Effect of term reserving prohibited rent
I1I2I37Term reserving prohibited rent treated as reserving permitted rent
1
This section applies where any term of a regulated lease to which a section specified in column 1 of the table applies reserves a prohibited rent.
2
The term has effect as if, in place of the prohibited rent, it reserved the rent specified in column 2 of the table.
3
Where the prohibited rent is reserved in respect of a period specified in column 3 of the table, or a share in the demised premises specified in column 4 of the table, or both, the term is treated as reserving the rent specified in column 2 of the table in respect of that period, that share, or that period and that share.
Column 1 | Column 2 | Column 3 | Column 4 |
---|---|---|---|
Section | Rent treated as reserved | Period for which rent reserved | Share in demised premises |
Section 4 (general rule) | peppercorn rent | ||
Section 5 (shared ownership leases) | peppercorn rent | tenant’s share | |
Section 6 (replacement leases) | maximum permitted rent | excepted period | tenant’s share (where section 6(7) applies) |
Section 6 (replacement leases) | peppercorn rent | regulated period | tenant’s share (where section 6(7) applies) |
4
5
6
For the purposes of this section, the terms of a regulated lease include the terms of any contract relating to the lease.
7
Terms used in this section and in sections 4 to 6 have the same meaning in this section as in those sections.