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Tribunals, Courts and Enforcement Act 2007, SCHEDULE 14 is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Section 86
1E+WThe Distress for Rent Act 1689 ceases to have effect.
Commencement Information
I1Sch. 14 para. 1 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
2E+WIn the Landlord and Tenant Act 1709 omit the following—
(a)section 1;
(b)sections 6 to 8.
Commencement Information
I2Sch. 14 para. 2 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
3E+WIn the Landlord and Tenant Act 1730 omit section 5.
Commencement Information
I3Sch. 14 para. 3 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
4E+WIn the Distress for Rent Act 1737 the following cease to have effect—
(a)sections 1 to 10;
(b)sections 16 and 17;
(c)section 19.
Commencement Information
I4Sch. 14 para. 4 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
5E+WThe Deserted Tenements Act 1817 ceases to have effect.
Commencement Information
I5Sch. 14 para. 5 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
6(1)In section 67 of the Fines and Recoveries Act 1833 (assignees to recover rent of the lands of a bankrupt), for the words from “or may distrain” to “recovering of rent in arrear;” substitute “ or, so far as the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover any of those rents and profits, may exercise that power, as if they were the landlord, on behalf of the creditors; ”.E+W
(2)This paragraph does not extend to Northern Ireland.
Commencement Information
I6Sch. 14 para. 6 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
7E+WThe Metropolitan Police Courts Act 1840 ceases to have effect.
Commencement Information
I7Sch. 14 para. 7 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
8E+WThe Execution Act 1844 ceases to have effect.
Commencement Information
I8Sch. 14 para. 8 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
9(1)In section 11 of the Lands Clauses Consolidation Act 1845 (payment of rents to be charged on tolls) omit the words from “or it shall be lawful” to the end.E+W
(2)This paragraph extends only to England and Wales.
Commencement Information
I9Sch. 14 para. 9 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
10E+WIn section 112 of the Inclosure Act 1845 (recovery of rents of allotment) for “by distress” substitute “ under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) ”.
Commencement Information
I10Sch. 14 para. 10 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
11(1)Section 38 of the Markets and Fairs Clauses Act 1847 (recovery of stallage, rents or tolls) is amended as follows.E+W
(2)The existing words become subsection (1).
(3)After “England” insert “ (subject to subsection (2)) ”.
(4)After subsection (1) insert—
“(2)Subsection (1) does not apply to the levying of rent in respect of premises in England and Wales to the extent that the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover such rent.
(3)Where that power is exercisable to recover such rent, either the undertakers or their lessee, if not the landlord for the purposes of section 72(1) of that Act, may exercise that power as if they or he were the landlord.”
(5)This paragraph extends only to England and Wales.
Commencement Information
I11Sch. 14 para. 11 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
12(1)Section 1 of the Sequestration Act 1849 (sequestrator enabled to sue etc. in his own name) is amended as follows.E+W
(2)For “levy any distress” substitute “ exercise the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) ”.
(3)Omit the words “levy” and “distress” in the second place where each occurs.
(4)Omit “levied”.
Commencement Information
I12Sch. 14 para. 12 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
13(1)The Landlord and Tenant Act 1851 ceases to have effect.E+W
(2)This paragraph extends only to England and Wales.
Commencement Information
I13Sch. 14 para. 13 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
14E+WThe Common Law Procedure Act 1852 is amended as follows.
Commencement Information
I14Sch. 14 para. 14 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
15E+WIn 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 ”.
Commencement Information
I15Sch. 14 para. 15 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
16E+WAfter that section insert—
(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.”
Commencement Information
I16Sch. 14 para. 16 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
17(1)In section 64 of the Improvement of Land Act 1864 (interest on arrears of rentcharges), for the words from “a sufficient distress” to “charges of such distress” substitute “ goods that would be sufficient to pay the amount outstanding under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”.E+W
(2)This paragraph extends only to England and Wales.
Commencement Information
I17Sch. 14 para. 17 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
18(1)The Railway Rolling Stock Protection Act 1872 ceases to have effect.E+W
(2)This paragraph extends only to England and Wales.
Commencement Information
I18Sch. 14 para. 18 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
19E+WThe Law of Distress Amendment Act 1888 ceases to have effect.
Commencement Information
I19Sch. 14 para. 19 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
20E+WThe Law of Distress Amendment Act 1908 ceases to have effect.
Commencement Information
I20Sch. 14 para. 20 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
21E+WThe Law of Property Act 1925 is amended as follows.
Commencement Information
I21Sch. 14 para. 21 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
22E+WIn 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) ”.
Commencement Information
I22Sch. 14 para. 22 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
23E+WSection 121(2) ceases to have effect.
Commencement Information
I23Sch. 14 para. 23 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
24E+WIn 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 ”.
Commencement Information
I24Sch. 14 para. 24 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
25E+WIn section 162 (restrictions on the perpetuity rule) in subsection (1) omit paragraph (a).
Commencement Information
I25Sch. 14 para. 25 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
26E+WIn section 189 (indemnities against rents) omit subsection (1).
