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Leasehold Reform, Housing and Urban Development Act 1993

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65 Additional “low rent” test.E+W

After section 4 of the M1Leasehold Reform Act 1967 there shall be inserted—

4A Alternative rent limits for purposes of section 1A(2).

(1)For the purposes of section 1A(2) above a tenancy of any property falls within this subsection if either no rent was payable under it in respect of the property during the initial year or the aggregate amount of rent so payable during that year did not exceed the following amount, namely—

(a)where the tenancy was entered into before 1st April 1963, two-thirds of the letting value of the property (on the same terms) on the date of the commencement of the tenancy;

(b)where—

(i)the tenancy was entered into either on or after 1st April 1963 but before 1st April 1990, or on or after 1st April 1990 in pursuance of a contract made before that date, and

(ii)the property had a rateable value at the date of the commencement of the tenancy or else at any time before 1st April 1990,

two-thirds of the rateable value of the property on the relevant date; or

(c)in any other case, £1,000 if the property is in Greater London or £250 if elsewhere.

(2)For the purposes of subsection (1) above—

(a)the initial year”, in relation to any tenancy, means the period of one year beginning with the date of the commencement of the tenancy;

(b)the relevant date” means the date of the commencement of the tenancy or, if the property did not have a rateable value on that date, the date on which it first had a rateable value; and

(c)paragraphs (b) and (c) of section 4(1) above shall apply as they apply for the purposes of section 4(1);

and it is hereby declared that in subsection (1) above the reference to the letting value of any property is to be construed in like manner as the reference in similar terms which appears in the proviso to section 4(1) above.

(3)Section 1(7) above applies to any amount referred to in subsection (1)(c) above as it applies to the amount referred to in subsection (1)(a)(ii) of that section.

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