Legislation – Tribunals, Courts and Enforcement Act 2007
Changes to legislation:
Tribunals, Courts and Enforcement Act 2007, Section 85 is up to date with all changes known to be in force on or before 02 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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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).