Part 3Enforcement by taking control of goods
Chapter 2Rent arrears recovery
Right to rent from sub-tenant
81Right to rent from sub-tenant
1
This section applies where CRAR is exercisable by a landlord to recover rent due and payable from a tenant (the immediate tenant).
2
The landlord may serve a notice on any sub-tenant.
3
The notice must state the amount of rent that the landlord has the right to recover from the immediate tenant by CRAR (the “notified amount”).
4
When it takes effect the notice transfers to the landlord the right to recover, receive and give a discharge for any rent payable by the sub-tenant under the sub-lease, until—
a
the notified amount has been paid (by payments under the notice or otherwise), or
b
the notice is replaced or withdrawn.
5
A notice under this section takes effect at the end of a period to be determined by regulations.
6
Regulations may state—
a
the form of a notice under this section;
b
what it must contain;
c
how it must be served;
d
what must be done to withdraw it.
7
In determining for the purposes of this section whether CRAR is exercisable, section 77 applies with these modifications—
a
if notice of enforcement has not been given, references to that notice are to be read as references to the notice under this section;
b
if goods have not been taken control of, section 77(3)(b) does not apply.
8
In this section and sections 82 to 84—
a
“sub-tenant” means a tenant (below the immediate tenant) of any of the premises comprised in the headlease (and “sub-lease” is to be read accordingly);
b
“headlease” means the lease between the landlord and the immediate tenant.