- Laws of Fiji

Last Updated: 31 May 2019

[DR F 5] FORM 5 NOTICE OF DISTRESSDISTRESS FOR RENT ACT 1961

To:
and all others whom it may concern.
TAKE NOTICE that by virtue of an authority given to me by (¹)
I have this day seized, distrained and impounded on the premises the goods specified in the following inventory for the sum of $ being rent owing to the said(²) up to the day of 20 for (³)
AND FURTHER TAKE NOTICE that unless the said rent be paid, together with the expenses of this distress, within 5 days from the date hereof they will be sold according to law.
Signed
Bailiff.
NOTE. — A man or woman who may be left in possession of the goods distrained is not authorised to receive the amount for which the distress is made.
(1) State name and full address of person actually authorising the distress and if the person is an agent the name of the landlord for whom he or she acts.
(2) State name of landlord.
(3) State name, description and full address of premises.

FORM 5 (back)
SCALE OF FEES
A bailiff authorised to levy a distress is entitled to the following fees, charges and expenses—

				Where sum demanded and due
				Does not Exceed $20	Does not Exceed $40	Exceeds $40
1.	For levying distress			$1	$1.25	4% on the first $100, 2.5% on the next $300, and 1% on any additional sum.
2.	(i)	For physical possession per day		$1.50	$1.50	$1.75
		(a)	This fee is payable in respect of the day on which the distress is levied but a fee for physical possession must not be charged where a walking-possession agreement is signed at the time when the distress is levied.
		(b)	Man or woman in possession to provide his or her own board.
	(ii)	For walking-possession under an agreement in Form 6 signed by the tenant — for each day on which the goods are inspected		$0.50	$0.50	$0.50
3.	For appraisement, where the tenant or owner of the goods by writing requires the appraisement to be made; on the value as appraised but with a minimum fee of $1; to be paid and borne by the tenant or owner requiring the appraisement. In addition reasonable travelling expenses of the valuer, such expenses to be subject to taxation under rule 17.			$0.05 in $2	$0.05 in $2	$0.05 in $2
4.	For removal, the reasonable costs and charges attending the removal; the costs and charges are to be borne and paid by the tenant or owner at whose request in writing the goods distrained have been removed, and are to be subject to taxation under rule 17.
5.	For all expenses of advertisements (if any) the sum actually and necessarily paid not exceeding			$2	$2	$4
6.	For commission on sale			$0.15 in $2	$0.15 in $2	$0.15 in $2 for the first $200 and $0.08 in $2 thereafter
7.	Reasonable fees, charges and expenses where distress is withdrawn, and no sale takes place, and for negotiations between landlord and tenant respecting the distress, subject to taxation under rule 17.