Part 3Enforcement by taking control of goods
Chapter 2Rent arrears recovery
Commercial rent arrears recovery
77The rent recoverable
1
CRAR is not exercisable except to recover rent that meets each of these conditions—
a
it has become due and payable before notice of enforcement is given;
b
it is certain, or capable of being calculated with certainty.
2
The amount of any rent recoverable by CRAR is reduced by any permitted deduction.
3
CRAR is exercisable only if the net unpaid rent is at least the minimum amount immediately before each of these—
a
the time when notice of enforcement is given;
b
the first time that goods are taken control of after that notice.
4
The minimum amount is to be calculated in accordance with regulations.
5
The net unpaid rent is the amount of rent that meets the conditions in subsection (1), less—
a
any interest or value added tax included in that amount under section 76(1)(a) or (b), and
b
any permitted deductions.
6
Regulations may provide for subsection (5)(a) not to apply in specified cases.
7
Permitted deductions, against any rent, are any deduction, recoupment or set-off that the tenant would be entitled to claim (in law or equity) in an action by the landlord for that rent.