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).