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Section 45

Power to landlord to distrain for rent

of Insolvency Act 1967

ActIn forceProvision 42 of 136
Section 45
(1)

Subject to any law relating to the recovery of rent by way of distress, the landlord or other person to whom any rent is due from the bankrupt may, at any time either before or after the commencement of the bankruptcy, distrain upon the goods or effects of the bankrupt for the rent due to him from the bankrupt with this limitation, that if such distress for rent is levied after the commencement of the bankruptcy it shall be available only for three months’ rent accrued due prior to the date of the bankruptcy order, but the landlord or other person to whom the rent is due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available.

Insolvency 69

(2)

This section shall with the necessary modifications apply in the case of an order for the administration of the estate of a deceased person who died insolvent and for the purposes of this section the term “bankruptcy order” shall be deemed to include an order for such administration.