Tribunals, Courts and Enforcement Act 2007

73 Landlord

(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.