Rentcharges Act 1977
| Jurisdiction | UK Non-devolved |
| Citation | 1977 c. 30 |
(a) rent reserved by a lease or tenancy, or(b) any sum payable by way of interest.(1) Subject to this section, no rentcharge may be created whether at law or in equity after the coming into force of this section.(2) Any instrument made after the coming into force of this section shall, to the extent that it purports to create a rentcharge the creation of which is prohibited by this section, be void.in the case of which paragraph 3 of Schedule 1 to the Trusts of Land and Appointment of Trustees Act 1996 (trust in case of family charge) applies to the land on which the rent is charged;in the case of which paragraph (a) above would have effect but for the fact that the land on which the rent is charged is settled land or subject to a trust of land;which is an estate rentcharge;under any Act of Parliament providing for the creation of rentcharges in connection with the execution of works on land (whether by way of improvements, repairs or otherwise) or the commutation of any obligation to do any such work; orby, or in accordance with the requirements of, any order of a court.of making covenants to be performed by the owner of the land affected by the rentcharge enforceable by the rent owner against the owner for the time being of the land; orof meeting, or contributing towards, the cost of the performance by the rent owner of covenants for the provision of services, the carrying out of maintenance or repairs, the effecting of insurance or the making of any payment by him for the benefit of the land affected by the rentcharge or for the benefit of that and other land.(5) A rentcharge of more than a nominal amount shall not be treated as an estate rentcharge for the purposes of this section unless it represents a payment for the performance by the rent owner of any such covenant as is mentioned in subsection (4) (b) above which is reasonable in relation to that covenant.with the passing of this Act, orwith the date on which the rentcharge first became payable,(2) The extinguishment of a rentcharge under this section shall not affect the exercise by any person of any right or remedy for the recovery of any rent which accrues before the rentcharge is so extinguished.which is, by virtue of any enactment or agreement or by custom, charged on or otherwise payable in relation to land wholly or partly in lieu of tithes; orwhich is of a kind referred to in subsection (3) of section 2 above (disregarding subsection (5) of that section) .(4) Subsection (1) above shall not apply to a variable rentcharge; but where such a rentcharge ceases to be variable, subsection (1) above shall apply as if the date on which the rentcharge first became payable were the date on which it ceased to be variable.(5) For the purposes of subsection (4) above, a rentcharge shall (at any time) be treated as variable if at any time thereafter the amount of the rentcharge will, or may, vary in accordance with the provisions of the instrument under which it is payable.(1) The owner of any land which is affected by a rentcharge which also affects land which is not in his ownership may, subject to this section, apply to the Secretary of State for an order apportioning the rentcharge between that land and the remaining land affected by the rentcharge.(2) The owner of any land which is affected by a rentcharge which does not affect land not in his ownership may apply to the Secretary of State for an order apportioning the rentcharge between such parts of his land as may be specified in the application.a rentcharge of a kind mentioned in section 2(3) (d) or 3(3) (a) above, orland affected by a rentcharge which also affects other land, if the whole of that other land is exonerated or indemnified from the whole of the rentcharge by means of a charge on the first mentioned land.under subsection (1) above, shall specify the amount (if any) equitably apportioned to the applicant’s land, andunder subsection (2) above, shall specify the applicant’s proposal for apportioning the rentcharge between the parts of his land specified in the application.(5) Subject to subsection (4) above, every application under this section shall be in such form and shall contain such information and be accompanied by such documents as may be prescribed by regulations.to deliver to him such documents (including documents of title and, in the case of registered land, an authority to inspect the register) , andto furnish him with such information,(7) Where an applicant’s documents of title are in the custody of a mortgagee the mortgagee shall, if requested to do so by the Secretary of State for the purpose of an application made under this section, deliver those documents to the Secretary of State on such terms as to their custody and return as the mortgagee may reasonably require.(1) Where an application for apportionment is made under section 4 above and the Secretary of State is satisfied that he is in a position to do so, he shall prepare a draft order for apportionment of the rentcharge.the amount specified in the application as the amount equitably apportioned to that land; orwhere no amount has been equitably apportioned to that land, such amount as the Secretary of State considers appropriate.(3) If the application is made under section 4(2) above, the amounts specified in the draft order as apportioned between the parts of the applicant’s land specified in the application shall be those proposed in the application.(4) A copy of the draft order shall be served by the Secretary of State on the person appearing to him to be the rent owner or his agent, and, in a case falling within subsection (2) (b) above, on such persons as appear to him to be the owners of the land affected by the rentcharge.
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