Rent Act 1977

1977 CHAPTER 42

An Act to consolidate the Rent Act 1968, Parts III, IV and VIII of the Housing Finance Act 1972, the Rent Act 1974, sections 7 to 10 of the Housing Rents and Subsidies Act 1975, and certain related enactments, with amendments to give effect to recommendations of the Law Commission.

[29th July 1977]

Modifications etc. (not altering text)

C1 Act amended by Matrimonial Homes Act 1983 (c. 19, SIF 49:5). s. 1(6)

C2 Act excluded by Housing Act 1985 (c. 68, SIF 61), ss. 264(5), 270(3), 276, 286(3), 307, 368(6)

C3 Act modified by Housing Act 1988 (c. 50, SIF 75:1), s. 36(1)

C4 Act excluded by Housing Act 1988 (c. 50, SIF 75:1), s. 78(2), Sch. 10 para. 8

C5 Act modified by S.I. 1990/776, arts. 2(2), 5(2)(c)

C6 Act excluded by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 242

C7 Act applied by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 Pt. III para. 19(3)

C8 Act excluded by Leasehold Reform Act 1967 (c. 88), s. 16(1A) as inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 21 para. 4), Local Government Planning and Land Act 1980 (c. 65, SIF 123:1), Sch. 20 para. 17, Sch. 28 para. 10 and New Towns Act 1981 (c. 64, SIF 123:3), s. 22; amended by Housing Act 1980 (c. 51, SIF 61), s. 83, Sch. 8 paras. 9, 10

C9 Functions conferred on rent tribunals under this Act transferred by Housing Act 1980 (c. 51, SIF 61), s. 72(2)(3)

C10 Act: definition of "statutory tenant" applied (30. 11. 1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 22(1), Sch. 4, para. 1(4)(b); S.I. 1991/2508, art. 2

C11 Act excluded (10.11.1993) by 1993 c. 28, s. 169, Sch. 20, Pt. II para.8; S.I. 1993/2762, art.3

Act excluded (1.10.1998) by 1975 c. 70, Sch. 4 Pt. IV para. 16 (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4)

Act excluded (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 5; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(c)

Act: transfer of functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C12 Act (other than Pt. V and ss. 103-106) modified (1.10.1997) by 1996 c. 27, s. 30(4)(a) (with Sch. 9 para. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)

Part I E+W Preliminary

Protected and statutory tenancies E+W

1 Protected tenants and tenancies. E+W

Subject to this Part of this Act, a tenancy under which a dwelling-house (which may be a house or part of a house) is let as a separate dwelling is a protected tenancy for the purposes of this Act.

Any reference in this Act to a protected tenant shall be construed accordingly.

2 Statutory tenants and tenancies. E+W

(1) Subject to this Part of this Act—

(a) after the termination of a protected tenancy of a dwelling-house the person who, immediately before that termination, was the protected tenant of the dwelling-house shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it: and

(b) Part I of Schedule 1 to this Act shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house [F1 or, as the case may be, is entitled to an assured tenancy of a dwelling–house by succession] at any time after the death of a person who, immediately before his death, was either a protected tenant of the dwelling-house or the statutory tenant of it by virtue of paragraph (a) above.

(2) In this Act a dwelling-house is referred to as subject to a statutory tenancy when there is a statutory tenant of it.

(3) In subsection (1)(a) above and in Part I of Schedule 1, the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed as it was immediately before the commencement of this Act (that is to say, in accordance with section 3(2) of the M1 Rent Act 1968).

(4) A person who becomes a statutory tenant of a dwelling-house as mentioned in subsection (1)(a) above is, in this Act, referred to as a statutory tenant by virtue of his previous protected tenancy.

(5) A person who becomes a statutory tenant as mentioned in subsection 1(b) above is, in this Act, referred to as a statutory tenant by succession.

Textual Amendments

F1 Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 39(1)

Marginal Citations

M1 1968 c. 23.

3 Terms and conditions of statutory tenancies. E+W

(1) So long as he retains possession, a statutory tenant shall observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with the provisions of this Act.

(2) It shall be a condition of a statutory tenancy of a dwelling-house that the statutory tenant shall afford to the landlord access to the dwelling-house and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

(3) Subject to section 5 of the M2 Protection from Eviction Act 1977 (under which at least 4 weeks’ notice to quit is required), a statutory tenant of a dwelling-house shall be entitled to give up possession of the dwelling-house if, and only if, he gives such notice as would have been required under the provisions of the original contract of tenancy, or, if no notice would have been so required, on giving not less than 3 months’ notice.

(4) Notwithstanding anything in the contract of tenancy, a landlord who obtains an order for possession of a dwelling-house as against a statutory tenant shall not be required to give to the statutory tenant any notice to quit.

(5) Part II of Schedule 1 to this Act shall have effect in relation to the giving up of possession of statutory tenancies and the changing of statutory tenants by agreement.

Marginal Citations

M2 1977 c. 43.

Exceptions E+W

4 Dwelling-houses above certain rateable values. E+W

(1) A tenancy [F2 which is entered into before 1st April 1990 or (where the dwelling-house had a rateable value on 31st March 1990) is entered into on or after 1st April 1990 in pursuance of a contract made before that date] is not a protected tenancy if the dwelling-house falls within one of the Classes set out in subsection (2) below.

(2) Where alternative rateable values are mentioned in this subsection, the higher applies if the dwelling-house is in Greater London and the lower applies if it is elsewhere.

• Class A

• The appropriate day in relation to the dwelling-house falls or fell on or after 1st April 1973 and the dwelling-house on the appropriate day has or had a rateable value exceeding £1,500 or £750.

• Class B

• The appropriate day in relation to the dwelling-house fell on or after 22nd March 1973, but before 1st April 1973, and the dwelling-house—

  (a)

  on the appropriate day had a rateable value exceeding £600 or £300, and

  (b)

  on 1st April 1973 had a rateable value exceeding £1,500 or £750.

• Class C

• The appropriate day in relation to the dwelling-house fell before 22nd March 1973 and the dwelling-house—

  (a)

  on the appropriate day had a rateable value exceeding £400 or £200, and

  (b)

  on 22nd March 1973 had a rateable value exceeding £600 or £300, and

  (c)

  on 1st April 1973 had a rateable value exceeding £1,500 or £750.

(3) If any question arises in any proceedings whether a dwelling-house falls within a Class in subsection (2) above, by virtue of its rateable value at any time, it shall be deemed not to fall within that Class unless the contrary is shown.

[F3 (4) A tenancy is not a protected tenancy if—

(a) it is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and

(b) under it the rent payable for the time being is payable at a rate exceeding £25,000 a year.

(5) In subsection (4) above “rent” does not include any sum payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, [F4 council tax,] services, repairs, maintenance or insurance, unless it could not have been regarded by the parties as a sum so payable.

(6) If any question arises in any proceedings whether a tenancy is precluded from being a protected tenancy by subsection (4) above, the tenancy shall be deemed to be a protected tenancy unless the contrary is shown.

(7) The Secretary of State may by order replace the amount referred to in subsection (4) above by an amount specified in the order; and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F2 Words inserted by S.I. 1990/434, reg. 2, Sch. para. 15

F3 S. 4(4)–(7) inserted by S.I. 1990/434, reg. 2, Sch. para. 16

F4 Words in s. 4(5) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para.3

5 Tenancies at low rents. E+W

(1) A tenancy [F5 which was entered into before 1st April 1990 or (where the dwelling-house under the tenancy had a rateable value on 31st March 1990) is entered into on or after 1st April 1990 in pursuance of a contract made before that date] is not a protected tenancy if under the tenancy either no rent is payable or, . . . F6 the rent payable is less then two-thirds of the rateable value which is or was the rateable value of the dwelling-house on the appropriate day.

(2) Where—

(a) the appropriate day in relation to a dwelling-house fell before 22nd March 1973, and

(b) the dwelling-house had on the appropriate day a rateable value exceeding,if it is in Greater London, £400 or, if it is elsewhere, £200,

subsection (1) above shall apply in relation to the dwelling-house as if the reference to the appropriate day were a reference to 22nd March 1973.

[F7 (2A) A tenancy is not a protected tenancy if—

(a) it is entered into on or after the 1st April 1990 (otherwise than, where the dwelling-house under the tenancy had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and

(b) under the tenancy for the time being either no rent is payable or the rent is payable at a rate of, if the dwelling-house is in Greater London, £1,000 or less a year, and, if the dwelling-house is elsewhere, £250 or less a year.

(2B) Subsection (7) of section 4 above shall apply to any amount referred to in subsection (2A) above as it applies to the amount referred to in subsection (4) of that section.]

(3) In this Act a tenancy falling within subsection (1) above is referred to as a “tenancy at a low rent”.

(4) In determining whether a long tenancy is a tenancy at a low rent, there shall be disregarded such part (if any) of the sums payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, [F8 council tax,]services, repairs, maintenance, or insurance, unless it could not have been regarded by the parties as a part so payable.

(5) In subsection (4) above “long tenancy” means a tenancy granted for a term certain exceeding 21 years, other than a tenancy which is, or may become, terminable before the end of that term by notice given to the tenant.

Textual Amendments

F5 Words inserted by S.I. 1990/434, reg. 2, Sch. para. 17

F6 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. II para. 75, Sch. 26

F7 S. 5(2A)(2B) inserted by S.I. 1990/434, reg. 2, Sch. para. 18

F8 Words in s. 5(4) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 4

Modifications etc. (not altering text)

C13 S. 5 modified by Housing Act 1980 (c. 51), Sch. 8 para. 1

[F9 5A Certain shared ownership leases. E+W

(1) A tenancy is not a protected tenancy if it is a qualifying shared ownership lease, that is—

(a) a lease granted in pursuance of the right to be granted a shared ownership lease under Part V of the Housing Act 1985, or

(b) a lease granted by a housing association and which complies with the conditions set out in subsection (2) below.

(2) The conditions referred to in subsection (1)(b) above are that the lease—

(a) was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;

(b) was granted at a premium, calculated by reference to the value of the dwelling-house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated;

(c) provides for the tenant to acquire additional shares in the dwellinghouse on terms specified in the lease and complying with such requirements as may be prescribed;

(d) does not restrict the tenant’s powers to assign, mortgage or charge his interest in the dwellinghouse;

(e) if it enables the landlord to require payment for outstanding shares in the dwellinghouse, does so only in such circumstances as may be prescribed;

(f) provides, in the case of a house, for the tenant to acquire the landlord’s interest on terms specified in the lease and complying with such requirements as may be prescribed; and

(g) states the landlord’s opinion that by virtue of this section the lease is excluded from the operation of this Act.

(3) The Secretary of State may by regulations prescribe anything requiring to be prescribed for the purposes of subsection (2) above.

(4) The regulations may—

(a) make different provision for different cases or descriptions of case, including different provision for different areas, and

(b) contain such incidental, supplementary or transitional provisions as the Secretary of State considers appropriate,

and shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In any proceedings the court may, if of opinion that it is just and equitable to do so, treat a lease as a qualifying shared ownership lease notwithstanding that the condition specified in subsection (2)(g) above is not satisfied.

(6) In this section—

“house” has the same meaning as in Part I of the Leasehold Reform Act 1967;

“housing association” has the same meaning as in the Housing Associations Act 1985; and

“lease” includes an agreement for a lease, and references to the grant of a lease shall be construed accordingly.]

Textual Amendments

F9 S. 5A inserted by Housing and Planning Act 1986 (c. 63, SIF 73:3), s. 18, Sch. 4 para. 1(2)

6 Dwelling-houses let with other land. E+W

Subject to section 26 of this Act, a tenancy is not a protected tenancy if the dwelling-house which is subject to the tenancy is let together with land other than the site of the dwelling-house.

7 Payments for board or attendance. E+W

(1) A tenancy is not a protected tenancy if under the tenancy the dwelling-house is bona fide let at a rent which includes payments in respect of board or attendance.

(2) For the purposes of subsection (1) above, a dwelling-house shall not be taken to be bona fide let at a rent which includes payments in respect of attendance unless the amount of rent which is fairly attributable to attendance, having regard to the value of the attendance to the tenant, forms a substantial part of the whole rent.

8 Lettings to students. E+W

(1) A tenancy is not a protected tenancy if it is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution and is so granted either by that institution or by another specified institution or body of persons.

(2) In subsection (1) above “specified” means specified, or of a class specified, for the purposes of this section by regulations made by the Secretary of State by statutory instrument.

(3) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

9 Holiday lettings. E+W

A tenancy is not a protected tenancy if the purpose of the tenancy is to confer on the tenant the right to occupy the dwelling-house for a holiday.

[F10 10 Agricultural holdings etc. E+W

(1) A tenancy is not a protected tenancy if—

(a) the dwelling-house is comprised in an agricultural holding and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding, or

(b) the dwelling-house is comprised in the holding held under a farm business tenancy and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the management of the holding.

(2) In subsection (1) above—

• “agricultural holding” means any agricultural holding within the meaning of the Agricultural Holdings Act 1986 held under a tenancy in relation to which that Act applies, and

• “farm business tenancy”, and “holding” in relation to such a tenancy, have the same meaning as in the Agricultural Tenancies Act 1995.]

Textual Amendments

F10 S. 10 substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 27 (with s. 37)

11 Licensed premises. E+W

A tenancy of a dwelling-house which consists of or comprises premises licensed for the sale of intoxicating liquors for consumption on the premises shall not be a protected tenancy, nor shall such a dwelling-house be the subject of a statutory tenancy.

12 Resident landlords. E+W

(1) Subject to subsection (2) below, a tenancy of a dwelling-house granted on or after 14th August 1974 shall not be a protected tenancy at any time if—

[F11 (a) the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats, and

(b) the tenancy was granted by a person who, at the time when he granted it, occupied as his residence another dwelling-house which—

(i) in the case mentioned in paragraph (a) above, also forms part of the flat; or

(ii) in any other case, also forms part of the building; and

(c) subject to paragraph 1 of Schedule 2 to this Act, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to a person who, at the time he owned that interest, occupied as his residence another dwelling-house which—

(i) in the case mentioned in paragraph (a) above, also formed part of the flat; or

(ii) in any other case, also formed part of the building.]

[F12 (2) This section does not apply to a tenancy of a dwelling-house which forms part of a building if the tenancy is granted to a person who, immediately before it was granted, was a protected or statutory tenant of that dwelling-house or of any other dwelling-house in that building.]

(3) For the purposes of subsection (2) above, a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term.

(4) Schedule 2 to this Act shall have effect for the purpose of supplementing this section.

Textual Amendments

F11 S. 12(1)(a)–(c) substituted by Housing Act 1980 (c. 51, SIF 61), s. 65(1)

F12 S. 12(2) substituted for s. 12(2)(3) with saving by Housing Act 1980 (c. 51, SIF 61), s. 69(4), Sch. 25 Pt. II para. 67

[F13 13 Landlord’s interest belonging to Crown. E+W

(1) Except as provided by subsection (2) below—

(a) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department; and

(b) a person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would at that time belong or be held as mentioned in paragraph (a) above.

(2) An interest belonging to Her Majesty in right of the Crown shall not prevent a tenancy from being a protected tenancy or a person from being a statutory tenant if the interest is under the management of the Crown Estate Commissioners.]

Textual Amendments

F13 S. 13 substituted by Housing Act 1980 (c. 51, SIF 61), s. 73(1)

Modifications etc. (not altering text)

C14 S. 13 modified by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 Pt. III para. 19(2)(b)

14 Landlord’s interest belonging to local authority, etc. E+W

A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to—

(a) the council of a county;

(b) the council of a district or, in the application of this Act to the Isles of Scilly, the Council of the Isles of Scilly;

[F14 (bb) the Broads Authority;]

[F15 (bc) a National Park authority;]

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 the council of a London borough or the Common Council of the City of London;

[F17 (caa) a police authority established under section 3 of the M3 Police Act 1964;]

[F18 (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(cb) a joint authority established by Part IV of the Local Government Act 1985;]

(d) the Commission for the New Towns;

(e) a development corporation established by an order made, or having effect as if made, under the [F20 New Towns Act 1981]; or

(f) the Development Board for Rural Wales; [F21 or]

[F21 (g) an urban development corporation within the meaning of Part XVI of the Local Government Planning and Land Act 1980;]

nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to any of those bodies

[F22 (h) a housing action trust established under Part III of the Housing Act 1988].

[F23 (i) The Residuary Body for Wales (Corff Gweddilliol Cymru);]

Textual Amendments

F14 S. 14(bb) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 18

F15 S. 14(bc) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 18 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F16 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F17 S. 14 (caa) inserted (1.10.1994 for certain purposes and otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 53; S.I. 1994/2025, art. 6(1)(2) (with art. 6(6)); 1994/3262, art. 4, Sch. (with art. 5)

F18 S. 14 (ca)(cb) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 56

F19 S. 14(ca) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F20 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81, Sch. 12 para. 24

F21 Word and s. 14(g) inserted by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:2), s. 155(1)

F22 S. 14(h) added by Housing Act 1988 (c. 50, SIF 61), s. 62(7)

F23 S. 14(i) inserted (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 28 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Modifications etc. (not altering text)

C15 S. 14 extended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 21

C16 S. 14 excluded by Housing Act 1985 (c. 68, SIF 61), s. 382(3)

C17 S. 14 extended (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 7

C18 S. 14(cb) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(p)

C19 S. 14(cb)extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(l)

Marginal Citations

M3 1964 c. 48.

15 Landlord’s interest belonging to housing association, etc. E+W

(1) A tenancy . . . F24 shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing association falling within subsection (3) below; nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to such a housing association.

(2) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to—

(a) the Housing Corporation

[F25 (aa) Housing for Wales]; or

(b) a housing trust which is a charity within the meaning of [F26 the Charities Act 1993];

nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to any of those bodies.

[F27 (3) A housing association falls within this subsection if—

(a) it is registered under the Housing Associations Act 1985, or

(b) it is a co-operative housing association within the meaning of that Act.]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

[F29 (5) In subsection (2) above “housing trust” means a corporation or body of persons which—

(a) is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation; or

(b) is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.]

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

Textual Amendments

F24 Words repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 74, Sch. 9, Sch. 25 Pt. II para. 68, Sch. 26

F25 S. 15(2)(aa) inserted by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(1), Sch. 17 para. 99

F26 Words in s. 15(2)(b) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1) Sch. 6 para. 30

F27 S. 15(3) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(2)

F28 S. 15(4) repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 74, Sch. 9, Sch. 25 Pt. II para. 68, Sch. 26

F29 S. 15(5) substituted by Housing Act 1980 (c. 51, SIF 61), s. 74(2)(3), Sch. 9

F30 S. 15(6) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Modifications etc. (not altering text)

C20 S. 15 excluded by Housing Act 1985 (c. 68, SIF 61), s. 382(3)

16 Landlord’s interest belonging to housing co-operative. E+W

A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing co-operative, [F31 within the meaning of section 27B of the Housing Act 1985 (agreements with housing co-operatives under certain superseded provisions) and the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section].

Textual Amendments

F31 Words substituted by virtue of Housing and Planning Act 1986 (c. 63, SIF 75:3), s. 24(1)(2), Sch. 5 para. 15

Modifications etc. (not altering text)

C21 S. 16 excluded by Housing Act 1985 (c. 68, SIF 61), s. 382(3)

16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32 E+W

Textual Amendments

F32 S. 16A inserted with saving by Housing Act 1980 (c. 51, SIF 61), s. 56(5)–(7) and repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 18, Note 1

E+W

17 Controlled tenancies. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Textual Amendments

F33 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

18 Regulated tenancies. E+W

(1) Subject to sections 24(3) and 143 of this Act, a “regulated tenancy” is, for the purposes of this Act, a protected or statutory tenancy . . . F34

(2) Where a regulated tenancy is followed by a statutory tenancy of the same dwelling-house, the two shall be treated for the purposes of this Act as together constituting one regulated tenancy.

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

Textual Amendments

F34 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F35 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

[F36 18A Modification of Act for controlled tenancies converted into regulated tenancies. E+W

Schedule 17 to this Act applies for the purpose of modifying the provisions of this Act in relation to a tenancy Which, by virtue of any of the following enactments, was converted from a controlled tenancy into a regulated tenancy, that is to say—

(a)

section 18(3) of this Act;

(b)

paragraph 5 of Schedule 2 to the M4 Rent Act 1968 (which was superseded by section 18(3));

(c)

Part VIII of this Act;

(d)

Part 111 of the Housing Finance Act 1972 (which was superseded by Part VIII);

(e)

Part IV of the Act of 1972 (conversion by reference to rateable values);

(f)

section 64 of the Housing Act 1980 (conversion of remaining controlled tenancies into regulated tenancies).]

Textual Amendments

F36 S. 18A inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 35

Marginal Citations

M4 1968 c. 23.

E+W

19—21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37 E+W

Textual Amendments

F37 Ss. 19–21 repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 18, Note 1

Shared accommodation E+W

22 Tenant sharing accommodation with persons other than landlord. E+W

(1) Where a tenant has the exclusive occupation of any accommodation (“the separate accommodation”) and—

(a) the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (“the shared accommodation”) in common with another person or other persons, not being or including the landlord, and

(b) by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a dwelling-house let on or subject to a protected or statutory tenancy,

the separate accommodation shall be deemed to be a dwelling-house let on a protected tenancy or, as the case may be, subject to a statutory tenancy and the following provisions of this section shall have effect.

(2) For the avoidance of doubt it is hereby declared that where, for the purpose of determining the rateable value of the separate accommodation, it is necessary to make an apportionment under this Act, regard is to be had to the circumstances mentioned in subsection (1)(a) above.

(3) While the tenant is in possession of the separate accommodation (whether as a protected or statutory tenant), any term or condition of the contract of tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.

(4) Where the terms and conditions of the contract of tenancy are such that at any time during the tenancy the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied, or their number could be increased, nothing in subsection (3) above shall prevent those terms and conditions from having effect so far as they relate to any such variation or increase.

(5) Without prejudice to the enforcement of any order made under subsection (6) below, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 98(1) of this Act shall apply accordingly.

(6) On the application of the landlord, the county court may make such order either—

(a) terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation, or

(b) modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation, or otherwise,

as the court thinks just.

(7) No order shall be made under subsection (6) above so as to effect any termination or modification of the rights of the tenant which, apart from subsection (3) above, could not be effected by or under the terms of the contract of tenancy.

(8) In this section “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is (or, if the tenancy has ended, was) sufficient, apart from this section, to prevent the tenancy from constituting a protected tenancy of a dwelling-house.

Sublettings E+W

23 Certain sublettings not to exclude any part of sub-lessor’s premises from protection. E+W

(1) Where the tenant of any premises, consisting of a house or part of a house, has sublet a part but not the whole of the premises, then, as against his landlord or any superior landlord, no part of the premises shall be treated as not being a dwelling-house let on or subject to a protected or statutory tenancy by reason only that—

(a) the terms on which any person claiming under the tenant holds any part of the premises include the use of accommodation in common with other persons; or

(b) part of the premises is let to any such person at a rent which includes payments in respect of board or attendance.

(2) Nothing in this section shall affect the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any 2 such persons.

Business premises E+W

24 Premises with a business use. E+W

(1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

(3) A tenancy shall not be a regulated tenancy if it is a tenancy to which Part II of the M5 Landlord and Tenant Act 1954 applies (but this provision is without prejudice to the application of any other provision of this Act to a sub-tenancy of any part of the premises comprised in such a tenancy).

Textual Amendments

F38 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Marginal Citations

M5 1954 c. 56.

Miscellaneous E+W

25 Rateable value and meaning of “appropriate day”. E+W

(1) Except where this Act otherwise provides, the rateable value on any day of a dwelling-house shall be ascertained for the purposes of this Act as follows:—

(a) if the dwelling-house is a hereditament for which a rateable value is then shown in the valuation list, it shall be that rateable value;

(b) if the dwelling-house forms part only of such a hereditament or consists of or forms part of more than one such hereditament, its rateable value shall be taken to be such value as is found by a proper apportionment or aggregation of the rateable value or values so shown.

(2) Any question arising under this section as to the proper apportionment or aggregation of any value or values shall be determined by the county court, and the decision of the county court shall be final.

(3) In this Act “the appropriate day”—

(a) in relation to any dwelling-house which, on 23rd March 1965, was or formed part of a hereditament for which a rateable value was shown in the valuation list then in force, or consisted or formed part of more than one such hereditament, means that date, and

(b) in relation to any other dwelling-house, means the date on which such a value is or was first shown in the valuation list.

(4) Where, after the date which is the appropriate day in relation to any dwelling-house, the valuation list is altered so as to vary the rateable value of the hereditament of which the dwelling-house consists or forms part and the alteration has effect from a date not later than the appropriate day, the rateable value of the dwelling-house on the appropriate day shall be ascertained as if the value shown in the valuation list on the appropriate day had been the value shown in the list as altered.

(5) This section applies in relation to any other land as it applies in relation to a dwelling-house.

Modifications etc. (not altering text)

C22 S. 25(1)(2)(4) applied (with modifications) (1.11.1993) by 1993 c. 28, s. 8(2)(c) (with ss. 94(2), 95); S.I. 1993/2134, arts. 2,5

26 Land and premises let with dwelling-house. E+W

(1) For the purposes of this Act, any land or premises let together with a dwelling-house shall, unless it consists of agricultural land exceeding 2 acres in extent, be treated as part of the dwelling-house.

(2) For the purposes of subsection (1) above “agricultural land” has the meaning set out in section 26(3)(a) of the M6 General Rate Act 1967 (exclusion of agricultural land and premises from liability for rating).

Marginal Citations

M6 1967 c. 9.

Part II E+W Rents Under Controlled Tenancies

Rent limit E+W

27—43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39 E+W

Textual Amendments

F39 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Part III E+W Rents under Regulated Tenancies

Regulation of rent E+W

44 Limit of rent during contractual periods. E+W

(1) Where a rent for a dwelling-house is registered under Part IV of this Act, the rent recoverable for any contractual period of a regulated tenancy of the dwelling-house shall be limited to the rent so registered.

This subsection is subject to the following provisions of this Act: subsection (4) below, [F40 section 71(3)], paragraph 1(3) of Schedule 7, . . . F41 and paragraph 3 of Schedule 20.

(2) Where a limit is imposed by subsection (1) above on the rent recoverable in relation to any contractual period of a regulated tenancy, the amount by which the rent payable under the tenancy exceeds that limit shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.

(3) In this Part of this Act “contractual rent limit” means the limit specified in subsection (1) above.

(4) Schedule 7 to this Act shall have effect for the purpose of providing a special rent limit in relation to certain tenancies which became regulated tenancies by virtue of section 14 of the M7 Counter-Inflation Act 1973.

Textual Amendments

F40 Words substituted (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 1, Sch. 2

F41 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Marginal Citations

M7 1973 c. 9.

45 Limit of rent during statutory periods. E+W

(1) Except as otherwise provided by this Part of this Act, where the rent payable for any statutory period of a regulated tenancy of a dwelling-house would exceed the rent recoverable for the last contractual period thereof, the amount of the excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.

(2) Where a rent for the dwelling-house is registered under Part IV of this Act, the following provisions shall apply with respect to the rent for any statutory period of a regulated tenancy of the dwelling-house:—

(a) if the rent payable for any statutory period would exceed the rent so registered, the amount of the excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant; and

(b) if the rent payable for any statutory period would be less than the rent so registered, it may be increased up to the amount of that rent by a notice of increase served by the landlord on the tenant and specifying the date from which the increase is to take effect.

This subsection is subject to the following provisions of this Act: [F42 section 71(3)], paragraph 1(3) of Schedule 7, . . . F43 . . . F44 and paragraph 3 of Schedule 20.

(3) The date specified in a notice of increase under subsection (2)(b) above shall not be earlier than the date [F45 from which the registration of the rent took effect] nor earlier than 4 weeks before the service of the notice.

