Part 3Allocation of rents and renewal premiums etc.

Allocation of rent

39Allocation of cumulo rent before appointed day

(1)This section applies where—

(a)a cumulo rent is payable in relation to two or more leases, and

(b)one or more of the leases is a qualifying lease.

(2)The landlord may, at any time before 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 allocation under (2).

(5)Where the landlord allocates the cumulo rent between two or more leases under subsection (2), the annual rent payable under each lease from the day on which the landlord gives notice to the tenant of the allocation is the annual rent allocated to the lease and such rent is not cumulo rent for the purposes of this Act.