Section 8: Transfer of burden or liability

8. Transfer of burden or liability (1) Any transfer to a tenant of a burden or liability previously borne by the landlord shall be treated as an alteration of the rent and where, as a result of the transfer, the terms on which the premises are held are on the whole less favourable to the tenant than the previous terms, the rent shall be deemed to be increased, whether or not the amount payable as rent is increased. (2) Any increase of the rent payable for any premises in respect of a transfer to the landlord of a burden or liability previously borne by the tenant L6 – 5 [Issue 7] Landlord and Tenant Act shall not be deemed to be an increase in rent where, as a result of the transfer, the terms on which the premises are held are on the whole not less favourable to the tenant than the previous terms.