Part 3Enforcement by taking control of goods
Chapter 2Rent arrears recovery
Commercial rent arrears recovery
73Landlord
1
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.
2
That is subject to the following.
3
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.
4
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.
5
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.
6
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.
7
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.
8
Any authorisation of a person to exercise CRAR on another's behalf must be in writing and must comply with any prescribed requirements.
9
This Chapter applies to any other person entitled to exercise CRAR as it applies to a landlord.