SCHEDULES
SCHEDULE 14Rent arrears recovery: amendments
Law of Property Act 1925 (c. 20)
I121
The Law of Property Act 1925 is amended as follows.
I222
In section 109 (powers etc. of receiver appointed by mortgagee), in subsection (3), for “, distress” substitute “
or under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery)
”
.
I323
Section 121(2) ceases to have effect.
I424
In section 150 (surrender of a lease, without prejudice to underleases with a view to the grant of a new lease), in subsection (5), for “by distress or” substitute “
under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) or by
”
.
I525
In section 162 (restrictions on the perpetuity rule) in subsection (1) omit paragraph (a).
I626
In section 189 (indemnities against rents) omit subsection (1).
I727
1
Section 190 (equitable apportionment of rents and remedies for non-payment or breach of covenant) is amended as follows.
2
Omit subsection (2).
3
For subsections (4) and (5) substitute—
4
Subsection (5) applies where—
a
any default is made in payment of the whole or part of a rent by the person (“the defaulter”) who, by reason of a charge or apportionment within subsection (3), is liable to pay it, and
b
the lessee for the time being of any other land comprised in the lease, in whom, as respects that land, the residue of the term or interest created by the lease is vested, (“the paying lessee”) pays or is required to pay the whole or part of the rent which ought to have been paid by the defaulter.
5
Section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) applies, subject to the other provisions of Chapter 2 of Part 3 of that Act, to the recovery by the paying lessee from the defaulter of the rent paid by the paying lessee which ought to have been paid by the defaulter, as if the paying lessee were the landlord, and the defaulter his tenant, under the lease.
4
In subsection (7) omit “owner or”.