Part 3Enforcement by taking control of goods

Chapter 2Rent arrears recovery

Supplementary

I185Contracts for similar rights to be void

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).

I286Amendments

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

I387Interpretation of Chapter

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.