{"id":"distress-for-rent-abolition-act-1936","name":"Distress for Rent Abolition Act 1936","slug":"distress-for-rent-abolition-act-1936","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30476,"registerId":"wa-distress-for-rent-abolition-act-1936-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Distress for Rent Abolition Act 1936","content":"![Crest]()Western Australia\n\nDistress for Rent Abolition Act 1936\n\nWestern Australia\n\nDistress for Rent Abolition Act 1936\n\nContents\n\n1. Short title 1\n\n2. Abolition of distress for rent due 1\n\n4. Restriction of remedies of mortgagee or annuitant against tenant 1\n\n5. Saving of right to recover by action 1\n\nNotes\n\nCompilation table 3\n\n  \n\nWestern Australia\n\nDistress for Rent Abolition Act 1936\n\nAn Act to abolish distress for rent and for other relative purposes.\n\n##### 1. Short title\n\nThis Act may be cited as the *Distress for Rent Abolition Act 1936*.\n\n##### 2. Abolition of distress for rent due\n\nAfter the commencement of this Act no distress for rent shall be levied or made.\n\n[**3.** Deleted: No. 14 of 2025 s. 19(2).]\n\n##### 4. Restriction of remedies of mortgagee or annuitant against tenant\n\nIn lieu of the power of distress for rent contained in section 112 of the *Transfer of Land Act 1893*, as against the tenant or occupier for arrears of any interest or annuity therein referred to, the person to whom the interest or annuity is due may, subject to the proviso in the said section as to liability, recover the same in any court of competent jurisdiction as a debt from the occupier or tenant of the land mentioned in the mortgage or charge.\n\n##### 5. Saving of right to recover by action\n\nNothing in this Act shall prejudice or affect the right of a person to whom rent is due to recover the same as a debt from the person liable to pay the same in any court of competent jurisdiction.\n\n[**6.** Deleted: No. 59 of 2004 s. 141.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Distress for Rent Abolition Act 1936* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | | **Assent** | | **Commencement** | |\n| --- | --- | --- | --- | --- | --- | --- |\n| *Distress for Rent Abolition Act 1936* | | 38 of 1936 | | 11 Dec 1936 | | 11 Dec 1936 |\n| *Distress for Rent Abolition Act Amendment Act 1941* | | 14 of 1941 | | 7 Nov 1941 | | 7 Nov 1941 |\n| *Residential Tenancies Act 1987* s. 89 | | 128 of 1987 | | 21 Jan 1988 | | 1 Oct 1989 (see s. 2 and *Gazette* 18 Aug 1989 p. 2748) |\n| **Reprint 1: The *Distress for Rent Abolition Act 1936* as at 4 July 2003**   (includes amendments listed above) | | | | | | |\n| *Courts Legislation Amendment and Repeal Act 2004* s. 141 | | 59 of 2004 | | 23 Nov 2004 | | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) |\n| *Statutes (Repeals and Minor Amendments) Act 2025* s. 19 | 14 of 2025 | | 25 Sep 2025 | | | 26 Sep 2025 (see s. 2(b)) |\n\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient data to assess whether the Act's scope changed from its original intent. The legislation text is unavailable. Based on the title alone, the Act appears to have had a single, targeted purpose — abolishing the remedy of distress for rent — which is consistent with similar abolition Acts passed across Australian jurisdictions in the early-to-mid 20th century. No scope drift can be confirmed or denied."},"complexity_factors":["The source legislation text is entirely unavailable — analysis is based solely on the Act's title and historical legal context","The underlying legal concept (distress for rent) is a narrow, archaic common law remedy, not inherently complex in modern application","As an abolition Act, it likely contained straightforward repealing language rather than complex regulatory machinery","Age of the Act (1936) may mean it interacts with now-superseded legislative frameworks, adding some interpretive difficulty","Without access to the actual text, no assessment of exceptions, savings provisions, or cross-references is possible"],"plain_english_summary":"Likely abolishes the old common-law remedy of “distress for rent,” removing landlords’ power to seize tenants’ goods without a court order and requiring recovery of unpaid rent through legal proceedings. It chiefly affects landlords and tenants in Western Australia, especially commercial and agricultural leases, by protecting tenants’ possessions and shifting enforcement to the courts.\n\nNote: the Act’s text couldn’t be retrieved; this is inferred from the title only."