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Schedules

Schedule 10Right to vary lease to replace rent with peppercorn rent

Circumstances in which notice ceases to have effect etc

12(1)A rent variation notice ceases to have effect from the time when—

(a)the tenant gives notice to the landlord, before the lease is varied in pursuance of the rent variation notice, that the tenant withdraws the notice (a “notice of withdrawal”);

(b)the qualifying lease to which the notice relates is varied in accordance with the notice so that any rent under it is a peppercorn rent;

(c)a lease enfranchisement notice or lease extension notice which relates to the qualifying lease is given;

(d)any order setting aside the notice is made by the appropriate tribunal or a court;

(e)the appropriate tribunal determines on an application under paragraph 6 that the tenant does not have the right to a peppercorn rent;

(f)the period of six months mentioned in paragraph 6(3) or (5) ends, where the application mentioned there could be made, but is not made before the end of that period;

(g)the period of four months mentioned in paragraph 10(4) ends, where the application mentioned there could be made, but is not made before the end of that period;

(h)it ceases to have effect in accordance with any legislation applying to this Schedule by virtue of paragraph 20 or regulations under paragraph 21(3).

(2)If a rent variation notice ceases to have effect, the landlord is under no obligation under this Schedule in respect of the notice as it previously had effect, except for any obligation arising under any provision of the LRHUDA 1993 that applies by virtue of paragraph 20.