Part 3Enforcement by taking control of goods

Chapter 2Rent arrears recovery

Supplementary

85Contracts for similar rights to be void

1

A provision of a contract is void to the extent that it would do any of these—

a

confer a right to seize or otherwise take control of goods to recover amounts within subsection (2);

b

confer a right to sell goods to recover amounts within subsection (2);

c

modify the effect of section 72(1), except in accordance with subsection (3).

2

The amounts are any amounts payable—

a

as rent;

b

under a lease (other than as rent);

c

under an agreement collateral to a lease;

d

under an instrument creating a rentcharge;

e

in respect of breach of a covenant or condition in a lease, in an agreement collateral to a lease or in an instrument creating a rentcharge;

f

under an indemnity in respect of a payment within paragraphs (a) to (e).

3

A provision of a contract is not void under subsection (1)(c) to the extent that it prevents or restricts the exercise of CRAR.

4

In this section—

  • lease” also includes a licence to occupy land;

  • “rent” and “rentcharge” have the meaning given by section 205(1) of the Law of Property Act 1925 (c. 20).