Part 3Enforcement by taking control of goods

Chapter 2Rent arrears recovery

Commercial rent arrears recovery

75Commercial premises

(1)

A lease (A) is of commercial premises if none of the demised premises is—

(a)

let under lease A as a dwelling,

(b)

let under an inferior lease (B) as a dwelling, or

(c)

occupied as a dwelling.

(2)

The “demised premises” in this section include anything on them.

(3)

“Let as a dwelling” means let on terms permitting only occupation as a dwelling or other use combined with occupation as a dwelling.

(4)

Premises are not within subsection (1)(b) if letting them as a dwelling is a breach of a lease superior to lease B.

(5)

Premises are not within subsection (1)(c) if occupying them as a dwelling is a breach of lease A or a lease superior to lease A.

(6)

This section applies for the purposes of this Chapter.