Tribunals, Courts and Enforcement Bill [HL]

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Session 2006 - 07
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Tribunals, Courts and Enforcement Bill [HL]

Tribunals, Courts and Enforcement Bill [HL]
Schedule 13 — Taking control of goods: amendments
244

Courts Act 2003 (c. 39)
149
The Courts Act 2003 is amended as follows.
150
In Part 9 of Schedule 5 (operation of collection orders after increase
imposed), in paragraph 38(1)(a), for “warrant of distress” substitute
“warrant of control”.
5
151
In Schedule 6 (discharge of fines by unpaid work), in paragraph 2(1)(a)(i), for
“warrant of distress” substitute “warrant of control”.
152   (1)
Schedule 7 (High Court writs of execution) is amended as follows.
      (2)
In paragraph 4, after sub-paragraph (1) insert—
   “(1A)
But it is subject to Schedule 12 to the Tribunals, Courts and
10
Enforcement Act 2007 in the case of a writ conferring power to use
the procedure in that Schedule.”
      (3)
For paragraph 6 substitute—
“6    (1)
Paragraph 7 applies to any writ of execution against goods which
is issued from the High Court.
15
      (2)
Paragraphs 8 to 11—
(a)
do not apply to any writ that confers power to use the
procedure in Schedule 12 to the Tribunals, Courts and
Enforcement Act 2007, but
(b)
apply to any other writ of execution against goods which
20
is issued from the High Court.”
      (4)
Omit paragraph 8(5).
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
153
In section 155 of the Health and Social Care (Community Health and
Standards) Act 2003 (recovery of NHS charges), in subsection (7) for “by
25
execution issued from the county court” substitute “under section 85 of the
County Courts Act 1984”.
Criminal Justice Act 2003 (c. 44)
154
The Criminal Justice Act 2003 is amended as follows.
155   (1)
Section 154 (general limit on magistrates’ power to impose imprisonment) is
30
amended as follows.
      (2)
In subsections (4) and (6) for “distress” substitute “goods”.
      (3)
After subsection (7) insert—
“(8)
In this section references to want of sufficient goods to satisfy a fine
or other sum of money have the meaning given by section 79(4) of the
35
Magistrates’ Courts Act 1980.”
156
In section 305 (interpretation of Part 12) after subsection (1) insert—
“(1A)
In the definition of “sentence of imprisonment” in subsection (1) the
reference to want of sufficient distress to satisfy a sum includes a
reference to circumstances where—
40

Tribunals, Courts and Enforcement Bill [HL]
Schedule 14 — Rent arrears recovery: amendments
245

(a)
there is power to use the procedure in Schedule 12 to the
Tribunals, Courts and Enforcement Act 2007 to recover the
sum from a person, but
(b)
it appears, after an attempt has been made to exercise the
power, that the person’s goods are insufficient to pay the
5
amount outstanding (as defined by paragraph 50(3) of that
Schedule).”
Traffic Management Act 2004 (c. 18)
157
In the Traffic Management Act 2004 omit—
(a)
section 82(3)(a);
10
(b)
section 83.
Schedule 14
Section 81

Rent arrears recovery: amendments
Distress for Rent Act 1689 (c. 5)
1
The Distress for Rent Act 1689 ceases to have effect.
15
Landlord and Tenant Act 1709 (c. 18)
2
In the Landlord and Tenant Act 1709 omit the following—
(a)
section 1;
(b)
sections 6 to 8.
Landlord and Tenant Act 1730 (c. 28)
20
3
In the Landlord and Tenant Act 1730 omit section 5.
Distress for Rent Act 1737 (c. 19)
4
In the Distress for Rent Act 1737 the following cease to have effect—
(a)
sections 1 to 10;
(b)
sections 16 and 17;
25
(c)
section 19.
Deserted Tenements Act 1817 (c. 52)
5
The Deserted Tenements Act 1817 ceases to have effect.
Fines and Recoveries Act 1833 (c. 74)
6     (1)
In section 67 of the Fines and Recoveries Act 1833 (assignees to recover rent
30
of the lands of a bankrupt), for the words from “or may distrain” to
“recovering of rent in arrear;” substitute “or, so far as the power under
section 67(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial
rent arrears recovery) is exercisable to recover any of those rents and profits,
may exercise that power, as if they were the landlord, on behalf of the
35
creditors;”.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 14 — Rent arrears recovery: amendments
246

