Section 7A — Housing and Planning Act 2016: Power to make procedure for redeeming English rentcharges

Power to make procedure for redeeming English rentcharges 7A 1 The Secretary of State may by regulations make provision allowing the owner of land in England affected by a rentcharge to redeem it.

2 Regulations under subsection (1) may not make provision in relation to—

a a rentcharge that could be redeemed by making an application under section 8(1A),

b a rentcharge of a kind mentioned in section 2(3) or section 3(3)(a),

c a rentcharge in respect of which the period for which it is payable cannot be ascertained, or d a variable rentcharge.

3 For the purposes of subsection (2)(d) a rentcharge is variable if the amount of the rentcharge will, or may, vary in the future in accordance with the provisions of the instrument under which it is payable.

4 Regulations under subsection (1) may, in particular—

a provide for the owner of land affected by a rentcharge to be able to redeem a rentcharge by taking specified steps, including making payments determined in accordance with the regulations;

b require a rent owner or other person to take specified steps to facilitate the redemption of a rentcharge, such as providing information or executing a deed of release;

c where the documents of title of the owner of land affected by a rentcharge are in the custody of a mortgagee, require the mortgagee to make those documents or copies of those documents available in accordance with the regulations;

d permit or require a person specified in the regulations to design the form of any document to be used in connection with the redemption of rentcharges under the regulations;

e provide for a court or tribunal to—

i determine disputes about or in relation to the redemption of a rentcharge;

ii make orders about the redemption of a rentcharge; iii issue a redemption certificate;

f make provision corresponding to any of the provisions of section 10(2) to (4).

5 Nothing in this section prevents the redemption of a rentcharge otherwise than in accordance with regulations under subsection (1).