Section 139 Service of summons and re-entry.C1

England and Wales

(1)

In a case where section 138 has effect, if—

(a)

one-half-year’s rent is in arrear at the time of the commencement of the action; and

(b)

the lessor has a right to re-enter for non-payment of that rent; and

F1(c)

the power under section 72(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 arrears by that power,

the service of the summons in the action in the prescribed manner shall stand in lieu of a demand and re-entry.

(2)

Where a lessor has enforced against a lessee, by re-entry without action, a right of re-entry or forfeiture as respects any land for non-payment of rent, the lessee may F2 . . .at any time within six months from the date on which the lessor re-entered apply to the county court for relief, and on any such application the court may, if it thinks fit, grant to the lessee such relief as the High Court could have granted.

F3(3)

Subsections (9B) and (9C) of section 138 shall have effect in relation to an application under subsection (2) of this section as they have effect in relation to an application under subsection (9A) of that section.

Annotations

Textual amendments

F1: S. 139(1)(c)(d) substituted for s. 139(1)(c) (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 14 para. 40 (with s. 89); S.I. 2014/768, art. 2(1)(b)
F2: Words in s. 139(2) repealed by S.I. 1991/724, art. 2(8), Schedule PartI
F3: S. 139(3) inserted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 55(5)

Modifications

C1

S. 139 amended by S.I. 1990/776, art. 4(1)(g) and (2)

S. 139 extended by S.I. 1991/724, art. 2(1)(l)