Commencement Information
I26Sch. 14 para. 26 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
27(1)Section 190 (equitable apportionment of rents and remedies for non-payment or breach of covenant) is amended as follows.E+W
(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”.
Commencement Information
I27Sch. 14 para. 27 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
28(1)Section 26 of the Administration of Estates Act 1925 (rights of action by and against personal representative) is amended as follows.E+W
(2)Omit subsection (3).
(3)For subsection (4) substitute—
“(4)To recover rent due or accruing to the deceased, a personal representative may exercise any power under section 72(1) (commercial rent arrears recovery) or 81 (right to rent from sub-tenant) of the Tribunals, Courts and Enforcement Act 2007 that would have been exercisable by the deceased if he had still been living.”
Commencement Information
I28Sch. 14 para. 28 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
29E+WIn section 15 of the Leasehold Reform Act 1967 (terms of tenancy to be granted on extension), in subsection (3) for “distress, re-entry or otherwise” substitute “ re-entry or otherwise (subject to section 85 of the Tribunals, Courts and Enforcement Act 2007) ”.
Commencement Information
I29Sch. 14 para. 29 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
30E+WIn section 85 of the Agriculture Act 1970 (exemption for certain sales), in paragraph (d) after “warrant of distress” insert “ or warrant of control ”.
Commencement Information
I30Sch. 14 para. 30 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
31E+WSection 8 of the Rent (Agriculture) Act 1976 ceases to have effect.
Commencement Information
I31Sch. 14 para. 31 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
32E+WThe Rent Act 1977 is amended as follows
Commencement Information
I32Sch. 14 para. 32 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
33E+WIn section 141(5) (county court jurisdiction) (until its repeal by the Courts and Legal Services Act 1990 (c. 41) comes into force) for “sections 147 and” substitute “ section ”.
Commencement Information
I33Sch. 14 para. 33 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
34E+WSection 147 ceases to have effect.
Commencement Information
I34Sch. 14 para. 34 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
35E+WThe Limitation Act 1980 is amended as follows
Commencement Information
I35Sch. 14 para. 35 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
36E+WIn section 19 (time limit for actions to recover rent) for “or distress made” substitute “ and the power conferred by section 72(1) of the Tribunals, Courts and Enforcement Act 2007 shall not be exercisable ”.
Commencement Information
I36Sch. 14 para. 36 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
37E+WIn section 38 (interpretation) omit “rentcharges and” and “rent or”.
Commencement Information
I37Sch. 14 para. 37 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
38E+WThe County Courts Act 1984 is amended as follows.
Commencement Information
I38Sch. 14 para. 38 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
39E+WSection 116 ceases to have effect.
Commencement Information
I39Sch. 14 para. 39 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
40E+WIn section 139, for subsection (1)(c) substitute—
“(c)the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover the arrears; and
(d)there are not sufficient goods on the premises to recover the arrears by that power,”.
Commencement Information
I40Sch. 14 para. 40 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
41E+WThe Agricultural Holdings Act 1986 is amended as follows.
Commencement Information
I41Sch. 14 para. 41 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
42E+WOmit sections 16 to 19.
Commencement Information
I42Sch. 14 para. 42 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
43E+WIn section 24 (restriction of landlord's remedies for breach of contract of tenancy) omit “, by distress or otherwise,”.
Commencement Information
I43Sch. 14 para. 43 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
44(1)Section 347 of the Insolvency Act 1986 (distress etc.) is amended as follows.E+W
(2)In subsection (1) for the words from the beginning to “available” substitute “ CRAR (the power of commercial rent arrears recovery under section 72(1) of the Tribunals, Courts and Enforcement Act 2007) is exercisable where the tenant is an undischarged bankrupt ”.
(3)In subsection (2)—
(a)for the words from the beginning to “goods and effects of” substitute “ Where CRAR has been exercised to recover rent from ”;
(b)for “that distress” substitute “ CRAR ”;
(c)for “the distress was levied” substitute “ goods were taken control of under CRAR ”.
(4)In subsection (5) for the words from the beginning to “upon” substitute “ CRAR is not exercisable at any time after the discharge of a bankrupt against ”.
(5)Omit subsections (6) and (7).
(6)Omit subsection (11).
Commencement Information
I44Sch. 14 para. 44 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
45E+WOmit section 19 of the Housing Act 1988.
Commencement Information
I45Sch. 14 para. 45 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
46E+WIn section 179 of the Water Industry Act 1991 (vesting of works in undertaker) in subsection (4)(b) omit “or to the landlord's remedy for rent”.
Commencement Information
I46Sch. 14 para. 46 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
47E+WIn section 57 of the Leasehold Reform, Housing and Urban Development Act 1993 (terms on which new lease is to be granted), in subsection (2)(b)(ii) for “distress, re-entry or otherwise” substitute “ re-entry or otherwise (subject to section 85 of the Tribunals, Courts and Enforcement Act 2007) ”.
Commencement Information
I47Sch. 14 para. 47 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
48E+WIn Schedule 7 to the Constitutional Reform Act 2005 (protected functions of the Lord Chancellor), in paragraph 4, omit the entry for the Law of Distress Amendment Act 1888.
Commencement Information
I48Sch. 14 para. 48 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)
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