Part 3

Enforcement by taking control of goods
Chapter 2

Rent arrears recovery

Supplementary

Contracts for similar rights to be void
85
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).
S. 85 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a) (with art. 2(2)-(6))