      (2)
This paragraph does not extend to Northern Ireland.
Metropolitan Police Courts Act 1840 (c. 84)
7
The Metropolitan Police Courts Act 1840 ceases to have effect.
Execution Act 1844 (c. 96)
8
The Execution Act 1844 ceases to have effect.
5
Lands Clauses Consolidation Act 1845 (c. 18)
9     (1)
In section 11 of the Lands Clauses Consolidation Act 1845 (payment of rents
to be charged on tolls) omit the words from “or it shall be lawful” to the end.
      (2)
This paragraph extends only to England and Wales.
Inclosure Act 1845 (c. 118)
10
10
In section 112 of the Inclosure Act 1845 (recovery of rents of allotment) for
“by distress” substitute “under section 67(1) of the Tribunals, Courts and
Enforcement Act 2007 (commercial rent arrears recovery)”.
Markets and Fairs Clauses Act 1847 (c. 14)
11    (1)
Section 38 of the Markets and Fairs Clauses Act 1847 (recovery of stallage,
15
rents or tolls) is amended as follows.
      (2)
The existing words become subsection (1).
      (3)
After “England” insert “(subject to subsection (2))”.
      (4)
After subsection (1) insert—
“(2)
Subsection (1) does not apply to the levying of rent in respect of
20
premises in England and Wales to the extent that the power under
section 67(1) of the Tribunals, Courts and Enforcement Act 2007
(commercial rent arrears recovery) is exercisable to recover such
rent.
(3)
Where that power is exercisable to recover such rent, either the
25
undertakers or their lessee, if not the landlord for the purposes of
section 67(1) of that Act, may exercise that power as if they or he were
the landlord.”
      (5)
This paragraph extends only to England and Wales.
Sequestration Act 1849 (c. 67)
30
12    (1)
Section 1 of the Sequestration Act 1849 (sequestrator enabled to sue etc. in
his own name) is amended as follows.
      (2)
For “levy any distress” substitute “exercise the power under section 67(1) of
the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears
recovery)”.
35
      (3)
Omit the words “levy” and “distress” in the second place where each occurs.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 14 — Rent arrears recovery: amendments
247

      (4)
Omit “levied”.
Landlord and Tenant Act 1851 (c. 25)
13    (1)
The Landlord and Tenant Act 1851 ceases to have effect.
      (2)
This paragraph extends only to England and Wales.
Common Law Procedure Act 1852 (c. 76)
5
14
The Common Law Procedure Act 1852 is amended as follows.
15
In section 210 (proceedings in ejectment by landlord for non-payment of
rent), for “and that no sufficient distress was to be found on the demised
premises, countervailing the arrears then due” substitute “and that either of
the conditions in section 210A was met in relation to the arrears”.
10
16
After that section insert—
“210A
Conditions relating to commercial rent arrears recovery
(1)
The first condition is that the power under section 67(1) of the
Tribunals, Courts and Enforcement Act 2007 (commercial rent
arrears recovery) was not exercisable to recover the arrears.
15
(2)
The second condition is that there were not sufficient goods on the
premises to recover the arrears by that power.”
Improvement of Land Act 1864 (c. 114)
17    (1)
In section 64 of the Improvement of Land Act 1864 (interest on arrears of
rentcharges), for the words from “a sufficient distress” to “charges of such
20
distress” substitute “goods that would be sufficient to pay the amount
outstanding under Schedule 12 to the Tribunals, Courts and Enforcement
Act 2007 (taking control of goods)”.
      (2)
This paragraph extends only to England and Wales.
Railway Rolling Stock Protection Act 1872 (c. 50)
25
18    (1)
The Railway Rolling Stock Protection Act 1872 ceases to have effect.
      (2)
This paragraph extends only to England and Wales.
Law of Distress Amendment Act 1888 (c. 21)
19
The Law of Distress Amendment Act 1888 ceases to have effect.
Law of Distress Amendment Act 1908 (c. 53)
30
20
The Law of Distress Amendment Act 1908 ceases to have effect.
Law of Property Act 1925 (c. 20)
21
The Law of Property Act 1925 is amended as follows.
22
In section 109 (powers etc. of receiver appointed by mortgagee), in
subsection (3), for “, distress” substitute “or under section 67(1) of the
35

Tribunals, Courts and Enforcement Bill [HL]
Schedule 14 — Rent arrears recovery: amendments
248

Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears
recovery)”.
23
Section 121(2) ceases to have effect.
24
In section 150 (surrender of a lease, without prejudice to underleases with a
view to the grant of a new lease), in subsection (5), for “by distress or”
5
substitute “under section 67(1) of the Tribunals, Courts and Enforcement Act
2007 (commercial rent arrears recovery) or by”.
25
In section 162 (restrictions on the perpetuity rule) in subsection (1) omit
paragraph (a).
26
In section 189 (indemnities against rents) omit subsection (1).
10
27    (1)
Section 190 (equitable apportionment of rents and remedies for non-
payment or breach of covenant) is amended as follows.
      (2)
Omit subsection (2).
      (3)
For subsections (4) and (5) substitute—
“(4)
Subsection (5) applies where—
15
(a)
any default is made in payment of the whole or part of a rent
by the person (“the defaulter”) who, by reason of a charge or
apportionment within subsection (3), is liable to pay it, and
(b)
the lessee for the time being of any other land comprised in
the lease, in whom, as respects that land, the residue of the
20
term or interest created by the lease is vested, (“the paying
lessee”) pays or is required to pay the whole or part of the
rent which ought to have been paid by the defaulter.
(5)
Section 67(1) of the Tribunals, Courts and Enforcement Act 2007
(commercial rent arrears recovery) applies, subject to the other
25
provisions of Chapter 2 of Part 3 of that Act, to the recovery by the
paying lessee from the defaulter of the rent paid by the paying lessee
which ought to have been paid by the defaulter, as if the paying
lessee were the landlord, and the defaulter his tenant, under the
lease.”
30
      (4)
In subsection (7) omit “owner or”.
Administration of Estates Act 1925 (c. 23)
28    (1)
Section 26 of the Administration of Estates Act 1925 (rights of action by and
against person representative) is amended as follows.
      (2)
Omit subsection (3).
35
      (3)
For subsection (4) substitute—
“(4)
To recover rent due or accruing to the deceased, a person
representative may exercise any power under section 67(1)
(commercial rent arrears recovery) or 76 (right to rent from sub-
tenant) of the Tribunals, Courts and Enforcement Act 2007 that
40
would have been exercisable by the decease if he had still been
living.”

