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Tribunals, Courts and Enforcement Act 2007

Tribunals, Courts and Enforcement Act 2007

2007 CHAPTER 15

Part 3: Enforcement by Taking Control of Goods

Commentary on Sections: Part 3

Section 80: Agricultural holdings

384.This section makes a couple of special provisions in relation to the exercise of CRAR where the let premises is an agricultural holding. It is intended to preserve the effect of sections 16 and 17 of the Agricultural Holdings Act 1986 for the purposes of CRAR. (Sections 16 to 19 of that Act will be repealed by this Act; see Schedule 14).

385.First, there is a limitation on the rent that can be recovered by a landlord of an agricultural holding because CRAR cannot be used to recover rent that became due more than one year before the notice of enforcement is given. Second, any compensation that is due to the tenant under the Agricultural Holdings Act 1986 will be a “permitted deduction” for the purposes of CRAR, provided that the amount of compensation has been ascertained (for the meaning of “permitted deductions”, see section 77(7)).

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