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BERMUDA
1974 : 52
LANDLORD AND TENANT
ACT 1974
ARRANGEMENT OF
SECTIONS
PART I
PRELIMINARY
1 Interpretation
PART II
PAYMENT OF RENT
2 Rental period where no agreement in
writing
3 Action for rent
PART III
SHORT RESIDENTIAL TENAN CIES
4 Application of Part III and restriction on
contracting out of section 5
5 Repairing obligations in short residential
tenancies
6 Tenant's covenants im plied in the absence
of agreement
PART IV
TERMINATION OF CONTRACTS OF TENANCY
7 Scope of Part IV
8 Provisions to the contrary to be void
9 Termination under the provisions of the
contract of tenancy
10 Notice of termination to be in writing
11 Termination by notice
12 Termination of agricul tural tenancies by
notice
13 Termination for breach of tenant's
obligations, etc
14 Institution and stay of proceedings under
section 13
15 Interim orders
16 Notices of proceedings under section 13
17 Cessation of rights of third parties after
termi nation of contract of ten ancy under section 13
18 Vesting orders in favour of third parties to
proceed ings under section 13
19 Termination, and other remedies for breach
of landlord's obligations
PART V
RECOVERY OF POSSESSION AND MESNE PROFITS
20 Compensation when premises not vacated
21 Application for order for possession
22 Claim for arrears in rent and compensation
23 Hearing of application
24 Terms of order for posses sion
25 Warrant to evict
26 Proceedings after tenant vacates
PART VI
SUPPLEMENTAL
27 Jurisdiction
28 Distress for rent abolished
29 Landlord or agent to be informed where goods
seized in execution
30 Priority over execution creditors
31 Preferential claim for rent on bankruptcy of
tenant
32 1965: 174
33 Rules
34 1971: 119
35 [omitted]
36 Application to Crown
37 Commencement [omitted]
SCHEDULES
First
Schedule - Part I - Forms of Notice
First
Schedule - Part II - Service of Notices
Second
Schedule
[18 June 1974]
[preamble and words of enactment omitted]
PART I
PRELIMINARY
Interpretation
1 (1) In
this Act, unless the context otherwise requires—
"agriculture"
includes horticulture, fruit growing, seed growing, dairy farming and livestock
breeding and keeping, the
use of land as grazing land, market gardens and
nursery grounds, and "agricultural" shall be construed accordingly;
"agricultural
land" means land used for agriculture which is so
used
for the purposes of a trade or business;
"agricultural
tenancy" means a contract of tenancy of agricul tural land;
"contract of
tenancy" means any lease or tenancy agreement;
"court", subject
to section 27, means a court of summary juris diction;
"landlord"
means the person entitled to the reversion expectant upon the determination of
a contract of tenancy;
"lease" or
"tenancy agreement" includes every agreement for the letting of
premises, whether oral or in writing;
"let"
includes sublet and "letting" includes subletting;
"possession"
includes receipt of rents and profits, or the right to receive the same, if
any;
"premises"
means the subject matter of any contract of tenancy;
"prescribed
rules" in relation to proceedings in the Supreme Court, means rules of
court prescribed under section 62 of
the Supreme Court Act 1905 [title 8 item 11], and in relation to
proceedings in a court of summary jurisdiction means rules prescribed under
section 21 of the Magistrates
Act 1948 [title
8 item 15]:
"prescribed"
means prescribed by the prescribed rules;
"rental
period" means the period in respect of which a payment of rent falls to be
made;
"sub-tenant"
includes a mortgagee of a term of years who is not in possession and any person
deriving title under a sub-ten
ant;
"tenancy"
includes a sub-tenancy;
"tenant" in
relation to a contract of tenancy means the person who as between himself and
the landlord is entitled to
exclu sive possession of the premises.
(2) Nothing in regulation 29 or 30 of the Hotels
(Licensing and Control) Regulations 1969 [title
17 item 2(a)] (which relate to the exclu sive use of accommodation) shall
be construed as creating the relation ship of landlord and tenant.
PART II
PAYMENT OF RENT
Rental period
where no agreement in writing
2 Subject to any agreement to the
contrary evidenced in writing:
(a) in every contract of tenancy existing on 31
December 1974 there shall be implied an agreement on the part of the tenant to
pay the
rent half-yearly in arrear; and
(b) in every contract of tenancy entered into after
31 De cember 1974 there shall be implied an agreement on the part of the tenant
to pay the rent monthly in advance.
