Rent (Agriculture) Act 1976

5 In Schedule 4 after paragraph 14 insert the following paragraph—

“14A (1) In ascertaining the amount of an allowance where the rent is payable by a qualifying agricultural tenant, the authority shall disregard—

(a) if a rent is registered for the dwelling under Part IV of the Rent Act 1968, any rent paid in excess of that rent or in excess of the rent limit under Schedule 6 to the Rent (Agriculture) Act 1976,

(b) if no rent is so registered, any rent paid in excess of the fair rent for the dwelling, as estimated by the authority on the basis that any furniture, services or board provided under the tenancy are disregarded except, as respects furniture or services, to the extent that they would fall to be taken into account (in pursuance of regulations made under section 25(3) of this Act) in calculating the occupational element of the rent.

(2) Nothing in sub-paragraph (1) above shall affect the operation of paragraph 17 of Schedule 3 to this Act.

(3) Where a tenant has paid on account of rent any amount which, by virtue of Part II or III of the Rent (Agriculture) Act 1976, is irrecoverable, the authority shall ascertain what the amount of the allowance would have been if the tenant had not paid the rent which is irrecoverable ; and the excess of the allowance actually made over that amount shall be treated for the purposes of paragraph 9 of this Schedule as an allowance which has been wrongly granted.

(4) For the purpose of estimating a fair rent under this paragraph an authority may consult any rent officer appointed by virtue of section 40 of the Rent Act 1968 for the registration area in which the dwelling is situated.”