Section 85: Contracts for similar rights to be void

Tribunals, Courts and Enforcement Act 2007 · 2007 c. 15View on legislation.gov.uk

Part 3: Enforcement by taking control of goods — Chapter 2: Rent arrears recovery

A provision of a contract is void to the extent that it would do any of these—

confer a right to seize or otherwise take control of goods to recover amounts within subsection (2);
confer a right to sell goods to recover amounts within subsection (2);
modify the effect of section 72(1), except in accordance with subsection (3).

The amounts are any amounts payable—

as rent;
under a lease (other than as rent);
under an agreement collateral to a lease;
under an instrument creating a rentcharge;
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;
under an indemnity in respect of a payment within paragraphs (a) to (e).

A provision of a contract is not void under subsection (1)(c) to the extent that it prevents or restricts the exercise of CRAR.

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).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.