Action for rent
3 Any person entitled under any contract
of tenancy to any rent in arrear, may by action recover such rent from the
tenant, whether
or not the contract of tenancy is continuing.
PART III
SHORT RESIDENTIAL
TENANCIES
Application of
Part III and restriction on contracting out of section 5
4 (1) This
Part applies, subject to this section, to any contract of tenancy of a house or
apartment granted after 31 December 1974, being
a contract of tenancy for a
term of less than three years.
(2) For the purposes of this section a contract
of tenancy shall be treated as a contract of tenancy for a term of less than
three years
if it is determinable at the option of the landlord before the
expiration of three years from the commencement of the term, and,
except where
the foregoing provisions of this subsection apply, shall not be so treated if
it confers on the tenant an option for
renewal for a term which, together with
the original term, amounts to three years or more.
(3) In this Part "contract of tenancy of a
house or apartment" means a contract of tenancy whereby the house or
apartment
is let wholly or mainly as a private dwelling.
(4) The
court may, by order made with the consent of the par ties concerned, authorise
the inclusion in a contract of tenancy or in
any agreement collateral to a
contract of tenancy, of provisions
excluding
or modifying in relation to the contract of tenancy the provisions of section 5
with respect to the repairing obligations
of the parties if it appears to the
court, having regard to the other terms and conditions of the con tract of
tenancy and to all
the circumstances of the case that it is rea sonable to do
so; and any provisions so authorised shall have effect ac cordingly.
(5) Subject to subsection (4), any covenant or
agreement, whether contained in a contract of tenancy to which section 5
applies or in
any agreement collateral to such contract of tenancy, shall be
void so far as it purports to exclude or limit the obligations of
the landlord
or the immunities of the tenant under that section, or to authorise the landlord
to apply to the court under section
13 for an order to terminate the con tract
of tenancy or impose on the tenant any penalty, disability or obli gation, in
the event
of his enforcing or relying upon those obligations or immunities.
(6) The court shall have jurisdiction to make a
declaration that section 5 applies, or does not apply, to a contract of
tenancy, notwith
standing that the applicant for the declaration does not seek
any relief other than the declaration.
Repairing
obligations in short residential tenancies
5 (1) In
any contract of tenancy of a house or apartment, being a contract of tenancy to
which this Part applies, there shall be implied
a covenant by the landlord—
(a) to keep in repair the structure and exterior of
the house or apartment (including drains, fresh water tanks and external
pipes);
(b) to keep in repair and working order any
cesspool to which the drainage of the house or apartment is con nected;
(c) to keep in repair and working order the
installations in the house or apartment—
(i) for the supply of water and
electricity, for gas (if any), and for sanitation (including basins, sinks,
baths, showers and sanitary
conveniences but not, except as aforesaid,
fixtures, fittings and appliances for making use of the supply of wa ter, electricity
or gas); and
(ii) for heating water (where such
installation al ready exists);
and any covenant
by the tenant for the repair of the premises (including any covenant to put in
repair or deliver up in repair or
to pay money in lieu of repairs by the tenant
or on account of repairs by the landlord) shall be of no effect so far as it
relates
to the matters mentioned in para graphs (a), (b) and (c) of this
subsection.
(2) The covenant implied by this section
(hereinafter referred to as the landlord's repairing covenant) shall not be
construed as requiring
the landlord—
(a) to carry out any works or repairs for which the
tenant is liable by virtue of his duty to use the premises in a ten ant-like
manner,
or would be so liable apart from any express covenant on his part;
(b) to rebuild or reinstate the premises in the
case of de struction or damage by fire, or by tempest, flood, or other
inevitable accident;
or
(c) to keep in repair or maintain anything which
the tenant is entitled to remove from the house or apartment;
and subsection (1)
shall not avoid any covenant by the tenant so far as it imposes on the tenant
any of the requirements mentioned
in paragraph (a) or paragraph (c) of this
subsection.
(3) In determining the standard of repair
required by the land lord's repairing covenant, regard shall be had to the age,
character
and prospective life of the house or apartment and the locality in
which it is situated.
