SCHEDULES

SCHEDULE 14Rent arrears recovery: amendments

Common Law Procedure Act 1852 (c. 76)

14

The Common Law Procedure Act 1852 is amended as follows.

15

In section 210 (proceedings in ejectment by landlord for non-payment of rent), for “and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due” substitute “ and that either of the conditions in section 210A was met in relation to the arrears ”.

16

After that section insert—

210AConditions relating to commercial rent arrears recovery

1

The first condition is that the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) was not exercisable to recover the arrears.

2

The second condition is that there were not sufficient goods on the premises to recover the arrears by that power.