The Town and Country Planning (Compensation and Certificates) Regulations 1974

Rentcharge claims

10.—(1) Where the Secretary of State receives from an original applicant a claim for any compensation payable under Part VII of the Act and that compensation is claimed by reference to an interest in land which is subject to a rentcharge created either before 1st July 1948, or on or after 1st January 1955, the Secretary of State shall give to any rentcharge owner appearing to him to be entitled to a rentcharge payment notice of the fact that such a claim has been made, and such notice may be sent to the last known address of any such rent-charge owner or his agent.

(2) Any rentcharge owner who has received a notice under the last preceding paragraph and who is entitled to receive any rentcharge payment shall make a rentcharge claim to the Secretary of State within thirty days of the date of the said notice.

(3) Any rentcharge claim shall be in writing and shall state—

(a) the name and address of any agent whom the rentcharge owner appoints to act for him in connection with the payment of a rentcharge payment;

(b) the names and addresses of the owner of the charged land and the rentcharge owner;

(c) the amount of the rentcharge;

(d) the date when the rentcharge was created;

(e) particulars of the charged land, including if necessary such a plan of suitable size as may be requisite to identify the land; and

(f) particulars of any other rentcharge affecting the charged land known to the rentcharge owner.

(4) Where an original applicant has failed to claim any such compensation within the period prescribed in that behalf, the right to claim compensation shall, subject to the allowing of an extended or further extended period by the Secretary of State, be exercisable by any rentcharge owner, in so far as it is necessary to enable a rentcharge payment to be made to him or any other rentcharge owner, as if he were an original applicant, and such rentcharge owner shall with his claim under Part VII of the Act furnish to the Secretary of State a rentcharge claim; and where such right is so exercised, the original applicant shall be entitled to any compensation found to be payable in respect of the charged land in excess of any rentcharge payments, and subject as aforesaid may claim compensation only in respect of his interest in the part of the land (if any) not subject to the rentcharge.

(5) The Secretary of State may require any rentcharge owner, empowered by these regulations or by regulations revoked by these regulations to make a rentcharge claim, to provide further particulars or evidence in support of his claim (including further information as to any relevant interest in land and as to any other persons interested in such land) and the rentcharge owner shall furnish any particulars or evidence available to him within thirty days of any such requirement.