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In forceUpdated to 15 Oct 2020
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Chapter 4 · Remedies of chargees: Possession

271. Power of chargee to take possession on any default by chargor

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(1)

Subject to section 270, any chargee may, at any time when the chargor is in breach of any agreement on his part expressed or implied in the charge, enter into possession of the whole or any part of the charged land or, as the case may be, the land comprised in the charged lease—

(a)

so far as it is subject to any lease or tenancy binding on him, by receiving the rent payable to the chargor thereunder; and

(b)

so far as it is not so subject, by going into occupation thereof.

(2)

The exercise of his powers under this section by a chargee of any lease shall not constitute a breach of any provision thereof, express or implied, restricting the right of the lessee to part with the possession of the demised property.

Report

Chapter 5

Discharge

Chapter 6

Liens

Chapter 1

Creation

Chapter 2

Release, extinguishment and cancellation

Chapter 1

Presentation of instruments for registration

Chapter 2

Procedure generally

Chapter 3

Determination of fitness for registration

Chapter 4

Manner of registration

Chapter 5

Powers of Attorney

Chapter 6

Cancellation of registration

Chapter 7

Endorsement of exempt tenancies

Chapter 1

Caveats

Chapter 2

Prohibitory orders

Chapter 1

Co-proprietorship

Chapter 2

Trusts

Chapter 2

Deposited plans

Schedules