(4) In any contract of tenancy in which the
landlord's repairing covenant is implied, there shall also be implied a
covenant by the
tenant that the landlord, or any person authorised by him in
writing, may at reasonable times of the day, on giving twenty-four
hours notice
in writing to the occupier, enter the premises for the purpose of viewing their
con dition and state of repair.
Tenant's
covenants implied in the absence of agreement
6 In any contract of tenancy of a house
or apartment, being a contract of tenancy to which this Part applies, there
shall, subject
to any agreement to the contrary evidenced in writing, be
implied a covenant on the part of the tenant—
(a) to pay the rent monthly in advance;
(b) to pay
for electricity consumed on the premises;
(c) to pay for gas consumed on the premises;
(d) to use the premises only as a private dwelling;
(e) not to assign, underlet or part with the
possession of or make any alteration to the premises or any part thereof
without the consent
in writing of the landlord or his agent;
(f) to carry out running repairs to the inside of
the premises, and without prejudice to the generality of the foregoing, to
replace
as necessary tap washers, fuses, window panes, fastenings, locks,
bolts, screens, sash cords and door keys;
(g) on the determination of the tenancy to deliver
up the premises in a clean and proper state and condition to the landlord or
his
agent.
PART IV
TERMINATION OF
CONTRACTS OF TENANCY
Scope of Part
IV
7 (1) Nothing
in this Part affects—
(a) the law of disclaimer in its application to
cases of bankruptcy, liquidation and rights of infants;
(b) the law of merger;
(c) surrender by operation of law or act of
parties;
(d) the right of any person to bring an action for
the recov ery of rent or for the recovery of possession of land from persons
wrongfully
in possession of land; or
(e) the termination of a contract of tenancy which
the ten ant has acknowledged in writing is to terminate in the event of the
tenant
ceasing to be employed by the land lord.
(2) Nothing in this Part applies to a contract
of tenancy which is subject to the Rent Increases (Domestic Premises) Control
Act 1978
[title 29 item 3].
Provisions to
the contrary to be void
8 Subject to this Part, a contract of
tenancy shall only be termi nated in accordance with this Part, and any
stipulation to the contrary
in any contract or agreement shall have no force or
effect.
Termination
under the provisions of the contract of tenancy
9 (1) A
contract of tenancy granted for a specific period of time terminates without
notice when that period expires.
(2) Subject to subsection (3) a contract of tenancy
which is terminable on notice by either party terminates on the expiration of
no
tice duly given.
(3) Subject to section 7, any reference in a
contract of tenancy to a right to give notice to terminate the tenancy in the
event of—
(a) a breach of obligation by the tenant: or
(b) the bankruptcy or liquidation of the tenant;
shall be construed
as a reference to a light to make application to the court under section 13.
Notice of
termination to be in writing
10 (1) Notice
to terminate a tenancy shall be in writing and may, but need not, be in the
form set out in Part I of the First Schedule.
(2) Subject to any agreement in writing
providing for a different manner of service, a notice to terminate a tenancy
shall be served
in the manner prescribed by Part II of the First Schedule.
Termination by
notice
11 (1) Subject
to any agreement evidenced in writing providing for a different period of
notice—
(a) a tenancy from year to year shall be terminated
by not less than six months previous notice given at any time after the end of
the
first year of the tenancy;
(b) a tenancy for successive rental periods of more
than a month and less than a year shall be terminated by no tice not shorter
than
the rental period given at any time after the end of the first rental
period; and
(c) a tenancy for successive rental periods of a month or less shall be terminated at the end of a rental period by not less than one month's previous notice.
(2) This section does not apply to an
agricultural tenancy.
Termination of
agricultural tenancies by notice
12 (1) An
agricultural tenancy from year to year shall be termi nated by not less than
six months previous notice given at any time after
the end of the first year of
the agricultural tenancy.
(2) An agricultural tenancy for successive
rental periods of less than a year shall be terminated by not less than six
months previous
notice given at any time.
(3) Nothing in subsections (1) or (2) shall
deprive the tenant of an agricultural tenancy of any contractual right to
receive a longer
period of notice.
(4) Subject to subsection (3), this section
applies notwith standing any stipulation to the contrary.