(4) Where no rent for the dwelling-house is registered under Part IV of this Act, sections 46 [F46 and 47] of this Act shall have effect with respect to the rent recoverable for any statutory period under a regulated tenancy of the dwelling-house.

Textual Amendments

F42 Words substituted (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 2(a), Sch. 2

F43 Words repealed (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 2(b), Sch. 2

F44 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F45 Words substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 61(4)(8)

F46 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 37

46 Adjustment, with respect to rates, of recoverable rent for statutory periods before registration. E+W

(1) Where—

(a) section 45(4) of this Act applies, and

(b) any rates in respect of the dwelling-house are, or were during the last contractual period, borne by the landlord or a superior landlord,

then, for any statutory period for which the amount of the rates (ascertained in accordance with Schedule 5 to this Act) differs from the amount, so ascertained, of the rates for the last contractual period, the recoverable rent shall be increased or decreased by the amount of the difference.

(2) Where the amount of the recoverable rent is increased by virtue of this section, the increase shall not take effect except in pursuance of a notice of increase served by the landlord on the tenant and specifying the increase and the date from which it is to take effect.

(3) The date specified in a notice of increase under subsection (2) above shall be not earlier than 6 weeks before the service of the notice, and if it is earlier than the service of the notice any rent unpaid shall become due on the day after the service of the notice.

47 Adjustment, with respect to services and furniture, of recoverable rent for statutory periods before registration. E+W

(1) Where section 45(4) of this Act applies and for any statutory period there is with respect to—

(a) the provision of services for the tenant by the landlord or a superior landlord, or

(b) the use of furniture by the tenant,

or any circumstances relating thereto any difference, in comparison with the last contractual period, such as to affect the amount of the rent which it is reasonable to charge, the recoverable rent for the statutory period shall be increased or decreased by an appropriate amount.

(2) Any question whether, or by what amount, the recoverable rent for any period is increased or decreased by virtue of this section shall be determined by agreement in writing between the landlord and the tenant or by the county court; and any such determination—

(a) may be made so as to relate to past statutory periods; and

(b) shall have effect with respect to statutory periods subsequent to the periods to which it relates until revoked or varied by any such agreement as is referred to in this subsection or by the county court.

48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47 E+W

Textual Amendments

F47 S. 48 repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 63, Sch. 25 Pt. II para. 64, Sch. 26

49 Notices of increase. E+W

(1) Any reference in this section to a notice of increase is a reference to a notice of increase under section 45(2), [F48 or 46] of this Act.

(2) A notice of increase must be in the prescribed form.

(3) Notwithstanding that a notice of increase relates to statutory periods, it may be served during a contractual period.

(4) Where a notice of increase is served during a contractual period and the protected tenancy could, by a notice to quit served by the landlord at the same time, be brought to an end before the date specified in the notice of increase, the notice of increase shall operate to convert the protected tenancy into a statutory tenancy as from that date.

(5) If the county court is satisfied that any error or omission in a notice of increase is due to a bona fide mistake on the part of the landlord, the court may by order amend the notice by correcting any errors or supplying any omission therein which, if not corrected or supplied, would render the notice invalid and, if the court so directs, the notice as so amended shall have effect and be deemed to have had effect as a valid notice.

(6) Any amendment of a notice of increase under subsection (5) above may be made on such terms and conditions with respect to arrears of rent or otherwise as appear to the court to be just and reasonable.

(7) No increase of rent which becomes payable by reason of an amendment of a notice of increase under subsection (5) above shall be recoverable in respect of any statutory period which ended more than 6 months before the date of the order making the amendment.

Textual Amendments

F48 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 38

50 Private street works to count as improvements. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

Textual Amendments

F49 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Rent agreements with tenants having security of tenure E+W

51 Protection of tenants with security of tenure. E+W

(1) In this Part of this Act a “rent agreement with a tenant having security of tenure” means—

(a) an agreement increasing the rent payable under a protected tenancy which is a regulated tenancy, or

(b) the grant to the tenant under a regulated tenancy, or to any person who might succeed him as a statutory tenant, of another regulated tenancy of the dwelling-house at a rent exceeding the rent under the previous tenancy.

(2) Where any rates in respect of the dwelling-house are borne by the landlord or a superior landlord, any increase or rent shall be disregarded for the purposes of the definition in subsection (1) above if the increase is no more than one corresponding to an increase in the rates borne by the landlord or a superior landlord in respect of the dwelling-house.

(3) If—

(a) a rent agreement with a tenant having security of tenure takes effect on or after the commencement of this Act, and was made at a time when no rent was registered for the dwelling-house under Part IV of this Act, . . . F50

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

the requirements of subsection (4) below shall be observed as respects the agreement.

(4) The requirements are that—

(a) the agreement is in writing signed by the landlord and the tenant, and

(b) the document containing the agreement contains a statement, in characters not less conspicuous than those used in any other part of the agreement—

(i) that the tenant’s security of tenure under this Act will not be affected if he refuses to enter into the agreement, and

(ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

(ii) that entry into the agreement will not deprive the tenant or landlord of the right to apply at any time to the rent officer for the registration of a fair rent under Part IV of this Act,

or words to that effect, and

(c) the statement mentioned in paragraph (b) above is set out at the head of the document containing the agreement.

Textual Amendments

F50 Word “and” and s. 51(3)(b) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F51 S. 51(4)(b)(ia) was inserted by Housing Act 1980 (c. 51, SIF 61), s. 68(1) and repealed (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 3, Sch. 2

[F52 52 Protection: special provisions following conversion. E+W

(1) This section applies to an agreement with a tenant having security of tenure which is entered into after the commencement of provisions following section 68(2) of the M8 Housing Act 1980 if the tenancy has become or, conversion. as the case may be, the previous tenancy became a regulated tenancy by conversion.

(2) Any such agreement which purports to increase the rent payable under a protected tenancy shall, if entered into at a time when no rent is registered for the dwelling-house under Part IV of this Act, be void.

(3) If any such agreement constitutes a grant of a regulated tenancy and is made at a time when no rent is so registered, any excess of the rent payable under the tenancy so granted (for any contractual or statutory period of the tenancy) over the rent limit applicable to the previous tenancy, shall be irrecoverable from the tenant; but this subsection ceases to apply if a rent is subsequently so registered.

(4) For the purposes of this section a tenancy is a regulated tenancy by conversion if it has become a regulated tenancy by virtue of—

(a) Part VIII of this Act, section 43 of the M9 Housing Act 1969 or Part 111 or IV of the M10 Housing Finance Act 1972) (conversion of controlled tenancies into regulated tenancies); or

(b) section 18(3) of this Act or paragraph 5 of Schedule 2 to the M11 Rent Act 1968 (conversion on death of first successor); or

(c) section 64 of the Housing Act 1980 (conversion of all remaining controlled tenancies).

(5) This section does not apply to any agreement where the tenant is neither the person who, at the time of the conversion, was the tenant nor a person who might succeed the tenant at that time as a statutory tenant.

(6) Where a rent is registered for the dwelling-house and the registration is subsequently cancelled, this section shall not apply to the agreement submitted to the rent officer in connection with the cancellation nor to any agreement made so as to take effect after the cancellation.]

Textual Amendments

F52 S. 52 substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 68(2), Sch. 25 Pt.II para. 65

Marginal Citations

M8 1980 c. 51.

M9 1969 c. 33

M10 1972 c. 47

M11 1968 c. 23.

53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53 E+W

Textual Amendments

F53 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

54 Failure to comply with provisions for protection of tenants. E+W

(1) If, in the case of a variation of the terms of a regulated tenancy, there is a failure to observe any of the requirements of section 51, . . . F54 of this Act, any excess of the rent payable under the terms as varied over the terms without the variation shall be irrecoverable from the tenant.

(2) If, in the case of the grant of a tenancy, there is a failure to observe any of those requirements, any excess of the rent payable under the tenancy so granted (for any contractual or any statutory period of the tenancy) over the previous limit shall be irrecoverable from the tenant.

(3) In subsection (2) above the “previous limit” shall be taken to be the amount which (taking account of any previous operation of this section or of section 46 of the M12 Housing Finance Act 1972, which is superseded by this section) was recoverable by way of rent for the last rental period of the previous tenancy of the dwelling-house, or which would have been so recoverable if all notices of increase authorised by this Act, the M13 Rent Act 1968 and section 37(3) of the Act of 1972 had been served.

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

Textual Amendments

F54 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F55 S. 54(4)(5) repealed with saving by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. II para. 66, Sch. 26

Marginal Citations

M12 1972 c. 47.

M13 1968 c. 23.

E+W

55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56 E+W

Textual Amendments

F56 S. 55 repealed (with saving) by S.I. 1987/264, arts. 2(1)(a), 3, Sch. 2

56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57 E+W

Textual Amendments

F57 Ss. 56, 114, Sch. 9 repealed by Housing Act 1980 (c. 51, SIF 61), s. 60(4), Sch. 26

Enforcement provisions E+W

57 Recovery from landlord of sums paid in excess of recoverable rent, etc. E+W

(1) Where a tenant has paid on account of rent any amount which, by virtue of this Part of this Act, is irrecoverable by the landlord, the tenant who paid it shall be entitled to recover that amount from the landlord who received it or his personal representatives.

(2) Any amount which a tenant is entitled to recover under subsection (1) above may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord.

[F58 (3) No amount which a tenant is entitled to recover under subsection (1) above shall be recoverable at any time after the expiry of —

(a) one year, in the case of an amount which is irrecoverable by virtue of section 54 of this Act; or

(b) two years, in any other case.]

(4) Any person who, in any rent book or similar document, makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this Part of this Act shall be liable to a fine not exceeding [F59 level 3 on the standard scale], unless he proves that, at the time of the making of the entry, the landlord had a bona fide claim that the sum was recoverable.

(5) If, where any such entry has been made by or on behalf of any landlord, the landlord on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within 7 days, the landlord shall be liable to a fine not exceeding [F59 level 3 on the standard scale], unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable.

Textual Amendments

F58 S.57(3) substituted by Housing Act 1980 (c. 51, SIF 61), s. 68(3)

F59 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

58 Rectification of rent books in light of determination of recoverable rent. E+W

Where, in any proceedings, the recoverable rent of a dwelling-house subject to a regulated tenancy is determined by a court, then, on the application of the tenant (whether in those or in any subsequent proceedings), the court may call for the production of the rent book or any similar document relating to the dwelling-house and may direct the registrar or clerk of the court to correct any entries showing, or purporting to show, the tenant as being in arrears in respect of any sum which the court has determined to be irrecoverable.

General provisions E+W

59 Adjustment for differences in lengths of rental periods. E+W

In ascertaining for the purposes of this Part of this Act whether there is any difference with respect to rents or rates between one rental period and another (whether of the same tenancy or not) or the amount of any such difference, any necessary adjustment shall be made to take account of periods of different lengths; and for the purposes of such an adjustment a period of one month shall be treated as equivalent to one-twelth of a year and a period of a week as equivalent to one-fifty-second of a year.

60 Regulations. E+W

(1) The Secretary of State may make regulations—

(a) prescribing the form of any notice or other document to be given or used in pursuance of this Part of this Act; and

(b) prescribing anything required or authorised to be prescribed by this Part of this Act.

(2) Any such regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

61 Interpretation of Part III. E+W

(1) In this Part of this Act, except where the context otherwise requires—

• “contractual period” means a rental period of a regulated tenancy which is a period beginning before the expiry or termination of the protected tenancy;

• “contractual rent limit” has the meaning assigned to it by section 44(3) of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

• “prescribed” means prescribed by regulations under section 60 of this Act and references to a prescribed form include references to a form substantially to the same effect as the prescribed form;

• “recoverable rent” means rent which, under a regulated tenancy, is or was for the time being recoverable, having regard to the provisions of this Part of this Act;

• “rent agreement with a tenant having security of tenure” has the meaning assigned to it by section 51 of this Act;

• “statutory period” means any rental period of a regulated tenancy which is not a contractual period.

(2) References in this Part of this Act to rates, in respect of a dwelling-house, include references to such proportion of any rates in respect of a hereditament of which the dwelling-house forms part as may be agreed in writing between the landlord and the tenant or determined by the county court.

Textual Amendments

F60 Definition repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Part IV E+W Registration of Rents Under Regulated Tenancies

62 Registration areas. E+W

(1) [F61 Except so far as different provision is made by an order under section 17 of the Local Government Act 1992,] the registration areas for the purpose of this Part of this Act [F62 are—

(a) counties [F63 and county boroughs];

(b) London boroughs; and

(c) the City of London.]

(2) For the purposes of this Part of this Act—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64 the City of London shall be deemed to include the Inner Temple and the Middle Temple, and

(b) the Isles of Scilly shall be a registration area and the Council of the Isles of Scilly shall be the local authority for that registration area.

Textual Amendments

F61 Words in s. 62(1) inserted (13.10.1995) by S.I. 1995/2451, reg. 3

F62 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 13(1)

F63 Words in s. 62(a) inserted (1.10.1995) by 1994 c. 19, s. 22(2), Sch. 8 para. 3(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 4(1), Sch. 2

F64 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 13(2)

63 Schemes for appointment of rent officers. E+W

(1) The Secretary of State shall for every registration area make, after consultation with the local authority, a scheme providing for the appointment by the proper officer of the local authority—

(a) of such number of rent officers for the area as may be determined by or in accordance with the scheme, . . . F65

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

(2) A scheme under this section—

(a) shall provide for the payment by the local authority to rent officers . . . F66 of remuneration and allowances in accordance with scales approved by the Secretary of State with the consent of the Treasury;

(b) shall prohibit the dismissal of a rent officer . . . F67 except by the proper officer of the local authority on the direction, or with the consent, of the Secretary of State;

(c) shall require the local authority to provide for the rent officers office accommodation and clerical and other assistance;

(d) shall allocate, or confer on the proper officer of the local authority the duty of allocating, work as between the rent officers and shall confer on the proper officer the duty of supervising the conduct of rent officers . . . F68 ; . . . F69

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

[F71 (2A) A scheme under this section may make all or any of the following provisions—

(a) provision requiring the consent of the Secretary of State to the appointment of rent officers;

(b) provision with respect to the appointment of rent officers for fixed periods;

(c) provision for the proper officer of the local authority, in such circumstances and subject to such conditions (as to consent or otherwise) as may be specified in the scheme,—

(i) to designate a person appointed or to be appointed a rent officer as chief rent officer and to designate one or more such persons as senior rent officers;

(ii) to delegate to a person so designated as chief rent officer such functions as may be specified in the scheme; and

(iii) to revoke a designation under sub-paragraph (i) above and to revoke or vary a delegation under sub-paragraph (ii) above;

(d) provision with respect to the delegation of functions by a chief rent officer to other rent officers (whether designated as senior rent officers or not);

(e) provision as to the circumstances in which and the terms on which a rent officer appointed by the scheme may undertake functions outside the area to which the scheme relates in accordance with paragraph (f) below;

(f) provision under which a rent officer appointed for an area other than that to which the scheme relates may undertake functions in the area to which the scheme relates and for such a rent officer to be treated for such purposes as may be specified in the scheme (which may include the purposes of paragraphs (c) and (d) above and paragraphs (c) and (d) of subsection (2) above) as if he were a rent officer appointed under the scheme; and

(g) provision conferring functions on the proper officer of a local authority with respect to the matters referred to in paragraphs (d) to (f) above.]

(3) For the purposes of any local Act scheme, within the meaning of section 8 of the M14 Superannuation Act 1972, rent officers . . . F72 appointed in pursuance of a scheme under this section shall be deemed to be officers in the employment of the local authority for whose area the scheme is made; and for the purposes of—

(a) Part III of the [F73 Pension Schemes Act 1993], and

(b) the M15 Social Security Act 1975,

they shall be deemed to be in that employment under a contract of service.

(4) References in this Part of this Act to the rent officer are references to any rent officer appointed for any area who is authorised to act in accordance with a scheme under this section.

(5) A scheme under this section may be varied or revoked by a subsequent scheme made thereunder.

(6) The Secretary of State shall, in respect of each financial year, make to any local authority incurring expenditure which is of a kind mentioned in subsection (7) below, a grant equal to that expenditure.

(7) The expenditure mentioned in subsection (6) above is any expenditure—

(a) attributable to this section [F74 or an order under section 121 of the Housing Act 1988], or

(b) incurred in respect of pensions, allowances or gratuities payable to or in respect of rent officers . . . F75 (appointed in pursuance of a scheme under this section) by virtue of regulations under section 7 [F76 or section 24] of the M16 Superannuation Act 1972 [F77 or]

[F78 (c) incurred in respect of increases of pensions payable to or in respect of rent officers (so appointed) by virtue of the Pensions (Increase) Act 1971].

(8) Any expenditure incurred by the Secretary of State by virtue of subsection (6) above shall be paid out of money provided by Parliament.

[F79 (9) In the case of a registration area in respect of which there is more than one local authority, this section shall apply as if—

(a) the first reference to “the local authority” in subsection (1) were a reference to each of those local authorities which is—

(i) the county council for a county in England; or

(ii) the council for a district in England which is not in a county having a county council; and

(b) the second reference to “the local authority” in that subsection, the references to “the local authority” in subsections (2) and (2A)(c), the reference to “a local authority” in subsection (2A)(g) and the reference to “the local authority for whose area the scheme is made” in subsection (3) were references to such one of those authorities as has been designated by the scheme]

Textual Amendments

F65 S. 63(1)(b) and the word “and” immediately preceding it repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 1, Sch. 18

F66 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(a), Sch. 18

F67 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(b), Sch. 18

F68 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(c), Sch. 18

F69 Word “and” was inserted by Housing Act 1980 (c. 51, SIf 61), s. 59(1) and repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(c), Sch. 18

F70 S. 63(2)(e) was inserted by Housing Act 1980 (c. 51, SIF 61), s. 59(1) and repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(d), Sch. 18

F71 S. 63(2A) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 119, Sch. 14 para. 3

F72 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 119, 140(2), Sch. 14 para. 4, Sch. 18

F73 In s. 63(3) the words "Pension Schemes Act 1993" substituted (7.2.1994) for the words "Social Security Pensions Act 1975" (expressed as s. 653(3) in the amending Act) by 1993 c. 48, s. 190, Sch. 8 para. 10 (with ss. 6(8), 164); S.I. 1994/86, art. 2

F74 Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 121(3)

F75 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

F76 Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 120, Sch. 14 para. 5(a)

F77 Word substituted by Housing Act 1988 (c. 50, SIF 75:1), s. 120, Sch. 14 para. 5(a)

F78 S. 63(7)(c) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 119, Sch. 14 para. 5(b)

F79 S. 63(9) substituted (13.10.1995) by S.I. 1995/2451, reg. 4

Modifications etc. (not altering text)

C23 S. 63(1) modified (13.10.1995) by S.I. 1995/2451, reg. 8(1)-(3)

Marginal Citations

M14 1972 c. 11.

M15 1975 c. 14.

M16 1972 c. 11.

64 Default powers of Secretary of State. E+W

(1) If the Secretary of State is of opinion that a local authority have failed to carry out any function conferred on them by a scheme under section 63 of this Act he may, after such enquiry as he thinks fit, by order revoke the scheme and, without consulting the local authority, make another scheme under that section.

(2) A scheme made by virtue of subsection (1) above may confer functions otherwise exercisable by the local authority or the proper officer of the local authority on a person appointed by the Secretary of State and that person may, if another local authority consent, be that other local authority or, as the case may be, the proper officer of that other local authority.

(3) If the Secretary of State is of opinion that the proper officer of the local authority has failed to carry out any functions conferred on the proper officer by a scheme under section 63 he may (after consultation with the local authority) exercise his power under subsection (5) of that section by making a scheme providing for all or any of the functions otherwise exercisable by the proper officer to be exercised by some other person.

(4) A scheme made by virtue of this section may contain such incidental and transitional provisions as appear to the Secretary of State to be necessary or expedient.

[F80 Amalgamation schemes E+W

Textual Amendments

F80 Ss. 64A, 64B inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 120, Sch. 14 Pt. II

64A

(1) If the Secretary of State is of the opinion—

(a) that there is at any time insufficient work in two or more registration areas to justify the existence of a separate service of rent officers for each area, or

(b) that it would at any time be beneficial for the efficient administration of the service provided by rent officers in two or more registration areas,

he may, after consultation with the local authorities concerned, make a scheme under section 63 above designating as an amalgamated registration area the areas of those authorities and making provision accordingly for that amalgamated area.

(2) Any reference in the following provisions of this Chapter to a registration area includes a reference to an amalgamated registration area and, in relation to such an area, “the constituent authorities” means the local authorities whose areas make up the amalgamated area.

(3) A scheme under section 63 above made for an amalgamated registration area—

(a) shall confer on the proper officer of one of the constituent authorities all or any of the functions which, in accordance with section 63 above, fall to be exercisable by the proper officer of the local authority for the registration area;

(b) may provide that any rent officer previously appointed for the area of any one of the constituent authorities shall be treated for such purposes as may be specified in the scheme as a rent officer appointed for the amalgamated registration area; and

(c) shall make such provision as appears to the Secretary of State to be appropriate for the payment by one or more of the constituent authorities of the remunerations, allowances and other expenditure which under section 63 above is to be paid by the local authority for the area.

(4) A scheme under section 63 above made for an amalgamated registration area may contain such incidental, transitional and supplementary provisions as appear to the Secretary of State to be necessary or expedient.]

New basis for administration of rent officer service E+W

64B

(1) If, with respect to registration areas generally or any particular registration area or areas, it appears to the Secretary of State that it is no longer appropriate for the appointment, remuneration and administration of rent officers to be a function of local authorities, he may by order—

(a) provide that no scheme under section 63 above shall be made for the area or areas specified in the order; and

(b) make, with respect to the area or areas so specified, such provision as appears to him to be appropriate with respect to the appointment, remuneration and administration of rent officers and the payment of pensions, allowances or gratuities to or in respect of them.

(2) An order under this section shall make provision for any expenditure attributable to the provisions of the order to be met by the Secretary of State in such manner as may be specified in the order (whether by way of grant, reimbursement or otherwise); and any expenditure incurred by the Secretary of State by virtue of this subsection shall be paid out of money provided by Parliament.

(3) An order under this section—

(a) may contain such incidental, transitional and supplementary provisions as appear to the Secretary of State to be appropriate, including provisions amending this Part of this Act; and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

65 Rent assessment committees. E+W

Rent assessment committees shall be constituted in accordance with Schedule 10 to this Act.

66 Register of rents. E+W

(1) The rent officer for any area shall prepare and keep up to date a register for the purposes of this Part of this Act and shall make the register available for inspection in such place or places and in such manner as may be provided by the scheme made for the area under section 63 of this Act.

(2) The register shall contain, in addition to the rent payable under a regulated tenancy of a dwelling-house—

(a) the prescribed particulars with regard to the tenancy; and

(b) a specification of the dwelling-house.

(3) A copy of an entry in the register certified under the hand of the rent officer or any person duly authorised by him shall be receivable in evidence in any court and in any proceedings.

(4) A person requiring such a certified copy shall be entitled to obtain it on payment of the prescribed fee.

67 Application for registration of rent. E+W

(1) An application for the registration of a rent for a dwelling-house may be made to the rent officer by the landlord or the tenant, or jointly by the landlord and the tenant, under a regulated tenancy of the dwelling-house.

[F81 (2) Any such application must be in the prescribed form and must—

(a) specify the rent which it is sought to register;

(b) where the rent includes any sum payable by the tenant to the landlord for services and the aplication is made by the landlord, specify that sum and be accompanied by details of the expenditure incurred by the landlord in providing those services; and

(c) contain such other particulars as may be prescribed.]

(3) Subject to subsection (4) below [F82 and sections 67A and 70A of this Act], where a rent for a dwelling-house has been registered under this Part of this Act, no application by the tenant alone or by the landlord alone for the registration of a different rent for that dwelling-house shall be entertained before the expiry of [F83 2 years] from the relevant date (as defined in subsection (5) below) except on the ground that, since that date, there has been such a change in—

(a) the condition of the dwelling-house (including the making of any improvement therein),

(b) the terms of the tenancy,

(c) the quantity, quality or condition of any furniture provided for use under the tenancy (deterioration by fair wear and tear excluded), or

(d) any other circumstances taken into consideration when the rent was registered or confirmed,

as to make the registered rent no longer a fair rent.

[F84 (3A) If the dwelling-house forms part of a hereditament in respect of which the landlord or a superior landlord is, or was on the relevant date, liable under Part I of the Local Government Finance Act 1992 to pay council tax, then, in determining for the purposes of subsection (3) above whether since the relevant date there has been such a change falling within paragraph (d) of that subsection as to make the registered rent no longer a fair 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.

(3B) In subsection (3A) 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 (3A) and in Part I of that Act have the same meaning in that subsection as in that Part.]

(4) Notwithstanding anything in subsection (3) above, an application such as is mentioned in that subsection which is made by the landlord alone and is so made within the last 3 months of the period of [F83 2 years] referred to in that subsection may be entertained notwithstanding that that period has not expired.

[F85 (5) In this section F86 ... “relevant date”, in relation to a rent which has been registered under this Part of this Act, means the date from which the registration took effect or, in the case of a registered rent which has been confirmed, the date from which the confirmation (or, where there have been two or more successive confirmations, the last of them) took effect [F87 but for the purposes of this subsection any registration or confirmation by virtue of section 70A of this Act shall be disregarded.]]

F88 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F86 ... The provisions of Part I of Schedule 11 to this Act [F89 as modified by the Regulated Tenancies (Procedure) Regulations 1980] [F90 and by the Rent Assessment Committees (England and Wales) (Amendment) Regulations 1981] shall have effect with respect to the procedure to be followed on applications for the registration of rents.

Textual Amendments

F81 S. 67(2) substituted by Housing Act 1980 (c. 51, SIF 61), s. 59(2)

F82 Words in s. 67(3) inserted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para. 2(a)

F83 Words “2 years” substituted (with saving) for “3 years” by Housing Act 1980 (c. 51, SIF 61), s. 60(1)(2) (Editorial note: the amending section 60 was subsequently repealed without saving by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18)

F84 S. 67(3A)(3B) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 5

F85 S. 67(5) substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 61(5)(8)

F86 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

F87 Words at the end of s. 67(5) added (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para. 2(b)

F88 S. 67(6) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F89 Words inserted by S.I.1980/1696, reg. 2 as respects applications for the registration of a rent made after coming into operation of regulations on 28.11.1980

F90 Words inserted by S.I. 1981/1783, reg. 2(2)

[F91 67A Application before 1st April 1994 for interim increase of rent in certain cases where landlord liable for council tax E+W

(1) Subject to subsection (4) below, an application under this section for the registration under section 70A of this Act of an increased rent for a dwelling-house may be made by the landlord or the tenant, or jointly by the landlord and the tenant, under a regulated tenancy of the dwelling-house in any case where—

(a) under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a dwelling (within the meaning of that Part of that Act) which includes the dwelling-house,

(b) under the terms of the tenancy (or an agreement collateral to the tenancy) the tenant is liable to make payments to the landlord in respect of council tax,

(c) the case falls within subsection (2) or subsection (3) below, and

(d) no previous application has been made under this section in relation to the dwelling-house.

(2) The case falls within this subsection if—

(a) a rent has been registered under this Part of this Act before 1st April 1993,

(b) the period of two years from the relevant date has not yet expired, and

(c) since the relevant date there has been no such change in circumstances of a kind mentioned in paragraphs (a) to (d) of section 67(3) of this Act (other than circumstances relating to council tax) as to make the registered rent no longer a fair rent.

(3) The case falls within this subsection if an application under section 67 of this Act has been made before 1st April 1993 but has not been disposed of before that date.

(4) No application may be made under this section after 31st March 1994.

(5) Any such application must be in the prescribed form and must—

(a) specify the rent which it is sought to register to take into account the tenant’s liability to make payments to the landlord in respect of council tax; and

(b) contain such other particulars as may be prescribed.

