Paragraph 9 Jurisdiction of the appropriate tribunal in relation to paragraph 8I1

England and Wales Not yet in force

(1)

The appropriate tribunal may determine any matter arising under paragraph 8 (reduction of rent under intermediate leases on grant of a new lease), including what rent under an intermediate lease is apportioned to the qualifying property (see paragraph 2 (6)).

(2)

In relation to paragraph 8—

(a)

if the landlord under a qualifying intermediate lease cannot be found or their identity cannot be ascertained, the appropriate tribunal may make such order as it thinks fit, including—

(i)

an order dispensing with the requirement to give notice under paragraph 8 (3) to that landlord, or

(ii)

an order that such a notice has effect and has been property served even though it has not been served on that landlord;

(b)

the appropriate tribunal may make an order appointing a person to vary a lease in accordance with paragraph 8 on behalf of the landlord or tenant;

(c)

if the appropriate tribunal makes a determination that a notice under paragraph 8 (3) was of no effect, it may—

(i)

determine whether another landlord or tenant could have given such a notice, and

(ii)

if it determines that they could have done so, order that paragraph 8 is to apply as if they had done so.

(3)

The variation of a lease on behalf of a party in consequence of an order under sub-paragraph (2)(b) has the same force and effect (for all purposes) as if it had been executed by that party.

Annotations

Commencement

I1: Sch. 10 para. 9 not in force at Royal Assent, see s. 124(3)