Termination for
breach of tenant's obligations, etc
13 (1) Without
prejudice to the foregoing provisions of this Part, a landlord may apply to the
court for an order to terminate the contract
of tenancy where—
(a) the tenant is in breach of an obligation under
the con tract of tenancy;
(b) the contract of tenancy is terminable by its
terms in the event of the bankruptcy or liquidation of the tenant and that
event has
occurred; or
(c) the contract of tenancy is terminable by its
terms on the occurrence of any other event and that event has oc curred.
(2) Subject to subsection (3), the contract of
tenancy continues, and the rights and obligations of the parties remain
enforceable,
unless and until the court makes an order under subsection (1).
(3) When dealing with an application made under
subsection (1) the court shall have regard to all the circumstances, and
particular
shall consider whether—
(a) the landlord acted reasonably in instituting
proceedings, and in particular whether he informed the tenant of the breach;
(b) the tenant has had a reasonable opportunity or
has taken reasonable steps to remedy the breach (if capable of remedy); and
(c) the tenant during the currency of the
proceedings has continued to observe his obligations under the contract of
tenancy.
(4) If it is made to appear to the court that
the tenant is in breach of his obligation to pay rent, and has been in arrears
repeatedly,
the court may if it sees fit order termination of the contract of
tenancy notwithstanding the payment to the landlord or into court
before the
hearing, of all arrears of rent and costs, provided that upon accepting payment
of all arrears of rent and costs or
upon withdrawal of such ar rears and costs
from the court, the landlord has informed the tenant in writing that action
will not
thereby abate.
(5) The court may if it sees fit stay execution
upon an order for termination of a contract of tenancy, subject to such
conditions as
it thinks fit.
(6) Subject to subsection (5) there shall be no
right to apply for or obtain relief after an order for termination of a
contract of
tenancy has been made by the court.
(7) Subject to section 7, any reference in any
contract of ten ancy, or in any statutory provision, to a right or power of
re-entry
or for feiture shall be construed as a reference to the right to make
an applica tion to the court under this section.
Institution and
stay of proceedings under section 13
14 (1) Where
an application is made under section 13, no prior notice of intention to
commence proceedings shall be required, but the landlord
shall in his writ or
summons specify with particularity the breach or event upon which he intends to
rely.
(2) The tenant shall be entitled to apply for a
stay of proceed ings commenced by the landlord under section 13 on the ground
that continuance
of the proceedings (for the time being) would be oppressive
because—
(a) he has taken or is taking steps to remedy the
breach; or
(b) the damage to the reversion is or would be
trivial; or
(c) in all the circumstances it would be
unreasonable to or der termination of the contract of tenancy.
(3) The court may, in granting or refusing a
stay of proceedings under subsection (2), impose such terms and conditions on
the parties as it sees fit.
Interim orders
15 (1) Pending
final determination of an application made under section 13, the court shall
have power, if it sees fit, to make an order
providing—
(a) for the suspension or variation of the
performance of the obligations of the parties to the contract of tenancy, as
between themselves
or in relation to third parties who have joined the
proceedings; or
(b) for the giving of security by the tenant while
he remains in possession, both for his good behaviour and compli ance with the
terms
of the contract of tenancy.
(2) Where the court is satisfied that service of
the writ or sum mons on the tenant cannot be effected without undue delay, the
court
shall have power, if it sees fit, to make an ex parte order under subsec tion
(1).
Notices of
proceedings under section 13
16 (1) The
landlord shall give notice of proceedings commenced by him under section 13—
(a) to any person in occupation of the premises or
any part thereof, either by name or by description as "Occupier"
followed
by a description of the premises or the part thereof occupied by him;
(b) to any person who has an interest as
sub-tenant:
(c) to any other person specified by the court.
(2) The landlord shall give notice to the tenant
of the persons to whom the landlord has given notice under subsection (1).
(3) The tenant shall, within twelve days after
the service of the writ or summons on him, give notice to the landlord of any
person
not specified in the notice given to him by the landlord under
subsection (2), who, on the date of service of the writ or summons
was in
occupation of the premises or was a sub-tenant.
(4) The landlord shall give notice of the
proceedings to any per son specified in the notice given to him by the tenant
under subsection
(3).
(5) The court shall have power to order that
notice of the pro ceedings be given to any person whose interest might be
affected by the
proceedings and who has not been given notice.
(6) Where it appears to the court that several
sub-tenants are involved, the court shall have power—
(a) to order that notice of the proceedings be
published in a newspaper for the time being approved as the Gazette,
(b) to order that notice of the proceedings be
affixed in a conspicuous position in the main entrance of the premises.
Cessation of
rights of third parties after termination of contract of tenancy under section
13
17 Where the court orders termination of
the contract of tenancy under section 13 all interests derived out of that
contract of tenancy
or any sub-tenancy shall thereupon cease, subject to the
grant of relief un der section 18.
Vesting orders
in favour of third parties to proceedings under sec tion 13
18 (1) Where
an application is made under section 13, any person claiming an interest as
sub-tenant may apply to the court for an order
vesting in him, for the whole
sub-term of years or any less term, the premises held by the tenant, or any
part thereof:
Provided that if the
landlord has offered the sub-tenant of part of the premises a new contract of
tenancy for that part on the
same terms as those on which he previously held as
sub-tenant, the court shall not vest the whole of the premises held by the
tenant
in the sub-tenant.
(2) In making a vesting order under subsection
(1), the court may impose such terms and conditions with respect to the tenancy
as it
thinks fit, and, in the case of an order in respect of part of the
premises held by the tenant, may vest in the sub-tenant any ancillary
rights
previ ously enjoyed by the sub-tenant which it considers necessary for the
reasonable use and enjoyment of that part.
(3) When a vesting order is made under
subsection (1) in favour of a sub-tenant who is a mortgagee of a term of years,
it shall vest
in the mortgagee a term free from any right in the mortgagor to
redeem, subject to such ancillary provisions as may be set forth
in the order.
(4) Subsections (1) to (3) apply only to persons
whose interests
were created before the service of the writ or summons under section 13.
Termination,
and other remedies for breach of landlord's obligations
19 (1) A
tenant may apply to the court for an order to terminate the contract of tenancy
where the landlord is in breach of an obligation
under the contract of tenancy.
(2) The provisions of sections 13, 14, 15, 16,
17 and 18 shall apply to proceedings brought under subsection (1), subject to
the fol
lowing modifications—
(a) except in section 18, "tenant" shall
be substituted for "landlord" and vice versa;
(b) paragraphs (b) and (c) of section 13(1) shall
not apply;
(c) section 13(2) shall not apply where the effect
of the breach results in total dispossession (whether of occu pation or receipt
of
rents and profits) of the tenant of the premises, in which case the
obligations of the tenant under the contract of tenancy shall
be suspended from
the time of service of the writ or summons, without prej udice to any right of
set-off or to damages that may
have accrued from the time of dispossession to
the time of service;
(d) section 13(4) shall not apply;
(e) section 13(7) shall not apply;
(f) paragraph (b) of section 14(2) shall not
apply;
(g) paragraph (b) of section 15(1) shall not apply.
(3) Without prejudice to subsection (1), a
tenant may apply to the court for an order permitting him to withhold from the
landlord pay
ment of the rent, or any part thereof, until the landlord makes
good any breach of his obligations under the contract of tenancy.
(4) The court may make an order under subsection
(3) upon such terms as it thinks fit in all the circumstances.
(5) Until, on application to the court, an order
under subsec tion (3) is withdrawn, the landlord shall not be entitled to claim
any
of the rent governed by such order, but nothing in this section prejudices
the right of the landlord otherwise to claim arrears
of rent after such or der
is withdrawn.
PART V
RECOVERY OF
POSSESSION AND MESNE PROFITS
Compensation
when premises not vacated
20 (1) A
landlord shall be entitled to compensation for the use and occupation of
premises after the tenancy has expired or been terminated
in accordance with
Part IV and the tenant has neglected or refused to give up possession of the
premises.
(2) Acceptance by a landlord of arrears of rent
or compensa tion—
(a) after the expiration of the tenancy; or
(b) after notice of termination of a tenancy has
been duly given in accordance with Part IV;
or
(c) after an order for the termination of the
tenancy has been made under section 13;
does not operate
as a waiver of the notice or as a reinstatement of the tenancy or as the
creation of a new tenancy unless the parties
so agree.
(3) The burden of proof that the notice has been
waived or the tenancy has been reinstated or a new tenancy created is upon the
person
claiming.
(4) A landlord's claim for arrears of rent or
compensation for use and occupation by a tenant after the expiration or
termination of
the tenancy may be enforced by action or as provided in section
21.
