- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
5(1)This paragraph applies if the landlord is given a rent variation notice by the tenant.
(2)Before the end of the response period, the landlord must give the tenant a notice (a “counter-notice”) which states either—
(a)that the landlord admits that, on the relevant date, the tenant had the right to a peppercorn rent, or
(b)that, for reasons specified in the notice, the landlord does not admit that the tenant had that right on that date,
and which also specifies an address in England and Wales at which notices may be given to the landlord under this Schedule.
(3)If the counter-notice admits the tenant’s right, the admission is binding on the landlord as to the tenant’s right to a peppercorn rent, unless the landlord shows that misrepresentation or concealment of material facts induced the landlord to make the admission.
(4)If the counter-notice admits the tenant’s right, the counter-notice must also state either—
(a)that the landlord admits that the right applies to the rent in respect of which the right is claimed, or
(b)that, for reasons specified in the notice, the landlord does not admit that the right applies to that rent,
and must also give the landlord’s response to the proposed premium, and any other consequential variations to the lease, specified in the rent variation notice in accordance with paragraph 3(6).
(5)The “rent in respect of which the right is claimed” is—
(a)all of the rent under the qualifying lease, if the rent variation notice includes a statement under paragraph 3(4)(a), or
(b)the rent which relates to the property described in the rent variation notice in accordance with paragraph 3(5), if it includes a statement under paragraph 3(4)(b).
(6)If the counter-notice admits that the right applies to the rent in respect of which the right is claimed, the admission is binding on the landlord as to that rent, unless the landlord shows that misrepresentation or concealment of material facts induced the landlord to make the admission.
(7)The “response period” is a period (for the landlord to give counter-notice) specified in the rent variation notice which begins with the day on which the notice is given.
(8)The rent variation notice may not specify a period of less than two months or more than six months.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: