Schedules

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

Application to appropriate tribunal where claim or terms not agreed

6(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.