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Long Leases (Scotland) Act 2012

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This is the original version (as it was originally enacted).

42Allocation of cumulo renewal premium

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(1)This section applies where—

(a)immediately before the appointed day, the renewal premium payable in relation to two or more leases containing a renewal obligation was a cumulo renewal premium,

(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, and

(c)a lease mentioned in paragraph (b) complies with section 1(3)(b) and (c) by virtue of section 71(1)(b).

(2)The landlord must, before the expiry of the period of 2 years beginning with the appointed day, allocate the cumulo renewal premium 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)—

(a)the proportions are presumed to be reasonable in so far as they accord with any apportionment of the cumulo renewal premium that was effective immediately before the appointed day,

(b)where there is no such apportionment, the proportions are presumed to be reasonable in so far as they accord with any allocation of rent under section 40.

(5)The renewal premium payable from the appointed day under a lease which is not wholly extinguished by virtue of Part 1 is (subject to section 43) the renewal premium allocated to the lease under subsection (2).

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