s 23 Deserted premises
23.—(1) Where —(a) immovable property is let at a rack rent or a rent not less than 75% of its annual value; (b) rent is in arrears for not less than 2 months of the tenancy; and (c) the tenant has abandoned possession of the premises, and left thereon no sufficient property out of which the arrears of rent may be recovered by distress, a judge may, on the application of the landlord, authorise the sheriff to enter on the premises, using such force as may be necessary to effect an entry into any building thereon, and take possession thereof; and the sheriff shall in such case enter on the premises and affix in a conspicuous place thereon a notice that possession thereof will be delivered to the landlord, unless within 10 days a judge, on the application of any person interested, otherwise orders. (2) If no such application is made within 10 days, the sheriff shall put the landlord in possession of the premises, and the lease or agreement of tenancy shall therefrom be deemed to be determined. (3) If any such application is made, the judge may make such order for possession of the premises, and on such terms as to payment of rent due or otherwise as he considers fair as between the parties, and for that purpose may direct that any preliminary question be tried as an issue. (4) An order made under this section may be discharged for sufficient reason and on such terms as the judge thinks fair, on application by any person interested, notwithstanding that the period thereby prescribed has expired. (5) This section shall not apply to District Courts.