Section 38, The Bankruptcy Act, 2009

The landlord or other person to whom any rent is due fromthe bankrupt may, subject to the provisions of any enactment affecting rent, at any time either before or after the commencement of the bankruptcy, distrain upon the goods or effects of the bankrupt for 36 37 Priority of debts. Landlord’s power of distress. Cap. 219. Act No. 5 of 2001. Act No. 5 of 2001. the rent due to him from the bankrupt, with this limitation, that if such distress for rent be levied after the commencement of the bankruptcy, it shall be available only for six months’ rent accrued due prior to the date of the order of adjudication and shall not be available for rent payable in respect of any period subsequent to the date when the distress was levied; but the landlord or other person to whom the rent may be due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available.