Tribunals, Courts and Enforcement Act 2007

Valid from 15/07/2013

81 Right to rent from sub-tenant E+W

(1) This section applies where CRAR is exercisable by a landlord to recover rent due and payable from a tenant (the immediate tenant).

(2) The landlord may serve a notice on any sub-tenant.

(3) The notice must state the amount of rent that the landlord has the right to recover from the immediate tenant by CRAR (the “notified amount”).

(4) When it takes effect the notice transfers to the landlord the right to recover, receive and give a discharge for any rent payable by the sub-tenant under the sub-lease, until—

(a) the notified amount has been paid (by payments under the notice or otherwise), or

(b) the notice is replaced or withdrawn.

(5) A notice under this section takes effect at the end of a period to be determined by regulations.

(6) Regulations may state—

(a) the form of a notice under this section;

(b) what it must contain;

(c) how it must be served;

(d) what must be done to withdraw it.

(7) In determining for the purposes of this section whether CRAR is exercisable, section 77 applies with these modifications—

(a) if notice of enforcement has not been given, references to that notice are to be read as references to the notice under this section;

(b) if goods have not been taken control of, section 77(3)(b) does not apply.

(8) In this section and sections 82 to 84—

(a) “sub-tenant” means a tenant (below the immediate tenant) of any of the premises comprised in the headlease (and “sub-lease” is to be read accordingly);

(b) “headlease” means the lease between the landlord and the immediate tenant.