Enforcement

I1I2I315Application to appropriate tribunal as to effect of section 7

1

The landlord or tenant under a regulated lease may apply to the appropriate tribunal for a declaration as to the effect of section 7 on the terms of the lease.

2

If, on an application under subsection (1), the appropriate tribunal is satisfied that the terms of the regulated lease include a term for the reservation of a prohibited rent, the appropriate tribunal must make a declaration as to the effect of section 7 on the terms of the lease.

3

An application may be made under subsection (1) in respect of two or more regulated leases where—

a

the landlord under each of the leases is the same person, and

b

the application is made by—

i

the landlord, or

ii

the tenant under one of the leases with the consent of the tenant under each of the other leases,

(and in the case of such an application references in subsections (1) and (2) to the lease are to be read as references to each of the leases in respect of which the application is made).

4

For the purposes of this section, the terms of a regulated lease include the terms of any contract relating to the lease.

5

Where the tenant is the registered proprietor of the leasehold estate relating to the lease—

a

the landlord must, if the appropriate tribunal so directs, apply to the Chief Land Registrar (and pay the appropriate fee) for the declaration to be entered in the registered title;

b

the tenant may apply to the Chief Land Registrar (and pay the appropriate fee) for the declaration to be entered in the registered title.