ADVOKS GLOBAL · KENYA
Distress for Rent Act
19. Under-tenant or lodger may make declaration that goods distrained are his property
Edition: 2022-12-31 · In force
19. Under-tenant or lodger may make declaration that goods distrained are his property
(1)If a superior landlord levies, or authorizes to be levied, a distress on any furniture, goods or chattels of—(a)an under-tenant liable to pay by equal instalments not less often than every quarter of a year a rent which would return in any whole year the full annual value of the premises or of such part thereof as is comprised in the under-tenancy; or(c)any other person not being a tenant of the premises or of any part thereof, and not having any beneficial interest in any tenancy of the premises or of any part thereof,for arrears of rent due to the superior landlord by his immediate tenant, the under-tenant, lodger or other person may serve the superior landlord, or the licensed auctioneer or other agent employed by him to levy distress, with a declaration in writing made by the under-tenant, lodger or other person, stating that the immediate tenant has no right of property or beneficial interest in the furniture, goods or chattels so distrained or threatened to be distrained upon, and that the furniture, goods or chattels are the property of or in the lawful possession of the under- tenant, lodger or other person, and are not goods or livestock to which this section is expressed not to apply; and also, in the case of an under-tenant or lodger, stating the amount of rent (if any) then due to his immediate landlord, and the times at which future instalments of rent will become due, and the amount thereof, and containing an undertaking to pay to the superior landlord any rent so due or to become due to his immediate landlord, until the arrears of rent in respect of which the distress was levied or authorized to be levied have been paid off.(2)To the declaration there shall be annexed a correct inventory, subscribed by the under-tenant, lodger or other person, of the furniture, goods and chattels referred to in the declaration.(3)If a tenant, lodger or other person makes or subscribes a declaration and inventory knowing either of them to be untrue in any material particular, he shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding two thousand shillings, or to both such imprisonment and fine.(4)The provisions of this section shall not apply—(a)to goods belonging to the husband or wife of the tenant whose rent is in arrear, nor to goods comprised in any bill of sale, chattels mortgage, hire purchase agreement or settlement made by the tenant, nor to goods in the possession, order or disposition of the tenant by the consent and permission of the true owner under such circumstances that the tenant is the reputed owner thereof; nor to any livestock to which section 25 applies;(b)to goods of a partner of the immediate tenant;(c)to 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)to 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 the same manner as a notice to quit) to remove the goods and vacate the premises;(e)to goods belonging to and in the offices of any company or corporation on premises the immediate tenant whereof is a director or officer, or in the employment, of that company or corporation:Provided that a subordinate court, upon application by the superior landlord, or any under-tenant or other person, upon hearing the parties may determine whether any goods are in fact goods covered by this subsection.