Landlord and Tenant (Ground Rents) Act, 1967
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General right to apportionment of rent. |
11.—(1) Where land demised by a lease (being either a building lease or a proprietary lease) is held by more than one person each of whom is a lessee under a building lease or a proprietary lease, an assignee from any such lessee of part of such land or a successor in title of any such assignee and the rent reserved by the first-mentioned lease is being paid to the lessor by one only of the persons, that person shall be entitled to have the rent apportioned between the part of the land held by him and the part of the land held by each such other person who is liable for the payment of part of the rent to the person so entitled. | |
(2) Where a rent reserved by a lease is apportioned under this Act between different parts of the land demised by the lease— | ||
(a) any such part shall be subject to the payment to the lessor only of the portion of the rent apportioned in respect thereof and shall not be subject to the payment to any other person of any portion of the rent, and | ||
(b) any such part shall be subject only to the performance and observance of the covenants and conditions contained in the lease in so far as they are applicable to that part, in the same manner as if that part only were demisedby the lease subject to the apportioned rent and subject to the performance and observance of the covenants and conditions aforesaid. | ||
(3) Where a rent reserved by a lease is apportioned under this Act— | ||
(a) a fine, or payment in the nature of a fine, shall not be charged or payable for or in respect of the apportionment, | ||
(b) the total of the rents payable as a result of the apportionment shall not exceed the amount of the rent reserved by the lease together with the estimated additional cost (if any), attributable to the apportionment, of collecting the apportioned rents, | ||
(c) the estimated additional cost (if any), attributable to the apportionment, of collecting the apportioned rents shall be determined at the time of the apportionment and shall be included in the apportioned rent payable by the person by whom the notice under section 12 of this Act relating to the lease was served. |