Paragraph 15 Acquisition and surrender of tenant’s interest under leaseI1
England and Wales Not yet in force
This paragraph applies where, by virtue of paragraph 14, an acquiring authority acquires or will acquire a lease of land but not the interest of the lessor.
The authority must offer to surrender the lease to the lessor on terms the authority considers reasonable.
The authority or the lessor may refer the question of what terms of surrender are reasonable to the Upper Tribunal.
The authority must refer that question to the Tribunal if by the end of 3 months after the day the authority offered to surrender the lease—
the authority and the lessor have not agreed what terms are reasonable, and
the lessor has not referred the question to the Tribunal.
If the question of what terms are reasonable is referred to and determined by the Upper Tribunal, the lessor is to be treated—
as having accepted the surrender of the lease—
at the end of 1 month after the day the Tribunal makes its determination, or
on another day that the Tribunal directs, and
as having agreed with the authority on the terms of surrender that the Tribunal has held to be reasonable.
In determining what terms of surrender are reasonable, any terms of the lease relating to surrender must be ignored.
Where an amount is payable to a lessor by virtue of this paragraph and the lessor—
refuses to accept the amount, or
refuses or fails to establish title to the satisfaction of the acquiring authority,
the authority may pay the amount into court.
Subsections (2) and (5) of section 9 of the Compulsory Purchase Act 1965 (c. 56) (application of money paid into court) apply to an amount paid into court under sub-paragraph (7) as they apply to compensation paid into court under that section.
Where the acquiring authority is a body incorporated by or under an enactment, its powers include (if they would not otherwise do so) the power to farm the land to which the lease relates.
Annotations
Commencement
- I1
Sch. 12 para. 15 not in force at Royal Assent, see s. 409(2)