Tribunals, Courts and Enforcement Bill [HL]
Schedule 14 — Rent arrears recovery: amendments
249

Leasehold Reform Act 1967 (c. 88)
29
In section 15 of the Leasehold Reform Act 1967 (terms of tenancy to be
granted on extension), in subsection (3) for “distress, re-entry or otherwise”
substitute “re-entry or otherwise (subject to section 80 of the Tribunals,
Courts and Enforcement Act 2007)”.
5
Agriculture Act 1970 (c. 40)
30
In section 85 of the Agriculture Act 1970 (exemption for certain sales), in
paragraph (d) after “warrant of distress” insert “or warrant of control”.
Rent (Agriculture) Act 1976 (c. 80)
31
Section 8 of the Rent (Agriculture) Act 1976 ceases to have effect.
10
Rent Act 1977 (c. 42)
32
The Rent Act 1977 is amended as follows
33
In section 141(5) (county court jurisdiction) (until its repeal by the Courts
and Legal Services Act 1990 (c. 41) comes into force) for “sections 147 and”
substitute “section”.
15
34
Section 147 ceases to have effect.
Limitation Act 1980 (c. 58)
35
The Limitation Act 1980 is amended as follows
36
In section 19 (time limit for actions to recover rent) for “or distress made”
substitute “and the power conferred by section 67(1) of the Tribunals, Courts
20
and Enforcement Act 2007 shall not be exercisable”.
37
In section 38 (interpretation) omit “rentcharges and” and “rent or”.
County Courts Act 1984 (c. 28)
38
The County Courts Act 1984 is amended as follows.
39
Section 116 ceases to have effect.
25
40
In section 139, for subsection (1)(c) substitute—
“(c)
the power under section 67(1) of the Tribunals, Courts and
Enforcement Act 2007 (commercial rent arrears recovery) is
exercisable to recover the arrears; and
(d)
there are not sufficient goods on the premises to recover the
30
arrears by that power,”.
Agricultural Holdings Act 1986 (c. 5)
41
The Agricultural Holdings Act 1986 is amended as follows.
42
Omit sections 16 to 19.
43
In section 24 (restriction of landlord’s remedies for breach of contract of
35
tenancy) omit “, by distress or otherwise,”.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 14 — Rent arrears recovery: amendments
250

Insolvency Act 1986 (c. 45)
44    (1)
Section 347 of the Insolvency Act 1986 (distress etc.) is amended as follows.
      (2)
In subsection (1) for the words from the beginning to “available” substitute
“CRAR (the power of commercial rent arrears recovery under section 67(1)
of the Tribunals, Courts and Enforcement Act 2007) is exercisable where the
5
tenant is an undischarged bankrupt”.
      (3)
In subsection (2)—
(a)
for the words from the beginning to “goods and effects of” substitute
“Where CRAR has been exercised to recover rent from”;
(b)
for “that distress” substitute “CRAR”;
10
(c)
for “the distress was levied” substitute “goods were taken control of
under CRAR”.
      (4)
In subsection (5) for the words from the beginning to “upon” substitute
“CRAR is not exercisable at any time after the discharge of a bankrupt
against”.
15
      (5)
Omit subsections (6) and (7).
      (6)
Omit subsection (11).
Housing Act 1988 (c. 50)
45
Omit section 19 of the Housing Act 1988.
Water Industry Act 1991 (c. 56)
20
46
In section 179 of the Water Industry Act 1991 (vesting of works in
undertaker) in subsection (4)(b) omit “or to the landlord’s remedy for rent”.
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
47
In section 57 of the Leasehold Reform Act 1967 (terms on which new lease is
to be granted), in subsection (2)(b)(ii) for “distress, re-entry or otherwise”
25
substitute “re-entry or otherwise (subject to section 80 of the Tribunals,
Courts and Enforcement Act 2007)”.
Constitutional Reform Act 2005 (c. 4)
48
In Schedule 7 to the Constitutional Reform Act 2005 (protected functions of
the Lord Chancellor), in paragraph 4, omit the entry for the Law of Distress
30
Amendment Act 1888.