The Landlord and Tenant Act

C.C.S.M. c. L70

The Landlord and Tenant Act

Table of Contents

1 Definitions
(2) Registered common-law relationship
2 Method for service or giving notice, etc.
(2) Substitutional service
3 Remedies accrue to assignees of reversion
4 Lessee's covenants to run with reversion
5 Right of forfeiture before disposition
6 Remedies apply against assigns of grantor
7 Lessor's covenants to run with reversion
8 Apportionment on severance
(2) Application of sections 5, 7 and 8
9 Sub-lessee cannot call for title
(2) Saving intention
(3) Application
10 Effect of lease where deviation from terms of power
11 What amounts to confirmation
12 Duty of lessee to accept confirmation
13 Lease valid if grantor owner till valid lease can be granted
14 What amounts to exercise of power
15 Saving rights of lessees under covenants and lessor's right of re-entry
16 Effect of surrender or merger
17 Right of re-entry for non-payment of rent
(2) Right of re-entry where bawdy house kept
18 Definitions
(2) Restrictions on and relief against forfeiture
19 Relief against forfeiture
(2) Where right of entry is under statute
(3) Lease until breach
(4) Proceedings stayed on payment of rent
(5) Lessee's position continues
(6) Application of section
(7) Exceptions
(8) Failure to insure
20 Protection of under-leases on forfeiture
21 Parties to action for forfeiture
22 Licence to assign not to be withheld unreasonably
(2) Application to court where licence withheld
23 Restriction of effect of licence under power
24 Restricted operation of partial licences
25 Restriction of effect of waiver
26 Taxes not include local improvements
27 Notice to quit
28 Penalty for not notifying landlord
29 Distress for three month's arrears
(2) Distress reasonable
(3) Distress for rents seck
30 Distress on determination
31 Distress in case of death
32 Personal representative may distrain
33 Right to distrain grain, etc.
34 Right to distrain cattle, etc.
(2) Right to distrain standing crops
(3) Notice to tenant
(4) Satisfying such distress
(5) Sale of crops
(6) Liability of purchaser for occupation
35 Chattels off premises not to be distrained
36 Exemptions from seizure
(2) Selections of exemptions
(3) Exemptions cannot be waived in leases, etc.
37 Right to distrain limited to goods of tenant
38 Mortgagee or vendor not to distrain goods of tenant exempt from execution
(2) Mortgagee or vendor may serve notice and recover rent or rental value
(3) Consent of prior mortgagees
(4) Determination and settlement of disputes as to rental value
(5) Mortgagee accountable for receipts
(6) Application of section
39 Right of set-off
(2) Effect of notice
(3) Service of notice
(4) Defects not to invalidate
40 Landlords may distrain goods carried off for 30 days
(2) Exemptions
41 Right of landlord to break open buildings, etc.
42 Penalty for fraudulent removal
43 Beasts distrained
(2) Separate impoundment
(3) Penalty
(4) Where goods to be impounded
44 Damages for pound breach
45 Sale of distress when made
46 Lien of landlord in bankruptcy
(2) Rights of assignee
47 Election of assignee to surrender
(2) Right of sub-tenants
(3) Rental from under-lessee
(4) Settlement of dispute
48 Goods taken in execution subject to rent
(2) When execution can proceed
(3) Payment to execution creditor
49 Crops seized while on land liable for rent
50 Irregularities not to void distress
51 Damages for wrongful distress
(2) Where no rent due
52 Penalty double value for overholding
53 Double rent where notice to quit
54 Agreement to attorn in mortgage valid
(2) Effect of
(3) Application
55 Nullity of attornment to stranger
(2) Mortgages excepted
56 Attornment not necessary
(2) Tenant not to be prejudiced
57 Chief leases renewed without surrender of under-leases
(2) Rights of parties thereunder
58 Renewal on order of court in case of absentees
(2) Validity of
(3) Direction to bring action
(4) Conditions of
(5) Payments for to be disposed of by court
(6) Costs
59 Definition of "judge"
60 Disputes as to distress
(2) Application to judge
61 Order pending determination
62 Jurisdiction of judge
63 Judgment final
64 Appeal from summary trial
65 Appeal from trial
66 Other remedies preserved
67 Application to judge for writ of possession
(2) Material required
(3) Inquiry and determination
(4) Notice of proceedings
68 King's Bench rules apply
69 Intituling proceedings
70 Procedure on default
(2) On appearance
(3) Proceedings court records
71 Power to amend
72 Appeal from order
(2) Discharging order for possession
(3) Possession restored
73 Application for possession on failure to pay rent
(2) Application of subsections 67(2), (3) and (4) to application
(3) Hearings
(4) Enforcing order for possession
(5) Payment of rent a stay
(6) Procedure in case of vacancy
74 Costs
75 Order by court for money payments
(2) Order is a judgment of court
76 Distraint of farm property abolished