80 Reconsideration of rent after registration.E+W
(1)Where the rent payable for any dwelling has been entered in the register under section 79 [F1or 79A] of this Act the lessor or the lessee . . . F2 may refer the case to the [F3appropriate] tribunal for reconsideration of the rent so entered.
(2)Where the rent under a restricted contract has been registered under section 79 [F4or 79A] of this Act, [F5the appropriate tribunal] shall not be required to entertain a reference, made otherwise than by the lessor and the lessee jointly, for the registration of a different rent for the dwelling concerned before the expiry of the period of [F62 years] beginning on the date on which the rent was last considered by the tribunal, except on the ground that, since that date, there has been such a change in—
(a)the condition of the dwelling,
(b)the furniture or services provided,
(c)the terms of the contract, or
(d)any other circumstances taken into consideration when the rent was last considered,
as to make the registered rent no longer a reasonable rent.
F7[(3)If the dwelling forms part of a hereditament in respect of which the lessor, or any person having any title superior to that of the lessor, is liable under Part I of the Local Government Finance Act 1992 to pay council tax or was so liable on the date on which the rent was last considered by the tribunal, then, in determining for the purposes of subsection (2) above whether since that date there has been such a change falling within paragraph (d) of that subsection as to make the registered rent no longer a reasonable rent, any change in the amount of council tax payable in respect of the hereditament shall be disregarded unless it is attributable to—
(a)the fact that the hereditament has become, or has ceased to be, an exempt dwelling,
(b)an alteration in accordance with regulations under section 24 of the Local Government Finance Act 1992 of the valuation band shown in a valuation list as applicable to the hereditament, or
(c)the compilation of a new valuation list in consequence of an order of the Secretary of State under section 5(4)(b) of that Act.
(4)In subsection (3) above “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992 and, subject to that, expressions used in subsection (3) and in Part I of that Act (other than “dwelling”) have the same meaning in that subsection as in that Part.]
Textual Amendments
F1Words in s. 80(1) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 23(a)(i) (with Sch. 3)
F2Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18
F3Word in s. 80(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 23(a)(ii) (with Sch. 3)
F4Words in s. 80(2) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 23(b)(i) (with Sch. 3)
F5Words in s. 80(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 23(b)(ii) (with Sch. 3)
F6Words substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 70
F7S. 80(3)(4) added (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para.10