§ Description of Works
§ Strike out words in square brackets if inapplicable.
§ Note 1
§ The improvement must be one made by the execution of works amounting to the structural alteration or extension of the premises or a structural addition thereto, e.g. the erection of a garage in the grounds.
§ Note 2
§ If the amount of the reduction is agreed in writing between the landlord and the tenant. the amount of the reduced rateable value as so agreed will be substituted for the purposes of the Leasehold Reform Act 1967. for the rateable value on 1st April, 1973.
§ Note 3
§ If the amount of the reduction is not agreed in writing between the landlord and the tenan. the Valuation Officer will have to decide whether the improvement has affected the rateable value of the premises, and if so, what that value would have been had the improvement not been made. The name and address of the Valuation Officer can be obtained from the local authority. Before, however, an application is made to the Valuation Officer, the landlord and the tenant must try to agree in writing on the items mentioned at (a) to (d) of this paragraph, or such of those items as are material. If at the end of a period of six weeks after the service of this notice any of these items have not been agreed, the tenant may. within a further six weeks or much longer time as the court may allow, apply to the county court to settle the matter.
§ If it has either been agreed or determined by the county court that there has been an improvement of the kind described in Note 1 involving specified works, and that the improvement was carried out by the tenant or a previous tenant, or that the tenant or a previous tenant contributed to its cost, and in the latter case what proportion the contribution bears to the whole cost of the works, then, if within a period of two weeks after the agreement or determination of the county court the landlord and the tenant have still not agreed in writing whether any or what reduction is to be made, the tenant has a further four weeks 1787 in which to make an application in the statutory form to the Valuation Officer for a certificate as to whether or not the improvement has affected the rateable value, and if so, the amount by which that value would have been less if the improvement had not been made.
§ (3) An application for such a certificate shall be in the prescribed form and shall state the name and address of the landlord, and the valuation officer shall send a copy of the certificate to the landlord.
§ (4) Where the amount of the reduction under this Schedule falls to be determined in accordance with such a certificate, it shall be equal to the amount specified in pursuance of head (b) of sub-paragraph (2) of this paragraph, but proportionately reduced in any case where a proportion only of the cost was contributed by the tenant or a previous tenant under the tenancy.
§ (5) Where at the time of an application for a certificate under this paragraph a proposal for an alteration in the valuation list relating to the hereditament is pending and the altera-tion would have effect from a date earlier than the second day of April, nineteen hundred and seventy-three, the valuation officer shall not issue the certificate until the proposal is settled.
§ FORM …
§ Notice by Tenant to Landlord of Tenants' Improvements affecting Rateable Value
§ Date …
§ To, landlord of
§ 1.—(1) (A previous tenant of the above-mentioned premises under the tenancy) (made) (contributed to the cost of) the improvement(s) to the above-mentioned premises particulars of which are set out in the First Schedule hereto (No. 1).
§ 2. I hereby require you to agree to a reduction in the rateable value of the premises for the purposes of the Leasehold Reform Act, 1967.
§ 3. I propose that the rateable value shall be reduced to £ (Note 2).
§ 4. If you do not agree to this reduction (Note 3), do you agree that—
- (a) the improvcment(s) (is) (are) (an) improvement(s) made by the execution of works amounting to the structural alteration or extension of the premises or a structural addition thereto;
- (b) the works set out in the Second Schedule hereto were involved in the making of the improvement(s);
- (c) (I) (A previous tenant under the tenancy) (made the improvement(s)) (contributed to the cost of the improvement(s);)
- (d) the proportion of the cost borne by a previous tenant is).
§ Signature of …
1788§ FORM …
§ Application by Tenant to Valuation Officer for Certificate as to Recution for the purposes of the Leasehold Reform Act 1967 in the Rateable Value of premises on account of Tenants' Improvements.
§ Date.
§ To the Valuation Officer.
- 1. I am the tenant of,
and my landlord is
of - 2. It has been (agreed in writing between me and my landlord) (determined by the county court) that the improvements) specified in the First Schedule hereto (is an improvement) (are improvements) to which Schedule Seven to the Leasehold Reform Act 1967, applies, and that I or a previous tenant under the tenancy made the improvement(s) or contributed to (its) (their) cost, and that the works specified in the Second Schedule hereto were involved in the improvement(s).
- 3. It has not been agreed between me and my landlord whether any or what reduction is to be made under said Schedule Seven in the rateable value of the premises for the purposes of the Leasehold Reform Act 1967. and I hereby make application to you for a certificate under paragraph 3(2) of the said Schedule Seven (Note 4).
§ Signature of Tenant