(6) The provisions of Part I of Schedule 11 to this Act (as modified by the Regulated Tenancies (Procedure) Regulations 1980 and by the Rent Assessment Committees (England and Wales) (Amendment) Regulations 1981) shall have effect with respect to the procedure to be followed on applications for the registration of rents.

(7) In this section “relevant date”, in relation to a rent which has been registered under this Part of this Act, has the same meaning as in section 67 of this Act.]

Textual Amendments

F91 S. 67A inserted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para.3

68, 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92 E+W

Textual Amendments

F92 Ss. 68, 69 repealed (with saving) by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 17 para. 22, Sch. 18

70 Determination of fair rent. E+W

(1) In determining, for the purposes of this Part of this Act, what rent is or would be a fair rent under a regulated tenancy of a dwelling-house, regard shall be had to all the circumstances (other than personal circumstances) and in particular to—

(a) the age, character, locality and state of repair of the dwelling-house, . . . F93

(b) if any furniture is provided for use under the tenancy, the quantity, quality and condition of the furniture [F94 , and]

[F94 (c) any premium, or sum in the nature of a premium, which has been or may be lawfully required or received on the grant, renewal, continuance or assignment of the tenancy.]

(2) For the purposes of the determination it shall be assumed that the number of persons seeking to become tenants of similar dwelling-houses in the locality on the terms (other than those relating to rent) of the regulated tenancy is not substantially greater than the number of such dwelling-houses in the locality which are available for letting on such terms.

(3) There shall be disregarded—

(a) any disrepair or other defect attributable to a failure by the tenant under the regulated tenancy or any predecessor in title of his to comply with any terms thereof;

(b) any improvement carried out, otherwise than in pursuance of the terms of the tenancy, by the tenant under the regulated tenancy or any predecessor in title of his;

(c)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

(e) if any furniture is provided for use under the regulated tenancy, any improvement to the furniture by the tenant under the regulated tenancy or any predecessor in title of his or, as the case may be, any deterioration in the condition of the furniture due to any ill-treatment by the tenant, any person residing or lodging with him, or any sub-tenant of his.

[F96 (3A) In any case where under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a hereditament (“the relevant hereditament”) of which the dwelling-house forms part, regard shall also be had to the amount of council tax which, as at the date on which the application to the rent officer was made, was set by the billing authority—

(a) for the financial year in which that application was made, and

(b) for the category of dwellings within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of council tax payable shall be disregarded.

(3B) In subsection (3A) above—

(a) “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,

(b) “billing authority” has the same meaning as in that Part of that Act, and

(c) “category of dwellings” has the same meaning as in section 30(1) and (2) of that Act.]

(4) In this section “improvement” includes the replacement of any fixture or fitting.

[F97 (4A) In this section “premium” has the same meaning as in Part IX of this Act, and “sum in the nature of a premium” means—

(a) any such loan as is mentioned in section 119 or 120 of this Act,

(b) any such excess over the reasonable price of furniture as is mentioned in section 123 of this Act, and

(c) any such advance payment of rent as is mentioned in section 126 of this Act.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98

Textual Amendments

F93 Word repealed by Housing and Planning Act 1986 (c. 63, SIF 61, 75:3, 81:1, 123:1), ss. 17(2), 24(3), Sch. 12 Pt. I

F94 “, and” and s. 70(1)(c) inserted by Housing and Planning Act 1986 (c. 63, SIF 75:3), s. 17(2)(4)

F95 S. 70(3)(c)(d) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F96 S. 70(3A)(3B) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 6

F97 S. 70(4A) inserted by Housing and Planning Act 1986 (c. 63, SIF 75:3), s. 17(3)(4)

F98 S. 70(5) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

[F99 70A Interim determination of fair rent on application under section 67A E+W

(1) Where an application is made under section 67A of this Act—

(a) the rent officer shall determine the amount by which, having regard to the provisions of section 70(3A) of this Act, the existing registered rent might reasonably be increased to take account of the tenant’s liability to make payments to the landlord in respect of council tax; and

(b) the amount to be registered as the rent of the dwelling-house shall be the existing registered rent plus the amount referred to in paragraph (a) above.

(2) Where in a case falling within section 67A(3) of this Act a rent officer has before him at the same time an application under section 67 and an application under section 67A of this Act and the rent officer proposes to entertain the two applications together, the rent officer shall make a determination in relation to the application under section 67 before making his determination in relation to the application under section 67A; and the reference in subsection (1)(a) above to the existing registered rent shall have effect as a reference to the rent determined on the application under section 67.]

Textual Amendments

F99 S. 70A inserted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para.4

71 Amount to be registered as rent. E+W

(1) The amount to be registered as the rent of any dwelling-house shall include any sums payable by the tenant to the landlord [F100 in respect of council tax or]for the use of furniture or for services, whether or not those sums are separate from the sums payable for the occupation of the dwelling-house or are payable under separate agreements.

(2) Where any rates in respect of a dwelling-house are borne by the landlord or a superior landlord, the amount to be registered under this Part of this Act as the rent of the dwelling-house shall be the same as if the rates were not so borne; but the fact that they are so borne shall be noted on the register.

(3) Where subsection (2) above applies, the amount of the rates for any rental period, ascertained in accordance with Schedule 5 to this Act—

(a) shall, subject to paragraphs 1(4) and 4(3) of Schedule 9 to this Act, be added to the limit imposed by section 44(1) of this Act . . . F101 ; and

(b) if the rental period is a statutory period, as defined in section 61 of this Act, shall be recoverable, without service of any notice of increase, in addition to the sums recoverable from the tenant apart from this subsection.

(4) Where, under a regulated tenancy, the sums payable by the tenant to the landlord include any sums varying according to the cost from time to time of—

(a) any services provided by the landlord or a superior landlord, or

(b) any works of maintenance or repair carried out by the landlord or a superior landlord,

the amount to be registered under this Part of this Act as rent may, if the rent officer is satisfied or, as the case may be, the rent assessment committee are satisfied, that the terms as to the variation are reasonable, be entered as an amount variable in accordance with those terms.

Textual Amendments

F100 Words in s. 71(1) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 7

F101 Words repealed by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 4, Sch. 2

[F102 72 Effect of registration of rent. E+W

(1) The registration of a rent for a dwelling-house takes effect—

(a) if the rent is determined by the rent officer, from the date when it is registered, and

(b) if the rent is determined by a rent assessment committee, from the date when the committee make their decision.

(2) If the rent for the time being registered is confirmed, the confirmation takes effect—

(a) if it is made by the rent officer, from the date when it is noted in the register, and

(b) if it is made by a rent assessment committee, from the date when the committee make their decision.

(3) If (by virtue of section 67(4) of this Act) an application for registration of a rent is made before the expiry of the period mentioned in section 67(3) and the resulting registration of a rent for the dwelling-house, or confirmation of the rent for the time being registered, would, but for this subsection, take effect before the expiry of that period it shall take effect on the expiry of that period.

(4) The date from which the registration or confirmation of a rent takes effect shall be entered in the register.

(5) As from the date on which the registration of a rent takes effect any previous registration of a rent for the dwelling-house ceases to have effect.

(6) Where a valid notice of increase under any provision of Part Ill of this Act has been served on a tenant and, in consequence of the registration of a rent, part but not the whole of the increase specified in the notice becomes irrecoverable from the tenant, the registration shall not invalidate the notice, but the notice shall, as from the date from which the registration takes effect, have effect as if it specified such part only of the increase as has not become irrecoverable.]

Textual Amendments

F102 S. 72 substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 61(1)(8)

[F103 72A Amounts attributable to services. E+W

In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992, where a rent is registered, there shall be noted on the register the amount (if any) of the registered rent which, in the opinion of the rent officer or rent assessment committee, is fairly attributable to the provision of services, except any amount which is negligible in the opinion of the officer or, as the case may be, the committee.]

Textual Amendments

F103 S. 72A inserted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para.47

73 Cancellation of registration of rent. E+W

(1) An application may be made in accordance with this section for the cancellation of the registration of a rent for a dwelling-house where—

(a) a rent agreement as respects the dwelling-house takes effect, or is to take effect, after the expiration of a period of [F104 3 years] beginning with the relevant date (as defined in section 67(5) of this Act), and

(b) the period for which the tenancy has effect cannot end, or be brought to an end by the landlord (except for non-payment of rent or a breach of the terms of the tenancy), earlier than 12 months after the date of the application, and

(c) the application is made jointly by the landlord and the tenant under the agreement.

[F105 (1A) Such an application may also be made where—

(a) not less than two years have elapsed since the relevant date (as defined in section 67(5) of this Act); and

(b) the dwelling-house is not for the time being subject to a regulated tenancy; and

(c) the application is made by the person who would be the landlord if the dwelling-house were let on such a tenancy.]

(2) The rent agreement may be one providing that the agreement does not take effect unless the application for cancellation of registration is granted.

[F106 (3) An application under this section must—

(a) be in the form prescribed for the application concerned and contain the prescribed particulars; and

(b) be accompanied, in the case of an application under subsection (1) above, by a copy of the rent agreement.]

(4) If [F107 the application is made under subsection (1) above and] the rent officer is satisfied that the rent, or the highest rent, payable under the rent agreement does not exceed a fair rent for the dwelling-house, he shall cancel the registration [F108 and he shall also cancel the registration if the application is made under subsection (1A) above].

(5) Where [F109 the application is made under subsection (1) above and] under the terms of the rent agreement the sums payable by the tenant to the landlord include any sums varying according to the cost from time to time of any services provided by the landlord or a superior landlord, or of any works of maintenance or repair carried out by the landlord or a superior landlord, the rent officer shall not cancel the registration unless he is satisfied that those terms are reasonable.

(6) [F110 A cancellation made in pursuance of an application under subsection (1) above] shall not take effect until the date when the agreement takes effect; and if the cancellation is registered before that date, the date on which it is to take effect shall be noted on the register.

(7) The cancellation of the registration shall be without prejudice to a further registration of a rent at any time after cancellation.

(8) The rent officer shall notify the applicants of his decision to grant, or to refuse, any application under this section.

(9) In this section “rent agreement” means—

(a) an agreement increasing the rent payable under a protected tenancy which is a regulated tenancy, or

(b) where a regulated tenancy is terminated, and a new regulated tenancy is granted at a rent exceeding the rent under the previous tenancy, the grant of the new tenancy.

Textual Amendments

F104 Words “2 years” were substituted for the words “3 years” except in any case where, on the determination or confirmation of a rent by the rent officer, the rent determined by him is registered, or his confirmation is noted in the register, before 28.11.1980 by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 40

F105 S. 73(1A) inserted by Housing Act 1980 (c. 51, SIF 61), s. 62(2)

F106 S. 73(3) substituted by Housing Act 1980 (c. 51, SIF 61), s. 62(3)

F107 Words inserted by Housing Act 1980 (c. 51, SIF 61), s. 62(4)(a)

F108 Words inserted by Housing Act 1980 (c. 51, SIF 61), s. 62(4)(b)

F109 Words inserted by Housing Act 1980 (c. 51, SIF 61), s. 62(5)

F110 Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 62(6)

74 Regulations. E+W

(1) The Secretary of State may make regulations—

(a) prescribing the form of any notice, application, register or other document to be given, made or used in pursuance of this Part of this Act;

(b) regulating the procedure to be followed

[F111 (i) by rent officers under this Act; and

(ii) by rent assessment committees whether under this Act or otherwise; and]

(c) prescribing anything required or authorised to be prescribed by this Part of this Act.

(2) Regulations under subsection (1)(b) above may contain provisions modifying the following provisions of this Act:—

(a) Section 67, . . . F112 or 72;

(b) Part I . . . F112 of Schedule 11;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

but no regulations containing such provisions shall have effect unless approved by a resolution of each House of Parliament.

(3) Regulations made under this section shall be made by statutory instrument which, except in a case falling within subsection (2) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F111 Words in s. 74(1)(b) substituted (2.9.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 7; S.I. 1993/2134, arts. 2, 3

F112 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

F113 S. 74(2)(c) repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

Modifications etc. (not altering text)

C24 S. 74(1)(b) extended (2.9.1993) by 1993 c. 28, s. 91(5)(a); S.I. 1993/2134, arts. 2,3

S. 74(1)(b) extended by 1985 c. 70 s. 31A (as inserted (23.8.1996 for specified purposes and 1.9.1997 to the extent not already in force (subject to Sch. para. 1 of S.I. 1997/1851 for specified purposes) and otherwise 11.8.1998) by 1996 c. 52, s. 83(3); S.I. 1996/2212, art. 2(1); S.I. 1997/1851, art. 2(a); S.I. 1998/1768, art. 2 (with art. 3))

S. 74(1)(b) extended by 1987 c. 31, s. 24A (as inserted (23.8.1996 for specified purposes and to the extent not already in force and 1.9.1997 subject to Sch. para. 2 of S.I. 1997/1851) by 1996 c. 52, s. 86(5); S.I. 1996/2212, art. 2(1); S.I. 1997/1851, art. 2(b)

S. 74(1)(b) extended (23.8.1996 for specified purposes and otherwiseprosp.) by 1996 c. 52, s. 119(2); S.I. 1996/2212, art. 2(1)

75 Interpretation of Part IV. E+W

(1) In this Part of this Act, except where the context otherwise requires—

• “improvement” includes structural alteration, extension or addition and the provision of additional fixtures or fittings, but does not include anything done by way of decoration or repair;

• “prescribed” means prescribed by regulations under section 74 of this Act, and references to a prescribed form include references to a form substantially to the same effect as the prescribed form.

(2) References in this Part of this Act to rates, in respect of a dwelling-house, include references to such proportion of any rates in respect of a hereditament of which the dwelling-house forms part as may be agreed in writing between the landlord and the tenant or determined by the county court.

Part V E+W Rents Under Restricted Contracts

E+W

76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F114 E+W

Textual Amendments

F114 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14, 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51), Sch. 26

Control of rents E+W

77 Reference of contracts to rent tribunals and obtaining by them of information. E+W

(1) Either the lessor or the lessee under a restricted contract . . . F115 may refer the contract to the rent tribunal . . . F116 .

(2) Where a restricted contract is referred to a rent tribunal under subsection (1) above they may, by notice in writing served on the lessor, require him to give to them, within such period (not less than 7 days from the date of the service of the notice) as may be specified in the notice, such information as they may reasonably require regarding such of the prescribed particulars relating to the contract as are specified in the notice.

(3) If, within the period specified in a notice under subsection (2) above, the lessor fails without reasonable cause to comply with the provisions of the notice he shall be liable on a first conviction to a fine not exceeding £50 and on a second or subsequent conviction to a fine not exceeding £100.

(4) Proceedings for an offence under this section shall not be instituted otherwise than by the local authority.

Textual Amendments

F115 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 17 para. 23, Sch. 18

F116 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Modifications etc. (not altering text)

C25 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

78 Powers of rent tribunals on reference of contracts. E+W

(1) Where a restricted contract is referred to a rent tribunal and the reference is not, before the tribunal have entered upon consideration of it, withdrawn by the party or authority who made it, the tribunal shall consider it.

(2) After making such inquiry as they think fit and giving to—

(a) each party to the contract, and

(b) if the general management of the dwelling is vested in and exercisable by a housing authority, that authority,

an opportunity of being heard or, at his or their option, of submitting representations in writing, the tribunal, subject to subsections (3) and (4) below,—

(i) shall approve the rent payable under the contract, or

(ii) shall reduce or increase the rent to such sum as they may, in all the circumstances, think reasonable, or

(iii) may, if they think fit in all the circumstances, dismiss the reference,

and shall notify the parties . . . F117 of their decision.

[F118 (2A) In any case where under Part I of the Local Government Finance Act 1992 the lessor, or any person having any title superior to that of the lessor, is liable to pay council tax in respect of a hereditament (“the relevant hereditament”) of which the dwelling forms part, the tribunal shall have regard to the amount of council tax which, as at the date on which the reference to the tribunal was made, was set by the billing authority—

(a) for the financial year in which that reference was made, and

(b) for the category of dwellings within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of council tax payable shall be disregarded.

(2B) In subsection (2A) above—

(a) “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,

(b) “billing authority” has the same meaning as in that Part of that Act, and

(c) “category of dwellings” has the same meaning as in section 30(1) and (2) of that Act.]

(3) On the reference of a restricted contract relating to a dwelling for which a rent is registered under Part IV of this Act, the rent tribunal may not reduce the rent payable under the contract below the amount which would be recoverable from the tenant under a regulated tenancy of the dwelling.

(4) An approval, reduction or increase under this section may be limited to rent payable in respect of a particular period.

(5) In [F119 subsection (2)] above “housing authority”[F120 means a local housing authority within the meaning of the Housing Act 1985].

Textual Amendments

F117 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F118 S. 78(2A)(2B) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para.8

F119 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 42

F120 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(4)

79 Register of rents under restricted contracts. E+W

(1) The [F121 president of every rent assessment panel] shall prepare and keep up to date a register for the purposes of this Part of this Act and shall make the register available for inspection in such place or places and in such manner as the Secretary of State may direct.

(2) The register shall be so prepared and kept up to date as to contain, with regard to any contract relating to a dwelling situated in the area of the [F122 rent assessment panel] and under which a rent is payable which has been approved, reduced or increased under section 78 of this Act, entries of—

(a) the prescribed particulars with regard to the contract;

(b) a specification of the dwelling to which the contract relates; and

(c) the rent as approved, reduced or increased by the rent tribunal, and, in a case in which the approval, reduction or increase is limited to rent payable in respect of a particular period, a specification of that period.

(3) Where any rates in respect of a dwelling are borne by the lessor or any person having any title superior to that of the lessor, the amount to be entered in the register under this section as the rent payable for the dwelling shall be the same as if the rates were not so borne; but the fact that they are so borne shall be noted in the register.

[F123 (3A) The amount to be entered in the register under this section as the rent payable for a dwelling shall include any sums payable by the lessee to the lessor in respect of council tax, whether or not those sums are separate from the sums payable for the occupation of the dwelling or are payable under separate agreements.]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124

(5) A copy of an entry in the register certified under the hand of an officer duly authorised in that behalf by the [F125 president of the rent assessment panel concerned] shall be receivable in evidence in any court and in any proceedings.

(6) A person requiring such a certified copy shall be entitled to obtain it on payment of the prescribed fee.

[F126 (6A) Every local authority shall, before the expiry of the period of three months beginning of the commencement of paragraph 44 of Schedule 25 to the Housing Act 1980, send to the president of the appropriate rent assessment panel the register previously kept by the authority under this section.]

Textual Amendments

F121 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 43(a)

F122 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 43(b)

F123 S. 79(3A) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 9

F124 S. 79(4) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F125 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 43(d)

F126 S. 79(6A) inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 44

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 of this Act the lessor or the lessee . . . F127 may refer the case to the rent tribunal for reconsideration of the rent so entered.

(2) Where the rent under a restricted contract has been registered under section 79 of this Act, a rent 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 [F128 2 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.

[F129 (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

F127 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

F128 Words substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 70

F129 S. 80(3)(4) added (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para.10

[F130 80A Reference before 1st April 1994 for interim increase of rent in certain cases where lessor liable for council tax E+W

(1) In any case where—

(a) under Part I of the Local Government Finance Act 1992 the lessor under a restricted contract or any person having any title superior to that of the lessor is liable to pay council tax in respect of a hereditament which includes the dwelling to which the restricted contract relates,

(b) under the terms of the restricted contract (or an agreement collateral to the contract) the lessee is liable to make payments to the lessor in respect of council tax,

(c) the case falls within subsection (2) or subsection (3) below, and

(d) no previous reference under this section in relation to the dwelling has been made to the rent tribunal,

the lessor or the lessee may, subject to subsection (4) below, refer the contract to the rent tribunal under this section for consideration of an increased rent.

(2) The case falls within this subsection if—

(a) a rent has been entered in the register under section 79 of this Act before 1st April 1993,

(b) the period of two years beginning on the date on which the rent was last considered by the tribunal has not yet expired, and

(c) since that date there has been no such change in circumstances of a kind mentioned in paragraphs (a) to (d) of section 80 of this Act (other than circumstances relating to council tax) as to make the registered rent no longer a reasonable rent.

(3) The case falls within this subsection if a reference under section 77 or 80 of this Act has been made before 1st April 1993 but has not been disposed of before that date.

(4) No reference may be made under this section after 31st March 1994.

(5) Where a reference is made under this section—

(a) the rent tribunal shall (after making such inquiry as they think fit and giving to each party to the contract an opportunity of being heard or of submitting representations in writing) increase the amount of the existing registered rent by such amount as is reasonable, having regard to the provisions of section 78(2A) of this Act, to take account of the lessee’s liability to make payments to the lessor in respect of council tax, and

(b) the amount to be registered under section 79 of this Act as the rent of the dwelling shall be the existing registered rent plus the amount referred to in paragraph (a) above.

(6) Where in a case to which subsection (3) above applies a rent tribunal have before them at the same time a reference under section 77 or 80 of this Act and a reference under this section and the rent tribunal propose to entertain the two references together, the tribunal shall approve, reduce or increase the rent under the reference under section 77 or 80 before making their increase in relation to the reference under this section; and the reference in subsection 5(a) above to the existing registered rent shall have effect as a reference to the rent determined on the reference under section 77 or 80.

(7) In this section “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992.]

Textual Amendments

F130 S. 80A inserted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para. 5

81 Effect of registration of rent. E+W

(1) Where the rent payable for any dwelling is entered in the register under section 79 of this Act, it shall not be lawful to require or receive on account of rent for that dwelling under a restricted contract payment of any amount in excess of the rent so registered—

(a) in respect of any period subsequent to the date of the entry, or

(b) where a particular period is specified in the register, in respect of that period.

(2) Where subsection (3) of section 79 applies, the amount entered in the register under that section shall be treated for the purposes of this section as increased for any rental period by the amount of the rates for that period, ascertained in accordance with Schedule 5 to this Act.

(3) Where any payment has been made or received in contravention of this section, the amount of the excess shall be recoverable by the person by whom it was paid.

(4) Any person who requires or receives any payment in contravention of this section shall be liable to a fine not exceeding [F131 level 3 on the standard scale] or to imprisonment for a term not exceeding 6 months or both, and, without prejudice to any other method of recovery, the court by which a person is found guilty of an offence under this subsection may order the amount paid in excess to be repaid to the person by whom the payment was made.

(5) Proceedings for an offence under this section shall not be instituted otherwise than by the local authority.

Textual Amendments

F131 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

[F132 81A Cancellation of registration of rent. E+W

(1) Where the rent payable for any dwelling is entered in the register under section 79 of this Act, the rent tribunal shall cancel the registration of entry, on an application made under this section, if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

(b) the dwelling is not for the time being subject to a restricted contract; and

(c) the application is made by the person who would be the lessor if the dwelling were subject to a restricted contract.

(2) An application under this section must be in the prescribed form, and contain the prescribed particulars.

(3) Cancellation of the registration shall be without prejudice to a further registration of a rent at any time after the cancellation.

(4) The rent tribunal shall notify the applicant of their decision to grant, or to refuse, any application under this section.]

Textual Amendments

F132 S. 81A inserted by Housing Act 1980 (c. 51, SIF 61), s. 71(1)

F133 S. 81A(1)(a) repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 36(4), 140(2), Sch. 18

Miscellaneous and general E+W

82 Jurisdiction of rent tribunals. E+W

Where a restricted contract is referred to a rent tribunal under this Part, or Part VII, of this Act and—

(a) the contract relates to a dwelling consisting of or comprising part only of a hereditament, and

(b) no apportionment of the rateable value of the hereditament has been made under section 25 of this Act,

then, unless the lessor in the course of the proceedings requires that such an apportionment shall be made and, within 2 weeks of making the requirement, brings proceedings in the county court for the making of the apportionment, the rent tribunal shall have jurisdiction to deal with the reference if it appears to them that, had the apportionment been made, they would have had jurisdiction.

83 Local authorities for Part V. E+W

(1) For the purposes of this Part of this Act, the local authority shall be—

[F134 (a) in a London borough or district, the council of the London borough or district in question or, where the district is in a county in England and does not have a district council, the council of the county in question,

[(aa) in a Welsh county or county borough, the council of the county or county borough in question,]

and]

(b) in the City of London, the Common Council.

(2) The local authority shall have power to publish information regarding the provisions of this Part, and sections 103 to 106, of this Act.

Textual Amendments

F134 S. 83(1)(a) substituted (13.10.1995) by S.I. 1995/2451, reg. 5

83 Local authorities for Part V. E+W

(1) For the purposes of this Part of this Act, the local authority shall be—

[F356 (a) in a London borough or district, the council of the London borough or district in question or, where the district is in a county in England and does not have a district council, the council of the county in question, and]

(b) in the City of London, the Common Council.

(2) The local authority shall have power to publish information regarding the provisions of this Part, and sections 103 to 106, of this Act.

Textual Amendments

F356 S. 83(a) substituted (13.10.1995) by S.I. 1995/2451, reg. 5

84 Regulations. E+W

The Secretary of State may by statutory instrument make regulations—

(a)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

(c) for prescribing anything which is required by this Part of this Act to be prescribed; and

(d) generally for carrying into effect the provisions of this Part, and sections 103 to 106, of this Act.

Textual Amendments

F135 S. 84(a)(b) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

85 Interpretation of Part V. E+W

(1) In this Part of this Act, except where the context otherwise requires,—

• “dwelling” means a house or part of a house;

• “lessee” means the person to whom is granted, under a restricted contract, the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantee;

• “lessor” means the person who, under a restricted contract, grants to another the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantor;

• “register” means the register kept by [F136 president of the rent assessment panel concerned] in pursuance of section 79 of this Act;

• “rent tribunal” [F137 shall be construed in accordance with section 72 of the Housing Act 1980]

• “services” includes attendance, the provision of heating or lighting, the supply of hot water and any other privilege or facility connected with the occupancy of a dwelling, other than a privilege or facility requisite for the purposes of access, cold water supply or sanitary accommodation.

(2) References in this Part of this Act to a party to a contract include references to any person directly or indirectly deriving title from such a party.

(3) Where separate sums are payable by the lessee of any dwelling to the lessor for any two or more of the following:—

(a) occupation of the dwelling,

(b) use of furniture, and

(c) services,

any reference in this Part of this Act to “rent” in relation to that dwelling is a reference to the aggregate of those sums and, where those sums are payable under separate contracts, those contracts shall be deemed to be one contract.

(4) The references in sections 79(3) and 81(2) of this Act to rates, in respect of a dwelling, include references to such proportion of any rates in respect of a hereditament of which the dwelling forms part as may be agreed in writing between the lessor and the lessee or determined by the county court.

Textual Amendments

F136 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 45(a)

F137 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 45(b)

Part VI E+W Rent Limit for Dwellings Let by Housing Associations, Housing Trusts and the Housing Corporation

Registration of rents E+W

86 Tenancies to which Part VI applies. E+W

(1) In this Part of this Act “housing association tenancy” means a tenancy to which this Part of this Act applies.

(2) This Part of this Act applies to a tenancy [F138 (other than a co-ownership tenancy)] where—

(a) the interest of the landlord under that tenancy belongs to a housing association or housing trust, or to the Housing Corporation [F139 or Housing for Wales], and

(b) the tenancy would be a protected tenancy but for section 15 or 16 of this Act, and is not a tenancy to which Part II of the M17 Landlord and Tenant Act 1954 applies.

(3) In this Part of this Act “housing association”[F140 has the same meaning as in the Housing Associations Act 1985]

(a) restrict membership to persons who are tenants or prospective tenants of the association, and

(b) preclude the granting or assigning of tenancies to persons other than members.

[F141 (3A) For the purposes of this section a tenancy is a “co-ownership tenancy” if—

(a) it was granted by a housing association which [F142 is a co-operative housing association within the meaning of the Housing Associations Act 1985]; and

(b) the tenant (or his personal representatives) will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any conditions stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling-house.]

