Paragraph 3

England and Wales

On a reference under section 12 of this Act the arbitrator F1or (as the case may be) the third party —

(a)

shall disregard any effect on the rent of the fact that the tenant who is a party to the arbitration F2or third party determination is in occupation of the holding, F3...

F4(aa)

in a case where the tenant is, under an agreement in writing with the landlord, required to make payments in respect of improvements to the holding that are or are to be wholly or partly financed by the landlord, shall disregard any effect on the rent of—

(i)

the fact that the tenant is required to make such payments, and

(ii)

any benefit to the tenant arising from the improvements before the date on which the last of those payments falls to be made, and

(b)

shall not fix the rent at a lower amount by reason of any dilapidation or deterioration of, or damage to, buildings or land caused or permitted by the tenant.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 3 inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 25(4)(a)
F2: Words in Sch. 2 para. 3(a) inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 25(4)(b)
F3: Word in Sch. 2 para. 3(a) omitted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 8(2)
F4: Sch. 2 para. 3(aa) inserted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 8(3)

Notes on Schedule 2

Textual amendments

F1: Words in Sch. 2 heading inserted (26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e)(3)(a), Sch. 4 para. 25(6)