Who holds the right to be repaid a deposit ahead of other creditors, and which sales does that right reach?
General information · Not legal advice
Material to check
In a practice file we read the lease contract for the confirmed date stamped by the head of the competent tax office, the papers showing the tenant met the requirements needed to assert the lease, and the auction or tax-sale record showing how the proceeds were distributed.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading states the right as the provision writes it: a tenant who has met the assertion requirements referenced in the lease protection provision and holds a confirmed date on the lease contract from the head of the competent tax office may, once the tenant has delivered the leased building to the purchaser, be repaid the deposit out of the proceeds ahead of junior rights holders and other creditors, in an auction under the Civil Execution Act or a public sale under the National Tax Collection Act, with the landlord's own land forming part of those proceeds.
Another reading marks the limits: the provision imports the assertion requirements from the lease protection provision without restating them, so the file has to supply those requirements from that other source, and the priority right is written for these two kinds of sale only, leaving a sale arranged privately by the landlord outside what this paragraph reaches.
Your judgment
Where two or more tenants of the same building each hold a confirmed date on their leases, how could the file show the order in which their deposits are repaid from the same proceeds?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the priority provision is amended to change who qualifies or which sales it reaches, or if a court decision explains how the imported assertion requirements are proved at the distribution stage.