5. Application for writ of distress
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A landlord or an agent authorised in writing may ask a judge or registrar for a writ of distress. The writ recovers rent owed for up to 12 completed months of the tenancy just before the application. Unpaid rent can be distrained for after the tenancy ends if the tenant still occupies the premises or their goods remain there.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Last amended by an amending law of 2021.
A landlord or his agent duly authorised in writing may apply by way of an application without notice 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.
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;
Such authority may be in the prescribed form, with such variations as circumstances require, and shall be produced at the time of the application.
prescribed form
“prescribed form” means the form prescribed by the Rules of Court;
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.
tenant
“tenant” means any person from whom a landlord claims rent to be due under any such lease or agreement.