Section 23

any premises are let at a rack rent or a rent not less than three-fourths of its annual value;

rent is in arrears for not less than two months of the tenancy; and

the tenant has abandoned possession of the premises and left thereon no sufficient property out of which arrears of rent may be recovered by distress, a Judge may, on the application of the landlord, authorize the bailiff to enter on the premises, using such force as may be necessary to effect an entry into any building thereon, and take possession thereof; and the bailiff shall in such case enter on the premises and affix in a conspicuous place thereon a notice that possession thereof will be delivered to the landlord, unless within ten days a Judge, on the application of any person interested, otherwise orders.

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If no such application is made within ten days, the bailiff shall put the landlord in possession of the premises, and the lease or agreement of tenancy shall therefrom be deemed to be determined.

If any such application is made, the Judge may make such order for possession of the premises, and on such terms as to payment of rent due or otherwise, as he deems fair as between the parties, and for that purpose may direct that any preliminary question be tried as an issue.

An order made under this section may be discharged for sufficient reason and on such terms as the Judge deems fair, on application by any person interested, notwithstanding that the period thereby prescribed has expired.

An order made under this section shall be deemed to be a warrant of distress for the purposes of section 72 and proviso (b)

to subsection 93(1) of the Subordinate Courts Act 1948 [Act 92].

Penalty