Part 3Enforcement by taking control of goods
Chapter 2Rent arrears recovery
Commercial rent arrears recovery
73Landlord
I21
In this Chapter “landlord”, in relation to a lease, means the person for the time being entitled to the immediate reversion in the property comprised in the lease.
I22
That is subject to the following.
I23
In the case of a tenancy by estoppel, a person is “entitled to the immediate reversion” if he is entitled to it as between himself and the tenant.
I24
If there are joint tenants of the immediate reversion, or if a number of persons are entitled to the immediate reversion as between themselves and the tenant—
a
“landlord” means any one of them;
b
CRAR may be exercised to recover rent due to all of them.
I25
If the immediate reversion is mortgaged, “landlord” means—
a
the mortgagee, if he has given notice of his intention to take possession or enter into receipt of rents and profits;
b
otherwise, the mortgagor.
I26
Subsection (5) applies whether the lease is made before or after the mortgage is created, but CRAR is not exercisable by a mortgagee in relation to a lease that does not bind him.
I27
Where a receiver is appointed by a court in relation to the immediate reversion, CRAR is exercisable by the receiver in the name of the landlord.
I1I38
Any authorisation of a person to exercise CRAR on another's behalf must be in writing and must comply with any prescribed requirements.
I29
This Chapter applies to any other person entitled to exercise CRAR as it applies to a landlord.