Paragraph 15 Liability for costs: successful claimsI1

England and Wales Not yet in force

(1)

A tenant is liable to the landlord for the amount referred to in sub-paragraph (2) if—

(a)

the tenant makes a claim to the right to a peppercorn rent,

(b)

the rent is reduced in consequence of the claim,

(c)

the premium payable by the tenant for the variation of the lease is less than a prescribed amount,

(d)

the landlord incurs costs as a result of the claim,

(e)

the costs are incurred other than in connection with proceedings before a court or tribunal,

(f)

the costs incurred by the landlord are reasonable, and

(g)

the costs are more than the premium payable.

(2)

The amount is the difference between—

(a)

the premium payable by the tenant, and

(b)

the costs incurred by the landlord, or, if those costs exceed a prescribed amount, that prescribed amount.

(3)

In this paragraph “prescribed” means prescribed by, or determined in accordance with, regulations made—

(a)

in relation to England, by the Secretary of State;

(b)

in relation to Wales, by the Welsh Ministers.

(4)

A statutory instrument containing regulations under this paragraph is subject to the negative procedure.

Annotations