Schedules
Schedule 10Right to vary lease to replace rent with peppercorn rent
6Application to appropriate tribunal where claim or terms not agreed
1
This paragraph applies if the landlord is given a rent variation notice by the tenant.
2
If the landlord gives the tenant a counter-notice before the end of the response period which disputes—
a
that the tenant had the right to a peppercorn rent,
b
that the right applies to the rent in respect of which it is claimed,
c
the amount of the premium which the tenant is proposing to pay, or
d
the consequential variations of the lease proposed by the tenant,
the landlord or tenant may apply to the appropriate tribunal to determine the matters in dispute.
3
Any application under sub-paragraph (2) must be made before the end of the period of 6 months beginning with the day after the day on which the counter-notice is given.
4
If the landlord does not give the tenant a counter-notice before the end of the response period, the tenant may apply to the appropriate tribunal to determine—
a
whether the tenant has the right to a peppercorn rent,
b
what rent that right applies in respect of,
c
the amount of the premium which the tenant is to pay, or
d
the variations of the lease that are to be made.
5
Any application under sub-paragraph (4) must be made before the end of the period of 6 months beginning with the day after the last day of the response period.