The Distress for Rent (Bailiffs) Act, Cap. 76, which originated from the Distress for Rent (Bailiffs) Ordinance of 1956, is a legal remedy used by landlords to recover unpaid or due rent from tenants. With the passage of time and changes in socio-economic circumstances, the Uganda Law Reform Commission recognized the need to review the Act to address existing gaps, challenges in implementation, and ensure its alignment with later enactments affecting the landlord-tenant relationship. The goal was to propose a more effective administration of the distress for rent process.
The comprehensive study focused on the relevance of the distress for rent remedy in today's socio-economic context, the interplay between the Distress for Rent (Bailiffs) Act and related laws, and the enforcement challenges faced with this remedy. Additionally, the study explored the available remedies for aggrieved parties, assessed the adequacy of the existing procedure and processes in enforcing the distress for rent remedy.
The study's findings culminated in a set of legislative proposals aimed at amending the Distress for Rent (Bailiffs) Act to address the identified issues. The proposed amendments include:
- Limited Role of Police: The Act should specify that the role of the police in the distress for rent process is limited to providing security during the execution of the remedy.
- Exemption of Goods: The Act should outline specific goods that are exempt from being seized under the distress for rent remedy to protect essential possessions of tenants.
- Disposal of Distressed Property: The Act should establish a clear process for the disposal of seized goods to ensure transparency and fairness in the execution of the remedy.
- Notice Requirement: Landlords should be mandated to give tenants prior notice of their intention to sell off seized goods if the tenant fails to pay rent arrears, providing an opportunity for the tenant to rectify the situation.
- Remedies for Wrongful Distress: The Act should provide remedies for tenants who have been wrongfully subjected to the distress for rent process, protecting their rights in cases of misuse or abuse of the remedy.
- Remedies for Landlords: The Act should outline remedies available to landlords in cases of tenant misconduct, ensuring landlords can seek appropriate redress for any damages caused.
This review has considered the changing legal landscape and socio-economic conditions to present a comprehensive assessment of the Distress for Rent (Bailiffs) Act, aiming to enhance its effectiveness and fairness in addressing rent-related disputes between landlords and tenants.
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Completed Projects