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Rentcharges Act 1977
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Rentcharges Act 1977, Section 9 is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7A inserted by 2016 c. 22 s. 138(2)
- s. 8(1A) inserted by 2016 c. 22 s. 138(3)(b)
- s. 12(1A)(1B) inserted by 2016 c. 22 s. 138(4)(b)
9 Issue of redemption certificate.E+W
(1)Where an application for a redemption certificate has been duly made under section 8 above, the Secretary of State shall serve notice of the application (“notice of application”) on the person appearing to him to be the rent owner in relation to the rentcharge to which the application relates or his agent.
(2)A notice of application shall require the person on whom it is served to notify the Secretary of State, before the expiry of the period of 21 days beginning with the date on which the notice of application is served, whether or not he is the rent owner in relation to that rentcharge.
(3)Notification under subsection (2) above shall be given in the form prescribed by regulations and shall contain such information, and be accompanied by such documents, as may be so prescribed.
(4)Where the Secretary of State has been duly notified under subsection (2) above, or the period mentioned in that subsection has expired without his being so notified, he shall serve a notice (“instructions for redemption”) on the applicant for the redemption certificate—
(a)specifying the sum required to redeem the rentcharge (the “redemption price”) calculated in accordance with [F1regulations under] section 10(1) below, and
(b)naming the person (determined in accordance with section 10(2) below), if any, appearing to the Secretary of State to be the person to whom the redemption price should be paid by the applicant.
(5)After service of instructions for redemption, the Secretary of State shall issue the applicant with a redemption certificate on proof—
(a)that the applicant has, before the expiry of the period of 28 days beginning with the date on which the instructions are served—
(i)paid the amount specified as the redemption price to the person named in the instructions as the person to whom payment should be made, or
(ii)where no person is so named, paid that amount into court in accordance with section 10(4) below, or
(b)in a case where the applicant has been authorised to do so under subsection (6) below, that he has paid that amount into court in accordance with section 10(4) below before the expiry of that period, (or such longer period as the Secretary of State may allow).
(6)For the purposes of subsection (5)(b) above, the Secretary of State may authorise payment into court in any case where he is satisfied that the applicant is unable to effect payment in accordance with the instructions for redemption or that it would be unreasonable to require him to do so.
Textual Amendments
F1Words in s. 9(4)(a) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 137(2), 216(1)(c) (with s. 137(5))
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