What Property Can be Seized

Unless the landlord is specifically applying under the Distress For Rent Act, only property on the leased premises can be seized. Arguably, vehicles cannot be seized unless the designated parking stall is defined by the lease as part of the premises. The same might be true of goods such as bicycles that are in a storage area out of the suite. If the storage area forms part of the leased premises, goods in the storage area can be seized. If the storage area is not defined by the tenancy agreement as part of the leased premises, goods stored there cannot be seized as part of the distress for rent process.

Certain items are exempt from seizure. These items include:

• food for you and your family for the next year;
• necessary clothing for you and your family up to a certain value defined in the current regulation;
• household furnishings and appliances up to a certain value (includes one washer and dryer, one kitchen suite, one bedroom suite and bedding, one stove, one microwave, one fridge, one freezer, kitchen utensils, strollers, cradles and cribs for your children);
• medical and dental aids required by you and your family;
• personal property that you use to earn income from your occupation, up to a certain value; and,
• personal property that is needed for farming in the next year, where your primary occupation is farming.

The value of items that may be exempt is set by regulations passed under the Act and changes from time to time. If property is seized which falls into an exempt category, but which is worth more than is permitted under the current regulation, the item is subject to sale. However, before the civil enforcement agency distributes the proceeds of the sale, an amount will be refunded to you that represents the value of the exemption given in the regulation.

A tenant may have more than one item of a type of property that is exempt from seizure and the total value of the items is more than is permitted for you to keep, for example, two computers. You may then choose which items will be exempt up to the proscribed limit. If you do not make this decision in a timely manner, the bailiffs will make the decision.

If there is a difference of opinion as to whether particular items of property are exempt or not, an application to court can be made to have that question determined.

May 2005