20. Procedure where property seizable under distress is already under seizure under or pursuant to enforcement order
Feedback & supportLast amended by an amending law of 2021.
Where any property liable to be seized under a writ of distress has already been seized under an enforcement order issued by any court, it shall not be seized under the writ of distress so long as it remains under such seizure; but the officer in possession under the enforcement order shall be notified of the writ of distress, and shall thereupon be liable to pay out of the proceeds of sale of the goods seized by him, after payment thereout of the expenses of the sale, but in priority to any other payment the amount appearing to be due to the landlord except that such payment shall not in any case exceed the amount due for the last 6 months’ rent.
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;
The officer in possession under the enforcement order shall, on being notified as provided in subsection (1), give notice in writing to the enforcement creditor and the enforcement debtor of the writ of distress.
Notice to the enforcement debtor may be given by affixing it to the premises on which the goods were seized.
The enforcement creditor or the enforcement debtor may apply to the court to discharge or suspend the writ of distress, and the court may then exercise all or any of such powers as are provided in sections 17 and 18 in the case of an application under section 16.