Rent DeterminationE+W
10.—(1) Despite the amendments made by the 2022 Consequential Regulations, the following provisions of the 1988 Act continue to have effect, as they did immediately before the appointed day, in relation to the specified matters—
(a)section 13(4)() (increases of rent under assured periodic tenancies), in relation to a notice served on the tenant in accordance with that section before the appointed day;
(b)section 14() (determination of rent by tribunal) (other than subsection (6)), in relation to a notice served on the tenant in accordance with section 13 of the 1988 Act before the appointed day (whether the application under section 13(4)(a) is made before or after the appointed day);
(c)section 22(3), (4)(a) and (b), and (5)() (reference of excessive rents to appropriate tribunal), in relation to an application made under subsection (1) of that section before the appointed day.
(2) Despite the amendments made by the 2022 Secondary Consequential Regulations, the Rent Assessment Committees (England and Wales) Regulations 1971() continue to have effect, as they did immediately before the appointed day, in relation to the determination of an application that is made or referred under section 6() (fixing of terms of statutory periodic tenancy), 13() (increases of rent under assured periodic tenancies) or 22() (reference of excessive rents to appropriate tribunal) of the 1988 Act (whether the application is conducted, in whole or in part, before or after the appointed day).
(3) Despite the amendments made by the 2022 Secondary Consequential Regulations, the 1988 Order continues to have effect, as it did immediately before the appointed day, in relation to a determination that falls within article 2 of the 1988 Order (whether the determination is conducted, in whole or in part, before or after the appointed day).
(4) Despite the amendments made by the 2022 Secondary Consequential Regulations, the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997() continue to have effect, as they did immediately before the appointed day, in so far as they prescribe—
(a)the form for the tenant to make an application under section 13(4)(a) of the 1988 Act (Form 5), and
(b)the form for an application under section 6(3)(a)() of the 1988 Act (fixing of terms of statutory periodic tenancy) (Form 2).
(5) A variation of rent under section 13, 14 or 22 of the 1988 Act which takes place after the appointed day by virtue of the savings made by this regulation is to be treated as a variation of rent under section 104 or 123 of the 2016 Act (variation of rent) for the purpose of paragraph 14(2) of Schedule 12 (variation) to the 2016 Act.
[(6) Paragraphs 15(1) and 15(1A) of Schedule 12 to the 2016 Act apply in relation to any variations of rent which take place after the appointed day by virtue of the savings made by this regulation, as they apply in relation to any variations in the rent payable under the contract before the appointed day.]
Textual Amendments
Commencement Information