[F143 (4) In this Part of this Act “housing trust” has the same meaning as in section 15 of this Act.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F144

Textual Amendments

F138 Words inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 10 para. 1(2)

F139 Words inserted by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(1), Sch. 17 para. 100

F140 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(5)(a)

F141 S. 86(3A) inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 10 para. 1(4)

F142 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(5)(b)

F143 S. 86(4) substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 10 para. 1(5)

F144 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Modifications etc. (not altering text)

C26 S. 86(2)(b) modified by Housing Act 1988 (c. 50, SIF 75:1), s. 35(3)

Marginal Citations

M17 1954 c. 56.

87 Rents to be registrable. E+W

(1) There shall be a part of the register under Part IV of this Act in which rents may be registered for dwelling-houses which are let, or are, or are to be, available for letting, under a housing association tenancy.

(2) In relation to that part of the register the following (and no other) provisions of this Act:—

(a) sections 67, . . . F145 [F146 [F147 67A, 70, 70A] and 72].

(b) section 71, except subsection (3), and

(c) Schedules 11 . . . F145 .

shall apply in relation to housing association tenancies, and in their application to such tenancies shall have effect as if for any reference in those provisions to a regulated tenancy there were substituted a reference to a housing association tenancy.

(3)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

(6) A rent registered in any part of the register for a dwelling-house which becomes, or ceases to be, one subject to a housing association tenancy, shall be as effective as if it were registered in any other part of the register.

Textual Amendments

F145 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

F146 Words substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 61(3)(a)(8)

F147 Words in s. 87(2)(a) substituted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para. 6

F148 S. 87(3)–(5) repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 61(3)(a)(8), Sch. 26

Modifications etc. (not altering text)

C27 S. 87 amended by Housing Act 1980 (c. 51, SIF 61), s. 74, Sch. 9 para. 3

Rent limit E+W

88 Rent limit. E+W

(1) Where the rent payable under a tenancy would exceed the rent limit determined in accordance with this Part of this Act, the amount of the excess shall be irrecoverable from the tenant.

(2) Where a rent for the dwelling-house is registered, . . . F149 the rent limit is the rent so registered.

(3) Where any rates in respect of the dwelling-house are borne by the landlord, or a superior landlord, the amount of those rates for any rental period, ascertained in accordance with Schedule 5 to this Act, shall be added to the limit imposed by subsection (2) above, and in this Part of this Act references to the amount of the registered rent include any amount to be added under this subsection.

(4) Where no rent for the dwelling-house is registered, then, subject to subsection (5) below, the rent limit shall be determined as follows:—

(a) if the lease or agreement creating the tenancy was made before 1st January 1973, the rent limit is the rent recoverable under the tenancy, as varied by any agreement made before that date (but not as varied by any later agreement);

(b) if paragraph (a) above does not apply, and, not more than [F150 2 years] before the tenancy began, the dwelling-house was subject to another tenancy (whether before 1973 or later) the rent limit is the rent recoverable under that other tenancy (or, if there was more than one, the last of them) for the last rental period thereof;

(c) if paragraphs (a) and (b) above do not apply, the rent limit is the rent payable under the terms of the lease or agreement creating the tenancy (and not the rent so payable under those terms as varied by any subsequent agreement).

(5) The reference in subsection (4)(b) above to another tenancy includes, in addition to a housing association tenancy, a regulated tenancy—

(a) which subsisted at any time after 1st April 1975; and

(b) under which, immediately before it came to an end, the interest of the landlord belonged to a housing association.

(6) Where for any period there is a difference between the amount (if any) of the rates borne by the landlord or a superior landlord in respect of the dwelling-house and the amount (if any) so borne in the rental period on which the rent limit is based, the rent limit under this Part of this Act shall be increased or decreased by the amount of the difference.

(7) A tenancy commencing (whether before or after the coming into force of this Act) while there is in operation a condition imposed under any of the following enactments:—

(a) section 2 of the M18 Housing (Financial Provisions) Act 1924;

[F151 (b) paragraph 2 of Part II of Schedule 15 to the Housing Act 1985, or any corresponding earlier enactment]

(c) section 23 of the M19 Housing Act 1949; and

[F152 (d) section 33 of the Housing Act 1985, or any corresponding earlier enactment;]

[F153 which imposes a rent limit in respect of the dwelling-house] shall be disregarded for the purposes of subsection (4)(b) above in determining the rent limit under any subsequent tenancy of the dwelling-house.

Textual Amendments

F149 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18 (subject to para. 4(2) of the transitional provisions in Sch. 2 to S.I. 1988/2152)

F150 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 40 except in any case where, on the determination or confirmation of a rent by the rent officer, the rent determined by him is registered, or his contribution is noted in the register, before 28.11.1980

F151 S. 88(7)(b) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(6)(a)

F152 S. 88(7)(d) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(6)(b)

F153 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(6)(c)

Marginal Citations

M18 1924 c. 35.

M19 1949 c. 60.

89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154 E+W

Textual Amendments

F154 S. 89 repealed (with saving) by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 17 para. 24, Sch. 18 (subject to para. 4(2) of the transitional provisions in Sch. 2 to S.I. 1988/2152)

90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155 E+W

Textual Amendments

F155 S. 90 repealed with saving by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. II para. 77, Sch. 26

91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F156 E+W

Textual Amendments

F156 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Conversion to regulated tenancies E+W

92 Conversion of housing association tenancies into regulated tenancies. E+W

(1) If at any time, by virtue of subsections (1) and (3) of section 15 of this Act, a tenancy ceases to be one to which this Part of this Act applies and becomes a protected tenancy, that tenancy shall be a regulated tenancy and the housing association which is the landlord under that tenancy shall give notice in writing to the tenant, in such form as may be prescribed, informing him that his tenancy is no longer excluded from protection under this Act.

(2) If, without reasonable excuse, a housing association fails to give notice to a tenant under subsection (1) above within the period of 21 days beginning on the day on which his tenancy becomes a protected tenancy, the association shall be liable to a fine not exceeding £100.

(3) Where an offence under subsection (2) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(4) Schedule 14 to this Act shall have effect for supplementing this section.

(5) In this section—

“housing association” has the same meaning as in [F157 the Housing Associations Act 1985]; . . . F158

(6)(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159

Textual Amendments

F157 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(7)

F158 Word and definition repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F159 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Miscellaneous E+W

93 Increase of rent without notice to quit. E+W

(1) Subject to subsections (2) and (3) below, where a housing association tenancy is a weekly or other periodical tenancy, the rent payable to the housing association or, as the case may be, the housing trust or the Housing Corporation [F160 or Housing for Wales] (in this section called “the landlord”) may, without the tenancy being terminated, be increased with effect from the beginning of any rental period by a written notice of increase [F161 specifying the date on which the increase is to take effect and given by the landlord to the tenant not later than four weeks before that date.].

[F162 (2) Where notice of increase is given under subsection (1) above and the tenant, before the date specified in the notice of increase, gives a valid notice to quit, the notice of increase does not take effect unless the tenant, with the written agreement of the landlord, withdraws his notice to quit before that date.]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163

(4) This section shall apply to a tenancy notwithstanding that the letting took place before the coming into force of this Act.

(5) Nothing in this section shall authorise any rent to be increased above the rent limit, and any reference in section 88 of this Act to the variation by agreement of the rent recoverable under a tenancy shall include a reference to variation under this section.

Textual Amendments

F160 Words inserted by Housing Act 1988 (c. 50, SIF 61, 75: 1), s. 140(1), Sch. 17 para. 100

F161 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 10 para. 5(2)(5) in relation to notices of increase given after 28.11.1980

F162 S. 93(2) substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 10 para. 5(3)(5) in relation to notices of increase given after 28.11.1980

F163 S. 93(3) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 10 para. 5(4)(5), Sch. 26 in relation to notices of increase given after 28.11.1980

94 Recovery from landlord of sums paid in excess of recoverable rent, etc. E+W

(1) Where a tenant has paid on account of rent any amount which, by virtue of this Part of this Act, is irrecoverable by the landlord, the tenant who paid it shall be entitled to recover that amount from the landlord who received it or his personal representatives.

(2) Any amount which a tenant is entitled to recover under subsection (1) above may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord.

(3) No amount which a tenant is entitled to recover under subsection (1) above shall be recoverable at any time after the expiry of 2 years from the date of payment.

(4) Any person who, in any rent book or similar document, makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this Part of this Act shall be liable to a fine not exceeding [F164 level 3 on the standard scale], unless he proves that, at the time of the making of the entry, the landlord had a bona fide claim that the sum was recoverable.

(5) If, where any such entry has been made by or on behalf of any landlord, the landlord on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within 7 days, the landlord shall be liable to a fine not exceeding [F164 level 3 on the standard scale], unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable.

Textual Amendments

F164 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

95 Duty of landlord to supply statement of rent under previous tenancy. E+W

(1) Where the rent payable under a tenancy is subject to the rent limit specified in section 88(4)(b) of this Act, the landlord shall, on being so requested in writing by the tenant, supply him with a statement in writing of the rent which was payable for the last rental period of the other tenancy referred to in that subsection.

(2) If, without reasonable excuse, a landlord who has received such a request—

(a) fails to supply the statement referred to in subsection (1) above within 21 days of receiving the request, or

(b) supplies a statement which is false in any material particular,

he shall be liable on a first conviction to a fine not exceeding £50 and, on a second or subsequent conviction, to a fine not exceeding £100.

(3) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Modifications etc. (not altering text)

C28 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

96 Supplemental. E+W

(1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F165

(3) A county court shall have jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question as to the rent limit under this Part of this Act, or as to any matter which is or may become material for determining any such question.

(4) In ascertaining for the purposes of this Part of this Act whether there is any difference with respect to rents or rates between one rental period and another (whether of the same tenancy or not) or the amount of any such difference, any necessary adjustments shall be made to take account of periods of different lengths.

(5) For the purposes of such an adjustment a period of one month shall be treated as equivalent to one-twelfth of a year and a period of a week as equivalent to one-fifty-second of a year.

Textual Amendments

F165 S. 96(1)(2) repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 61(3)(b)(8), Sch. 26

97 Interpretation of Part VI. E+W

(1) In this Part of this Act, except where the context otherwise requires—

• “housing association” , “housing association tenancy” and “housing trust” have the meanings assigned to them by section 86 of this Act; and

• “tenancy” means a housing association tenancy.

(2) In this Part of this Act references to registration are, subject to section 87(5) of this Act and unless the context otherwise requires, references to registration pursuant to section 87.

(3) It is hereby declared that any power of giving directions conferred on the Secretary of State by this Part of this Act includes power to vary or revoke directions so given.

Part VII E+W Security of Tenure

Modifications etc. (not altering text)

C29 Pt. VII (ss. 98-107) restricted (1.11.1993) by 1993 c. 28, s. 59(2)(c)(i) (with ss. 94(2), 95); S.I. 1993/2134, arts. 2,5

Limitations on recovery of possession of dwelling-houses let on protected tenancies or subject to statutory tenancies E+W

98 Grounds for possession of certain dwelling-houses. E+W

(1) Subject to this Part of this Act, a court shall not make an order for possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy unless the court considers it reasonable to make such an order and either—

(a) the court is satisfied that suitable alternative accommodation is available for the tenant or will be available for him when the order in question takes effect, or

(b) the circumstances are as specified in any of the Cases in Part I of Schedule 15 to this Act.

(2) If, apart from subsection (1) above, the landlord would be entitled to recover possession of a dwelling-house which is for the time being let on or subject to a regulated tenancy, the court shall make an order for possession if the circumstances of the case are as specified in any of the Cases in Part II of Schedule 15.

(3) Part III of Schedule 15 shall have effect in relation to Case 9 in that Schedule and for determining the relevant date for the purposes of the Cases in Part II of that Schedule.

(4) Part IV of Schedule 15 shall have effect for determining whether, for the purposes of subsection (1)(a) above, suitable alternative accommodation is or will be available for a tenant.

[F166 (5) Part V of Schedule 15 shall have effect for the purpose of setting out conditions which are relevant to Cases 11 and 12 of that Schedule.]

Textual Amendments

F166 S. 98(5) added with saving by Housing Act 1980 (c. 51, SIF 61), s. 66(3)(5)

Modifications etc. (not altering text)

C30 S. 98(1)(a) modified by Housing Act 1985 (c. 68, SIF 61), s. 309(1)

C31 S. 98(1)(a) restricted by S.I. 1986/2092, art. 9

99 Grounds for possession of certain dwelling-houses let to agricultural workers, etc. E+W

(1) This section applies to any protected or statutory tenancy which—

(a) if it were a tenancy at a low rent, and

(b) if (where relevant) any earlier tenancy granted to the tenant, or to a member of his family, had been a tenancy at a low rent,

would be a protected occupancy or statutory tenancy as defined in the M20 Rent (Agriculture) Act 1976.

(2) Notwithstanding anything in section 98 of this Act, the court shall not make an order for possession of a dwelling-house which is for the time being let on or subject to a tenancy to which this section applies unless the court considers it reasonable to make such an order and the circumstances are as specified in any of the Cases (except Case 8) in Part I of Schedule 15 to this Act or in either of the Cases in Schedule 16 to this Act.

(3) If, apart from subsection (2) above, the landlord would be entitled to recover possession of a dwelling-house which is for the time being let on or subject to a tenancy to which this section applies, the court shall make an order for possession if the circumstances are as specified in any of the Cases (except Cases 16 to 18) in Part II of Schedule 15 to this Act.

Marginal Citations

M20 1976 c. 80.

100 Extended discretion of court in claims for possession of certain dwelling-houses. E+W

(1) Subject to subsection (5) below, a court may adjourn for such period or periods as it thinks fit, proceedings for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy.

(2) On the making of an order for possession of such a dwelling-house, or at any time before the execution of such an order (whether made before or after the commencement of this Act), the court, subject to subsection (5) below, may—

(a) stay or suspend execution of the order, or

(b) postpone the date of possession,

for such period or periods as the court thinks fit.

[F167 (3) On any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above, the court shall, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit.]

(4) If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.

[F168 (4A) Subsection (4B) below applies in any case where—

(a) proceedings are brought for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy;

(b) the tenant’s spouse or former spouse, having rights of occupation under the Matrimonial Homes Act 1967, is then in occupation of the dwelling-house; and

(c) the tenancy is terminated as a result of those proceedings.

(4B) In any case to which this subsection applies, the spouse or former spouse shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above, as he or she would have if those rights of occupation were not affected by the termination of the tenancy.]

(5) This section shall not apply if the circumstances are as specified in any of the Cases in Part II of Schedule 15.

Textual Amendments

F167 S. 100(3) substituted by Housing Act 1980 (c. 51, SIF 61), s. 75(2)

F168 S. 100(4A)(4B) inserted by Housing Act 1980 (c. 51, SIF 61), s. 75(3)

[F169 101 Overcrowded dwelling-houses. E+W

At any time when a dwelling-house is over-crowded within the meaning of Part X of the Housing Act 1985 in such circumstances as to render the occupier guilty of an offence, nothing in this Part of this Act shall prevent the immediate landlord of the occupier from obtaining possession of the dwelling-house.]

Textual Amendments

F169 S. 101 substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(8), Sch. 3 para. 3

102 Compensation for misrepresentation or concealment in Cases 8 and 9. E+W

Where, in such circumstances as are specified in Case 8 or Case 9 in Schedule 15 to this Act, a landlord obtains an order for possession of a dwelling-house let on a protected tenancy or subject to a statutory tenancy and it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order.

[F170 102A Restricted application of sections 103 to 106. E+W

Sections 103 to 106 of this Act apply only to restricted contracts entered into before the commencement of section 69 of the M21 Housing Act 1980.]

Textual Amendments

F170 S. 102A inserted by Housing Act 1980 (c. 51, SIF 61), s. 69(3)

Marginal Citations

M21 1980 c. 51

Restricted contracts E+W

103 Notice to quit served after reference of contract to rent tribunal. E+W

(1) If, after a restricted contract has been referred to a rent tribunal by the lessee . . . F171 under section 77 or 80 of this Act, a notice to quit the dwelling to which the contract relates is served by the lessor on the lessee at any time before the decision of the tribunal is given or within the period of 6 months thereafter, then, subject to sections 105 and 106 of this Act, the notice shall not take effect before the expiry of that period.

(2) In a case falling within subsection (1) above,—

(a) the rent tribunal may, if they think fit, direct that a shorter period shall be substituted for the period of 6 months specified in that subsection; and

(b) if the reference to the rent tribunal is withdrawn, the period during which the notice to quit is not to take effect shall end on the expiry of 7 days from the withdrawal of the reference.

Textual Amendments

F171 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

Modifications etc. (not altering text)

C32 Ss. 103–106 excluded by Housing Act 1980 (c. 51, SIF 61), s. 69(3)

104 Application to tribunal for security of tenure where notice to quit is served. E+W

(1) Subject to sections 105 and 106(3) of this Act, where—

(a) a notice to quit a dwelling the subject of a restricted contract has been served, and

(b) the restricted contract has been referred to a rent tribunal under section 77 or 80 of this Act (whether before or after the service of the notice to quit) and the reference has not been withdrawn, and

(c) the period at the end of which the notice to quit takes effect (whether by virtue of the contract, of section 103 of this Act or of this section) has not expired,

he lessee may apply to the rent tribunal for the extension of that period.

(2) Where an application is made under this section, the notice to quit to which the application relates shall not have effect before the determination of the application unless the application is withdrawn.

(3) On an application under this section, the rent tribunal, after making such inquiry as they think fit and giving to each party an opportunity of being heard or, at his option, of submitting representations in writing, may direct that the notice to quit shall not have effect until the end of such period, not exceeding 6 months from the date on which the notice to quit would have effect apart from the direction, as may be specifed in the direction.

(4) If the rent tribunal refuse to give a direction under this section,—

(a) the notice to quit shall not have effect before the expiry of 7 days from the determination of the application; and

(b) no subsequent application under this section shall be made in relation to the same notice to quit.

(5) On coming to a determination on an application under this section, the rent tribunal shall notify the parties of their determination.

Modifications etc. (not altering text)

C33 Ss. 103–106 excluded by Housing Act 1980 (c. 51, SIF 61), s. 69(3)

105 Notices to quit served by owner-occupiers. E+W

Where a person who has occupied a dwelling as a residence (in this section referred to as “the owner-occupier”) has, by virtue of a restricted contract, granted the right to occupy the dwelling to another person and—

(a) at or before the time when the right was granted (or, if it was granted before 8th December 1965, not later than 7th June 1966) the owner-occupier has given notice in writing to that other person that he is the owner-occupier within the meaning of this section, and

(b) if the dwelling is part of a house, the owner-occupier does not occupy any other part of the house as his residence,

neither section 103 nor 104 of this Act shall apply where a notice to quit the dwelling is served if, at the time the notice is to take effect, the dwelling is required as a residence for the owner-occupier or any member of his family who resided with him when he last occupied the dwelling as a residence.

Modifications etc. (not altering text)

C34 Ss. 103–106 excluded by Housing Act 1980 (c. 51, SIF 61), s. 69(3)

106 Reduction of period of notice on account of lessee’s default. E+W

(1) Subsections (2) and (3) below apply where a restricted contract has been referred to a rent tribunal and the period at the end of which a notice to quit will take effect has been determined by virtue of section 103 of this Act or extended under section 104.

(2) If, in a case where this subsection applies, it appears to the rent tribunal, on an application made by the lessor for a direction under this section,—

(a) that the lessee has not complied with the terms of the contract, or

(b) that the lessee or any person residing or lodging with him has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers or has been convicted of using the dwelling, or allowing the dwelling to be used, for an immoral or illegal purpose, or

(c) that the condition of the dwelling has deteriorated owing to any act or neglect of the lessee or any person residing or lodging with him, or

(d) that the condition of any furniture provided for the use of the lessee under the contract has deteriorated owing to any ill-treatment by the lessee or any person residing or lodging with him,

the rent tribunal may direct that the period referred to in subsection (1) above shall be reduced so as to end at a date specified in the direction.

(3) No application may be made under section 104 of this Act with respect to a notice to quit if a direction has been given under subsection (2) above reducing the period at the end of which the notice is to take effect.

(4) In any case where—

(a) a notice to quit a dwelling which is the subject of a restricted contract has been served, and

(b) the period at the end of which the notice to quit takes effect is for the time being extended by virtue of section 103 or 104 of this Act, and

(c) at some time during that period the lessor institutes proceedings in the county court for the recovery of possession of the dwelling, and

(d) in those proceedings the county court is satisfied that any of paragraphs (a) to (d) of subsection (2) above applies,

the court may direct that the period referred to in paragraph (b) above shall be reduced so as to end at a date specified in the direction

Modifications etc. (not altering text)

C35 Ss. 103–106 excluded by Housing Act 1980 (c. 51, SIF 61), s. 69(3)

[F172 106A Discretion of court in certain proceedings for possession. E+W

(1) This section applies to any dwelling-house which is the subject of a restricted contract entered into after the commencement court in certain of section 69 of the M22 Housing Act 1980.

(2) On the making of an order for possession of such a dwelling-house, or at any time before the execution of such an order, the court may—

(a) stay or suspend execution of the order, or

(b) postpone the date of possession,

for such period or periods as, subject to subsection (3) below, the court thinks fit.

(3) Where a court makes an order for possession of such a dwelling-house, the giving up of possession shall not be postponed (whether by order or any variation, suspension or stay of execution) to a date later than 3 months after the making of the order.

(4) On any such stay, suspension or postponement as is referred to in subsection (2) above, the court shall, unless it considers that to do so would cause exceptional hardship to the lessee or would otherwise be unreasonable, impose conditions with regard to payment by the lessee of arrears of rent (if any) and rent or payments in respect of occupation after termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit.

(5) Subsection (6) below applies in any case where—

(a) proceedings are brought for possession of such a dwelling- house;

(b) the lessee’s spouse or former spouse, having rights of occupation under the Matrimonial Homes Act 1967, is then in occupation of the dwelling-house; and

(c) the restricted contract is terminated as a result of those proceedings.

(6) In any case to which this subsection applies, the spouse or former spouse shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any such stay, suspension or postponement as is referred to in subsection (2) above, as he or she would have if those rights of occupation were not affected by the termination of the restricted contract.]

Textual Amendments

F172 S. 106A inserted by Housing Act 1980 (c. 51, SIF 61), s. 69(2)

Marginal Citations

M22 1980 c. 51.

Miscellaneous E+W

107 Interpretation of Part VII. E+W

(1) In this Part of this Act, except where the context otherwise requires—

• “dwelling” means a house or part of a house;

• “lessee” means the person to whom is granted, under a restricted contract, the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantee; and

• “lessor” means the person who, under a restricted contract, grants to another the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantor.

(2) References in this Part of this Act to a party to a contract include references to any person directly or indirectly deriving title from such a party.

Part VIII E+W Conversion of Controlled Tenancies into Regulated Tenancies

Dwelling-houses in good repair and provided with standard amenities E+W

108—113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F173 E+W

Textual Amendments

F173 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

E+W

114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F174 E+W

Textual Amendments

F174 Ss. 56, 114, Sch. 9 repealed by Housing Act 1980 (c. 51, SIF 61), s. 60(4), Sch. 26

Miscellaneous E+W

115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F175 E+W

Textual Amendments

F175 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

116 Consent of tenant. E+W

[F176 (1) This section applies where a dwelling-house is subject to a statutory tenancy and the landlord wishes to carry out works which can not be carried out without the consent of the tenant.]

(2) If the tenant is unwilling to give his consent, then, if the condition specified in [F177 any of paragraphs (a) to (c)], of subsection (3) below is satisfied, the county court may, on the application of the landlord, make an order empowering him to enter and carry out the works.

[F178 (3) The condition is—

(a) that the works were specified in application for an [F179 improvement grant, intermediate grant or common parts grant] under [F180 Part XV of the Housing Act 1985] and the application has been approved, or

(b) that the works are specified in a certificate issued by [F181 the local housing authority within the meaning of that Act] and stating that if an application is to be made by the landlord for such a grant in respect of the works, the application would be likely to be approved. [F182 or]

[F182 (c) that the works were specified in an application for a renovation grant, a common parts grant, a disabled facilities grant or an HMO grant under Part VIII of the Local Government and Housing Act 1989 and the application has been approved.]]

(4) An order under subsection (2) above may be made subject to such conditions as to the time at which the works are to be carried out and as to any provision to be made for the accommodation of the tenant and his household while they are carried out as the court may think fit.

(5) Where such an order is made subject to any condition as to time, compliance with that condition shall be deemed to be also compliance with any condition imposed by the [F183 local housing authority under section 512(2) of the Housing Act 1985][F184 or, as the case may be, with any condition under section 118(2) of the Local Government and Housing Act 1989].

(6) In determining whether to make such an order and, if it is made, what (if any) conditions it should be subject to, the court shall have regard to all the circumstances and in particular to—

(a) any disadvantage to the tenant that might be expected to result from the works, and

(b) the accommodation that might be available for him whilst the works are carried out, and

(c) the age and health of the tenant,

but the court shall not take into account the means or resources of the tenant.

Textual Amendments

F176 S. 116(1) substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 47(2)

F177 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 52(1)

F178 S. 116(3) substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 47(3)

F179 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 75:3), s. 15, Sch. 3 para. 15 (which said Sch. 3 was repealed by Local Government and Housing Act 1989 (c.42, SIF 75:1), ss. 194(2), Sch. 12 Pt. II

F180 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(9)(a)

F181 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(9)(b)

F182 Word “or” and para. (c) added by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 52(2)

F183 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(9)(c)

F184 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 52(3)

117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185 E+W

Textual Amendments

F185 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

118 Interpretation of Part VIII. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F186

Textual Amendments

F186 S. 118 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5, Sch. 1 Pt. I, Sch. 4

Part IX E+W Premiums, Etc.

Modifications etc. (not altering text)

C36 Pt. IX excluded by Housing Act 1980 (c. 51, SIF 61), Sch. 8 para. 4(2)(3)

119 Prohibition of premiums and loans on grant of protected tenancies. E+W

(1) Any person who, as a condition of the grant, renewal or continuance of a protected tenancy, requires, in addition to the rent, the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence.

(2) Any person who, in connection with the grant, renewal or continuance of a protected tenancy, receives any premium in addition to the rent shall be guilty of an offence.

(3) A person guilty of an offence under this section shall be liable to a fine not exceeding [F187 level 3 on the standard scale].

(4) The court by which a person is convicted of an offence under this section relating to requiring or receiving any premium may order the amount of the premium to be repaid to the person by whom it was paid.

Textual Amendments

F187 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

120 Prohibition of premiums and loans on assignment of protected tenancies. E+W

(1) Subject to section 121 of this Act, any person who, as a condition of the assignment of a protected tenancy, requires the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence.

(2) Subject to section 121 of this Act, any person who, in connection with the assignment of a protected tenancy, receives any premium shall be guilty of an offence.

(3) Notwithstanding anything in subsections (1) and (2) above, an assignor of a protected tenancy of a dwelling-house may, if apart from this section he would be entitled to do so, require the payment by the assignee or receive from the assignee a payment—

(a) of so much of any outgoings discharged by the assignor as is referable to any period after the assignment takes effect;

(b) of a sum not exceeding the amount of any expenditure reasonably incurred by the assignor in carrying out any structural alteration of the dwelling-house or in providing or improving fixtures therein, being fixtures which, as against the landlord, he is not entitled to remove;

(c) where the assignor became a tenant of the dwelling-house by virtue of an assignment of the protected tenancy, of a sum not exceeding any reasonable amount paid by him to his assignor in respect of expenditure incurred by that assignor, or by any previous assignor of the tenancy, in carrying out any such alteration or in providing or improving any such fixtures as are mentioned in paragraph (b) above; or

(d) where part of the dwelling-house is used as a shop or office, or for business, trade or professional purposes, of a reasonable amount in respect of any goodwill of the business, trade or profession, being goodwill transferred to the assignee in connection with the assignment or accruing to him in consequence thereof.