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: abolishing distress for rent and providing alternative remedies. While sections have been deleted over time (section 3 in 2025, section 6 in 2004), this represents consolidation and simplification rather than scope creep. The core function—banning distress while preserving court-based recovery—has remained unchanged since 1936."},"complexity_factors":["Extremely short statute—only 3 operative sections (sections 3 and 6 deleted)","Minimal defined terms (none in a dedicated interpretation section)","Simple, unqualified prohibitions ('no distress for rent shall be levied')","Single cross-reference to external legislation (Transfer of Land Act 1893, section 112)","No nested exceptions or conditional logic—straightforward abolition with savings clause","Legislative history shows gradual simplification through deletion of sections rather than accretion of complexity"],"plain_english_summary":"**What this law does:**\n\nThis Act abolishes an old English legal procedure called \"distress for rent\" in Western Australia. \n\n**What was \"distress for rent\"?**\n\nThis was a medieval remedy that allowed landlords (and some mortgage holders) to seize a tenant's personal belongings—furniture, livestock, equipment—without going to court, if the tenant owed rent. A landlord could literally send someone to take your stuff from your home or business to cover unpaid rent.\n\n**What changed:**\n\n- **Section 2**: Completely bans distress for rent. After 1936, landlords can no longer seize tenant's goods without court approval.\n- **Section 4**: Closes a loophole for mortgagees (lenders) and annuitants (people receiving regular payments secured against property). They used to have distress powers under the *Transfer of Land Act 1893*; now they must sue for the money as a debt in court instead.\n- **Section 5**: Preserves landlords' rights to sue tenants for unpaid rent through normal court processes—just without the self-help seizure option.\n\n**Who it affects:**\n\n- Residential and commercial tenants (protected from having goods seized)\n- Landlords (must use courts to recover rent arrears)\n- Mortgage lenders and annuitants (must use debt recovery actions, not distress)\n\n**Why it matters:**\n\nThis law modernised debt recovery by removing a violent, disruptive self-help remedy that dated back centuries. It ensures disputes over rent go through proper legal channels rather than allowing creditors to take matters into their own hands. The Act reflects a shift toward rule-of-law principles: no taking of property without judicial oversight."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act's core scope—abolishing distress for rent and requiring court actions to recover rent or related annuities—remains as originally enacted (see ss 2, 4–5). Later amendments and deletions (compilation table; deleted ss 3 and 6) removed or updated ancillary provisions but did not alter the fundamental change in remedies or the classes of persons affected."},"complexity_factors":["Very short and direct primary rule: abolition of distress for rent (s 2) — lowers textual complexity.","Replacement remedies specified: mortgagee/annuitant must sue as for a debt (s 4), and landlords retain right to recover by action (s 5) — introduces procedural and creditor-type distinctions.","Cross-reference to another statute (Transfer of Land Act 1893, s 112) increases interpretive complexity and requires reading multiple statutes together (s 4).","Amendments and deletions over time (see compilation table; s 3 and s 6 deleted) add historical/operational complexity for determining current law and transitional effects.","Shift from self-help enforcement to court-based recovery creates practical complexity for enforcement costs, jurisdictional questions and timing (interaction with civil procedure and tenancy law)."],"plain_english_summary":"This Act abolishes distress for rent: from its commencement nobody may levy distress (seize a tenant’s goods) to recover unpaid rent. Instead, landlords and persons owed interest or annuities under a mortgage or charge must recover arrears by bringing a debt action in court. That change transfers enforcement costs and timing from self-help (landlords/creditors) to court processes and judges (see ss 2, 4–5)."}},"importantCases":[],"_links":{"self":"/api/acts/distress-for-rent-abolition-act-1936","history":"/api/acts/distress-for-rent-abolition-act-1936/history","analysis":"/api/acts/distress-for-rent-abolition-act-1936/analysis","conflicts":"/api/acts/distress-for-rent-abolition-act-1936/conflicts","importantCases":"/api/acts/distress-for-rent-abolition-act-1936/important-cases","documents":"/api/acts/distress-for-rent-abolition-act-1936/documents"}}