Section 81 — Tribunals, Courts and Enforcement Act 2007: Right to rent from sub-tenant

Right to rent from sub-tenant 81 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a the notified amount has been paid (by payments under the notice or otherwise), or b the notice is replaced or withdrawn.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.