(4) Without prejudice to subsection (3) above, the assignor shall not be guilty of an offence under this section by reason only that—

(a) any payment of outgoings required or received by him on the assignment was a payment of outgoings referable to a period before the assignment took effect; or

(b) any expenditure which he incurred in carrying out structural alterations of the dwelling-house or in providing or improving fixtures therein and in respect of which he required or received the payment of any sum on the assignment was not reasonably incurred; or

(c) any amount paid by him as mentioned in subsection (3)(c) above was not a reasonable amount; or

(d) any amount which he required to be paid, or which he received, on the assignment in respect of goodwill was not a reasonable amount.

(5) Notwithstanding anything in subsections (1) and (2) above, Part I of Schedule 18 to this Act shall have effect in relation to the assignment of protected tenancies which are regulated tenancies in cases where a premium was lawfully required or received at the commencement of the tenancy.

(6) A person guilty of an offence under this section shall be liable to a fine not exceeding [F188 level 3 on the standard scale].

(7) The court by which a person is convicted of an offence under this section relating to requiring or receiving any premium may order the amount of the premium, or so much of it as cannot lawfully be required or received under this section (including any amount which, by virtue of subsection (4) above, does not give rise to an offence), to be repaid to the person by whom it was paid.

Textual Amendments

F188 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

121 Tenancies which became regulated by virtue of Counter-Inflation Act 1973. E+W

Part II of Schedule 18 to this Act shall have effect where a premium was lawfully required and paid on the grant, renewal or continuance of a regulated tenancy—

(a) which was granted before 8th March 1973, and

(b) which would not have been a regulated tenancy, but for section 14(1) of the M23 Counter-Inflation Act 1973 (which brought certain tenancies of dwelling-houses with high rateable values within the protection of the M24 Rent Act 1968).

Marginal Citations

M23 1973 c. 9.

M24 1968 c. 23

122 Prohibition of premiums on grant or assignment of rights under restricted contracts. E+W

(1) This section applies in relation to any premises if—

(a) under Part V of this Act, a rent is registered for those premises in the register kept in pursuance of section 79 of this Act; and

(b) in a case where the approval, reduction or increase of the rent by the rent tribunal is limited to rent payable in respect of a particular period, that period has not expired.

(2) Any person who, as a condition of the grant, renewal, continuance or assignment of rights under a restricted contract, requires the payment of any premium shall be guilty of an offence.

(3) Nothing in subsection (2) above shall prevent a person from requiring—

(a) that there shall be paid so much of any outgoings discharged by a grantor or assignor as is referable to any period after the grant or assignment takes effect; or

(b) that there shall be paid a reasonable amount in respect of goodwill of a business, trade, or profession, where the goodwill is transferred to a grantee or assignee in connection with the grant or assignment or accrues to him in consequence thereof.

(4) A person guilty of an offence under this section shall be liable to a fine not exceeding [F189 level 3 on the standard scale].

(5) The court by which a person is convicted of an offence under this section may order the amount of the premium, or so much of it as cannot lawfully be required under this section, to be repaid to the person by whom it was paid.

Textual Amendments

F189 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

123 Excessive price for furniture to be treated as premium. E+W

Where the purchase of any furniture has been required as a condition of the grant, renewal, continuance or assignment—

(a) of a protected tenancy, or

(b) of rights under a restricted contract which relates to premises falling within section 122(1) of this Act,

then, if the price exceeds the reasonable price of the furniture, the excess shall be treated, for the purposes of this Part of this Act, as if it were a premium required to be paid as a condition of the grant, renewal, continuance or assignment of the protected tenancy or, as the case may be, the rights under the restricted contract.

124 Punishment of attempts to obtain from prospective tenants excessive prices for furniture. E+W

(1) Any person who, in connection with the proposed grant, renewal, continuance or assignment, on terms which require the purchase of furniture, of a protected tenancy—

(a) offers the furniture at a price which he knows or ought to know is unreasonably high, or otherwise seeks to obtain such a price for the furniture, or

(b) fails to furnish, to any person seeking to obtain or retain accommodation whom he provides with particulars of the tenancy, a written inventory of the furniture, specifying the price sought for each item,

shall be liable to a fine not exceeding [F190 level 3 on the standard scale].

(2) Where a local authority have reasonable grounds for suspecting that an offence under subsection (1)(a) above has been committed with respect to a protected tenancy or proposed protected tenancy of a dwelling-house, they may give notice to the person entitled to possession of the dwelling-house or his agent that, on such date as may be specified in the notice, which shall not be earlier than—

(a) 24 hours after the giving of the notice, or

(b) if the dwelling-house is unoccupied, the expiry of such period after the giving of the notice as may be reasonable in the circumstances,

facilities will be required for entry to the dwelling-house and inspection of the furniture therein.

(3) A notice under this section may be given by post.

(4) Where a notice is given under this section, any person authorised by the local authority may avail himself of any facilities for such entry and inspection as are referred to in subsection (2) above which are provided on the specified date but shall, if so required, produce some duly authenticated document showing that he is authorised by the local authority.

(5) If it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that a person required to give facilities under this section has failed to give them, the justice may, by warrant under his hand, empower the local authority, by any person authorised by them, to enter the dwelling-house in question, if need be by force, and inspect the furniture therein.

(6) A person empowered by or under the preceding provisions of this section to enter a dwelling-house may take with him such other persons as may be necessary and, if the dwelling-house is unoccupied, shall leave it as effectively secured against trespassers as he found it.

(7) Any person who wilfully obstructs a person acting in pursuance of a warrant issued under subsection (5) above shall be liable on a first conviction to a fine not exceeding £20 and, on a second or subsequent conviction, to a fine not exceeding £50.

(8) In this section “local authority” means [F191 the council of a district (or, in a county in England in which there are no districts having a district council, the council of the county) or the council of a London borough] or the Common Council of the City of London.

Textual Amendments

F190 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F191 Words in s. 124(8) substituted (13.10.1995) by S.I. 1995/2451, reg. 6

Modifications etc. (not altering text)

C37 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

125 Recovery of premiums and loans unlawfully required or received. E+W

(1) Where under any agreement (whether made before or after the commencement of this Act) any premium is paid after the commencement of this Act and the whole or any part of that premium could not lawfully be required or received under the preceding provisions of this Part of this Act, the amount of the premium or, as the case may be, so much of it as could not lawfully be required or received, shall be recoverable by the person by whom it was paid.

(2) Nothing in section 119 or 120 of this Act shall invalidate any agreement for the making of a loan or any security issued in pursuance of such an agreement but, notwithstanding anything in the agreement for the loan, any sum lent in circumstances involving a contravention of either of those sections shall be repayable to the lender on demand.

126 Avoidance of requirements for advance payment of rent in certain cases. E+W

(1) Where a protected tenancy which is a regulated tenancy is granted, continued or renewed, any requirement that rent shall be payable—

(a) before the beginning of the rental period in respect of which it is payable, or

(b) earlier than 6 months before the end of the rental period in respect of which it is payable (if that period is more than 6 months),

shall be void, whether the requirement is imposed as a condition of the grant, renewal or continuance of the tenancy or under the terms thereof.

(2) Any requirement avoided by subsection (1) above is, in this section, referred to as a “prohibited requirement”.

(3) Rent for any rental period to which a prohibited requirement relates shall be irrecoverable from the tenant.

(4) Any person who purports to impose any prohibited requirement shall be liable to a fine not exceeding [F192 level 3 on the standard scale], and the court by which he is convicted may order any amount of rent paid in compliance with the prohibited requirement to be repaid to the person by whom it was paid.

(5) Where a tenant has paid on account of rent any amount which, by virtue of this section, is irrecoverable the tenant shall be entitled to recover that amount from the landlord who received it or his personal representatives.

(6) Any amount which a tenant is entitled to recover under subsection (5) above may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord.

(7) No amount which a tenant is entitled to recover under subsection (5) above shall be recoverable at any time after the expiry of 2 years from the date of payment.

(8) Any person who, in any rent book or similar document makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this section shall be liable to a fine not exceeding [F193 level 3 on the standard scale], unless he proves that, at the time of the making of the entry, the landlord has a bona fide claim that the sum was recoverable.

(9) If, where any such entry has been made by or on behalf of any landlord, the landlord on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within 7 days, the landlord shall be liable to a fine not exceeding [F193 level 3 on the standard scale], unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable.

Textual Amendments

F192 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F193 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

127 Allowable premiums in relation to certain long tenancies. E+W

(1) Where a tenancy is both a long tenancy within the meaning of Part I of the M25 Landlord and Tenant Act 1954 and a protected tenancy, then—

(a) if the conditions specified in subsection (2) below are satisfied with respect to it, nothing in this Part of this Act or in Part VII of the M26 Rent Act 1968 (provisions superseded by this Part) or the enactments replaced by the said Part VII shall apply or be deemed ever to have applied to the tenancy;

(b) if any of those conditions are not satisfied with respect to it, Part II of Schedule 18 to this Act shall apply and, if the tenancy was granted before the passing of this Act, be deemed always to have applied to it.

(2) The conditions mentioned in subsection (1)(a) above are—

(a) that the tenancy is not, and cannot become, terminable within 20 years of the date when it was granted by notice given to the tenant; and

(b) that, unless the tenancy was granted before 25th July 1969 or was granted in pursuance of Part I of the M27 Leasehold Reform Act 1967, the sums payable by the tenant otherwise than in respect or rates, services, repairs, maintenance or insurance are not, under the terms of the tenancy, varied or liable to be varied within 20 years of the date when it was granted nor, thereafter, more than once in any 21 years; and

[F194 (c) that the terms of the tenancy do not inhibit both the assignment and the underletting of the whole of the premises comprised in the tenancy.]

(3) Where the condition specified in subsection (2)(b) above would be satisfied with respect to a sub-tenancy but for a term providing for one variation, within 20 years of the date when the sub-tenancy was granted, of the sums payable by the sub-tenant, that condition shall be deemed to be satisfied notwithstanding that term, if it is satisfied with respect to a superior tenancy of the premises comprised in the sub-tenancy (or of those and other premises).

[F195 (3A) If the conditions in subsection (3B) below are satisfied in respect of a tenancy, this Part of this Act shall not apply to that tenancy and, together with Part VII of the M28 Rent Act 1968 and the enactments replaced by Part VII, shall be deemed never to have applied to it.

(3B) The conditions are that—

(a) the tenancy was granted before 16th July 1980;

(b) a premium was lawfully required and paid on the grant of the tenancy;

(c) the tenancy was, at the time when it was granted, a tenancy at a low rent; and

(d) the terms of the tenancy do not inhibit both the assignment and the underletting of the whole of the premises comprised in the tenancy.

(3C) If the conditions in subsection (3D) below are satisfied in respect of a tenancy, this section shall have effect, in relation to that tenancy, as if for the words “20 years” and “21 years”, in subsection (2)(b) and (3) above there were substituted, respectively, the words “6 years” and “7 years”.

(3D) The conditions are that—

(a) the tenancy is granted after 15th July 1980;

(b) at the time when it is granted it is a tenancy at a low rent; and

(c) the terms of the tenancy ensure that any variation of the sums payable by the tenant otherwise than in respect of rates, services, repairs or maintenance, cannot lead to those sums exceeding an annual rate of two-thirds of the rateable value of the dwelling-house at the date when the variation is made.

For the purposes of this subsection the rateable value of a dwelling-house shall be ascertained in accordance with section 25 of this Act (disregarding subsection (4)) by reference to the value shown in the valuation list at the date when the variation is made.]

(4) Nothing in this section shall affect the recovery, in pursuance of any judgment given or order or agreement made before 20th May 1969, of any amount which it was not lawful to receive under the law in force at the time it was received.

(5) In this section “grant” includes continuance and renewal [F196 and for the purposes of subsections (2)(c) and (3B)(d) above the terms of a tenancy inhibit an assignment or underletting if they—]

[F196 (a) preclude it; or

(b) permit it subject to a consent but exclude section 144 of the M29 Law of Property Act 1925 (no payment in nature of fine); or

(c) permit it subject to a consent but require in connection with a request for consent the making of an offer to surrender the tenancy.]

Textual Amendments

F194 S. 127(2)(c) substituted retrospectively by Housing Act 1980 (c. 51, SIF 61), s. 78(1)(2)

F195 S. 127(3A)–(3D) inserted by Housing Act 1980 (c. 51, SIF 61), s. 78(4)

F196 Words added retrospectively by Housing Act 1980 (c. 51, SIF 61), s. 78(1)(3)

Modifications etc. (not altering text)

C38 S. 127: by Housing Act 1988 (c. 50, SIF 75:1), s. 115 it is provided that with respect to (a) any premium received or required to be paid after the commencement of that 1988 Act or, (b) any loan required to be made after that commencement, section 127 shall have effect subject to the following amendments— (1) for subsections (2) and (3) there shall be substituted “(2) The conditions mentioned in subsection (1)(a) above are—(a) that the landlord has no power to determine the tenancy at any time within twenty years beginning on the date when it was granted; and (b) that the terms of the tenancy do not inhibit both the assignment and the underletting of the whole of the premises comprised in the tenancy; but for the purpose of paragraph (b) above there shall be disregarded any term of the tenancy which inhibits assignment and underletting only during a period which is or falls within the final seven years of the term for which the tenancy was granted. (3) The reference in subsection (2) above to a power of the landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy.” and, (2) subsections (3C) and (3D) shall be omitted and in subsection (5) for “(2)(c)” there shall be substituted “(2)(b)”

Marginal Citations

M25 1954 c. 27.

M26 1968 c. 23.

M27 1967 c. 88.

M28 1968 c.23

M29 1925 c. 20.

128 Interpretation of Part IX. E+W

(1) In this Part of this Act, unless the context otherwise requires,—

• “furniture” includes fittings and other articles; and

• [F197 “premium” includes—

(a) any fine or other like sum;

(b) any other pecuniary consideration in addition to rent; and

(c) any sum paid by way of a deposit, other than one which does not exceed one-sixth of the annual rent and is reasonable in relation to the potential liability in respect of which it is paid.]

(2) For the avoidance of doubt it is hereby declared that nothing in this Part of this Act shall render any amount recoverable more than once.

Textual Amendments

F197 Definition substituted by Housing Act 1980 (c. 51, SIF 61), s. 79

Part X E+W Mortgages

129 Mortgages to which Part X applies. E+W

(1) This Part of this Act is concerned with mortgages which—

(a) were created before the relevant date, and

[F198 (b) are regulated mortgages as defined in section 131 of this Act.]

(2) For the purposes of this Part of this Act, “relevant date”—

(a) in a case where, on 28th November 1967, land consisting of or including a dwelling-house was subject to a long tenancy which became a regulated tenancy on that date by virtue of section 39 of the M30 Leasehold Reform Act 1967, means, in relation to that land, 28th November 1967;

(b) in a case where, on 22nd March 1973, land consisting of or including a dwelling-house was subject to a tenancy which became a regulated tenancy by virtue of section 14 of the M31 Counter-Inflation Act 1973, means, in relation to that land, 22nd March 1973;

(c) in the case of land consisting of or including a dwelling-house subject to a regulated furnished tenancy, means, in relation to that land, 14th August 1974; and

(d) in any other case, means 8th December 1965.

Textual Amendments

F198 S. 129(1)(b) substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 48

Marginal Citations

M30 1967 c. 88.

M31 1973 c. 9.

130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F199 E+W

Textual Amendments

F199 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

131 Regulated mortgages. E+W

(1) Subject to subsection (2) below, a mortgage which falls within section 129(1)(a) of this Act . . . F200 is a regulated mortgage if—

(a) it is a legal mortgage of land consisting of or including a dwelling-house which is let on or subject to a regulated tenancy, and

(b) the regulated tenancy is binding on the mortgagee.

(2) Notwithstanding that a mortgage falls within subsection (1) above, it is not a regulated mortgage if—

(a) the rateable value on the appropriate day of the dwelling-house which falls within subsection (1)(a) above or, if there is more than one such dwelling-house comprised in the mortgage, the aggregate of the rateable values of those dwelling-houses on the appropriate day is less than one-tenth of the rateable value on the appropriate day of the whole of the land comprised in the mortgage, or

(b) the mortgagor is in breach of covenant, but for this purpose a breach of the covenant for the repayment of the principal money otherwise than by instalments shall be disregarded.

(3) Subsection (2)(a) above shall have effect, in the M32 case of land consisting of or including a dwelling-house which on 22nd March 1973 was subject to a tenancy which became a regulated tenancy by virtue of section 14 of the Counter-Inflation Act 1973, as if for the reference to the appropriate day there were substituted a reference to 7th March 1973.

(4) In this section “legal mortgage” includes a charge by way of legal mortgage.

(5) Any reference in this Part of this Act to a regulated mortgage shall be construed in accordance with this section.

Textual Amendments

F200 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Marginal Citations

M32 1973 c. 9.

132 Powers of court to mitigate hardship to mortgagors under regulated mortgages. E+W

(1) The powers of the court under this section [F201 become exercisable, in relation to a regulated mortgage,] only on an application made by the mortgagor within 21 days, or such longer time as the courts may allow, after the occurrence of one of the following events:—

(a) the rate of interest payable in respect of the mortgage is increased; or

(b) a rent for a dwelling-house comprised in the mortgage is registered under Part IV of this Act and the rent so registered is lower than the rent which was payable immediately before the registration; or

(c) the mortgagee, not being a mortgagee who was in possession on the relevant date, demands payment of the principal money secured by the mortgage or takes any steps for exercising any right of foreclosure or sale or for otherwise enforcing his security.

Paragraph (b) above shall not apply to a case falling within section 129(2)(b) of this Act.

(2) If the court is satisfied on any such application that, by reason of the event in question and of the operation of this Act, the mortgagor would suffer severe financial hardship unless relief were given under this section, the court may by order make such provision—

(a) limiting the rate of interest,

(b) extending the time for the repayment of the principal money, or

(c) otherwise varying the terms of the mortgage or imposing any limitation or condition on the exercise of any right or remedy in respect thereof,

as it thinks appropriate.

(3) Where the court makes an order under subsection (2) above in relation to a mortgage which comprises other land as well as a dwelling-house or dwelling-houses subject to a regulated tenancy the order may, if the mortgagee so requests, make provision for apportioning the money secured by the mortgage between that other land and the dwelling-house or dwelling-houses.

(4) Where such an apportionment is made, the other provisions of the order made by the court shall not apply in relation to the other land referred to in that subsection and the money secured by the other land, and the mortgage shall have effect for all purposes as two separate mortgages of the apportioned parts.

(5) Where the court has made an order under this section it may vary or revoke it by a subsequent order.

(6) The court for the purposes of this section is a county court, except that where an application under subsection (1) above is made in pursuance of any step taken by the mortgagee in the High Court it is the High Court.

Textual Amendments

F201 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 49

133—135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F202 E+W

Textual Amendments

F202 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

136 Interpretation of Part X. E+W

In this Part of this Act, except where the context otherwise requires—

(a) “mortgagee” and “mortgagor” include any person from time to time deriving title under the original mortgagee or mortgagor; and

(b) “legal mortgage” in relation to regulated mortgages, [F203 includes] any charge registered under the M33 Land Registration Act 1925.

Textual Amendments

F203 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 50

Marginal Citations

M33 1925 c. 21.

Part XI E+W General

Sublettings E+W

137 Effect on sub-tenancy of determination of superior tenancy. E+W

(1) If a court makes an order for possession of a dwelling-house from—

(a) a protected or statutory tenant, or

(b) a protected occupier or statutory tenant as defined in the M34 Rent (Agriculture) Act 1976.

and the order is made by virtue of section 98(1) or 99(2) of this Act or, as the case may be, under Part I of Schedule 4 to that Act, nothing in the order shall affect the right of any sub-tenant to whom the dwelling-house or any part of it has been lawfully sublet before the commencement of the proceedings to retain possession by virtue of . . . F204 this Act, nor shall the order operate to give a right to possession against any such sub-tenant.

(2) Where a statutorily protected tenancy of a dwelling-house is determined, either as a result of an order for possession or for any other reason, any sub-tenant to whom the dwelling-house or any part of it has been lawfully sublet shall, subject to this Act, be deemed to become the tenant of the landlord on the same terms as if the tenant’s statutorily protected tenancy had continued.

(3) Where a dwelling-house—

(a) forms part of premises which have been let as a whole on a superior tenancy but do not constitute a dwelling-house let on a statutorily protected tenancy; and

(b) is itself subject to a protected or statutory tenancy,

then, from the coming to an end of the superior tenancy, this Act shall apply in relation to the dwelling-house as if, in lieu of the superior tenancy, there had been separate tenancies of the dwelling-house and of the remainder of the premises, for the like purposes as under the superior tenancy, and at rents equal to the just proportion of the rent under the superior tenancy.

In this subsection “premises” includes, if the sub-tenancy in question is a protected or statutory tenancy to which section 99 of this Act applies, an agricultural holding within the meaning of the [F205 Agricultural Holdings Act 1986][F206 held under a tenancy to which that Act applied and land comprised in a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.]

(4) In subsections (2) and (3) above “statutorily protected tenancy” means—

(a) a protected or statutory tenancy;

(b) a protected occupancy or statutory tenancy as defined in the M35 Rent (Agriculture) Act 1976; or

(c) if the sub-tenancy in question is a protected or statutory tenancy to which section 99 of this Act [F207 applies—

(i) a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy in relation to which that Act applies, or

(ii) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.]

(5) Subject to subsection (6) below, a long tenancy of a dwelling-house which is also a tenancy at a low rent but which, had it not been a tenancy at a low rent, would have been a protected tenancy [F208 or an assured tenancy, within the meaning of Part I of the Housing Act 1988], shall be treated for the purposes of subsection (2) above as a statutorily protected tenancy.

(6) Notwithstanding anything in subsection (5) above, subsection (2) above shall not have effect where the sub-tenancy in question was created (whether immediately or derivatively) out of a long tenancy falling within subsection (5) above and, at the time of the creation of the sub-tenancy—

(a) a notice to terminate the long tenancy had been given under section 4(1) of the M36 Landlord and Tenant Act 1954 [F209 or, as the case may be, served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989]; or

(b) the long tenancy was being continued by section 3(1) of [F210 the said Act of 1954 or, as the case may be, paragraph 3 of the said Schedule 10];

unless the sub-tenancy was created with the consent in writing of the person who at the time when it was created was the landlord, within the meaning of [F211 Part I of the said Act of 1954 or, as the case may be, the said Schedule 10].

(7) This section shall apply equally where a protected occupier of a dwelling-house, or part of a dwelling-house, has a relevant licence as defined in the M37 Rent (Agriculture) Act 1976, and in this section “tenancy” and all cognate expressions shall be construed accordingly.

Textual Amendments

F204 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 17 para. 25, Sch. 18

F205 Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 60

F206 Words in s. 137(3) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 28(1)(2) (with s. 37)

F207 Words and paras. (i)(ii) in s. 137(4)(c) substituted for words in s. 137(4)(c) (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 28(1)(3) (with s. 37)

F208 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 53(1)

F209 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 53(2)(a)

F210 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 53(2)(b)

F211 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 53(2)(c)

Modifications etc. (not altering text)

C39 S. 137 excluded by Housing Act 1980 (c. 51, SIF 61), s. 54(1)

C40 S. 137(2)(5) restricted (1.11.1993) by 1993 c. 28, s. 61, Sch. 14 para. 3(2)(a) (with ss. 94(2), 95); S.I. 1993/2134, arts. 2, 5

Marginal Citations

M34 1976 c. 80.

M35 1976 c. 80.

M36 1954 c. 56.

M37 1976 c. 80.

138 Effect on furnished sub-tenancy of determination of superior unfurnished tenancy. E+W

(1) If, in a case where section 137(2) of this Act applies, the conditions mentioned in subsection (2) below are fulfilled, the terms on which the sub-tenant is, by virtue of section 137(2), deemed to become the tenant of the landlord shall not include any terms as to the provision by the landlord of furniture or services.

(2) The conditions are:—

(a) that the statutorily protected tenancy which is determined as mentioned in section 137(2) was neither a protected furnished tenancy nor a statutory furnished tenancy; and

(b) that, immediately before the determination of that statutorily protected tenancy, the sub-tenant referred to in section 137(2) was the tenant under a protected furnished tenancy or a statutory furnished tenancy; and

(c) that the landlord, within the period of 6 weeks beginning with the day on which the statutorily protected tenancy referred to in section 137(2) is determined, serves notice on the sub-tenant that this section is to apply to his tenancy or statutory tenancy.

(3) In this section “statutorily protected tenancy” has the [F212 same meaning as it has for the purposes of section 137(2) of this Act.]

Textual Amendments

F212 Words substituted retrospectively by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 51

139 Obligation to notify sublettings of dwelling-houses let on or subject to protected or statutory tenancies. E+W

(1) If the tenant of a dwelling-house let on or subject to a protected or statutory tenancy sublets any part of the dwelling-house on a protected tenancy, then, subject to subsection (2) below, he shall, within 14 days after the subletting, supply the landlord with a statement in writing of the subletting giving particulars of occupancy, including the rent charged.

(2) Subsection (1) above shall not require the supply of a statement in relation to a subletting of any part of a dwelling-house if the particulars which would be required to be included in the statement as to the rent and other conditions of the sub-tenancy would be the same as in the last statement supplied in accordance with that subsection with respect to a previous subletting ofthat part.

(3) A tenant who is required to supply a statement in accordance with subsection (1) above and who, without reasonable excuse—

(a) fails to supply a statement, or

(b) supplies a statement which is false in any material particular,

shall be liable to a fine not exceeding [F213 level 1 on the standard scale].

(4) In this section—

(a) “protected tenancy” includes a protected occupancy under the M38 Rent (Agriculture) Act 1976;

(b) “statutory tenancy” includes a statutory tenancy under that Act.

Textual Amendments

F213 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Marginal Citations

M38 1976 c. 80.

Fire Precautions E+W

140 Modification of Act in relation to fire precautions. E+W

Schedule 20 to this Act shall have effect for the purpose of modifying this Act in connection with certain provisions of the M39 Fire Precautions Act 1971.

Marginal Citations

M39 1971 c. 40.

Jurisdiction and procedure E+W

141 County court jurisdiction. E+W

(1) A county court shall have jurisdiction, either in the course of any proceedings relating to a dwelling or on an application made for the purpose by the landlord or the tenant, to determine any question—

(a) as to whether a tenancy is a protected tenancy or whether any person is a statutory tenant of a dwelling-house, . . . F214 or

(b) as to the rent limit; or

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F215

(d) as to the application of Part V and sections 103 to 106 of this Act to a contract; or

(e) as to whether a protected, statutory or regulated tenancy is a protected, statutory or regulated furnished tenancy;

or as to any matter which is or may become material for determining any such question.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F216

(3) A county court shall have jurisdiction to deal with any claim or other proceedings arising out of any of the provisions of this Act specified in subsection (5) below, notwithstanding that by reason of the amount of the claim or otherwise the case would not, apart from this subsection, be within the jurisdiction of a county court.

[F217 (4) If, under any of the provisions of this Act specified in subsection (5) below, a person takes proceedings in the High Court which he could have taken in the county court, he shall not be entitled to recover any costs.]

[F217 (5) The provisions referred to in subsections (3) and (4) above are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F218

(b) in Part III, section 57;

(c) Part VII, except sections 98(2) and 101;

(d) in Part IX, sections 125 and 126;

(e) in Part X, sections 133(1), 134 and 135; and

(f) in this Part of this Act, sections 145 and 147.]

Textual Amendments

F214 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F215 S. 141(1)(c) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F216 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F217 S. 141(4)(5) repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 123(3)(4), 125(7), Sch. 20

F218 S. 141(5)(a) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

142 Rules as to procedure. E+W

(1) The Lord Chancellor may make such rules and give such directions as he thinks fit for the purpose of giving effect to the provisions of this Act and may, by those rules or directions, provide for the conduct so far as desirable in private of any proceedings for the purposes of those provisions and for the remission of any fees.

(2) The power vested in the Lord Chancellor by subsection (1) above may, when the Great Seal is in commission, be exercised by any Lord Commissioner.

