Goods available for distress

A bailiff can (with certain exceptions) levy distress on goods in the apparent possession of the tenant whether or not the tenant owns them.

In Xipho Development Co Ltd v CHM Holdings Ltd  ([1997] HKLRD 36, CA) the tenant was in arrears with the rent. A bailiff went to the property to execute a warrant of distress and seized goods that he found there. A third party then sought to prevent the sale of the property claiming to be the owner of them. The claim failed. The landlord was entitled to sell any goods found at the property that were in the apparent possession of the tenant (see Landlord and Tenant (Consolidation) Ordinance (Cap 7), s.87) with the exceptions found in Landlord and Tenant (Consolidation) Ordinance (Cap 7), s.88).

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One Response to “Goods available for distress”

  1. MikoMaruko (@elegant619) Says:

    “A bailiff can (with certain exceptions) levy distress on goods in the apparent possession of the landlord whether or not the landlord owns them.”

    I think it is the apparent possession of the “tenant” , not the “landlord”

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