Section 265 — Property Law Act 2007: Right to distrain abolished
Text of the provision Official document
265 Right to distrain abolished (1) The right to distrain for rent or other amounts payable under a lease or for a rentcharge is abolished. (2) A provision in a lease or in an encumbrance securing a rentcharge that purports to give any person the right to levy distress for rent or other amounts payable under the lease or for the rentcharge has no effect. (3) This section does not— (a) affect the manner in which a person may enforce a judgment debt; or (b) prevent a lessee or a person by whom a rentcharge is payable from creating an encumbrance over goods to secure payment of the rent or other amounts payable under the lease or for the rentcharge. Compare: Distress Act 1689 , 2 Will and Mar, Sess 1, c 5 (Imp); 1952 No 51 s 107A
Official source: legislation.govt.nz
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