10. Application by under-tenant, lodger, etc., for discharge, suspension or release
Feedback & supportWhere any movable property of —
any under-tenant;
any lodger; or
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.
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.
tenant
“tenant” means any person from whom a landlord claims rent to be due under any such lease or agreement.
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.
landlord
“landlord” means the lessor or sublessor 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;
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.