Paragraph 6 Application of this PartF1

(1)

This Part of this Schedule applies to a tenancy at a particular time if—

(a)

at that time it is a business tenancy with a rent review,

(b)

at that time the rent review terms—

(i)

do not specify new passing rent, and

(ii)

include elements 1 and 2,

(c)

the tenancy was—

(i)

granted, or

(ii)

varied so that it is subject to rent review terms that do not specify the new passing rent and include elements 1 and 2,

after this Schedule came into force, and

(d)

that grant or variation was not made under protected pre-commencement arrangements.

(2)

For that purpose “protected pre-commencement arrangements” means arrangements that were entered into before this Schedule came into force.

(3)

But arrangements under which the tenancy was granted are not protected pre-commencement arrangements if—

(a)

the tenancy is a new tenancy within the meaning of Schedule 7B,

(b)

the arrangements are a tenancy renewal arrangement within the meaning of Schedule 7B, and

(c)

the tenancy renewal arrangement was entered into on or after 17 March 2026,

(and see paragraph 3(2) of Schedule 7B for the meaning of “new tenancy” and “tenancy renewal arrangement”).

Annotations

F1: Sch. 7A inserted (29.4.2026 for specified purposes) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(6), Sch. 37 para. 2