138. Recovery of sums due and overpayments
(1) Subject to subsection (2), for the purposes of the recovery of sums payable by a sub-tenant under a notice under section 135 (including recovery by CRAR), the sub-tenant is to be treated as the immediate tenant of the landlord, and the sums are to be treated as rent accordingly.
(2) Those sums (as opposed to rent due from the immediate tenant) are not recoverable by notice under section 135 served on an inferior sub-tenant.
(3) Any payment received by the landlord that the sub-tenant purports to make under a notice under section 135, and that is not due under the notice for any reason, is to be treated as a payment of rent by the immediate tenant, for the purposes of the retention of the payment by the landlord and (if no rent is due) for the purposes of any claim by the immediate tenant to recover the payment.
(4) Subsection (3) does not affect any claim by the sub-tenant against the immediate tenant.