Distraint Clause Samples
The Distraint clause grants a landlord the legal right to seize a tenant's property located on the leased premises if the tenant fails to pay rent or otherwise breaches the lease agreement. In practice, this means that if a tenant defaults, the landlord may enter the property and take possession of certain goods or assets belonging to the tenant, often after providing notice or following specific legal procedures. The core function of this clause is to provide landlords with a means of securing unpaid rent or damages, thereby incentivizing tenants to fulfill their lease obligations and offering landlords a remedy for nonpayment.
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Distraint. For the purposes of distress for rent in terms of Part III of the Landlord and Tenant (Consolidation) Ordinance (Cap.7) or any statutory modification or re-enactment for the time being in force and of these presents the rent payable in respect of the said premises shall be and be deemed to be in arrears if not paid in advance at the times and in manner hereinbefore provided for payment thereof.
Distraint. For the purposes of distress for rent, the rent payable in respect of the Premises shall be and be deemed to be in arrears if not paid in advance at the times and in the manner hereinbefore provided for payment thereof.
Distraint. For the purposes of Part III of the Landlord and Tenant (Consolidation) Ordinance (Cap.7) and of this Agreement, the Rent payable in respect of the Premises and other amounts recoverable by distress as rent in arrears shall be and be deemed to be in arrears if not paid in advance at the times and in the manner herein provided for payment thereof. All costs and expenses of and incidental to distraint shall be paid by the Tenant on a full indemnity basis and shall be recoverable from Tenant as a debt.
Distraint. For the purposes of Part III of the Landlord and Tenant (Consolidation) Ordinance (Chapter 7) and of this Agreement, the rent payable in respect of the Premises shall be and be deemed to be in arrear if not paid in advance at the times and in the manner hereinbefore provided for payment thereof.
Distraint. In addition to all other rights and remedies of Landlord, if Tenant shall be in Default hereunder, Landlord shall, to the extent permitted by law, have a right of distraint for Rent and a lien on all of Tenant's furniture, trade fixtures and equipment in the Premises, as security for Rent.
Distraint. For the purposes of Part III of the Landlord and Tenant (Consolidation) Ordinance or any statutory modification or re-enactment thereof, the Rent and Service Charges shall be in arrears if not paid in accordance with Clause 3.1.
Distraint. (a) If extraordinary circumstances have occurred which make it improbable for the Issuer to fulfill its obligations under this Deed and/or the Debentures in the opinion of the Debenture Trustee.
(b) If it is certified by the statutory auditors that the liabilities of the Issuer exceed its assets indicating the inability of the Issuer to discharge its obligations under this Deed.
Distraint. If the City levies distress against the goods and chattels of the Tenant, such force as may be deemed necessary for the purpose and for gaining admission to the Premises may be used without the City being liable to any action in respect thereof or for any loss or damage occasioned thereby and the Tenant hereby expressly releases the City, its employees and agents from all actions, proceedings, claims or demands whatsoever for or on account or in respect of any such forcible entry or any loss or damage sustained by the Tenant in connection therewith.
Distraint. In addition to Rent any amounts falling due under this Agreement may be recovered by distress as rent in arrears. For the purposes of Part III of the Landlord and Tenant (Consolidation) Ordinance (Cap.7) and of these presents, the Rent payable in respect of the Premises and other amounts recoverable by distress as rent in arrears shall be and be deemed to be in arrears if not paid in advance at the times and in the manner hereinbefore provided for payment thereof. All costs and expenses of and incidental to distraint shall be paid by the Tenant on a full indemnity basis and shall be recoverable from it as a debt.
Distraint. All monies payable by the Tenant under this lease not expressly reserved as rent shall be a charge on the Premises and recoverable as for rent in arrear.