What is Distrained property?

What is Distrained property?

Distraint or distress is “the seizure of someone’s property in order to obtain payment of rent or other money owed”, especially in common law countries.

What means distraint?

1 : to force or compel to satisfy an obligation by means of a distress. 2 : to seize by distress. intransitive verb.

What is distraint action?

Distraint is the right of a landlord to take hold of the property of a tenant which is in the premises of the property rented. Such an action is taken when a tenant has not paid the rent or has otherwise defaulted on the lease, like causing damages or destruction of the premises.

What is the right of distress?

“Distress”, when used in this context, means the seizure of someone’s property to secure the performance of a duty. A landlord’s right of distress is a useful self-help remedy that allows a landlord to enforce its rights against a delinquent tenant under certain circumstances.

What does distraint warrant mean?

Distraint warrants are a legally enforceable means of ensuring future payment on back property taxes and liens from delinquent taxpayers. To ensure payment of taxes, the state can issue a warrant to protect the property owner’s assets for future liquidation.

What is distraint of personal property?

The constructive distraint of personal property shall be affected by requiring the taxpayer or any person having possession or control of such property to sign a receipt covering the property distrained and obligate himself to preserve the same intact and unaltered and not to dispose of the same ;in any manner whatever …

What is distress act?

DISTRESS ACTION Section 5(1) of the Act permits a landlord to apply to a Judge or a Registrar for the issue of a warrant of distress to recover rent due and payable to the landlord by a tenant of any premises for a period not exceeding 12 completed months of the tenancy preceding the date of the application.

Is distraint legal?

Distraints may be taken when authorized by law; but no unreasonable, excessive or wrongful distraint shall be taken, and for any such taking, the distraining party shall be liable in damages to the party aggrieved.

What is a warrant of distress?

“warrant of distress” means a warrant issued by the court under section 24 of the Act; (2) Wherever in these Rules anything is required to be done within a specified number of days from the happening of any event, the period shall start to run from the day on which the event aforesaid occurs.

What is the meaning of distress warrant?

noun. Law. A warrant authorizing distraint. ‘the landlord took out a distress warrant in respect of the outstanding rent’ ‘The distress warrant gives the bailiff the ability to seize goods to the value of the fine and add some on to cover their costs.

What is distraint order?

Meaning of distrain in English to take and sell property from someone who owes you money in order to pay back their debt: Under the law, landlords have a legal right to distrain goods from a defaulting tenant in lieu of rent arrears.