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.