Tribunals, Courts and Enforcement Act 2007 Explanatory Notes

Commentary on Sections: Part 3

Section 86: Amendments

403.This section introduces the minor and consequential amendments relating to this Chapter that are contained in Schedule 14. These include amendments to abolish statutory powers to distrain for rentcharges (conferred by, for example, section 121(2) of the Law of Property Act 1925).

404.It is not considered necessary to make any amendment to the Lodgers’ Goods Protection Act 1871. Although there has been some doubt as to the extent of its repeal under section 8 of the Law of Distress Amendment 1908, it is considered that the Act is now wholly repealed by virtue of that enactment and section 132 of, and Schedule 6 to, the Judgements (Enforcement) Act (Northern Ireland) 1969. In any event, if not wholly repealed, the Lodgers’ Goods Protection Act 1871 would now be superseded by the abolition of the common law to distrain for rent arrears under section 71.

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