Part 19 Sale and lease-back etc

Chapter 1 Payments connected with transferred land

Interpretation etc

843 Exclusion of service charges etc
(1) This section applies for the purposes of sections 838 and 839.
(2) A payment must be excluded so far as it is in respect of any of the following—
(a) services,
(b) the use of relevant assets, and
(c) rates usually borne by the tenant.
(3) The amount excluded must be just and reasonable.
(4) If a lease or agreement contains provisions fixing the payments or parts of payments which are in respect of services or the use of assets, those provisions are not conclusive.
(5) A relevant asset is any description of property or rights other than land or an interest in land.