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.