Tribunals, Courts and Enforcement Act 2007 (c. 15)

Part 3 E+W Enforcement by taking control of goods

Chapter 2 E+W Rent arrears recovery

Commercial rent arrears recovery E+W

78 Intervention of the court E+W

(1) If notice of enforcement is given in exercise (or purported exercise) of CRAR the court may make either or both of these orders on the application of the tenant—

(a) an order setting aside the notice;

(b) an order that no further step may be taken under CRAR, without further order, in relation to the rent claimed.

(2) Regulations may make provision about—

(a) the further orders that may be made for the purposes of subsection (1)(b);

(b) grounds of which the court must be satisfied before making an order or further order.

(3) In this section “the court” means the High Court or [F1 the county court], as rules of court may provide.

Textual Amendments

F1 Words in s. 78(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I1 S. 78(1)(3) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a)

I2 S. 78(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(e)

I3 S. 78(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(a)