62Penalty for proceeding with distress after a declaration has been made under section 61

62 Penalty for proceeding with distress after a declaration has been made under section 61

(1)  If any superior landlord, or any agent employed by him –

(a) after being served with such declaration and inventory as aforesaid; and

(b) in the case of an under-tenant or lodger, after such undertaking as aforesaid has been given, and the amount of rent, if any, then due has been paid or tendered in accordance with such undertaking –

levies or proceeds with a distress on the goods or chattels of the under-tenant, lodger, or other person aforesaid, such superior landlord, bailiff, or other agent shall be guilty of an illegal distress, and the under-tenant, lodger, or other person aforesaid may apply by complaint under the Justices Act 1959 , for an order for the restoration to him of such goods.

(2)  On the hearing of such complaint the court shall inquire into the truth of the declaration and inventory, and shall make such order for the recovery of the goods or chattels or otherwise as to it may seem just.

(3)  The superior landlord shall also be liable to an action at the suit of the under-tenant, lodger, or other person aforesaid, in which action the truth of the declaration and inventory may likewise be inquired into.