Application for
order for possession
21 (1) Where
a tenant, after his tenancy has expired or has been terminated in accordance
with Part IV, does not go out of possession of
the premises held by him, the
landlord may apply to the court for an or der for possession.
(2) Notice of the application shall be served on
the tenant at least three days before the day named in the notice for the
hearing of
the application.
(3) Except
where the contract of tenancy has been terminated by order under section 13,
the application of the landlord shall be sup
ported by an affidavit—
(a) sufficiently describing the contract of tenancy
in respect of parties, premises, rent, date of commencement and length of term
or
exhibiting a true copy of the contract of tenancy;
(b) proving the expiration or termination of the
tenancy;
(c) stating the failure of the tenant to deliver up
possession and the reasons given for the failure, if any were given; and
(d) stating any other relevant facts.
Claim for
arrears in rent and compensation
22 (1) The
application of the landlord may also include a claim for arrears of rent and
for compensation for use and occupation of the
premises by the tenant after the
expiration or termination of the tenancy.
(2) Where a claim is made under subsection (1)
the affidavit in support of the application will also show—
(a) where a claim is made for rent, the amount of
rent in ar rears and the time during which it has been in arrears; and
(b) where a claim is made for compensation,
particulars of the use made of the premises after the expiration or ter mination
of the
tenancy, so far as is known.
Hearing of application
23 (1) Upon
hearing the application, or, where it is opposed, upon hearing and considering
the oral and affidavit evidence of the parties
and their witnesses, the court
may—
(a) if satisfied that the tenancy has expired or
has been terminated in accordance with Part IV, give an order for possession;
(b) where a claim for rent is made, give judgment
for the amount of rent proved to be in arrear;
(c) where a claim for compensation is made, give
judgment in such amount as the court may determine as compen sation for the use
and
occupation of the premises after the expiration or termination of the
tenancy, having re gard to the nature of the use and occupation
and the rent
payable during the tenancy; and
(d) make such order as to costs as the court thinks
fit.
(2) The court may grant or dismiss the
application in whole or in part and may direct the trial of an issue to
determine any matter
in dispute.
Terms of order
for possession
24 An order under section 23 granting
possession—
(a) shall direct the tenant to deliver up
possession of the premises to the landlord by a specified date or within a
specified time
after service of the order on the tenant: and
(b) shall state that if the order is not obeyed by
the specified date or within the specified time a warrant of possession will
issue
under section 25 without any further order.
Warrant to
evict
25 Where an order for possession under
paragraph (a) of section 23(1) is not obeyed by the date or within the time
therein specified,
upon proof of service of the order the landlord shall be
entitled, without any further order, to sue out a warrant directing the
Provost
Marshal General to evict the tenant from the premises.
Proceedings
after tenant vacates
26 Proceedings in respect of a claim for
arrears of rent or compen sation may continue to judgment notwithstanding that
the tenant
deliv ers up possession of or vacates the premises.
PART VI
SUPPLEMENTAL
Jurisdiction
27 (1) Jurisdiction
conferred on the court by any provision of this Act shall be exercised by a court
of summary jurisdiction.
(2) Notwithstanding
the provisions of subsection (1) a plaintiff may commence proceedings in the
Supreme Court instead of commenc ing
proceedings In a court of summary
jurisdiction.
(3) Where the right conferred by subsection (2)
is exercised by a plaintiff, the Supreme Court or a Judge shall have
jurisdiction and
the award of costs shall be in the discretion of the Supreme
Court or a Judge.
Distress for
rent abolished
28 Notwithstanding any provision of law
the right of a landlord to distrain for rent due and unpaid under a contract of
tenancy is
abolished and any provision of such contract of tenancy purporting
to confer such right on a landlord shall have no force or effect.
Landlord or
agent to be informed where goods seized in execution
29 Where goods are seized in execution at
premises which are rented or reputed to be rented, the Provost Marshal General
or the bailiff
or officer making the levy shall, before making the levy or
within twenty-four hours thereafter, use his best endeavours—
(a) to ascertain the identity of the landlord or
his agent;
(b) to inform the landlord or the agent that
execution is about to be, or has been, levied at the premises.
