SCHEDULES

F1SCHEDULE 17AFurther provisions relating to leases

Annotations:
Amendments (Textual)
F1

Sch. 17A inserted (with effect in accordance with Sch. 39 para. 26 of the amending Act) by Finance Act 2004 (c. 12), Sch. 39 para. 22(2) (which amending provision re-enacts, subject to certain changes, a corresponding amendment made by the now revoked Stamp Duty and Stamp Duty Land Tax (Variation of the Finance Act 2003) (No. 2) Regulations 2003 (S.I. 2003/2816), see Sch. 39 para. 14) (with Sch. 39 paras. 11, 13(5))

Tenants' obligations etc that do not count as chargeable consideration

10

1

In the case of the grant of a lease none of the following counts as chargeable consideration—

a

any undertaking by the tenant to repair, maintain or insure the demised premises F3...;

b

any undertaking by the tenant to pay any amount in respect of services, repairs, maintenance or insurance or the landlord’s costs of management;

c

any other obligation undertaken by the tenant that is not such as to affect the rent that a tenant would be prepared to pay in the open market;

d

any guarantee of the payment of rent or the performance of any other obligation of the tenant under the lease;

e

any penal rent, or increased rent in the nature of a penal rent, payable in respect of the breach of any obligation of the tenant under the lease.

F2f

any liability of the tenant for costs under section 14(2) of the Leasehold Reform Act 1967 or section 60 of the Leasehold Reform, Housing and Urban Development Act 1993 (costs to be borne by person exercising statutory right to be granted lease);

g

any other obligation of the tenant to bear the landlord’s reasonable costs or expenses of or incidental to the grant of a lease;

h

any obligation under the lease to transfer to the landlord, on the termination of the lease, payment entitlements granted to the tenant under the single payment scheme (that is, the scheme of income support for farmers in pursuance of Title III of F4Council Regulation (EC) No 73/2009 ) in respect of land subject to the lease.

2

Where sub-paragraph (1) applies in relation to an obligation, a payment made in discharge of the obligation does not count as chargeable consideration.

3

The release of any such obligation as is mentioned in sub-paragraph (1) does not count as chargeable consideration in relation to the surrender of the lease.