24 Construction of Part II.U.K.
(1)M1In this Part, except where the context otherwise requires—
“lease” includes an agreement for a lease, and any tenancy, but does not include a mortgage or heritable security, and “lessee”, “lessor” and “letting” shall be construed accordingly;
“lessee” and “lessor” include respectively the successors in title of a lessee or a lessor;
“premises” includes any land; and
“” includes any like sum, whether payable to the immediate or a superior landlord or to a person connected (within the meaning of section 839) with the immediate or a superior landlord.
(2)M2For the purposes of this Part, any sum (other than rent) paid on or in connection with the granting of a tenancy shall be presumed to have been paid by way of premium except in so far as other sufficient consideration for the payment [F1can be] shown to have been given.
(3)M3Where paragraph (c) of section 38(1) applies, the premium, or an appropriate part of the premium, payable for or in connection with either lease mentioned in that paragraph may be treated as having been required under the other.
(4)References in this section to a sum shall be construed as including the value of any consideration, and references to a sum paid or payable or to the payment of a sum shall be construed accordingly.
(5)M4In the application of this Part to Scotland—
“assignment” means an assignation;
“intermediate landlord” means, where an occupying lessee is a sub-lessee, any person for the time being holding the interest of landlord under a sub-lease which comprises the property of which the occupying lessee is sub-lessee, but does not include the immediate landlord;
“” includes in particular a grassum payable to any landlord or intermediate landlord on the creation of a sub-lease; and
“reversion” means the interest of the landlord in the property subject to the lease.
(6)M5In Schedule A and in sections 25 to 31—
(a)references to a lease extend only to a lease conferring a right, as against the person whose interest is subject to the lease, to the possession of the premises;
(b)“rent” includes a payment by the tenant to defray the cost of work of maintenance of, or repairs to, the demised premises, not being work required by the lease to be carried out by the tenant; F2. . .
(c)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 24(2) substituted (with effect in accordance with s. 134(2) of the amending Act) by Finance Act 1996 (c. 8), s. 134(1), Sch. 20 Para. 1
F2S. 24(6)(c)(7) and word preceding s. 24(6)(c) repealed (with effect as mentioned in s. 38(2)(3) of the repealing Act) by Finance Act 1998 (c. 36), s. 165, Sch. 27 Pt. 3(4), Note
Marginal Citations
M1SOURCE-1970 s. 90(1); 1972 s. 81(3)
M2SOURCE-1970 s. 90(2)
M3SOURCE-1970 s. 90(2A), (2B); 1972 s. 81(4)
M4SOURCE-1970 s. 90(3)
M5SOURCE-1970 s. 71(2)