Tribunals, Courts and Enforcement Act 2007

85Contracts for similar rights to be voidE+W
This section has no associated Explanatory Notes

(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).

Commencement Information

I1S. 85 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a) (with art. 2(2)-(6))