Rates (Northern Ireland) Order 1977

Deductions from inclusive rents in respect of rate exemption or relief N.I.

4.—(1) Where— N.I.

(a) a change in the law determining the rateable value of hereditaments of any description, or of hereditaments generally, comes into operation so as to alter the rateable value of a hereditament, and

(b) the hereditament is occupied by a tenant under a contract of tenancy made before the alteration in the rateable value takes or took effect, by virtue of which—

(i) the landlord has undertaken to pay the rates in respect of the hereditament, and

(ii) there is payable by the tenant a rent inclusive of a sum in consideration of the payment of those rates by the landlord,

then, [F1 if the amount payable by way of rates is reduced in consequence of the alteration] , the landlord shall be liable to pay to the tenant, or allow by way of deduction from his rent, and, [F2 if the amount payable by way of rates is increased in consequence of the alteration] , the tenant shall be liable to pay to the landlord, a sum equal to the difference between every amount payable by way of those rates and the amount which would have been so payable F3 . . . if the rateable value of the hereditament had not been altered.

[F4 (1A) For the purposes of sub-paragraph (1)(a) the rateable value of a hereditament is altered if—

(a) the rateable net annual value or the rateable capital value is altered;

(b) the hereditament becomes liable, or ceases to be liable, to be valued upon an estimate of its net annual value or its capital value.]

(2) Any question arising as to the amount to be paid or allowed to a tenant by way of deduction from his rent under this paragraph shall be referred to and determined by the Lands Tribunal.

F1 Words in Sch. 8 para. 4(1) substituted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, Sch. 2 para. 44(2)(a); S.R. 2006/464, art. 2(4)

F2 Words in Sch. 8 para. 4(1) substituted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, Sch. 2 para. 44(2)(b); S.R. 2006/464, art. 2(4)

F3 Words in Sch. 8 para. 4(1) repealed (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, 41, Sch. 2 para. 44(2)(c), Sch. 3; S.R. 2006/464, art. 2(4)

F4 Sch. 8 para. 4(1A) inserted (1.4.2007) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 39, Sch. 2 para. 44(3); S.R. 2006/464, art. 2(4)