SDLTM04090 | Scope: How much is chargeable: Non-cash consideration: Exclusions on the grant of a lease FA03/SCH17A/PARA10

Certain usual obligations and any payment made under those obligations for the grant of a lease are not chargeable consideration.

These are

• any undertaking by the tenant to repair, maintain or insure the demised premises (in Scotland, the leased premises)

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

• 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

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

• 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

Where a lease is transferred, either by landlord or tenant, the assumption or release of such an obligation is also not chargeable consideration.