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Part 2 E+WLeasehold reform

Chapter 1 E+WRight to manage

Modifications etc. (not altering text)

C1Pt. 2 Ch. 1: power to amend conferred (20.1.2007 for specified purposes, otherwise 1.10.2009) by Companies Act 2006 (c. 46), ss. 1181(1)(b), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 5, 6, 8, Schs. 1, 5); S.I. 2008/2860, art. 3(v) (with arts. 5, 7, 8, Sch. 2)

Exercising rightE+W

100 Enforcement of tenant covenantsE+W

(1)This section applies in relation to the enforcement of untransferred tenant covenants of a lease of the whole or any part of the premises.

(2)Untransferred tenant covenants are enforceable by the RTM company, as well as by any other person by whom they are enforceable apart from this section, in the same manner as they are enforceable by any other such person.

(3)But the RTM company may not exercise any function of re-entry or forfeiture.

(4)In this Chapter β€œtenant covenant”, in relation to a lease, means a covenant falling to be complied with by a tenant under the lease; and a tenant covenant is untransferred if, apart from this section, it would not be enforceable by the RTM company.

(5)Any power under a lease of a person who isβ€”

(a)landlord under the lease, or

(b)party to the lease otherwise than as landlord or tenant,

to enter any part of the premises to determine whether a tenant is complying with any untransferred tenant covenant is exercisable by the RTM company (as well as by the landlord or party).

Commencement Information

I1S. 100 wholly in force at 30.3.2004; s. 100 not in force at Royal Assent see s. 181(1); s. 100 wholly in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 100 wholly in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)