Housing Act 1974

3 (1) Where, after the service of a notice under paragraph 1 of this Schedule, it is agreed in writing between the landlord and tenant or determined by the county court— E+W

(a) that the improvement specified in the notice is one to which this Schedule applies, and what works were involved in it, and

(b) that the tenant or a previous tenant under the tenancy has made it or contributed to its cost, and, in the latter case, what proportion his contribution bears to the whole cost, then if, at the expiration of a period of two weeks from the agreement or determination, it has not been agreed in writing between the landlord and the tenant whether any or what reduction is to be made under this Schedule, and the tenant, within four weeks from the expiration of that period, makes an application to the valuation officer for a certificate under the next following sub-paragraph, that question shall be determined in accordance with the certificate unless the landlord and the tenant otherwise agree in writing.

(2) On any such application the valuation officer shall certify—

(a) whether or not the improvement has affected the rateable value on the 1st April, 1973 (as ascertained for the purposes of [F1 section 1 of the Leasehold Reform Act 1967]F1 ), of the hereditament of which the premises consist or, as the case may be, in which they are wholly or partly comprised, and

(b) if it has, the amount by which the rateable value would have been less if the improvement had not been made.

(3) An application for such a certificate shall be in the prescribed form and shall state the name and address of the landlord, and the Valuation Officer shall send a copy of the certificate to the landlord.

(4) Where the amount of the reduction under this Schedule falls to be determined in accordance with such a certificate, it shall be equal to the amount specified in pursuance of head (b) of sub-paragraph (2) of this paragraph, but proportionately reduced in any case where a proportion only of the cost was contributed by the tenant or a previous tenant under the tenancy.

(5) Where at the time of an application for a certificate under this paragraph a proposal for an alteration in the valuation list relating to the hereditament is pending and the alteration would have effect from a date earlier than the 2nd April, 1973, the Valuation Officer shall not issue the certificate until the proposal is settled.

Textual Amendments

F1 Words in Sch. 8 para. 3(2) substituted (3.10.1980) by Housing Act 1980 (c. 51), ss. 141, 153(4), Sch. 21 para. 8(c); S.I. 1980/1406, art. 3, Sch.