Rent Act 1977

55 General provision for phasing of rent increases

(1) Where the rent of a dwelling-house qualifies for phasing under this section—

(a) a notice of increase of the rent for any statutory period, or part of a statutory period, falling within the period of delay imposed by Schedule 8 to this Act may increase it to the extent permitted by that Schedule;

(b) the rent for any contractual period, or part of a contractual period, falling within the period of delay shall not exceed the amount to which the rent could have been increased in accordance with Schedule 8 for a corresponding statutory period or part of a statutory period.

(2) A notice of increase which purports to increase rent which qualifies for phasing under this section further than permitted by Schedule 8 shall have effect to increase it to the extent so permitted but no further.

(3) The rent of a dwelling-house qualifies for phasing under this section if—

(a) a rent is registered for the dwelling-house under Part IV of this Act; and

(b) the special phasing provisions of section 89 of, and Schedule 9 to, this Act do not apply to it; and

(c) the tenancy is a regulated tenancy which—

(i) was subsisting at 10th March 1975 ; or

(ii) was subsisting at the date of registration; or

(iii) was not subsisting at the date of registration but was granted after that date to a person to whom subsection (4) below applies.

(4) This subsection applies to a person who, at the date when the tenancy was granted, was either—

(a) the tenant under a previous regulated tenancy of the dwelling-house, or a person who might succeed the tenant as a statutory tenant, or

(b) a statutory tenant of a dwelling-house, within the meaning of the [1976 c. 80.] Rent (Agriculture) Act 1976, whose rent qualified for phasing under section 15 of that Act, or a person who might succeed such a tenant as a statutory tenant by succession, within the meaning of that Act.

(5) Nothing in this section or in Schedule 8 shall prevent or limit any increase in rent by virtue of section 71(4) of this Act (variable rents).

(6) In this section " notice of increase " means a notice under section 45(2) of this Act.