(3) The power conferred by subsection (1) above shall not be exercisable in relation to the following provisions of this Act:—

(a) Part IV, except section 75(2);

(b) Part V;

(c) Part VI;

(d) sections 103 to 106, except subsection (4).

(4) Any rules made under this section shall be contained in a statutory instrument.

Release from provisions of Act E+W

143 Release from rent regulation. E+W

(1) Where the Secretary of State is satisfied with respect to every part of any area that the number of persons seeking to become tenants there—

(a) of dwelling-houses exceeding a specified rateable value, or

(b) of any class or description of dwelling-house or of dwelling-house exceeding a specified rateable value,

is not substantially greater than the number of such dwelling-houses in that part, he may by order provide that no such dwelling-house in the area shall be the subject of a regulated tenancy or the subject of a protected occupancy or statutory tenancy under the M40 Rent (Agriculture) Act 1976.

(2) An order under this section may contain such transitional provisions, including provisions to avoid or mitigate hardship, as appear to the Secretary of State to be desirable.

(3) The power to make an order under this section shall be exercisable by statutory instrument and no such order shall have effect unless it is approved by a resolution of each House of Parliament.

Marginal Citations

M40 1976 c. 80.

144 Release from restricted contract provisions. E+W

(1) The Secretary of State may by order provide that, as from such date as may be specified in the order, section 19 of this Act shall not apply to a dwelling the rateable value of which on such day as may be specified in the order exceeds such amount as may be so specified.

(2) An order under this section—

(a) may be made so as to relate to the whole of England and Wales or to such area in England and Wales as may be specified in the order, and so as to apply generally or only to, or except to, such classes or descriptions of dwellings as may be specified in the order; and

(b) may contain such transitional provisions as appear to the Secretary of State to be desirable.

(3) The power to make an order under this section shall be exercisable by statutory instrument and no such order shall have effect unless it is approved by a resolution of each House of Parliament.

145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F219 E+W

Textual Amendments

F219 S. 145 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5, Sch. 1 Pt. I, Sch. 4

Miscellaneous E+W

146 Long tenancies at a low rent. E+W

(1) In determining whether a long tenancy was, at any time,—

(a) a tenancy at a low rent within the meaning of the M41 Rent Act 1968; or

(b) a tenancy to which, by virtue of section 12(7) of the Act of 1920, the Rent Acts did not apply;

there shall be disregarded such part (if any) of the sums payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, [F220 council tax,]services, repairs, maintenance, or insurance, unless it could not have been regarded by the parties as a part so payable.

(2) In subsection (1) above—

• “long tenancy” means a tenancy granted for a term certain exceeding 21 years, other than a tenancy which is, or may become, terminable before the end of that term by notice given to the tenant;

• “the Act of 1920” means the M42 Increase of Rent and Mortgage Interest (Restrictions) Act 1920; and

• “the Rent Acts” means the Rent and Mortgage Interest Restrictions Acts 1920 to 1939.

Textual Amendments

F220 Words in s. 146(1) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 11

Marginal Citations

M41 1968 c. 23.

M42 1920 c. 17.

147 Restriction on levy of distress for rent. E+W

(1) No distress for the rent of any dwelling-house let on a protected tenancy or subject to a statutory tenancy shall be levied except with the leave of the county court; and the court shall, with respect to any application for such leave, have the same or similar powers with respect to adjournment, stay, suspension, postponement and otherwise as are conferred by section 100 of this Act in relation to proceedings for possession of such a dwelling-house.

(2) Nothing in subsection (1) above shall apply to distress levied under [F221 section 102 of the County Courts Act 1984].

Textual Amendments

F221 Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 para. 67

148 Implied term in all protected tenancies. E+W

It shall be a condition of a protected tenancy of a dwelling-house that the tenant shall afford to the landlord access to the dwelling-house and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

Supplemental E+W

149 Powers of local authorities for the purposes of giving information. E+W

(1) Any local authority to which this section applies shall have power—

(a) to publish information, for the assistance of landlords and tenants and others, as to their rights and duties under—

[F222 (i) sections 4 to 7 (provision of rent books) and sections 18 to 30 (service charges) of the Landlord and Tenant Act 1985,]

(ii) the M43 Protection from Eviction Act 1977,

[F223 (iii) Part II . . . F224 , of the Housing Act 1980;]

(iv) this Act,

[F225 (v) Chapters I to III of Part I of the Housing Act 1988]

and as to the procedure for enforcing those rights or securing the performance of those duties, and

(b) to publish information, for the assistance of owners and occupiers of dwelling-houses and others, as to their rights and duties under the M44 Rent (Agriculture) Act 1976 and as to the procedure for enforcing those rights or securing the performance of those duties, and

(c) to make any such information as is mentioned in paragraph (a) or (b) above available in any other way, and

(d) to furnish particulars as to the availability, extent and character of alternative accommodation.

(2) This section applies to the following local authorities:—

(a) councils of districts [F226 , councils of counties in England in which there are no districts having district councils and councils] of London boroughs;

(b) the Common Council of the City of London; and

(c) the Council of the Isles of Scilly.

Textual Amendments

F222 S. 149(1)(a)(i) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(10)

F223 S. 149(1)(a)(iii) substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 53

F224 Words repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5, Sch. 1 Pt. I, Sch. 4

F225 S. 149(1)(a)(v) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 43

F226 Words in s. 149(2)(a) substituted (13.10.1995) by S.I. 1995/2451, reg. 7

Marginal Citations

M43 1977 c. 43.

M44 1976 c. 80.

150 Prosecution of offences. E+W

(1) Offences under this Act are punishable summarily.

(2) Proceedings for an offence under this Act . . . F227 may be instituted by any local authority to which section 149 of this Act applies.

Textual Amendments

F227 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

151 Service of notices on landlord’s agents. E+W

(1) Any document required or authorised by this Act to be served by the tenant of a dwelling-house on the landlord thereof shall be deemed to be duly served on him if it is served—

(a) on any agent of the landlord named as such in the rent book or other similar document; or

(b) on the person who receives the rent of the dwelling-house.

(2) Where a dwelling-house is subject to a regulated tenancy, subsection (1) above shall apply also in relation to any document required or authorised by this Act to be served on the landlord by a person other than the tenant.

(3) If for the purpose of any proceedings (whether civil or criminal) brought or intended to be brought under this Act, any person serves upon any such agent or other person as is referred to in paragraph (a) or paragraph (b) of subsection (1) above a notice in writing requiring the agent or other person to disclose to him the full name and place of abode or place of business of the landlord, that agent or other person shall forthwith comply with the notice.

(4) If any such agent or other person as is referred to in subsection (3) above fails or refuses forthwith to comply with a notice served on him under that subsection, he shall be liable to a fine not exceeding [F228 level 4 on the standard scale], unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, such of the facts required by the notice to be disclosed as were not disclosed by him.

(5) So far as this section relates to Part V or IX or sections 103 to 107, of this Act, references to a landlord and to a tenant shall respectively include references to a lessor and to a lessee as defined by section 85 of this Act.

Textual Amendments

F228 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39, 46, Sch. 3

152 Interpretation. E+W

(1) In this Act, except where the context otherwise requires,—

• “the appropriate day” has the meaning assigned to it by section 25(3) of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F229 “landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to any dwelling-house, any person other than the tenant who is, or but for Part VII of this Act would be, entitled to possession of the dwelling-house;

• “let” includes “sublet”;

• “long tenancy” means a tenancy granted for a term of years certain exceeding 21 years, whether or not subsequently extended by act of the parties or by any enactment;

• “protected furnished tenancy”, “regulated furnished tenancy” and “statutory furnished tenancy” mean a protected or, as the case may be, regulated or statutory tenancy—

(a) under which the dwelling-house concerned is bona fide let at a rent which includes payments in respect of furniture, and

(b) in respect of which the amount of rent which is fairly attributable to the use of furniture, having regard to the value of that use to the tenant, forms a substantial part of the whole rent;

• “protected tenant” and “protected tenancy” shall be construed in accordance with section 1 of this Act;

• “rates” includes water rates and charges but does not include an owner’s drainage rate as defined in section 63(2)(a) of the M45 Land Drainage Act 1976;

• “rateable value” shall be construed in accordance with section 25 of this Act;

• “regulated tenancy” shall be construed in accordance with section 18 of this Act;

• “rent tribunal” has the meaning given by section 76(1) of this Act;

• “rental period” means a period in respect of which a payment of rent falls to be made;

• “restricted contract” shall be construed in accordance with section 19 of this Act;

• “statutory tenant” and “statutory tenancy” shall be construed in accordance with section 2 of this Act;

• “tenant” includes statutory tenant and also includes a sub-tenant and any person deriving title under the original tenant or sub-tenant;

• “tenancy” includes “sub-tenancy”;

• “tenancy at a low rent” has the meaning assigned to it by section 5 of this Act.

(2) Except in so far as the context otherwise requires, any reference in this Act to any other enactment shall be taken as referring to that enactment as amended by or under any other enactment, including this Act.

Textual Amendments

F229 Definition repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Marginal Citations

M45 1976 c. 70.

153 Application to Isles of Scilly. E+W

(1) With the exception of Part V, and sections [F230 102A to 106A], of this Act (which do not apply to the Isles of Scilly) this Act applies to the Isles subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) An order under this section may be varied or revoked by a subsequent order.

Textual Amendments

F230 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 54

154 Application to Crown property. E+W

(1) Subject to sections 13 and 19(5)(b) of this Act this Act shall apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as it applies in relation to premises in which no such interest subsists or ever subsisted.

(2) In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.

155 Modifications, amendments, transitional provisions, repeals etc. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F231

(2) Subject to subsection (3) below, the enactments specified in Schedule 23 to this Act shall have effect subject to the amendments specified in that Schedule.

(3) The savings and transitional provisions in Schedule 24 to this Act shall have effect.

(4) The inclusion in this Act of any express saving, transitional provision or amendment shall not be taken as prejudicing the operation of [F232 sections 16(1) and 17(2) of the Interpretation Act 1978] (which relates to the effect of repeals).

(5) Subject to subsection (3) above, the enactments specified in Schedule 25 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

Textual Amendments

F231 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F232 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

156 Short title, commencement and extent. E+W

(1) This Act may be cited as the Rent Act 1977.

(2) This Act shall come into force on the expiry of the period of one month beginning with the date on which it is passed.

(3) This Act does not extend to Scotland or Northern Ireland.

SCHEDULES

Sections 2 and 3.

SCHEDULE 1 E+W Statutory Tenancies

Part I E+W Statutory Tenants by Succession

Modifications etc. (not altering text)

C41 Sch. 1 Pt. I: by Housing Act 1988 (c. 50, SIF 75:1), s. 39(3) it is provided that where s. 39(2) of the 1988 Act does not apply but the person who is the first successor, within the meaning of Part I of Sch. 1 of this Act, dies after the commencement of that 1988 Act, Part I shall have effect subject to the amendments in paras. 5 to 9 of Part I of Sch. 4 of that 1988 Act

1 E+W Paragraph 2 . . . F233 below shall have effect, subject to section 2(3) of this Act, for the purpose of determining who is the statutory tenant of a dwelling-house by succession after the death of the person (in this Part of this Schedule referred to as “the original tenant”) who, immediately before his death, was a protected tenant of the dwelling-house or the statutory tenant of it by virtue of his previous protected tenancy.

Textual Amendments

F233 Words repealed by Housing Act 1988 (c. 50, SIF 61), ss. 39(2), 140(2), Sch. 4 Pt. I para. 1(in application as mentioned in s. 39(2)), Sch. 18

Modifications etc. (not altering text)

C42 Sch. 1 para. 1 modified (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 8(3) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)

[F234 2 E+W The surviving spouse (if any) of the original tenant, if residing in the dwelling-house immediately before the death of the original tenant, shall after the death be the statutory tenant if and so long as he or she occupies the dwelling-house as his or her residence.]

[F235 (2) For the purposes of this paragraph, a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant.

(3) If, immediately after the death of the original tenant, there is, by virtue of sub-paragraph (2) above, more than one person who fulfils the conditions in sub-paragraph (1) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be treated as the surviving spouse for the purposes of this paragraph.]

Textual Amendments

F234 Sch. 1 para. 2 substituted by Housing Act 1980 (c. 51, SIF 61), s. 76(1)(4) in relation to deaths occurring after 28.11.1980

F235 Sub-paragraphs 2(2) and (3) inserted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 2 (in application as mentioned in s. 39(2))

Modifications etc. (not altering text)

C43 Sch. 1 para. 2 modified (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 8(3) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)

3 E+W Where paragraph 2 above does not apply, but a person who was a member of the original tenant’s family was residing with him [F236 in the dwelling-house] at the time of and for the [F237 period of 2 years] immediately before his death then, after his death, that person or if there is more than one such person such one of them as may be decided by agreement, or in default of agreement by the county court, shall be [F238 entitled to an assured tenancy of the dwelling-house by succession].

[F239 (2) If the original tenant died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the original tenant at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original tenant for the period of 2 years immediately before his death.]

Textual Amendments

F236 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 3(a)(in application as mentioned in s. 39(2))

F237 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 3(b)(in application as mentioned in s. 39(2))

F238 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 3(c)(in application as mentioned in s. 39(2))

F239 Sch. 1 Pt. I Para. 3(2) added by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 3(d)(in application as mentioned in s. 39(2))

Modifications etc. (not altering text)

C44 Sch. 1 para. 3 modified (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 8(3) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)

4 E+W A person who becomes the statutory tenant of a dwelling-house by virtue of paragraph 2 . . . F240 above is in this Part of this Schedule referred to as “the first successor”.

Textual Amendments

F240 Words repealed by Housing Act 1988 (c. 50, SIF 61), ss. 39(2), 140(2), Sch. 4 Pt. I para. 4(in application as mentioned in s. 39(2)), Sch. 18

5 E+W If, immediately before his death, the first successor was still a statutory tenant, paragraph 6 [F241 below shall have effect], for the purpose of determining who is [F242 entitled to an assured tenancy of the dwelling-house by succession] after the death of the first successor.

Textual Amendments

F241 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 5(a)(in application as mentioned in s. 39(2)(3))

F242 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 5(b)(in application as mentioned in s. 39(2)(3))

Modifications etc. (not altering text)

C45 Sch. 1 para. 5 modified (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 8(3) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)

[F243 6 (1) Where a person who— E+W

(a) was a member of the original tenant’s family immediately before that tenant’s death, and

(b) was a member of the first successor’s family immediately before the first successor’s death,

was residing in the dwelling-house with the first successor at the time of, and for the period of 2 years immediately before, the first successor’s death, that person or, if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be entitled to an assured tenancy of the dwelling-house by succession.

(2) If the first successor died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the first successor at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the first successor for the period of 2 years immediately before his death.]

Textual Amendments

F243 Sch. 1 Pt. 1 para. 6 substituted by virtue of Housing Act 1988 (c. 50, SIF 61), s. 39(2)(3), Sch. 4 Pt. I para. 6(with application as mentioned in s. 39(2)(3))

Modifications etc. (not altering text)

C46 Sch. 1 para. 6 modified (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 8(3) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)

7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F244

Textual Amendments

F244 Sch. 1 Pt. 1 para. 7 repealed by Housing Act 1988 (c. 50, SIF 61), ss. 39(2)(3), 140(2), Sch. 4 Pt. I para. 7(with application as mentioned in s. 39(2)(3)), Sch. 18

8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F245

Textual Amendments

F245 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

9 E+W Paragraphs 5 to 8 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 4 of the M46 Requisitioned Houses and Housing (Amendment) Act 1955 or section 20 of the M47 Rent Act 1965.

Marginal Citations

M46 1955 c. 24.

M47 1965 c. 75.

10 (1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Part of this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly— E+W

(a) if the successor was the first successor, and, immediately before his death he was still the tenant (whether protected or statutory), [F246 paragraph 6] above shall apply on his death,

(b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Part of this Schedule.

(2) Sub-paragraph (1) above applies—

(a) even if a successor enters into more than one other tenancy of the dwelling-house, and

(b) even if both the first successor and the successor on his death enter into other tenancies of the dwelling-house.

(3) In this paragraph “succession” means the occasion on which a person becomes the statutory tenant of a dwelling-house by virtue of this Part of this Schedule and “successor” shall be construed accordingly.

(4) This paragraph shall apply as respects a succession which took place before 27th August 1972 if, and only if, the tenancy granted after the succession, or the first of those tenancies, was granted on or after that date, and where it does not apply as respects a succession, no account should be taken of that succession in applying this paragraph as respects any later succession.

Textual Amendments

F246 Words substituted as provided by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 8(with application as mentioned in s. 39(2)(3))

11 (1) Paragraphs 5 to 8 above do not apply where— E+W

(a) the tenancy of the original tenant was granted on or after the operative date within the meaning of the M48 Rent (Agriculture) Act 1976, and

(b) both that tenancy and the statutory tenancy of the first successor were tenancies to which section 99 of this Act applies.

(2) If the tenants under both of the tenancies falling within sub-paragraph (1)(b) above were persons to whom paragraph 7 of Schedule 9 to the M49 Rent (Agriculture) Act 1976 applies, the reference in sub-paragraph (1)(a) above to the operative date shall be taken as a reference to the date of operation for forestry workers within the meaning of that Act.

Marginal Citations

M48 1976 c. 80.

M49 1976 c. 80.

[F247 11A E+W In this Part of this Schedule “the operative date” means the date on which Part I of the Housing Act 1988 came into force.]

Textual Amendments

F247 Sch. 1 Pt. I para. 11A inserted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 9(with application as mentioned in s. 39(2)(3))

Part II E+W Relinquishing Tenancies and Changing Tenants

Payments demanded by statutory tenants as a condition of giving up possession E+W

12 (1) A statutory tenant of a dwelling-house who, as a condition of giving up possession of the dwelling-house, asks for or receives the payment of any sum, or the giving of any other consideration, by any person other than the landlord, shall be guilty of an offence. E+W

(2) Where a statutory tenant of a dwelling-house requires that furniture or other articles shall be purchased as a condition of his giving up possession of the dwelling-house, the price demanded shall, at the request of the person on whom the demand is made, be stated in writing, and if the price exceeds the reasonable price of the articles the excess shall be treated, for the purposes of sub-paragraph (1) above, as a sum asked to be paid as a condition of giving up possession.

(3) A person guilty of an offence under this paragraph shall be liable to a fine not exceeding [F248 level 3 on the standard scale].

(4) The court by which a person is convicted of an offence under this paragraph may order the payment—

(a) to the person who made any such payment, or gave any such consideration, as is referred to in sub-paragraph (1) above, of the amount of that payment or the value of that consideration, or

(b) to the person who paid any such price as is referred to in sub-paragraph (2) above, of the amount by which the price paid exceeds the reasonable price.

Textual Amendments

F248 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Change of statutory tenant by agreement E+W

13 (1) Where it is so agreed in writing between a statutory tenant (“the outgoing tenant”) and a person proposing to occupy the dwelling (“the incoming tenant”), the incoming tenant shall be deemed to be the statutory tenant of the dwelling as from such date as may be specified in the agreement (“the transfer date”). E+W

(2) Such an agreement shall not have effect unless the landlord is a party thereto, and, if the consent of any superior landlord would have been required to an assignment of the previous contractual tenancy, the agreement shall not have effect unless the superior landlord is a party thereto.

(3) If the outgoing tenant is the statutory tenant by virtue of his previous protected tenancy, then, subject to sub-paragraph (6) below, this Act shall have effect, on and after the transfer date, as if the incoming tenant had been a protected tenant and had become the statutory tenant by virtue of his previous protected tenancy.

(4) Subject to sub-paragraphs (5) and (6) below, if the outgoing tenant is a statutory tenant by succession, then, on and after the transfer date—

(a) this Act shall have effect as if the incoming tenant were a statutory tenant by succession, and

(b) the incoming tenant shall be deemed to have become a statutory tenant by virtue of that paragraph of Part I of this Schedule by virtue of which the outgoing tenant became (or is deemed to have become) a statutory tenant.

(5) If the outgoing tenant is a statutory tenant by succession, the agreement may provide that, notwithstanding anything in sub-paragraph (4) above, on and after the transfer date, this Act shall have effect, subject to sub-paragraph (6) below, as if the incoming tenant had been a protected tenant and had become the statutory tenant by virtue of his previous protected tenancy.

(6) Unless the incoming tenant is deemed, by virtue of sub-paragraph (4)(b) above, to have become a statutory tenant by virtue of paragraph 6 or 7 of Part I of this Schedule, paragraphs 5 to 7 of that Part shall not apply where a person has become a statutory tenant by virtue of this paragraph.

(7) In this paragraph “the dwelling” means the aggregate of the premises comprised in the statutory tenancy of the outgoing tenant.

No pecuniary consideration to be required on change of tenant under paragraph 13 E+W

14 (1) Any person who requires the payment of any pecuniary consideration for entering into such an agreement as is referred to in paragraph 13(1) above shall be liable to a fine not exceeding [F249 level 3 on the standard scale]. E+W

(2) The court by which a person is convicted of an offence under sub-paragraph (1) above may order the amount of the payment to be repaid by the person to whom it was paid.

(3) Without prejudice to sub-paragraph (2) above, the amount of any such payment as is referred to in sub-paragraph (1) above shall be recoverable by the person by whom it was made either by proceedings for its recovery or, if it was made to the landlord by a person liable to pay rent to the landlord, by deduction from any rent so payable.

(4) Notwithstanding anything in sub-paragraph (1) above, if apart from this paragraph he would be entitled to do so, the outgoing tenant may require the payment by the incoming tenant—

(a) of so much of any outgoings discharged by the outgoing tenant as is referable to any period after the transfer date;

(b) of a sum not exceeding the amount of any expenditure reasonably incurred by the outgoing tenant in carrying out any structural alteration of the dwelling or in providing or improving fixtures therein, being fixtures which, as against the landlord, the outgoing tenant is not entitled to remove;

(c) where the outgoing tenant became a tenant of the dwelling by virtue of an assignment of the previous protected tenancy, of a sum not exceeding any reasonable amount paid by him to his assignor in respect of expenditure incurred by the assignor, or by any previous assignor of the tenancy, in carrying out any such alteration or in providing or improving any such fixtures as are mentioned in paragraph (b) above; or

(d) where part of the dwelling is used as a shop or office, or for business, trade or professional purposes, of a reasonable amount in respect of any goodwill of the business, trade or profession, being goodwill transferred to the incoming tenant in connection with his becoming a statutory tenant of the dwelling or accruing to him in consequence thereof.

(5) In this paragraph “outgoing tenant”, “incoming tenant”, “the transfer date” and “the dwelling” have the same meanings as in paragraph 13 above.

Textual Amendments

F249 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Section 12(4).

SCHEDULE 2 E+W Resident Landlords

Part I E+W Provisions for Determining Application of Section 12

1 E+W In determining whether the condition in section 12(1)(c) of this Act is at any time fulfilled with respect to a tenancy, there shall be disregarded—

(a) any period of not more than [F250 28 days] beginning with the date on which the interest of the landlord under the tenancy becomes vested at law and in equity in an individual who, during that period, does not occupy as his residence another dwelling-house which forms part of the building [F251 or, as the case may be, flat] concerned;

(b) if, within a period falling within paragraph (a) above, the individual concerned notifies the tenant in writing of his intention to occupy as his residence another [F252 dwelling house in the building or, as the case may be, flat concerned], the period beginning with the date on which the interest of the landlord under the tenancy becomes vested in that individual as mentioned in that paragraph and ending—

(i) at the expiry of the period of 6 months beginning on that date, or

(ii) on the date on which that interest ceases to be so vested, or

(iii) on the date on which the condition in section 12(1)(c) again applies,

whichever is the earlier; and

(c) any period of not more than [F253 2 years] beginning with the date on which the interest of the landlord under the tenancy becomes, and during which it remains, vested—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F254

(ii) in trustees as such; or

(iii) by virtue of section 9 of the M50 Administration of Estates Act 1925, in [F255 the Probate Judge or the Public Trustee].

Textual Amendments

F250 Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(a)(6)

F251 Words inserted by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(a)(6)

F252 Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(b)(6)

F253 Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(c)(6)

F254 Sch. 2 para. 1 (c)(i) repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(c)(6)(7), Sch. 26

F255 Words in Sch. 2 Pt. I para. 1(c)(iii) substituted (1.7.1995) by 1994 c. 36, s. 21(1), Sch. 1 para. 8 (with s. 20); S.I. 1995/1317, art. 2

Marginal Citations

M50 1925 c. 23.

2 During any period when—

(a) in the interest of the landlord under the tenancy referred to in section 12(1) is vested in trustees as such, and

(b) that interest is or, if it is held on trust for sale, the proceeds of its sale are held on trust for any person who occupies as his residence a dwelling-house which forms part of the building [F256 or, as the case may be, flat] referred to in section 12(1)(a),

the condition in section 12(1)(c) shall be deemed to be fulfilled and, accordingly, no part of that period shall be disregarded by virtue of paragraph 1 above.

Textual Amendments

F256 Words inserted by Housing Act 1980 (c. 51, SIF 61), s. 65(4)(6)

[F257 2A (1) The tenancy referred to in section 12(1) fails within this paragraph if the interest of the landlord under the tenancy becomes vested in the personal representatives of a deceased person acting in that capacity. E+W

(2) If the tenancy falls within this paragraph, the condition in section 12(1)(c) shall be deemed to be fulfilled tor any period, beginning with the date on which the interest becomes vested in the personal representatives and not exceeding two years, during which the interest of the landlord remains so vested.]

Textual Amendments

F257 Sch. 2 para. 2A inserted with saving by Housing Act 1980 (c. 51, SIF 61), s. 65(5)(6)(7)

3 E+W Throughout any period which, by virtue of paragraph 1 above, falls to be disregarded for the purpose of determining whether the condition in section 12(1)(c) is fulfilled with respect to a tenancy, no order shall be made for possession of the dwelling-house subject to that tenancy, other than an order which might be made if that tenancy were or, as the case may be, had been a regulated tenancy.

4 E+W For the purposes of section 12, a building is a purpose-built block of flats if as constructed it contained, and it contains, 2 or more flats; and for this purpose “flat” means a dwelling-house which—

(a) forms part only of a building; and

(b) is separated horizontally from another dwelling-house which forms part of the same building.

5 E+W For the purposes of section 12, a person shall be treated as occupying a dwelling-house as his residence if, so far as the nature of the case allows, he fulfills the same conditions as, by virtue of section 2(3) of this Act, are required to be fulfilled by a statutory tenant of a dwelling-house.

Part II E+W Tenancies ceasing to fall within section 12

6 (1) In any case where— E+W

(a) a tenancy which, by virtue only of section 12, was precluded from being a protected tenancy ceases to be so precluded and accordingly becomes a protected tenancy, and

(b) before it became a protected tenancy a rent was registered for the dwelling concerned under Part V of this Act,

the amount which is so registered shall be deemed to be registered under Part IV of this Act as the rent for the dwelling-house which is let on that tenancy, and that registration shall be deemed to take effect on the day the tenancy becomes a protected tenancy.

(2) Section 67(3) of this Act shall not apply to an application for the registration under Part IV of a rent different from that which is deemed to be registered as mentioned in sub-paragraph (1) above.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F258

(4) If, immediately before a tenancy became a protected tenancy as mentioned in sub-paragraph (1)(a) above, the rates in respect of the dwelling-house concerned were borne as mentioned in subsection (3) of section 79 of this Act and the fact that they were so borne was noted as required by that subsection, then, in the application of Part IV in relation to the protected tenancy, section 71(2) of this Act shall be deemed to apply.

Textual Amendments

F258 Sch. 2 para. 6(3) repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

7 E+W If, in a case where a tenancy becomes a protected tenancy as mentioned in sub-paragraph (1)(a) above—

(a) a notice to quit had been served in respect of the dwelling concerned before the date on which the tenancy became a protected tenancy, and

(b) the period at the end of which that notice to quit takes effect had, before that date, been extended under Part VII of this Act, and

(c) that period has not expired before that date,

the notice to quit shall take effect on the day following that date (whenever it would otherwise take effect) and, accordingly, on that day the protected tenancy shall become a statutory tenancy.

