises, such right may be exercised by any one of such persons in his own name and the names of those jointly or together interested with him, and the levy shall be a complete discharge to the defendant for the amount recovered; but the judge or registrar may in any case require the party so applying to produce a written authority to distrain, signed by the other persons jointly or together interested with him. [30/38]

Writ of distress

7. A writ of distress shall be addressed to the sheriff, directing him forthwith to distrain any movable property found by him on the premises named therein, or such part of the property as may in his judgment be sufficient, when sold, to realise the amount of rent therein stated to be due to the applicant, together with such sum as may be due to the applicant by way of costs and to the sheriff for his fees and expenses.

Property exempted from seizure

8. Property seizable under a writ of distress shall not include — (a) things in actual use in the hands of a person at the time of the seizure; (b) tools and implements not in use where there is other movable property in or upon the house or premises sufficient to cover such amount and costs; (c) the tenant’s necessary wearing apparel and necessary bedding for himself and his family; (d) goods in the possession of the tenant for the purpose of being carried, wrought, worked up, or otherwise dealt with in the course of his ordinary trade or business; (e) goods belonging to guests at an inn; and (f) goods in the custody of the law. [26/95]

Inventory and estimate of property seized, and notice to tenant of seizure

9.—(1) After seizing any property under a writ of distress, the sheriff shall make an inventory and an approximate valuation thereof, and shall give to the tenant a notice of the seizure in the prescribed form, with a copy of the inventory and valuation attached, informing him of the amount due under the writ and that the property seized will be sold at a time and place to be named therein (not being less than 6 days from the date thereof), unless he pays the amount due within 5 days from the date thereof, or obtains an order restraining such sale. (2) If the tenant is not on the premises, such notice may be given to any person appearing to be in occupation thereof, or if there is no such person, by posting it in some conspicuous place thereon.

Application by under-tenant, lodger, etc., for discharge, suspension or release

10.—(1) Where any movable property of — (a) any under-tenant; (b) any lodger; or (c) any other person whatsoever not being a tenant of the premises or any part thereof, and not having any beneficial interest in any tenancy of the premises or of any part thereof, has been seized under a writ of distress issued to recover arrears of rent due to a superior landlord by his immediate tenant, such under-tenant, lodger or other person may apply to a judge to discharge or suspend the writ, or to release a distrained article. [57/40] (2) No order shall be made unless such under-tenant, lodger or other person satisfies the court that the tenant has no right of property or beneficial interest in the furniture, goods or chattels and that such furniture, goods or chattels are the property or in the lawful possession of such under-tenant, lodger or other person; and also in the case of an under-tenant or a lodger unless such under-tenant or lodger pays to the landlord or into court an amount equal to the arrears of rent in respect of which distress has been levied and also undertakes to pay to the landlord future rent, if any, due from him to the tenant. [19/35] (3) In no case shall such under-tenant paying at least 75% of the full monthly letting value of the premises comprised in the under-tenancy or lodger be liable under this section to pay to the landlord or into court a sum greater than the rent which he owes to his immediate landlord. (4) For the purposes of this section and of sections 11 and 14, a lodger’s rent shall include such sum as he pays or owes to his immediate landlord for lodging, board, attendance and use of furniture.

Payments by under-tenant or lodger to superior landlord to be deemed rent

11.—(1) For the purposes of the recovery of any sums payable by an under-tenant or a lodger to a superior landlord under the undertaking specified in section 10, or under a notice served in accordance with section 14, the under-tenant or lodger shall be deemed to be the immediate tenant of the superior landlord, and the sums payable shall be deemed to be rent. (2) Where the under-tenant or lodger has, in pursuance of any such undertaking or notice, paid any sums to the superior landlord, the under-tenant or lodger may deduct the amount thereof from any rent due or which may become due from him to his immediate landlord, and any person (other than the tenant for whose rent the distress is levied or authorised to be levied) from whose rent a deduction has been made in respect of such a payment may make the like deductions from any rent due or which may become due from him to his immediate landlord.

Exclusion of certain goods

12. Section 10 shall not apply to — (a) goods belonging to the husband or wife of the tenant whose rent is in arrear, or to goods comprised in any bill of sale, hire‑purchase agreement, or settlement made by such tenant, or to goods in the possession, order or disposition of such tenant by the consent and permission of the true owner under such circumstances that such tenant is the reputed owner thereof; (b) goods of a partner of the immediate tenant; (c) goods (not being goods of a lodger) upon premises where any trade or business is carried on in which both the immediate tenant and the under-tenant have an interest; (d) goods (not being goods of a lodger) on premises used as offices or warehouses where the owner of the goods neglects for one calendar month after notice (which shall be given in like manner as a notice to quit) to remove the goods and vacate the premises; or (e) goods belonging to and in the offices of any company or corporation on premises the immediate tenant whereof is a director or an officer, or is in the employment of such company or corporation.

Exclusion of certain under-tenants

13. Section 10 shall not apply to any under-tenant where the under‑tenancy has been created in breach of any covenant or agreement in writing between the landlord and his immediate tenant.

Avoidance of distress

14. Where the rent of the immediate tenant of the superior landlord is in arrear, it shall be lawful for the superior landlord to serve on any under-tenant or lodger a notice (by registered post addressed to the under-tenant or lodger at the premises) stating the amount of such arrears of rent, and requiring all future payments of rent, whether the same has already accrued due or not, by the under-tenant or lodger to be made direct to the superior landlord giving the notice until such arrears shall have been duly paid, and the notice shall operate to transfer to the superior landlord the right to recover, receive and give a discharge for the rent.

Interpretation of sections 10 to 14

15. For the purposes of sections 10 to 14, “superior landlord” shall be deemed to include a landlord in cases where the goods seized are not those of an under-tenant or a lodger; and “tenant” and “under‑tenant” shall not include a lodger.

Application by tenant

16. The tenant may apply to a judge to discharge or suspend the execution of the writ, or to release any part

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