Western australia



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Western Australia

Distress for Rent Abolition Act 1936

Status of this document

This document is from an electronic database of legislation maintained by the Parliamentary Counsel’s Office of Western Australia.


Disclaimer

No warranty is given as to the accuracy or completeness of this document. The State of Western Australia and its agents and employees disclaim liability, whether in negligence or otherwise, for any loss or damage resulting from reliance on the accuracy or completeness of this document.


Reprint and consolidation numbering

The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. A consolidation described as “Consolidation 3a” would be the result of updating Reprint 3 for the first time to reflect the amendments since the date as at which Reprint 3 was prepared.

Reprint and consolidation numbering was implemented as from 1 January 2003.
Copyright

Copyright in this document is reserved to the Crown in right of the State of Western Australia. Reproduction except in accordance with copyright law is prohibited.


THE TEXT OF THE LEGISLATION FOLLOWS

Western Australia



Distress for Rent Abolition Act 1936

CONTENTS

1. Short title

2. Abolition of distress for rent due

3. Any distress for rent which is pending not to be proceeded with

4. Restriction of remedies of mortgagee or annuitant against tenant

5. Saving of right to recover by action

Notes

Compilation table

Compilation table



Western Australia

Distress for Rent Abolition Act 1936

An Act to abolish distress for rent and for other relative purposes.
1. Short title

This Act may be cited as the Distress for Rent Abolition Act 1936 1.
2. Abolition of distress for rent due

After the commencement of this Act no distress for rent shall be levied or made.
3. Any distress for rent which is pending not to be proceeded with

Where prior to the date of the commencement of this Act any person has levied or made any distress for rent and the goods and chattels distrained have not been sold, the distress shall not be proceeded with, and shall be deemed to be withdrawn without prejudice to the right of the person making the distress to recover the amount distrained for and the costs of making the distress from the person liable for the rent as a debt in any court of competent jurisdiction.
4. Restriction of remedies of mortgagee or annuitant against tenant

In lieu of the power of distress for rent contained in section 112 of the Transfer of Land Act 1893, as against the tenant or occupier for arrears of any interest or annuity therein referred to, the person to whom the interest or annuity is due may, subject to the proviso in the said section as to liability, recover the same in any court of competent jurisdiction as a debt from the occupier or tenant of the land mentioned in the mortgage or charge.
5. Saving of right to recover by action

Nothing in this Act shall prejudice or affect the right of a person to whom rent is due to recover the same as a debt from the person liable to pay the same in any court of competent jurisdiction.

[6. Repealed by No. 59 of 2004 s. 141.]

Notes


1 This is a compilation of the Distress for Rent Abolition Act 1936 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table


Short title

Number and year

Assent

Commencement

Distress for Rent Abolition Act 1936

38 of 1936

11 Dec 1936

11 Dec 1936

Distress for Rent Abolition Act Amendment Act 1941

14 of 1941

7 Nov 1941

7 Nov 1941

Residential Tenancies Act 1987 s. 89

128 of 1987

21 Jan 1988

1 Oct 1989 (see s. 2 and Gazette 18 Aug 1989 p. 2748)

Reprint 1: The Distress for Rent Abolition Act 1936 as at 4 July 2003
(includes amendments listed above)

Courts Legislation Amendment and Repeal Act 2004 s. 141

59 of 2004

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)





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