Rent Act 1977

Registration of rents

86 Tenancies to which Part VI applies

(1) In this Part of this Act" housing association tenancy " means a tenancy to which this Part of this Act applies.

(2) This Part of this Act applies to a tenancy where—

(a) the interest of the landlord under that tenancy belongs to a housing association or housing trust, or to the Housing Corporation, and

(b) the tenancy would be a protected tenancy but for section 15 or 16 of this Act, and is not a tenancy to which Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 applies.

(3) In this Part of this Act " housing association " has the meaning assigned to it for the purposes of the [1957 c. 56.] Housing Act 1957 by section 189(1) of that Act, except that it does not include any association which is a registered society within the meaning of section 74 of the [1965 c. 12.] Industrial and Provident Societies Act 1965 and whose rules—

(a) restrict membership to persons who are tenants or prospective tenants of the association, and

(b) preclude the granting or assigning of tenancies to persons other than members.

(4) In this Part of this Act " housing trust" means a corporation or body of persons which—

(a) is required by the terms of its constituent instrument to devote the whole of its funds, including any surplus which may arise from its operations, to the following purposes, that is to say, the provision of houses for persons the majority of whom are in fact members of the working classes, and other purposes incidental thereto; or

(b) is required by the terms of its constituent instrument to devote the whole or substantially the whole of its funds to charitable purposes and in fact devotes the whole or substantially the whole of its funds to the purposes set out in paragraph (a) of this subsection.

(5) In subsection (4) above " house " includes—

(a) any yard, garden, outhouses and appurtenances belonging thereto or usually enjoyed therewith; and

(b) any part of a building which is occupied or intended to be occupied as a separate dwelling.

87 Rents to be registrable

(1) There shall be a part of the register under Part IV of this Act in which rents may be registered for dwelling-houses which are let, or are, or are to be, available for letting, under a housing association tenancy.

(2) In relation to that part of the register the following (and no other) provisions of this Act:—

(a) sections 67, 69 and 70,

(b) section 71, except subsection (3), and

(c) Schedules 11 and 12,

shall apply in relation to housing association tenancies, and in their application to such tenancies shall have effect as if for any reference in those provisions to a regulated tenancy there were substituted a reference to a housing association tenancy.

(3) Registration in that part of the register shall take effect on the date of registration (subject to paragraph 10 of Schedule 24 to this Act).

(4) From the date of registration any previous registration of a rent for the dwelling-house shall cease to have effect.

(5) Where by virtue of subsection (4) of section 67 of this Act (as modified by subsection (2) above)—

(a) an application is made before the expiry of the period of 3 years referred to in subsection (3) of that section, and

(b) a new rent is registered before the expiry of that period of 3 years,

the references in subsections (3) and (4) above, in subsections (2) and (3) of section 89, and the last reference in section 90(2), of this Act, to the date of registration shall be construed as references to the first day after the expiry of that period of 3 years.

(6) A rent registered in any part of the register for a dwelling-house which becomes, or ceases to be, one subject to a housing association tenancy, shall be as effective as if it were registered in any other part of the register.