Effect of term reserving prohibited rentE+W

7Term reserving prohibited rent treated as reserving permitted rentE+W

(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 1Column 2Column 3Column 4
SectionRent treated as reservedPeriod for which rent reservedShare in demised premises
Section 4 (general rule)peppercorn rent
Section 5 (shared ownership leases)peppercorn renttenant’s share
Section 6 (replacement leases)maximum permitted rentexcepted periodtenant’s share (where section 6(7) applies)
Section 6 (replacement leases)peppercorn rentregulated periodtenant’s share (where section 6(7) applies)

(4)The “maximum permitted rent” means the maximum rent permitted by section 6(2)(a).

(5)The other terms of the regulated lease have effect with any modifications necessary because of subsections (2) and (3).

(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.

Commencement Information

I1S. 7 not in force at Royal Assent, see s. 25(2)

I2S. 7 in force at 30.6.2022 for specified purposes by S.I. 2022/694, reg. 3

I3S. 7 in force at 1.4.2023 in so far as not already in force by S.I. 2022/694, reg. 4