Regulation 5 Transitional provision in relation to sections 61 and 63 of the 2022 Act

(1)

This regulation applies to a relevant current tenancy where—

(a)

an interim rent application has been made;

(b)

the appropriate date falls before 7th April 2026; and

(c)

regulation 4 does not apply to the relevant current tenancy.

(2)

The interim rent for a relevant current tenancy to which this regulation applies is the sum of—

(a)

the pre-commencement interim rent; and

(b)

the post-commencement interim rent.

(3)

In paragraph (2)(a), the “pre-commencement interim rent” is the interim rent that would be determined under section 24C (amount of interim rent where new tenancy of whole premises granted and landlord not opposed) or (as the case may be) section 24D (amount of interim rent in any other case) of the 1954 Act for the pre-commencement period if—

(a)

the amendments made by sections 61 and 63 of the 2022 Act did not apply; and

(b)

section 24C of the 1954 Act were modified in accordance with paragraph (5).

(4)

In paragraph (3), the “pre-commencement period” is the part of the interim rent period which—

(a)

begins with the appropriate date; and

(b)

ends with 6th April 2026.

(5)

For the purposes of paragraph (3), section 24C of the 1954 Act is to be read as if—

(a)

in subsection (2), for the words from “the rent payable” to the end there were substituted “the interim rent is the relevant rent”;

(b)

in subsection (3), paragraph (a) were omitted;

(c)

subsection (5) were omitted;

(d)

in subsection (6), for the words “only of subsection (3)(b) above, or by virtue of subsection (3)(a) and (b) above,” there were substituted “of subsection (3) above”.

(6)

In paragraph (2)(b), the “post-commencement interim rent” is the interim rent determined under section 24C or (as the case may be) section 24D of the 1954 Act for the part of the interim rent period which—

(a)

begins with 7th April 2026; and

(b)

ends with the date of termination of the relevant current tenancy in accordance with the provisions of the 1954 Act.

(7)

In this regulation—

(a)

“an interim rent application” means, in relation to a relevant current tenancy, an application to the court under section 24A (applications for determination of interim rent while tenancy continues) of the 1954 Act to determine an interim rent;

(b)

“the appropriate date” has the same meaning as in section 24B (date from which interim rent is payable) of the 1954 Act;

(c)

“the interim rent period” means, in relation to a relevant current tenancy, the period for which interim rent determined on an application under section 24A(1) of the 1954 Act is payable.