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Long Leases (Scotland) Act 2012
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40Allocation of cumulo rent after appointed day
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(1)This section applies where—
(a)immediately before the appointed day, a cumulo rent was payable in relation to two or more leases, and
(b)on that day, one or more of the leases is extinguished by virtue of Part 1 in respect of any subjects of the leases.
(2)The landlord must, before the expiry of the period of 2 years beginning with the appointed day, allocate the cumulo rent between the leases mentioned in subsection (1)(a).
(3)The allocation under subsection (2) must be in such proportions as are reasonable in all the circumstances.
(4)For the purposes of subsection (3), the proportions are presumed to be reasonable in so far as they accord with any apportionment of the cumulo rent that was effective immediately before the appointed day.
(5)The annual rent payable from the appointed day under a lease which is not wholly extinguished by virtue of Part 1 is (subject to section 41) the annual rent allocated to the lease under subsection (2).
(6)In this section and sections 41, 42 and 43, “landlord” includes former landlord.
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