Distress for Rent Abolition Act 1936
Western Australia
Distress for Rent Abolition Act 1936
Contents
1.Short title1
2.Abolition of distress for rent due1
4.Restriction of remedies of mortgagee or annuitant against tenant1
5.Saving of right to recover by action1
Notes
Compilation table3
Western Australia
Distress for Rent Abolition Act 1936
An Act to abolish distress for rent and for other relative purposes.
This Act may be cited as the Distress for Rent Abolition Act 1936.
2.Abolition of distress for rent due
After the commencement of this Act no distress for rent shall be levied or made.
[3.Deleted: No. 14 of 2025 s. 19(2).]
4.Restriction of remedies of mortgagee or annuitant against tenant
In lieu of the power of distress for rent contained in section 112 of the Transfer of Land Act 1893, as against the tenant or occupier for arrears of any interest or annuity therein referred to, the person to whom the interest or annuity is due may, subject to the proviso in the said section as to liability, recover the same in any court of competent jurisdiction as a debt from the occupier or tenant of the land mentioned in the mortgage or charge.
5.Saving of right to recover by action
Nothing in this Act shall prejudice or affect the right of a person to whom rent is due to recover the same as a debt from the person liable to pay the same in any court of competent jurisdiction.
[6.Deleted: No. 59 of 2004 s. 141.]
This is a compilation of the Distress for Rent Abolition Act 1936 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
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Short title |
Number and year |
Assent |
Commencement |
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Distress for Rent Abolition Act 1936 |
38 of 1936 |
11 Dec 1936 |
11 Dec 1936 |
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Distress for Rent Abolition Act Amendment Act 1941 |
14 of 1941 |
7 Nov 1941 |
7 Nov 1941 |
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Residential Tenancies Act 1987 s. 89 |
128 of 1987 |
21 Jan 1988 |
1 Oct 1989 (see s. 2 and Gazette 18 Aug 1989 p. 2748) |
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Reprint 1: The Distress for Rent Abolition Act 1936 as at 4 July 2003 |
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Courts Legislation Amendment and Repeal Act 2004 s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
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Statutes (Repeals and Minor Amendments) Act 2025 s. 19 |
14 of 2025 |
25 Sep 2025 |
26 Sep 2025 (see s. 2(b)) |
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© State of Western Australia 2025. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer