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Section 28 Interpretation: “ground rent”

(1)

In this Act “ground rent” means—

(a)

a fee farm rent; or

(b)

the rent payable under a lease granted for a term of more than 50 years,

other than a nominal rent.

(2)

In subsection (1) “nominal rent” means—

(a)

a rent of a yearly amount of less than £1; or

(b)

a peppercorn or other rent having no money value.

(3)

For the purposes of this Act where a ground rent is payable if demanded (however expressed), it shall be treated as payable even though there is no demand.

(4)

Where the amount of a ground rent is subject to alteration in consequence of a breach of covenant (whether it is to be increased from a lower amount to a higher amount in the event of a breach or is subject to reduction from a higher amount to a lower amount so long as there is no breach), for the purposes of this Act the amount of the ground rent is the lower amount.