Priority over
execution creditors
30 (1) The
landlord of any premises in which any goods are seized in execution may claim
the rent of the premises in arrear at the date
of the seizure, at any time
within five days following that date, or before the removal of the goods, by
delivering to the Provost
Marshal General or to the bailiff or officer making
the levy a claim in writing, signed by himself or his agent, stating—
(a) the amount of the rent claimed to be in arrear;
and
(b) the period in respect of which the rent is due.
(2) Where such a claim is made, the Provost
Marshal General, bailiff or officer making the levy shall afterwards sell under
the execution
such of the goods as will satisfy—
(a) first, the costs of and incidental to the sale;
(b) next, the claim of the landlord not exceeding
six months rent of the premises; and
(c) lastly, an amount not exceeding the amount for
which the warrant of execution issued.
(3) In any event the surplus of the sale, if
any, and the residue of the goods shall be returned to the execution debtor.
Preferential
claim for rent on bankruptcy of tenant
31 Notwithstanding any statutory provision
as to priority of debts and claims in bankruptcy, the amount of rent in arrear
for a period
not exceeding six months preceding the date on which a tenant is
adjudi cated bankrupt shall be paid in priority to all other debts
except debts
preferred under section 30(1) of the Bankruptcy Act 1876 (which deals with
rates and taxes and wages or salary of
any clerk or servant).
1965: 174
32 (1) For
the purposes of this Act—
(a) a notice under section 21(2);
(b) an order under section 23: and
(c) a warrant under section 25
shall be deemed to
be a summons or warrant, as the case may be, within the meaning of section 9 of
the Provost Marshal General Act
1965 [title
8 item 5].
(2) A notice, order or warrant referred to in
subsection (1) may be served in the manner provided in paragraph 3 of Part II
of the First
Schedule.
Rules
33 (1) Section
62 of the Supreme Court Act 1905 [title 8
item 1] shall be deemed to extend to the making of rules under that section
to regulate the practice and procedure in proceedings commenced
in the Supreme
Court under this Act.
(2) The power to frame rules of procedure
conferred by section 21 of the Magistrates Act 1948 [title 8 item 15] shall be deemed to apply to proceedings in a court
of summary jurisdiction under this Act.
(3) Section 6 of the Statutory Instruments Act
1977 [title 1 item 3] shall not apply
to rules made under this Act.
1971: 119
34 Nothing
in this Act shall derogate from the Rent Increases (Domestic Premises) Control
Act 1978 [title 29 item 3] which
shall prevail over this Act.
Repeal of certain enactments
35 [omitted]
Application to
Crown
36 (1) This
Act binds the Crown.
(2) Nothing in this section shall derogate from
any statutory provision relieving the Crown from the incidence of any municipal
rates
or land taxes.
Commencement
37 [omitted]
[this Act was
brought into operation on 1 January 1975]
FIRST SCHEDULE
PART I
FORMS OF NOTICE
FORM A
NOTICE TO TENANT
TO (Name of
Tenant)
I hereby give you
notice to deliver up possession of the premises [identify the premises] which you hold of me as tenant, on the [blank] day of [blank] 19 [blank] Dated
this [blank] day of [blank] 19 [blank]
[blank]
(Landlord)
FORM B
NOTICE TO LANDLORD
TO (Name of
Landlord)
I hereby give you
notice that I am giving up possession of the premises [identify the premises] which I hold of you as tenant, on the [blank] day of [blank] 19 [blank] Dated
this [blank] day of [blank] 19 [blank]
[blank]
(Tenant)
PART II
SERVICE OF NOTICES
1 Notice by a tenant to a landlord shall
be given personally to the landlord or sent by prepaid letter post to the
landlord at the
address where the rent is payable.
2 Except as provided in paragraph 3,
notice by a landlord to a ten ant shall be given personally to the tenant or
sent by prepaid
letter post to the tenant at his last known place of business
or abode in Bermuda.
3 Where the tenant cannot be given
notice by reason of his ab sence from Bermuda, or by reason of his evading
service, the notice
may be given to the tenant by posting it up in a
conspicuous place upon some part of the premises.
4 Notwithstanding anything in this Part
of this Schedule, a notice to a corporation aggregate may be served on the
mayor or other
head of ficer, or on the clerk, treasurer, or secretary of the
corporation, or in such other manner as the Supreme Court or a Judge
may
sanction.
SECOND SCHEDULE
[omitted]
[Amended by
1977 : 35]
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