Section 85 — Tribunals, Courts and Enforcement Act 2007: Contracts for similar rights to be void

Contracts for similar rights to be void 85 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).