Housing Act 1964

34 Adjustment of relations between lessors and lessees

(1) Where a person who incurs expenditure in complying with an improvement notice is a lessor of the premises to which the notice relates, he may apply to the county court for an increase of the rent payable under the lease (not being controlled rent) and the court, after giving to the lessee and any sub-lessee an opportunity of being heard, and having regard to the amount of the expenditure, to any transfer of the burden of the expenditure from the lessor to any other person and to all the other circumstances, may, if the court thinks fit, make such an order for the variation of the lease by an increase of the rent payable under the lease as will in the opinion of the court afford an appropriate return in respect of the expenditure.

(2) This section shall not authorise the county court to increase the rent payable to the landlord in respect of an agricultural holding as defined in the Agricultural Holdings Act 1948.

(3) In this section " controlled rent" means rent which is subject to a limit imposed by the Rent Act 1957 or any other enactment.

(4) Subsection (2) of this section shall not apply to Scotland, but this section shall not authorise the sheriff to increase the rent payable to the landlord in respect of—

(a) an agricultural holding within the meaning of the Agricultural Holdings (Scotland) Act 1949, or

(b) a croft within the meaning of the Crofters (Scotland) Act 1955, or

(c) a holding within the meaning of the Small Landholders (Scotland) Acts 1886 to 1931.