(1)In determining whether a long tenancy was, at any time,—
(a)a tenancy at a low rent within the meaning of the M1Rent Act 1968; or
(b)a tenancy to which, by virtue of section 12(7) of the Act of 1920, the Rent Acts did not apply;
there shall be disregarded such part (if any) of the sums payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, [F1council tax,]services, repairs, maintenance, or insurance, unless it could not have been regarded by the parties as a part so payable.
(2)In subsection (1) above—
“long tenancy” means a tenancy granted for a term certain exceeding 21 years, other than a tenancy which is, or may become, terminable before the end of that term by notice given to the tenant;
“the Act of 1920” means the M2Increase of Rent and Mortgage Interest (Restrictions) Act 1920; and
“the Rent Acts” means the Rent and Mortgage Interest Restrictions Acts 1920 to 1939.
Textual Amendments
F1Words in s. 146(1) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 11
Marginal Citations