Akta Distres 1951
Applies to: Federal Act — see s 5 (Application for warrant of distress) · Official text ↗
- Defines key terms like 'landlord', 'tenant', and 'bailiff' for the purpose of the Act (s 2).
- Prohibits landlords from seizing property except through the specific legal process outlined in the Act (s 4).
- Allows landlords to apply to a court for a warrant of distress to recover rent due for up to twelve months (s 5(1)).
- Specifies that the warrant directs the bailiff to seize movable property sufficient to cover the rent, costs, and fees (s 7).
- Lists property that cannot be seized, such as things in actual use, the tenant's necessary clothing and bedding, and goods belonging to guests at an inn (s 8)
- Requires the bailiff to provide an inventory and notice to the tenant before selling the seized goods (s 9(1)).
- Allows under-tenants or lodgers to apply to the court to release their own property if it was seized (s 10(1)).
- Sets a penalty for anyone who sells or helps sell seized property in violation of the Act (s 24).
- Does not apply to rents due to the Government of Malaysia or of any State (s 3)
What this law is
The Distress Act 1951 (Akta Distres 1951) is numbered Act 255 in the Laws of Malaysia. Where it applies is set out in section 5 (Application for warrant of distress).
Its long title, as printed in the official text: An Act relating to distress for rent.
Read every section, the amendment history and the official copy on our law library page for this Act.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Period within which the tenant must pay the amount due to prevent the sale of seized property | five days from the date of the notice | s 9(1) |
| Minimum period before the sale of seized property can take place | not less than six days from the date of the notice | s 9(1) |
| Period within which the bailiff may follow and seize property removed to avoid distress | thirty days of such removal | s 21(1) |
| Period rent must remain unpaid before a notice to quit can expire on a specified day | not less than fourteen days after payment thereof became due | s 25 |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Selling or abetting the sale of property seized under a warrant of distress in contravention of the Act or court rules | fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding three months | s 24 |
Laws cited on this page
| Act 255 | Distress Act 1951 Akta Distres 1951 | PDF · PDF (BM) · Official ↗ |
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Key sections
| Provision | What it says, in plain words |
|---|---|
| s 2 | Defines landlord, tenant, bailiff, Judge and Registrar for the purposes of the Act. A note in the official reprint says "Federal Territory" there refers to Kuala Lumpur and Labuan (P.U. (A) 355/1985). |
| s 4 | States that a landlord cannot seize property for rent unless they follow the specific methods provided in this Act (s 4). |
| s 5 | Allows a landlord or their authorized agent to apply to a Judge or Registrar for a warrant of distress to recover rent due for the previous twelve months (s 5(1)). |
| s 7 | The warrant directs the bailiff to seize movable property on the premises sufficient to cover the rent, costs, and the bailiff's fees (s 7). |
| s 8 | Some property cannot be seized: things in actual use in a person's hands, tools and implements not in use where other property is enough to cover the amount and costs, the tenant's necessary clothing and bedding for himself and his family, goods held for his trade, goods of guests at an inn, goods in the custody of the law, and certain public property. |
| s 9 | Requires the bailiff to make an inventory of seized goods and give the tenant notice that the goods will be sold unless the debt is paid or the sale is stopped by a court order (s 9(1)). |
| s 10 | Allows under-tenants or lodgers to apply to a Judge to release their own property if it was seized, provided they prove ownership and pay the arrears owed by their immediate landlord (s 10(1)). |
| s 16 | Gives the tenant the right to apply to a Judge to stop the execution of the warrant or release part of the seized property (s 16). |
| s 19 | The proceeds from selling the seized property are used first to pay the bailiff's fees, then the rent and costs, with any balance returned to the tenant (s 19). |
| s 21 | If a tenant removes property to avoid seizure, a Judge can authorize the bailiff to follow and seize that property within thirty days of its removal (s 21(1)). |
| s 24 | Anyone who sells or helps sell seized property in violation of the Act is liable to a fine or imprisonment upon conviction (s 24). |
| s 25 | If rent is unpaid for at least fourteen days, a notice to quit given by the landlord can expire on the date specified in the notice, even if it does not align with the end of a tenancy period (s 25). |
Worked examples
Facts. Ahmad, a tenant in Kuala Lumpur, owes rent. His landlord obtains a warrant of distress. The bailiff enters the premises and sees Ahmad using a laptop to work.
The law. Property in actual use in the hands of a person at the time of seizure is exempt from seizure (s 8(a)).
Outcome. The bailiff cannot seize the laptop because it is in Ahmad's actual use at that moment (s 8(a)).
Facts. Siti is a lodger in a house rented by her immediate landlord, Raj. Raj owes rent to the superior landlord, who obtains a warrant. The bailiff seizes Siti's personal furniture.
The law. A lodger may apply to a Judge to release their property if they satisfy the court that the immediate tenant has no interest in it and they pay the arrears owed by the immediate landlord (s 10(1)).
Outcome. Siti can apply to the Judge to release her furniture, provided she proves ownership and pays the arrears of rent that Raj owes (s 10(1)).
Facts. Before the bailiff arrives, tenant Kumar moves his expensive tools to a friend's house to avoid seizure. The landlord applies to the court.
The law. A Judge may authorize the bailiff to follow and seize property removed with the intention of hindering distraint within thirty days of removal (s 21(1)).
Outcome. The Judge can authorize the bailiff to go to the friend's house and seize the tools within thirty days of their removal (s 21(1)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Can my landlord just take my things if I don't pay rent?
No, a landlord cannot distrain for rent except in the manner provided by this Act (s 4). They must apply to a Judge or Registrar for a warrant of distress (s 5(1)).
What items are safe from being seized?
Items in actual use, necessary clothing and bedding, and tools not in use if there is other property to cover the debt are exempt (s 8). Goods belonging to guests at an inn are also exempt (s 8(e)).
How much time do I have to pay after my goods are seized?
You have five days from the date of the notice to pay the amount due to prevent the sale (s 9(1)). The sale cannot happen less than six days after the notice (s 9(1)).
What happens to the money from selling my seized goods?
The net proceeds are used first to pay the bailiff's fees and expenses, then to satisfy the rent and costs due to the landlord (s 19). Any balance is returned to the tenant (s 19).
Can I stop the sale if I think the bailiff took the wrong items?
Yes, the tenant may apply to a Judge to discharge or suspend the execution of the warrant, or to release any part of the property seized (s 16).
Is it a crime to help someone sell seized goods?
Yes, anyone who sells or abets the sale of seized property in contravention of the Act is liable to a fine or imprisonment (s 24).
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Sources
Related
Renting and buying propertyEnforcing a judgmentSmall claims (RM5,000 and below)