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

Valid from 15/07/2013

Part 3 E+W Enforcement by taking control of goods

Chapter 2 E+W Rent arrears recovery

Valid from 06/04/2014

Supplementary E+W

85 Contracts for similar rights to be void E+W

(1) A provision of a contract is void to the extent that it would do any of these—

(a) confer a right to seize or otherwise take control of goods to recover amounts within subsection (2);

(b) confer a right to sell goods to recover amounts within subsection (2);

(c) modify the effect of section 72(1), except in accordance with subsection (3).

(2) The amounts are any amounts payable—

(a) as rent;

(b) under a lease (other than as rent);

(c) under an agreement collateral to a lease;

(d) under an instrument creating a rentcharge;

(e) in respect of breach of a covenant or condition in a lease, in an agreement collateral to a lease or in an instrument creating a rentcharge;

(f) under an indemnity in respect of a payment within paragraphs (a) to (e).

(3) A provision of a contract is not void under subsection (1)(c) to the extent that it prevents or restricts the exercise of CRAR.

(4) In this section—

• “lease” also includes a licence to occupy land;

• “rent” and “rentcharge” have the meaning given by section 205(1) of the Law of Property Act 1925 (c. 20).

86 Amendments E+W

Schedule 14 makes minor and consequential amendments (including repeals of powers to distrain for rentcharges and other amounts within section 85(2)).

87 Interpretation of Chapter E+W

In this Chapter—

• “landlord” has the meaning given by section 73;

• “lease” has the meaning given by section 74 (subject to section 85(4));

• “notice of enforcement” means notice under paragraph 7 of Schedule 12;

• “rent” (except in sections 71 and 85) has the meaning given by section 76;

• “tenant”, in relation to a lease, means the tenant for the time being under the lease.