Section 15: Withholding of rent
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
15. Withholding of rent
(1) The rents and profits of the property shall be withheld from the date
of the transcription of the seizure, and distributed with the sale price of the
property according to the ranking of claims.
S3 – 7 [Issue 1]
Sale of Immovable Property Act
(2) (a) A simple opposition without further formality, at the instance of
the execution or any other creditor, shall operate as an attachment in the
hands of the lessee who shall from then deposit with the Master all rent due
by him, when it falls due.
(b) Where there is no opposition, any payment made to the debtor
shall operate pro tanto as a valid discharge to the lessee, and the execution
debtor shall be accountable as judicial sequestrator of the property for the
amount paid to him.
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Questions this section answers
- What happens to rent from my seized property once the seizure is registered?
- If a creditor objects, does my tenant have to pay rent to the court instead of to me?