(1)In a case where section 138 has effect, if—
(a)one-half-year’s rent is in arrear at the time of the commencement of the action; and
(b)the lessor has a right to re-enter for non-payment of that rent; and
[F1(c)the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover the arrears; and
(d)there are not sufficient goods on the premises to recover the arrears by that power,]
the service of the summons in the action in the prescribed manner shall stand in lieu of a demand and re-entry.
(2)Where a lessor has enforced against a lessee, by re-entry without action, a right of re-entry or forfeiture as respects any land for non-payment of rent, the lessee may F2 . . .at any time within six months from the date on which the lessor re-entered apply to the county court for relief, and on any such application the court may, if it thinks fit, grant to the lessee such relief as the High Court could have granted.
[F3(3)Subsections (9B) and (9C) of section 138 shall have effect in relation to an application under subsection (2) of this section as they have effect in relation to an application under subsection (9A) of that section.]
Textual Amendments
F1S. 139(1)(c)(d) substituted for s. 139(1)(c) (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 14 para. 40 (with s. 89); S.I. 2014/768, art. 2(1)(b)
F2Words in s. 139(2) repealed by S.I. 1991/724, art. 2(8), Schedule PartI
F3S. 139(3) inserted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 55(5)
Modifications etc. (not altering text)
C1S. 139 amended by S.I. 1990/776, art. 4(1)(g) and (2)
S. 139 extended by S.I. 1991/724, art. 2(1)(l)