SCHEDULES 3—4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F259 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F259 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

SCHEDULE 5 E+W Calculation of Amount of Rates

1 E+W For the purposes of this Act, the amount of rates for any rental period shall be taken, subject to this Schedule, to be an amount which bears to the total rates payable during the relevant rating period the same proportion as the length of the rental period bears to the length of the relevant rating period.

2 E+W In this Schedule “the relevant rating period”, in relation to a rental period, means the rating period during which the rent for that rental period is payable.

3 E+W The amount of the rates for any rental period which precedes the making, by the authority levying the rates, of their first demand for, or for an instalment of, the rates for the relevant rating period shall be calculated on the basis that the rates for that rating period will be the same as for the last preceding rating period.

4 (1) On the making, by the authority levying the rates, of their first such demand, and on the making by them of any subsequent such demand, the amount of the rates for any rental period shall if necessary be recalculated on the basis that the rates for the relevant rating period will be such as appears from the information given in the demand and any previous demands. E+W

(2) Any such recalculation shall not affect the ascertainment of the rates for any rental period beginning more than 6 weeks before the date of the service of the demand giving rise to the recalculation.

5 E+W If, as a result of the settlement of a proposal, the rates payable for the relevant rating period are decreased, the amount of the rates for a rental period shall be recalculated so as to give effect to the decrease; but any such recalculation shall not affect the ascertainment of the rates for any rental period beginning more than 6 weeks before the date of the settlement of the proposal.

6 E+W In computing the rates for any rental period for the purposes of this Schedule, any discount, and any allowance made under any of the enactments relating to allowances given where rates are paid by the owner instead of by the occupier, shall be left out of account, and accordingly those rates shall be computed as if no such discount or allowance had fallen to be, or had been, allowed or made.

SCHEDULE 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F260 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F260 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Section 44(4).

SCHEDULE 7 E+W Rent Limit for certain Tenancies first regulated by virtue of the Counter-Inflation Act 1973

Special rent limit E+W

1 (1) This paragraph applies to a regulated tenancy— E+W

(a) which was granted before 8th March 1973, and

(b) which would not have been a regulated tenancy but for section 14(1) of the M51 Counter-Inflation Act 1973 (which brought certain tenancies of dwelling-houses with high rateable values within the protection of the M52 Rent Act 1968).

(2) Subject to this Schedule, the recoverable rent for any contractual period of a tenancy to which this paragraph applies shall not exceed the limit specified in paragraph 2 below, and the amount of any excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.

(3) Where a rent for the dwelling-house is registered under Part IV of this Act which is less than the limit specified in paragraph 2 below, neither section 44(1) nor section 45(2) of this Act shall apply to a tenancy to which this paragraph applies.

(4) Sub-paragraphs (2) and (3) above shall cease to apply if the landlord and the tenant so provide by an agreement conforming with the requirements of section 51(4) of this Act.

(5) Sub-paragraph (2) above shall not apply where a rent for the dwelling-house is registered under Part IV of this Act which is not less than the limit specified in paragraph 2 below.

Marginal Citations

M51 1973 c. 9.

M52 1968 c. 23.

2 (1) Where, at 22nd March 1973, Article 10 of the M53 Counter-Inflation (Rents) (England and Wales) Order 1972 applied to the rent under the tenancy (to which paragraph 1 above applies), the said limit is the rent payable under the tenancy as limited by the said Article 10 immediately before that date. E+W

(2) In any other case the said limit is the rent payable under the terms of the tenancy (to which paragraph 1 above applies) at 22nd March 1973.

Marginal Citations

M53 S.I. 1972/1851.

Adjustment for repairs, services or rates E+W

3 (1) This paragraph applies to a contractual period the rent for which is subject to paragraph 1(2) above. E+W

(2) In this paragraph “the previous terms” means the terms of the tenancy (to which paragraph 1 above applies) as at 22nd March 1973, and “the limit” means the limit in paragraph 2 above.

(3) Where under the terms of the tenancy there is with respect to—

(a) the responsibility for any repairs, or

(b) the provision of services by the landlord or any superior landlord, or

(c) the use of furniture by the tenant,

any difference compared with the previous terms, such as to affect the amount of the rent which it is reasonable to charge, the limit shall be increased or decreased by an appropriate amount.

(4) Where for the contractual period there is a difference between the amount (if any) of the rates borne by the landlord or a superior landlord in respect of the dwelling-house and the amount (if any) so borne during the first rental period for which the previous terms were agreed, the limit shall be increased or decreased by the difference.

(5) Where for the contractual period there is an increase in the cost of the provision of the services (if any) provided for the tenant by the landlord or a superior landlord compared with that cost at the time when the previous terms were agreed, such as to affect the amount of the rent which it is reasonable to charge, the limit shall be increased by an appropriate amount.

(6) Where the previous terms provide for a variation of the rent in any of the circumstances mentioned in this paragraph, the limit shall not be further varied under this paragraph by reason of the same circumstances.

(7) Any question whether, or by what amount, the limit is increased or decreased by sub-paragraph (3) or (5) above shall be determined by the county court, and any such determination—

(a) may be made so as to relate to past rental periods, and

(b) shall have effect with respect to rental periods subsequent to the periods to which it relates until revoked or varied by a subsequent determination.

E+W

4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F261

Textual Amendments

F261 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

SCHEDULE 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F262 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F262 Sch. 8 repealed (with saving) by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 17 para. 24, Sch. 18 (subject to para. 4(2) of the transitional provisions in Sch. 2 to S.I. 1988/2152)

SCHEDULE 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F263 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F263 Ss. 56, 114, Sch. 9 repealed by Housing Act 1980 (c. 51, SIF 61), s. 60(4), Sch. 26

Section 65.

SCHEDULE 10 E+W Rent Assessment Committees

1 E+W The Secretary of State shall draw up and from time to time revise panels of persons to act as chairmen and other members of rent assessment committees for such areas, comprising together every registration area, as the Secretary of State may from time to time determine.

2 E+W Each panel shall consist of a number of persons appointed by the Lord Chancellor and a number of persons appointed by the Secretary of State . . . F264 .

Textual Amendments

F264 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

[F265 2A E+W No appointment of a person to any panel by the Lord Chancellor shall be such as to extend beyond the day on which the person attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of seventy-five years).]

Textual Amendments

F265 Sch. 10 para. 2A inserted (31.3.1995) by 1993 c. 8, s. 26(10), Sch. 6 para.56 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

3 E+W The Secretary of State shall nominate one of the persons appointed by the Lord Chancellor to act as president of the panel, and one or more such persons to act as vice-president or vice-presidents.

4 E+W Subject to this Schedule, the number of rent assessment committees to act for an area and the consitution of those committees shall be determined by the president of the panel formed for that area or, in the case of the president’s absence or incapacity, by the vice-president or, as the case may be, one of the vice-presidents.

5 E+W Subject to [F266 paragraphs 6 and 6A] below, each rent assessment committee shall consist of a chairman and one or two other members, and the chairman shall be either the president or vice-president (or, as the case may be, one of the vice-presidents) of the panel or one of the other members appointed by the Lord Chancellor.

Textual Amendments

F266 Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 71(2)

6 E+W The president of the panel may, if he thinks fit, direct that when dealing with such cases or dealing with a case in such circumstances as may be specified in the direction, the chairman sitting alone may, with the consent of the parties, exercise the functions of a rent assessment committee.

[F267 6A E+W When dealing with an application under section 81A of this Act a rent assessment committee carrying out the functions of a rent tribunal shall consist of the chairman of the committee sitting alone.]

Textual Amendments

F267 Sch. 10 para. 6A inserted by Housing Act 1980 (c. 51, SIF 61), s. 71(2)

7 There shall be paid to members of panels such remuneration and allowances as the Secretary of State, with the consent of [F268 the Treasury], may determine.

Textual Amendments

F268 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

[F269 7A The Secretary of State may, with the consent of [F270 the Treasury], provide for the payment of pensions, allowances or gratuities to or in respect of any person nominated to act as president or vice-president of a panel.]

Textual Amendments

F269 Sch. 10 para. 7A inserted by Housing Act 1980 (c. 51, SIF 61), s. 148

F270 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

8 The President of the panel may appoint, with the approval of the Secretary of State as to numbers, such clerks and other officers and servants of rent assessment committees as he thinks fit, and there shall be paid to the clerks and other officers and servants such salaries and allowances as the Secretary of State, with the consent of [F271 the Treasury], may determine.

Textual Amendments

F271 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

9 There shall be paid out of moneys provided by Parliament—

(a) the remuneration and allowances of members of panels;

(b) the salaries and allowances of clerks and other officers and servants appointed under this Schedule; and

(c) such other expenses of a panel as [F272 the Treasury] may determine.

Textual Amendments

F272 Words substituted by virtue of S.1. 1981/1670, arts. 2(2), 3(5)

10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F273

Textual Amendments

F273 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Section 67.

SCHEDULE 11 E+W Applications for Registration of Rent

Part I E+W Application Unsupported by Certificate of Fair Rent

Procedure on application to rent officer E+W

1 E+W On receiving any application for the registration of a rent, the rent officer may, by notice in writing served on the landlord or on the tenant (whether or not the applicant or one of the applicants), require him to give to the rent officer, within such period of not less than 7 days from the service of the notice as may be specified in the notice, such information as he may reasonably require regarding such of the particulars contained in the application as may be specified in the notice.

[F274 2 (1) Where the application is made jointly by the landlord and the tenant and it appears to the rent officer, after making such inquiry, if any, as he thinks fit and considering any information supplied to him in pursuance of paragraph I above, that the rent specified in the application is a fair rent, he may register that rent without further proceedings. E+W

(2) Where the rent officer registers a rent under this paragraph he shall notify the landlord and tenant accordingly. ]]

Textual Amendments

F274 Sch. 11 paras. 2-3A substituted (28.11.1980 as respects applications for the registration of a rent made after coming into operation of the amending Regulations) for Sch. 11 paras. 2, 3 by S.I. 1980/1696, reg. 2, Sch. I para. 1 (the broadly similar amendments made by Housing Act 1980 (c. 51), ss. 59(3), 153(4), Sch. 6 para. 2 are not now expected to be brought into operation and are not reproduced here, see Explanatory Note to S.I. 1980/1696)

F275 [3 (1) In the case of an application which does not fall within paragraph 2 above, the rent officer shall serve on the landlord and on the tenant a notice inviting the person on whom the notice is served to state in writing, within a period of not less than seven days after the service of the notice, whether he wishes the rent officer to consider, in consultation with the landlord and the tenant, what rent ought to be registered for the dwelling-house. E+W

(2) A notice served under sub-paragraph (1) above on the person who did not make the application shall be accompanied—

(a) by a copy of the application; and

(b) where, in pursuance of section 67(2)(b), the application was accompanied by details of the landlord’s expenditure in connection with the provisions of services, by a copy of those details.]

Textual Amendments

F275 Sch. 11 paras. 2-3A substituted (28.11.1980 as respects applications for the registration of a rent made after coming into operation of the amending Regulations) for Sch. 11 paras. 2, 3 by S.I. 1980/1696, reg. 2, Sch. I para. 1 (the broadly similar amendments made by Housing Act 1980 (c. 51), ss. 59(3), 153(4), Sch. 6 para. 2 are not now expected to be brought into operation and are not reproduced here, see Explanatory Note to S.I. 1980/1696)

F276 [3A E+W If, after service of a notice by the rent officer under paragraph 3(1) above, no request in writing is made within the period specified in the notice for the rent to be considered as mentioned in that paragraph, the rent officer after considering what rent ought to be registered or, as the case may be, whether a different rent ought to be registered, may—

(a) determine a fair rent and register it as the rent for the dwelling-house; or

(b) confirm the rent for the time being registered and note the confirmation in the register; or

(c) serve a notice under paragraph 4(2) below.

Textual Amendments

F276 Sch. 11 paras. 2-3A substituted (28.11.1980 as respects applications for the registration of a rent made after coming into operation of the amending Regulations) for Sch. 11 paras. 2, 3 by S.I. 1980/1696, reg. 2, Sch. I para. 1 (the broadly similar amendments made by Housing Act 1980 (c. 51), ss. 59(3), 153(4), Sch. 6 para. 2 are not now expected to be brought into operation and are not reproduced here, see Explanatory Note to S.I. 1980/1696)

4 [F277 (1) Where, in response to a notice served by the rent officer under paragraph 3(1) above, the landlord or the tenant states in writing that he wishes the rent to be considered as mentioned in that paragraph, the rent officer shall serve a notice under this paragraph.] E+W

(2) A notice under this paragraph shall be served on the landlord and on the tenant informing them that the rent officer proposes, at a time (which shall not be earlier than 7 days after the service of the [F278 notice, or 14 days in a case failing within paragraph 3(2)(b) above,] and place specified in the notice, to consider in consultation with the landlord and the tenant, or such of them as may appear at that time and place, what rent ought to be registered for the dwelling-house or, as the case may be, whether a different rent ought to be so registered.

(3) At any such consultation the landlord and the tenant may each be represented by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor.

[F279 (4) The rent officer may, where he considers it appropriate, arrange for consultations in respect of one dwelling-house to be held together with consultations in respect of one or more other dwelling-houses.]

Textual Amendments

F277 Sch. 11 para. 4(1) substituted (28.11.1980 as respects applications for the registration of a rent made after coming into operation of the amending Regulations) by S.I. 1980/1696, reg. 2, Sch. I para. 2 (the broadly similar amendment made by Housing Act 1980 (c. 51), ss. 59(3), 153(4), Sch. 6 para. 3 is not now expected to be brought into operation and is not reproduced here, see Explanatory Note to S.I. 1980/1696)

F278 Words in Sch. 11 para. 4(2) substituted (28.11.1980 as respects applications for the registration of a rent made after coming into operation of the amending Regulations) by S.I. 1980/1696, reg. 2, Sch. I para. 3 (the broadly similar amendment made by Housing Act 1980 (c. 51), ss. 59(3), 153(4), Sch. 6 para. 4 is not now expected to be brought into operation and is not reproduced here, see Explanatory Note to S.I. 1980/1696)

F279 Sch. 11 para. 4(4) inserted (28.11.1980 as respects applications for the registration of a rent made after coming into operation of the amending Regulations) by S.I. 1980/1696, reg. 2, Sch. I para. 4 (the broadly similar amendment made by Housing Act 1980 (c. 51), ss. 59(3), 153(4), Sch. 6 para. 5 is not now expected to be brought into operation and is not reproduced here, see Explanatory Note to S.I. 1980/1696)

5 E+W After considering, in accordance with paragraph 4 above, what rent ought to be registered or, as the case may be, whether a different rent ought to be registered, the rent officer shall, as the case may require,—

(a) determine a fair rent and register it as the rent for the dwelling-house; or

(b) confirm the rent for the time being registered and note the confirmation in the register;

[F280 5A E+W Where a rent has been registered or confirmed by the rent officer under paragraph 3A or 5 above, he shall] notify the landlord and the tenant accordingly by a notice stating that if, with 28 days of the service of the notice or such longer period as he or a rent assessment committee may allow, an objection in writing is received by the rent officer from the landlord or the tenant the matter will be referred to a rent assessment committee.

Textual Amendments

F280 Words in Sch. 11 para. 5 substituted and renumbered as Sch. 11 para. 5A (28.11.1980 as respects applications for the registration of a rent made after coming into operation of the amending Regulations) by S.I. 1980/1696, reg. 2, Sch. I para. 5 (the broadly similar amendment made by Housing Act 1980 (c. 51), ss. 59(3), 153(4), Sch. 6 para. 6 is not now expected to be brought into operation and is not reproduced here, see Explanatory Note to S.I. 1980/1696)

6 (1) If such an objection as is mentioned in paragraph [F281 5A] above is received, then— E+W

(a) if it is received within the period of 28 days specified in that paragraph or a rent assessment committee so direct, the rent officer shall refer the matter to a rent assessment committee;

(b) if it is received after the expiry of that period the rent officer may either refer the matter to a rent assessment committee or seek the directions of a rent assessment committee whether so to refer it.

(2) The rent officer shall indicate in the register whether the matter has been referred to a rent assessment committee in pursuance of this paragraph.

Textual Amendments

F281 Word in Sch. 11 para. 6(1) substituted (28.11.1980 as respects applications for the registration of a rent made after coming into operation of the amending Regulations) by S.I. 1980/1696, reg. 2, Sch. I para. 6 (the broadly similar amendment made by Housing Act 1980 (c. 51), ss. 59(3), 153(4), Sch. 6 para. 7 is not now expected to be brought into operation and is not reproduced here, see Explanatory Note to S.I. 1980/1696)

Determination of fair rent by rent assessment committee E+W

7 (1) The rent assessment committee to whom a matter is referred under paragraph 6 above— E+W

(a) may by notice in the prescribed form served on the landlord or the tenant require him to give to the committee, within such period of not less than 14 days from the service of the notice as may be specified in the notice, such further information, in addition to any given to the rent officer in pursuance of paragraph 1 above, as they may reasonably require; and

(b) shall serve on the landlord and on the tenant a notice specifying a period of not less than [F282 7 days] from the service of the notice during which either representations in writing or a request to make oral representations may be made by him to the committee.

(2) If any person fails without reasonable cause to comply with any notice served on him under sub-paragraph (1)(a) above, he shall be liable on a first conviction to a fine not exceeding £50 and on a second or subsequent conviction, to a fine not exceeding £100.

(3) Where an offence under sub-paragraph (2) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Textual Amendments

F282 Words substituted by S.I. 1981/1783, reg. 3

Modifications etc. (not altering text)

C47 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

8 E+W Where, within the period specified in paragraph 7(1)(b) above, or such further period as the committee may allow, the landlord or the tenant requests to make oral representations the committee shall give him an opportunity to be heard either in person or by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor.

9 (1) The committee shall make such inquiry, if any, as they think fit and consider any information supplied or representation made to them in pursuance of paragraph 7 or paragraph 8 above and— E+W

(a) if it appears to them that the rent registered or confirmed by the rent officer is a fair rent, they shall confirm that rent;

(b) if it does not appear to them that that rent is a fair rent, they shall determine a fair rent for the dwelling-house.

(2) Where the committee confirm or determine a rent under this paragraph they shall notify the landlord, the tenant and the rent officer [F283 of their decision and on which it was made].

(3) On receiving the notification, the rent officer shall, as the case may require, either indicate in the register that the rent has been confirmed or register the rent determined by the committee as the rent for the dwelling-house.

Textual Amendments

F283 Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 61(7)

Interim registration of rent E+W

[F284 9A In this Schedule references to a fair rent in relation to an application under section 67A of this Act are references to the amount to be registered under section 70A(1)(b) of this Act.]

Textual Amendments

F284 Sch. 11 para. 9A inserted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para.7

Valid from 01/02/1999

[F285 Maximum Fair Rent E+W

Textual Amendments

F285 Sch. 11 para. 9B and crossnote inserted (1.2.1999) by S.I. 1999/6, art. 3, Sch.

F286 9B E+W This Schedule has effect subject to article 2 of the Rent Acts (Maximum Fair Rent) Order 1999 and accordingly–

(a) the rent officer, in considering what rent ought to be registered, shall consider whether that article applies; and

(b) where a matter is referred to them, the committee shall consider whether that article applies and, where it does apply, they shall not, subject to paragraph (5) of that article, confirm or determine a rent for the dwelling-house that exceeds the maximum fair rent calculated in accordance with that article.]

Textual Amendments

F286 Sch. 11 para. 9B inserted (1.2.1999) by S.I. 1999/6, art. 3, Sch.

Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F287 E+W

Textual Amendments

F287 Sch. 11 Pt. II (paras. 10–14) repealed (with saving) by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 17 para. 22, Sch. 18 (Sch. 11 paras. 13 and 14 are also expressed to be repealed by Housing Act 1980 (c. 51, SIF 61), s. 152, Sch. 26)

Part III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F288 E+W

Textual Amendments

F288 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

SCHEDULE 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F289 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F289 Sch. 12 repealed (with saving) by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 17 para. 22, Sch. 18

SCHEDULE 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F290 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F290 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Section 92.

SCHEDULE 14 E+W Conversion of Housing Association Tenancies into Regulated Tenancies

1 (1) This paragraph applies in any case where— E+W

(a) a tenancy of a dwelling-house under which the interest of the landlord belonged to a housing association came to an end at a time before 1st April 1975, and

(b) on the date when it came to an end, the tenancy was one to which Part VIII of the 1972 Act (which is superseded by Part VI of this Act) applied, and

(c) if the tenancy had come to an end on 1st April 1975 it would, by virtue of section 18(1) of the 1974 Act have then been a protected tenancy for the purposes of the M54 Rent Act 1968.

(2) If on 1st April 1975 a person who was the tenant under the tenancy which came to an end duly retained possession of the dwelling-house, he shall be deemed to have done so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant.

(3) If on 1st April 1975 a person duly retained possession of the dwelling-house as being a person who, in the circumstances described in sub-paragraph (5) below, would have been the first successor, within the meaning of Schedule 1 to the M55 Rent Act 1968, he shall be deemed to have done so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 2 or 3 of Schedule 1 to this Act.

(4) If on 1st April 1975 a person duly retained possession of the dwelling-house as being a person who, in the circumstances described in sub-paragraph (5) below, would have become the statutory tenant on the death of a first successor, he shall be deemed to have done so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 6 or 7 of Schedule 1 to this Act.

(5) The circumstances mentioned in sub-paragraphs (3) and (4) above are that—

(a) the tenant under the tenancy, or any person to whom the dwelling-house or any part thereof had been lawfully sublet has died; and

(b) if the deceased had been the original tenant within the meaning of Schedule 1 to the M56 Rent Act 1968, the person duly retaining possession of the dwelling-house would have been the first successor within the meaning of that Schedule or would have become the statutory tenant on the death of that first successor.

(6) References in this paragraph to a person duly retaining possession of a dwelling-house are references to his retaining possession without any order for possession having been made or, where such an order has been made—

(a) during any period while its operation is postponed or its execution is suspended; or

(b) after it has been rescinded.

(7) Subject to sub-paragraph (8) below, the tenancy referred to in sub-paragraph (1) above shall be treated as the original contract of tenancy for the purposes of section 3 of this Act in relation to a statutory tenancy imposed by any of subparagraphs (2) to (4) above.

(8) The High Court or the county court may by order vary all or any of the terms of a statutory tenancy imposed by any of sub-paragraphs (2) to (4) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by sections 46 and 47 of this Act).

Marginal Citations

M54 1968 c. 23.

M55 1968 c. 23.

M56 1968 c. 23.

2 (1) If, in a case where either a tenancy has become a protected tenancy by virtue of section 18(1) of the 1974 Act or by virtue or subsections (1) and (3) of section 15 of this Act or a statutory tenancy has been imposed by virtue of paragraph 1 above— E+W

(a) a rent (the “previous registered rent”) was registered for the dwelling-house at a time when Part VIII of the 1972 Act or Part VI of this Act applied to that tenancy or, as the case may be, to the tenancy referred to in paragraph 1(1) above; and

(b) a rent has subsequently been registered for the dwelling-house under Part IV of this Act but the rent so registered is less than the previous registered rent,

then subject to paragraph 4 below, until such time as a rent is registered under Part IV which is higher than the previous registered rent, the contractual rent limit or, as the case may be, the maximum rent recoverable during any statutory period of the regulated tenancy concerned shall be the previous registered rent.

(2) If in a case falling within sub-paragraph (1) above, the Secretary of State has, in a direction under section 90 of this Act, specified a rent limit for the dwelling-house higher than the previous registered rent, then, during the period for which that direction has effect as mentioned in that section, sub-paragraph (1) above shall have effect with the substitution for any reference to the previous registered rent of a reference to the rent limit so specified.

(3) Nothing in this paragraph shall affect the operation of section 73 of this Act and, accordingly, where the registration of a rent is cancelled in accordance with that section, sub-paragraph (1) above shall cease to apply in relation to the rent of the dwelling-house concerned.

3 (1) This paragraph applies for the purposes of the application of Part III of this Act in relation to— E+W

(a) a tenancy which has become a protected tenancy by virtue of section 18(1) of the 1974 Act or by virtue of subsections (1) and (3) of section 15 of this Act,

(b) a statutory tenancy arising on the termination of such a tenancy, and

(c) a statutory tenancy imposed by virtue of paragraph 1 above,

in any case where at the time when Part VIII of the 1972 Act or Part VI of this Act applied to the tenancy referred to in paragraph (a) above or, as the case may require, paragraph 1(1) above, section 83(3) of the 1972 Act or section 88(4) of this Act, applied.

(2) Where this paragraph applies, the rent limit applicable to the tenancy or statutory tenancy referred to in sub-paragraph (1) above shall be deemed to be (or, as the case may be, to have been) the contractual rent limit under the relevant tenancy, but without prejudice to the subsequent registration of a rent for the dwelling-house under Part IV of this Act or (during the currency of a protected tenancy) the making of an agreement under section 51 of this Act increasing the rent payable.

(3) Sub-paragraph (2) above shall have effect notwithstanding the repeal by the 1972 Act of section 20(3) of the M57 Rent Act 1968 (contractual rent limit before registration), but nothing in this paragraph shall be taken as applying any provisions of section 88 of this Act to a tenancy at a time when it is a protected tenancy.

(4) In this paragraph “the relelvant tenancy” means—

(a) in the case of a tenancy falling within sub-paragraph (1)(a) above, that tenancy;

(b) in the case of a statutory tenancy falling within sub-paragraph (1)(b) above, the tenancy referred to in sub-paragraph (1)(a) above; and

(c) in the case of a statutory tenancy falling within sub-paragraph (1)(c) above, the protected tenancy referred to in sub-paragraph (2) of paragraph 1 above or, in a case where sub-paragraph (3) or (4) of that paragraph applies, a notional protected tenancy which, when taken with that regulated tenancy would, by virtue of section 18(2) of this Act, be treated for the purposes of this Act as constituting one regulated tenancy when taken together with the statutory tenancy.

Marginal Citations

M57 1968 c. 23.

4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F291

Textual Amendments

F291 Sch. 14 para. 4 repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

5 (1) This paragraph has effect with respect to the application of Schedule 9 to this Act in relation to a regulated tenancy consisting of— E+W

(a) a tenancy which has become a protected tenancy by virtue of section 18(1) of the 1974 Act or by virtue of subsections (1) and (3) of section 15 of this Act, or

(b) a statutory tenancy imposed by virtue of paragraph 1 above,

together with any subsequent statutory tenancy which, when taken with that regulated tenancy, is by virtue of section 18(2) of this Act treated for the purposes of this Act as constituting one regulated tenancy.

(2) For the purposes of paragraph 1(1)(b) of Schedule 9, a tenancy falling within sub-paragraph (1)(a) above shall be deemed to have been a regulated tenancy throughout the period when Part VIII of the 1972 Act or Part VI of this Act applied to it.

(3) In the case of a regulated tenancy falling within sub-paragraph (1)(b) above, paragraph 1(1)(b) of Schedule 9 shall have effect as if the reference to the completion of works during the existence of the regulated tenancy included a reference to their completion during the period beginning on the day on which Part VIII of the 1972 Act or Part VI of this Act first applied to the tenancy referred to in paragraph 1(1) above and ending on the day on which the regulated tenancy came into existence.

(4) The reference in paragraph 3(1) of Schedule 9 to notices of increase authorised by this Act shall include a reference to notices of increase under section 87 of the 1972 Act.

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F292

Textual Amendments

F292 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

7 E+W In the application of section 70 of this Act in relation to a tenancy which has become a protected tenancy by virtue of section 18(1) of the 1974 Act or by virtue of subsections (1) and (3) of section 15 of this Act or a statutory tenancy which is imposed by virtue of paragraph 1 above, the reference in subsection (3) to a failure to comply with any terms of a regulated tenancy or to carrying out an improvement includes a reference to a failure occuring or an improvement carried out before the tenancy became a regulated tenancy or, as the case may be, before the statutory tenancy was imposed.

