Subsection (3) applies to the calculation of F2the amount to be taken into account as mentioned in section 835(2)(c) or 836(2)(c) in respect of the non-excluded element of the payment within section 835(2) or 836(2).

For the purposes of this section the non-excluded element of a payment is the element of the payment not excluded under section 843 (service charges etc).

F3The amount of the payment to be taken into account must not exceed the commercial rent for the period for which the payment is made (see section 844 or 845).