Part III Landlord and Tenant

Chapter III Leasehold Reform

Scope of rights

105 Low rent test: nil rateable values.

C11

In section 4(1) of the M1Leasehold Reform Act 1967 (meaning of “low rent”) —

a

in paragraph (i) (cases where rent limit of two-thirds of rateable value on later of appropriate day and first day of term applies), for the words from “or (where” to “that date” there shall be substituted “ , or on or after 1st April 1990 in pursuance of a contract made before that date, and the property had a rateable value other than nil at the date of the commencement of the tenancy or else at any time before 1st April 1990, ”,

b

in paragraph (ii) (other cases), for the words from “is entered” to “1990),” there shall be substituted “ does not fall within paragraph (i) above, ”, and

c

in paragraph (a) (definition of “appropriate day” by reference to section 25(3) of the M2Rent Act 1977), there shall be inserted at the end “ if the reference in paragraph (a) of that provision to a rateable value were to a rateable value other than nil ”.

C12

In section 4A of the M3Leasehold Reform Act 1967 (alternative rent limits for the purposes of section 1A(2) of that Act)—

a

in subsection (1)(b) (cases where rent limit of two-thirds of rateable value on the relevant date applies), for sub-paragraph (ii) there shall be substituted—

ii

the property had a rateable value other than nil at the date of commencement of the tenancy or else at any time before 1st April 1990,

b

in subsection (2), for paragraph (b) there shall be substituted—

b

“the relevant date” means the date of the commencement of the tenancy or, if the property did not have a rateable value, or had a rateable value of nil, on that date, the date on which it first had a rateable value other than nil;

C23

In section 8 of the M4Leasehold Reform, Housing and Urban Development Act 1993 (leases at a low rent)—

a

in subsection (1)(b) (cases where rent limit of two-thirds of rateable value on the appropriate date applies), for sub-paragraph (ii) there shall be substituted—

ii

the flat had a rateable value other than nil at the date of the commencement of the lease or else at any time before 1st April 1990,

b

in subsection (2), for paragraph (b) there shall be substituted—

b

“the appropriate date” means the date of commencement of the lease or, if the flat in question did not have a rateable value, or had a rateable value of nil, on that date, the date on which the flat first had a rateable value other than nil;