DISTRESS ACT 1951

This Act may be cited as the Distress Act 1951.

“bailiff” includes a Sheriff in the High Court;

“Judge” means a Judge of the High Court in all cases where proceedings are taken in the High Court, a Sessions Court Judge in all cases where proceedings are taken in a Sessions Court, and a First Class Magistrate in all cases where proceedings are taken in a Magistrates’ Court;

“landlord” means the lessor or sub-lessor of any premises, under any lease, sub-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;

“Peninsular Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the *Federal Territory.

“prescribed form” means the form prescribed by any rules of practice and procedure in force in the court where the proceedings are taken;

*NOTE—“Federal Territory” refers to the Federal Territory of Kuala Lumpur and Labuan–see

P.U. (A) 355/1985.

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“Registrar” means the Registrar or an Assistant Registrar of the

High Court in all cases where proceedings are taken in the High

Court, the Registrar of the Subordinate Court in all cases where proceedings are taken in a Sessions Court, and a Magistrate in all cases where proceedings are taken in a Magistrates’ Court;

“tenant” means any person from whom a landlord claims rent to be due under any lease, sub-lease or agreement;

This Act shall not apply to rents due to the Government of

Malaysia or the Government of any State.

No landlord shall distrain for rent except in the manner provided by this Act.

Where a right to a distraint accrues to persons jointly or together interested in any premises, such right may be exercised by any one of such persons in his own name and the names of those jointly or together interested with him, and the levy shall be a complete discharge to the defendant for the amount recovered;

but the Judge or Registrar may in any case require the party so applying to produce a written authority to distrain, signed by the other persons jointly or together interested with him.

A warrant of distress shall be addressed to the bailiff, directing him forthwith to distrain any movable property found by him on the premises named therein, or such part of the property as may in his judgment be sufficient, when sold, to realize the amount of rent therein stated to be due to the applicant, together with such sum as may be due to the applicant by way of costs and to the bailiff for his fees and expenses:

Provided that before a warrant of distress is issued the court may require the applicant to pay into court in cash such sum as the court considers necessary to cover the fees and expenses of the bailiff.

For the purposes of the recovery of any sums payable by an under-tenant or lodger to a superior landlord under the undertaking specified in section 10, or under a notice served in accordance with section 14, the under-tenant or lodger shall be deemed to be the immediate tenant of the superior landlord, and the sums payable shall be deemed to be rent; but, where the under-tenant or lodger has, in pursuance of any such undertaking or notice as aforesaid, paid any sums to the superior landlord, he may deduct the amount thereof from any rent due or which may become due from him to his immediate landlord, and any person (other than the tenant for whose rent the distress is levied or authorized to be levied) from whose rent a deduction has been made in respect of such a payment may make the like deductions from any rent due or which may become due from him to his immediate landlord.

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Section 10 shall not apply to any under-tenant where the under tenancy has been created in breach of any covenant or agreement in writing between the landlord and his immediate tenant.

In cases where the rent of the immediate tenant of such superior landlord is in arrear, it shall be lawful for the superior landlord to serve upon any under-tenant or lodger a notice (by registered post addressed to such under-tenant or lodger upon the premises) stating the amount of such arrears of rent, and requiring all future payments of rent, whether the same has already accrued

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Distress due or not, by such under-tenant or lodger to be made direct to the superior landlord giving such notice until such arrears shall have been duly paid, and such notice shall operate to transfer to the superior landlord the right to recover, receive, and give a discharge for such rent.

In and for the purposes of sections 10, 11, 12, 13 and 14 the words “superior landlord” shall be deemed to include a landlord in cases where the goods seized are not those of an under-tenant or lodger; and the words “tenant” and “under-tenant” do not include a lodger.

The tenant may apply to a Judge to discharge or suspend the execution of the warrant, or to release any part of the property seized.

The Judge may, on any such application, deal with the matter summarily and dismiss the application or discharge the warrant, or order the release unconditionally or on such terms as he thinks fit of any property seized, or may direct an issue to be tried, and, pending the determination of such issue, suspend the execution of the warrant, or may order the property to be sold and the proceeds of sale to be lodged in court, or may make such other order on such terms as he considers fair as between the parties pending the final determination of the matter.

Any costs incurred in any such proceedings shall be in the discretion of the Judge and may in proper cases be added to the amount leviable under the warrant.

Subject to this Act the property seized under a warrant of distress shall be sold at the time and place named in the notice

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required by section 9; and the net proceeds of sale shall be applied first in payment of the bailiff’s fees and expenses and then in satisfaction of the rent and costs due by the tenant to the landlord.

The balance, if any, remaining over after such payments shall be returned to the tenant or other person entitled thereto.

Procedure where property seizable under a distress is already under seizure by way of execution

Any person who sells or abets the sale of any property seized under a warrant of distress in contravention of the provisions of this Act or of any rules of court relating to the sale of property seized under a warrant of distress, shall, on conviction, be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding three months.

Where rent due by any tenant, otherwise than for a term certain, of any house or premises to the landlord thereof has remained unpaid for not less than fourteen days after payment thereof became due and still remains unpaid, then, in the absence of an express agreement between the parties to the contrary, any notice to quit given by the landlord to the tenant shall, if the length thereof be otherwise sufficient, expire on such day as may by the terms of the notice be appointed for the expiration thereof, whether such day coincide with the termination of some period of the tenancy or not.

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Distress

[Section 26]

Written law

Short title

Extent of repeal

S.S. Cap.

Distress Ordinance

The whole

F.M.S. Cap.

Civil Procedure Code

Part VI

Sabah Cap.

Distress for Rent Ordinance

The whole

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Act 255

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act 160

Malaysian Currency (Ringgit)

29-08-1975

Act 1975

P.U. (A) 359/1980

Distress Ordinance (Extension)

01-06-1981

Order 1980

P.U. (A) 355/1985

Federal Territory of Labuan 16-04-1984

(Modification of Distress Act)

Order 1985

Act A671

Subordinate Courts 22-05-1987

(Amendment) Act 1987

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Distress

Act 255

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

Act A671 22-05-1987 24

Act 160 29-08-1975

KUALA LUMPUR