SCHEDULE 19Leases

PART 6Other provision about leases

Missives of let followed by execution of formal lease

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1

Where a lease is constituted by concluded missives of let (“the first lease”) and at some later time a lease is executed (“the second lease”), the first lease is treated as if it were a lease granted—

a

on the date the missives of let were concluded,

b

for a term which begins with that date and ends at the end of the term of the second lease, and

c

in consideration of the total rent payable over that term and any other consideration given for the first lease or the second lease.

2

Where sub-paragraph (1) applies the grant of the second lease is disregarded for the purposes of this Act except section 34 (return or further return in consequence of later linked transaction).

3

Section 63 (read with section 64) makes provision for the effective dates in relation to the first lease and the second lease.

4

For the purposes of section 34—

a

the grant of the first lease and the grant of the second lease are linked (whether or not they would be linked by virtue of section 57),

b

the tenant under the second lease (rather than the tenant under the first lease) is liable for any tax or additional tax payable in respect of the first lease as a result of sub-paragraph (1), and

c

the reference in section 34(2) to the “buyer in the earlier transaction” is to be read, in relation to the first lease, as a reference to the tenant under the second lease.

5

In this paragraph, references to the execution of a lease are to the execution of a lease that either is in conformity with, or relates to substantially the same premises and term as, the missives of let.