8 E+W In this Schedule “the 1972 Act” means the M58 Housing Finance Act 1972 and “the 1974 Act” means the M59 Housing Act 1974.

Marginal Citations

M58 1972 c. 47.

M59 1974 c. 44.

Section 98.

SCHEDULE 15 E+W Grounds for Possession of Dwelling-Houses Let on or Subject to Protected or Statutory Tenancies

Part I E+W Cases in Which Court May Order Possession

Case 1 E+W

Where any rent lawfully due from the tenant has not been paid, or any obligation of the protected or statutory tenancy which arises under this Act, or—

(a) in the case of a protected tenancy, any other obligation of the tenancy, in so far as is consistent with the provisions of Part VII of this Act, or

(b) in the case of a statutory tenancy, any other obligation of the previous protected tenancy which is applicable to the statutory tenancy.

has been broken or not performed.

Case 2 E+W

Where the tenant or any person residing or lodging with him or any sub-tenant of his has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the dwelling-house or allowing the dwelling-house to be used for immoral or illegal purposes.

Case 3 E+W

Where the condition of the dwelling-house has, in the opinion of the court, deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any person residing or lodging with him or any sub-tenant of his and, in the case of any act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, where the court is satisfied that the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant, as the case may be.

Case 4 E+W

Where the condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any person residing or lodging with him or any sub-tenant of his and, in the case of any ill-treatment by a person lodging with the tenant or a sub-tenant of his, where the court is satisfied that the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant, as the case may be.

Case 5 E+W

Where the tenant has given notice to quit and, in consequence of that notice, the landlord has contracted to sell or let the dwelling-house or has taken any other steps as the result of which he would, in the opinion of the court, be seriously prejudiced if he could not obtain possession.

Case 6 E+W

Where, without the consent of the landlord, the tenant has, at any time after—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F293

(b) 22nd March 1973, in the case of a tenancy which became a regulated tenancy by virtue of section 14 of the M60 Counter-Inflation Act 1973;

[F294 (bb) the commencement of section 73 of the Housing Act 1980, in the case of a tenancy which became a regulated tenancy by virtue of that section.]

(c) 14th August 1974, in the case of a regulated furnished tenancy; or

(d) 8th December 1965, in the case of any other tenancy,

assigned or sublet the whole of the dwelling-house or sublet part of the dwelling-house, the remainder being already sublet.

Textual Amendments

F293 Case 6 para. (a) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F294 Case 6 para. (bb) inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 8 para. 2

Marginal Citations

M60 1973 c. 9.

Case 7 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F295

Textual Amendments

F295 Case 7 repealed by Housing Act 1980 (c. 51, SIF61), Sch. 26

Case 8 E+W

Where the dwelling-house is reasonably required by the landlord for occupation as a residence for some person engaged in his whole-time employment, or in the whole-time employment of some tenant from him or with whom, conditional on housing being provided, a contract for such employment has been entered into, and the tenant was in the employment of the landlord or a former landlord, and the dwelling-house was let to him in consequence of that employment and he has ceased to be in that employment.

Case 9 E+W

Where the dwelling-house is reasonably required by the landlord for occupation as a residence for—

(a) himself, or

(b) any son or daughter of his over 18 years of age, or

(c) his father or mother, or

(d) if the dwelling-house is let on or subject to a regulated tenancy, the father or mother of his wife or husband,

and the landlord did not become landlord by purchasing the dwelling-house or any interest therein after—

(i) 7th November 1956, in the case of a [F296 tenancy which was then a controlled tenancy];

(ii) 8th March 1973, in the case of a tenancy which became a regulated tenancy by virtue of section 14 of the M61 Counter-Inflation Act 1973;

(iii) 24th May 1974, in the case of a regulated furnished tenancy; or

(iv) 23rd March 1965, in the case of any other tenancy.

Textual Amendments

F296 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 57 in relation to any tenancy which was a controlled tenancy on 7.11.1956 notwithstanding that it ceased to be a controlled tenancy before 28.11.1980

Marginal Citations

M61 1973 c. 9.

Case 10 E+W

Where the court is satisfied that the rent charged by the tenant—

(a) for any sublet part of the dwelling-house which is a dwelling-house let on a protected tenancy or subject to a statutory tenancy is or was in excess of the maximum rent for the time being recoverable for that part, having regard to . . . F297 Part III of this Act, or

(b) for any sublet part of the dwelling-house which is subject to a restricted contract is or was in excess of the maximum (if any) which it is lawful for the lessor, within the meaning of Part V of this Act to require or receive having regard to the provisions of that Part.

Textual Amendments

F297 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Part II E+W Cases in Which Court Must Order Possession Where Dwelling-House Subject to Regulated Tenancy

Case 11 E+W

[F298 Where a person (in this Case referred to as “the owner-occupier”) who let the dwelling-house on a regulated tenancy had, at any time before the letting, occupied it as his residence] and—

(a) not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case, and

(b) the dwelling-house has not, since—

(i) 22nd March 1973, in the case of a tenancy which became a regulated tenancy by virtue of section 14 of the M62 Counter-Inflation Act 1973;

(ii) 14th August 1974, in the case of a regulated furnished tenancy; or

(iii) 8th December 1965, in the case of any other tenancy,

been let by the owner-occupier on a protected tenancy with respect to which the condition mentioned in paragraph (a) above was not satisfied, and

[F299 (c) the court is of the opinion that, of the conditions set out in Part V of this Schedule one of those in paragraphs (a) and (c) to (f) is satisfied.]

If the court is of the opinion that, notwithstanding that the condition in paragraph (a) or (b) above is not complied with, it is just and equitable to make and order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs, as the case may require.

The giving of a notice before 14th August 1974 under section 79 of the M63 Rent Act 1968 shall be treated, in the case of a regulated furnished tenancy, as compliance with paragraph (a) of this case. [F300 Where the dwelling-house has been let by the owner-occupier on a protected tenancy (in this paragraph referred to as “the earlier tenancy”) granted on or after 16th November 1984 but not later than the end of the period of two months beginning with the commencement of the Rent (Amendment) Act 1985 and either—

(i)

the earlier tenancy was granted for a term certain (whether or not to be followed by a further term or to continue thereafter from year to year or some other period) and was during that term a protected shorthold tenancy as defined in section 52 of the Housing Act M64 1980, or

(ii)

the conditions mentioned in paragraphs (a) to (c) of Case 20 were satisfied with respect to the dwelling-house and the earlier tenancy,

then for the purposes of paragraph (b) above the condition in paragraph (a) above is to be treated as having been satisfied with respect to the earlier tenancy.]

Textual Amendments

F298 Sch. 15 Pt.IICase 11: Words from “Where” to “residence” substituted for words from the beginning to “tenancy” by Rent (Amendment) Act 1985 (c. 24, SIF 75:3, 4), s. 1(1)(4)

F299 Case 11 para. (c) substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 66(1)(5)(6)

F300 Sch. 15 Pt.IICase 11: Words added at the end by Rent (Amendment) Act 1985 (c. 24, SIF 75:3, 4) s. 1(2)(4)

Marginal Citations

M62 1973 c. 9.

M63 1968 c. 23.

M64 1980 c.51 (61).

Case 12 E+W

[F301 Where the landlord (in this Case referred to as “the owner”) intends to occupy the dwelling-house as his residence at such time as he might retire from regular employment and has let] it on a regulated tenancy before he has so retired and—

(a) not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case; and

(b) the dwelling-house has not, since 14th August 1974, been let by the owner on a protected tenancy with respect to which the condition mentioned in paragraph (a) above was not satisfied; and

[F302 (c) the court is of the opinion that of the conditions set out in Part V of this Schedule one of those in paragraphs (b) to (e) is satisfied.]

If the court is of the opinion that, notwithstanding that the condition in paragraph (a) or (b) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs, as the case may require.

Textual Amendments

F301 Words substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 66(4)(5)

F302 Case 12 para. (c) substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 66(2)(5)(6)

Case 13 E+W

Where the dwelling-house is let under a tenancy for a term of years certain not exceeding 8 months and—

(a) not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case; and

(b) the dwelling-house was, at some time within the period of 12 months ending on the relevant date, occupied under a right to occupy it for a holiday.

For the purposes of this Case a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term.

Case 14 E+W

Where the dwelling-house is let under a tenancy for a term of years certain not exceeding 12 months and—

(a) not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case; and

(b) at some time within the period of 12 months ending on the relevant date, the dwelling-house was subject to such a tenancy as is referred to in section 8(1) of this Act.

For the purposes of this Case a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term.

Case 15 E+W

Where the dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—

(a) not later than the relevant date the tenant was given notice in writing that possession might be recovered under this Case, and

(b) the court is satisfied that the dwelling-house is required for occupation by a minister of religion as such a residence.

Case 16 E+W

Where the dwelling-house was at any time occupied by a person under the terms of his employment as a person employed in agriculture, and

(a) the tenant neither is nor at any time was so employed by the landlord and is not the widow of a person who was so employed, and

(b) not later than the relevant date, the tenant was given notice in writing that possession might be recovered under this Case, and

(c) the court is satisfied that the dwelling-house is required for occupation by a person employed, or to be employed, by the landlord in agriculture.

For the purposes of this Case “employed”, “employment” and “agriculture” have the same meanings as in the M65 Agricultural Wages Act 1948.

Marginal Citations

M65 1948 c. 47.

Case 17 E+W

Where proposals for amalgamation, approved for the purposes of a scheme under section 26 of the M66 Agriculture Act 1967, have been carried out and, at the time when the proposals were submitted, the dwelling-house was occupied by a person responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the land comprised in the amalgamation and

(a) after the carrying out of the proposals, the dwelling-house was let on a regulated tenancy otherwise than to, or to the widow of, either a person ceasing to be so responsible as part of the amalgamation or a person who is, or at any time was, employed by the landlord in agriculture, and

(b) not later than the relevant date the tenant was given notice in writing that possession might be recovered under this Case, and

(c) the court is satisfied that the dwelling-house is required for occupation by a person employed, or to be employed, by the landlord in agriculture, and

(d) the proceedings for possession are commenced by the landlord at any time during the period of 5 years beginning with the date on which the proposals for the amalgamation were approved or, if occupation of the dwelling-house after the amalgamation continued in, or was first taken by, a person ceasing to be responsible as mentioned in paragraph (a) above or his widow, during a period expiring 3 years after the date on which the dwelling-house next became unoccupied.

For the purposes of this Case “employed” and “agriculture” have the same meanings as in the M67 Agricultural Wages Act 1948 and “amalgamation” has the same meaning as in Part II of the M68 Agriculture Act 1967.

Marginal Citations

M66 1967 c. 22.

M67 1948 c. 47.

M68 1967 c. 22.

Case 18 E+W

Where—

(a) the last occupier of the dwelling-house before the relevant date was a person, or the widow of a person, who was at some time during his occupation responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of land which formed, together with the dwelling-house, an agricultural unit within the meaning of the M69 Agriculture Act 1947, and

(b) the tenant is neither—

(i) a person, or the widow of a person, who is or has at any time been responsible for the control of the farming of any part of the said land, nor

(ii) a person, or the widow of a person, who is or at any time was employed by the landlord in agriculture, and

(c) the creation of the tenancy was not preceded by the carrying out in connection with any of the said land of an amalgamation approved for the purposes of a scheme under section 26 of the M70 Agriculture Act 1967, and

(d) not later than the relevant date the tenant was given notice in writing that possession might be recovered under this Case, and

(e) the court is satisfied that the dwelling-house is required for occupation either by a person responsible or to be responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the said land or by a person employed or to be employed by the landlord in agriculture, and

(f) in a case where the relevant date was before 9th August 1972, the proceedings for possession are commenced by the landlord before the expiry of 5 years from the date on which the occupier referred to in paragraph (a) above went out of occupation.

For the purposes of this Case “employed” and “agriculture” have the same meanings as in the M71 Agricultural Wages Act 1948 and “amalgamation” has the same meaning as in Part II of the M72 Agriculture Act 1967.

Marginal Citations

M69 1947 c. 48.

M70 1967 c. 22.

M71 1948 c. 47.

M72 1967 c. 22.

[F303 Case 19] E+W

Textual Amendments

F303 Case 19 added by Housing Act 1980 (c. 51, SIF 61), s. 55

Where the dwelling-house was let under a protected shorthold tenancy (or is treated under section 55 of the Housing Act 1980 as having been so let) and—

(a) there either has been no grant of a further tenancy of the dwelling-house since the end of the protected shorthold tenancy or, if there was such a grant, it was to a person who immediately before the grant was in possession of the dwelling-house as a protected or statutory tenant; and

(b) the proceedings for possession were commenced after appropriate notice by the landlord to the tenant and not later than months after the expiry of the notice.

A notice is appropriate for this Case if—

(i)

it is in writing and states that proceedings for possession under this Case may be brought after its expiry; and

(ii)

it expires not earlier than 3 months after it is served nor, if, when it is served, the tenancy is a periodic tenancy, before that periodic tenancy could be brought to an end by a notice to quit served by the landlord on the same day;

(iii)

it is served—

(a)

in the period of 3 months immediately preceding the date on which protected shorthold tenancy comes to an end; or

(b)

if that date has passed, in the period of 3 months immediately preceding any anniversary of that date; and

(iv)

in a case where a previous notice has been served by the landlord on the tenant in respect of the dwelling-house, and that notice was an appropriate notice, it is served not earlier than 3 months after the expiry of the previous notice.

[F304 Case 20] E+W

Textual Amendments

F304 Case 20 added by Housing Act 1980 (c. 51, SIF 61), s. 67

Where the dwelling-house was let by a person (in this Case referred to as “the owner”) at any time after the commencement of section 67 of the Housing 1980 c. 5 1. Act 1980 and—

(a) at the time when the owner acquired the dwelling-house he was a member of the regular armed forces of the Crown;

(b) at the relevant date the owner was a member of the regular armed forces of the Crown;

(c) not later than the relevant date the owner gave notice in writing to the tenant that possession might be recovered under this Case;

(d) the dwelling-house has not, since the commencement of section 67 of the Act of 1980 been let by the owner on a protected tenancy with respect to which the condition mentioned in paragraph (c) above was not satisfied; and

(e) the court is of the opinion that—

(i) the dwelling-house is required as a residence for the owner; or

(ii) of the conditions set out in Part V of this Schedule one of those in paragraphs (c) to (f) is satisfied.

If the court is of the opinion that, notwithstanding that the condition in paragraph (c) or (d) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of these paragraphs, as the case may require.

For the purposes of this Case “regular armed forces of the Crown” has the same meaning as in section 1 of the M73 House of Commons Disqualification Act 1975.

Marginal Citations

M73 1975 c. 24

Part III E+W Provisions Applicable to Case 9 and Part II of This Schedule

Provision for Case 9 E+W

1 E+W A court shall not make an order for possession of a dwelling-house by reason only that the circumstances of the case fall within Case 9 in Part I of this Schedule if the court is satisfied that, having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by granting the order than by refusing to grant it.

Provision for Part II E+W

2 E+W Any reference in Part II of this Schedule to the relevant date shall be construed as follows:—

(a) except in a case falling within paragraph (b) or (c) below, if the protected tenancy, or, in the case of a statutory tenancy, the previous contractual tenancy, was created before 8th December 1965, the relevant date means 7th June 1966; and

(b) except in a case falling within paragraph (c) below, if the tenancy became a regulated tenancy by virtue of section 14 of the M74 Counter-Inflation Act 1973 and the tenancy or, in the case of a statutory tenancy, the previous contractual tenancy, was created before 22nd March 1973, the relevant date means 22nd September 1973; and

(c) in the case of a regulated furnished tenancy, if the tenancy or, in the case of a statutory furnished tenancy, the previous contractual tenancy was created before 14th August 1974, the relevant date means 13th February 1975; and

(d) in any other case, the relevant date means the date of the commencement of the regulated tenancy in question.

Marginal Citations

M74 1973 c. 9.

Part IV E+W Suitable Alternative Accommodation

3 E+W For the purposes of section 98(1)(a) of this Act, a certificate of the [F305 local housing authority] for the district in which the dwelling-house in question is situated, certifying that the authority will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date.

Textual Amendments

F305 Words “local housing authority” substituted for words “housing authority” wherever occurring, by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(11)(a)

4 [F306 (1)] Where no such certificate as is mentioned in [F307 paragraph 3] above is produced to the court, accommodation shall be deemed to be suitable for the purposes of section 98(1)(a) of this Act if it consists of either— E+W

(a) premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy [F308 other than one under which the landlord might recover possession of the dwelling-house under one of the cases in Part II of this Schedule)], or

(b) premises to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Part VII of this Act in the case of a protected tenancy, [F308 or a kind mentioned in paragraph (a) above],

and, in the opinion of the court, the accommodation fulfils the relevant conditions as defined in paragraph 5 below.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F306

Textual Amendments

F306 Sch. 15 Pt. IV para. 4 renumbered as sub–paragraph (1) of that paragraph and after it a new sub–paragraph (2) inserted (the said paragraph 4(2) was repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18) by Housing and Planning Act 1986 (c. 63, SIF 75:3), s. 13(2)

F307 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 58

F308 Words inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 58

5 (1) For the purposes of paragraph 4 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either— E+W

(a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by any [F309 local housing authority] for persons whose needs as regards extent are, in the opinion of the court, similar to those of the tenant and of his family; or

(b) reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character; and

that if any furniture was provided for use under the protected or statutory tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family.

(2) For the purposes of sub-paragraph (1)(a) above, a certificate of a [F309 local housing authority] stating—

(a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and

(b) the amount of the rent charged by the authority for dwelling-houses affording accommodation of that extent,

shall be conclusive evidence of the facts so stated.

Textual Amendments

F309 Words “local housing authority” substituted for words “housing authority” wherever occurring, by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(11)(a)

6 E+W Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of the [F310 Part X of the Housing Act 1985].

Textual Amendments

F310 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(11)(b)

7 E+W Any document purporting to be a certificate of a [F311 local housing authority] named therein issued for the purposes of this Schedule and to be signed by the proper officer of that authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.

Textual Amendments

F311 Words “local housing authority” substituted for words “housing authority” wherever occurring, by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(11)(a)

[F312 8 E+W In this Part “local housing authority” and “district” in relation to such an authority have the same meaning as in the Housing Act 1985.]

Textual Amendments

F312 Sch. 15 Pt. IV para. 8 substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(11)(c)

[F313 Part V] E+W Provisions applying to Cases 11, 12 and 20

Textual Amendments

F313 Sch. 15 Pt. V inserted with savings by Housing Act 1980 (c. 51, SIF 61), s. 66(3)(6), Sch. 7

1 E+W In this Part of this Schedule—

“mortgage” includes a charge and “mortgagee” shall be construed accordingly;

“owner” means, in relation to Case 11, the owner-occupier; and

“successor” means any person deriving title from the owner, other than a purchaser for value or a person deriving title from a purchaser for value.

2 E+W The conditions referred to in Paragraph (c) in each of Cases 11 and 12 and in paragraph (e)(ii) of Case 20 are that—

(a) the dwelling-house is required as a residence for the owner or any member of his family who resided with the owner when he last occupied the dwelling-house as a residence;

(b) the owner has retired from regular employment and requires the dwelling-house as a residence;

(c) the owner has died and the dwelling-house is required as a residence for a member of his family who was residing with him at the time of his death;

(d) the owner has died and the dwelling-house is required by a successor in title as his residence or for the purpose of disposing of it with vacant possession;

(e) the dwelling-house is subject to a mortgage, made by deed and granted before the tenancy, and the mortgagee—

(i) is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and

(ii) requires the dwelling-house for he purpose of disposing of it with vacant possession in exercise of that power; and

(f) the dwelling-house is not reasonably suitable to the needs of the owner, having regard to his place of work, and he requires it for the purpose of disposing of it with vacant possession and of using the proceeds of that disposal in acquiring, as his residence, a dwelling-house which is more suitable to those needs.

Section 99.

SCHEDULE 16 E+W Further Grounds for Possession of Dwelling-Houses let on or subject to Tenancies to which Section 99 applies

Case I E+W

Alternative accommodation not provided or arranged by housing authority E+W

1 E+W The court is satisfied that suitable alternative accommodation is available for the tenant, or will be available for him when the order for possession takes effect.

2 E+W Accommodation shall be deemed suitable in this Case if it consists of—

(a) premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy, or

(b) premises which are to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Part VII of this Act in the case of a protected tenancy,

and, in the opinion of the court, the accommodation fulfils the conditions in paragraph 3 below.

3 (1) The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work and either— E+W

(a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by [F314 the local housing authority] for persons whose needs as regards extent are similar to those of the tenant and his family, or

(b) reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent and character.

(2) For the purposes of sub-paragraph (1)(a) above, a certificate of [F314 the local housing authority] stating—

(a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of each number as may be specified in the certificate, and

(b) the amount of the rent charged by [F314 the local housing authority] for dwelling-houses affording accommodation of that extent,

shall be conclusive evidence of the facts so stated.

(3) If any furniture was provided by the landlord for use under the tenancy, furniture must be provided for use in the alternative accommodation which is either similar, or is reasonably suitable to the needs of the tenant and his family.

Textual Amendments

F314 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(12)(a)

4 E+W Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of [F315 Part X of the Housing Act 1985].

Textual Amendments

F315 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(12)(b)

5 E+W Any document purporting to be a certificate of [F316 the local housing authority] issued for the purposes of this Case and to be signed by the proper officer of the authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.

Textual Amendments

F316 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(12)(a)

6 E+W In this Case no account shall be taken of accommodation as respects which an offer has been made, or notice has been given, as mentioned in paragraph 1 of Case II below.

[F317 7 E+W In this Case and in Case II below “the local housing authority” has the same meaning as in the Housing Act 1985.]

Textual Amendments

F317 Sch. 16 CASE I para. 7 substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(12)(c)

Case II E+W

Alternative accommodation provided or arranged by housing authority E+W

1 E+W [F318 The local housing authority] have made an offer in writing to the tenant of alternative accommodation which appears to them to be suitable, specifying the date when the accommodation will be available and the date (not being less than 14 days from the date of offer), by which the offer must be accepted.

or

[F318 The local housing authority] have given notice in writing to the tenant that they have received from a person specified in the notice an offer in writing to rehouse the tenant in alternative accommodation which appears to [F318 the local housing authority] to be suitable, and the notice specifies both the date when the accommodation will be available and the date (not being less than 14 days from the date when the notice was given to the tenant) by which the offer must be accepted.

Textual Amendments

F318 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(12)(a)

2 E+W The landlord shows that the tenant accepted the offer (by the housing authority or other person) within the time duly specified in the offer.

or

The landlord shows that the tenant did not so accept the offer, and the tenant does not satisfy the court that he acted reasonably in failing to accept the offer.

3 (1) The accommodation offered must in the opinion of the court fulfil the conditions of this paragraph. E+W

(2) The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work.

(3) The accommodation must be reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent.

4 E+W If the accommodation offered is available for a limited period only, the [F319 local housing authority’s offer] or notice under paragraph 1 of this Case must contain an assurance that other accommodation—

(a) the availability of which is not so limited,

(b) which appears to them to be suitable, and

(c) which fulfils the conditions in paragraph 3 above,

will be offered to the tenant as soon as practicable.

Textual Amendments

F319 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(12)(d)

Sections 18(4), 115.

SCHEDULE 17 E+W Converted Tenancies: Modification of Act

1 E+W In this Schedule—

• “converted tenancy” means a tenancy which has become a regulated tenancy by virtue of [F320 any of the enactments mentioned in section 18A of this Act.]

• “the conversion” means the time when the tenancy became a regulated tenancy.

Textual Amendments

F320 Words substituted for paras. (a)(b) by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 59(a)

2 E+W In relation to any rental period beginning after the conversion, sections 45 to 47 of this Act shall have effect as if references therein to the last contractual period were references to the last rental period beginning before the conversion.

3—4. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F321

Textual Amendments

F321 Sch. 17 paras. 3, 4 repealed with saving by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 59(b), Pt. II para. 78, Sch. 26

5 E+W Section 5(1) of this Act shall not apply to the converted tenancy after the conversion.

6 E+W Section 70 of this Act shall apply in relation to the converted tenancy as if the references in subsection (3) of that section to the tenant under the regulated tenancy included references to the tenant under the tenancy before the conversion.

7 E+W [F322 None of the enactments mentioned in section 18A of this Act shall] be taken as affecting any court proceedings, instituted under this Act (or, as the case may be, the M75 Rent Act 1968) before the conversion, which may affect the recoverable rent before the conversion, or the rent under the regulated tenancy after the conversion so far as that depends on the previous rent.

Textual Amendments

F322 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 59(c)

Marginal Citations

M75 1968 c. 23.

8 E+W Any court order in any proceedings to which paragraph 7 above applies which is made after the conversion may exclude from the effect of the order rent for any rental period beginning before the conversion, or for any later rental period beginning before the making of the order.

9 E+W Any right conferred on a tenant by section 38 of, or paragraph 6(4) of Schedule 6 to, this Act to recover any amount by deducting it from rent shall be exercisable by deducting it from rent for any rental period beginning after the conversion to the same extent as the right would have been exercisable if the conversion had not taken place.

10—11. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F323

Textual Amendments

F323 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Sections 120(5), 121, 127(1).

SCHEDULE 18 E+W Allowable Premiums

Part I E+W Premium Allowed on Assignment of Tenancy where Premium Lawfully Paid on Grant

1 (1) This Part of this Schedule applies where— E+W

(a) a premium was lawfully required and paid, or lawfully received, in respect of the grant, renewal or continuance of a protected tenancy of a dwelling-house which is a regulated tenancy; and

(b) since that grant, renewal or continuance the landlord has not granted a tenancy of the dwelling-house under which, as against the landlord, a person became entitled to possession, other than the person who was so entitled to possession of the dwelling-house immediately before that tenancy began; and

(c) a rent for the dwelling-house is registered under Part IV of this Act and the rent so registered is higher than the rent payable under the tenancy.

(2) Any reference in this Part of this Schedule to a premium does not include a premium which consisted only of any such outgoings, sum or amount as fall within section 120(3) of this Act and, in the case of a premium which included any such outgoings, sum or amount, so much only of the premium as does not consist of those outgoings, sum or amount shall be treated as the premium for the purposes of this Part of this Schedule.

2 E+W In a case where this Part of this Schedule applies, nothing in section 120 of this Act shall prevent any person from requiring or receiving, on an assignment of the protected tenancy referred to in paragraph 1(1)(a) above or any subsequent protected tenancy of the same dwelling-house, a premium which does not exceed an amount calculated (subject to paragraph 4 below) in accordance with the formula—

where

• P is the premium referred to in paragraph 1(1)(a) above;

• A is the length of the period beginning on the date on which the assignment in question takes effect and ending on the relevant date; and

• G is the length of the period beginning on the date of the grant, renewal or continuance in respect of which the premium was paid and ending on the relevant date.

3 (1) If, although the registered rent is higher than the rent payable under the tenancy, the lump sum equivalent of the difference is less than the premium, paragraph 2 above shall have effect as if P were the lump sum equivalent. E+W

(2) For the purposes of this Part of this Schedule, the lump sum equivalent of the difference between the two rents referred to in sub-paragraph (1) above shall be taken to be that difference multiplied by the number of complete rental periods falling within the period beginning with the grant, renewal or continuance in respect of which the premium was paid and ending on the relevant date.

4 E+W Where any rates in respect of the dwelling-house are borne by the landlord or a superior landlord, the amount of the registered rent shall be taken, for the purposes of this Part of this Schedule, to be increased by the amount of the rates so borne in respect of the rental period comprising the date from which the registration took effect.

5 (1) Any reference in this Part of this Schedule to the relevant date shall be construed in accordance with this paragraph. E+W

(2) Where the tenancy referred to in paragraph 1(1)(a) above was granted, renewed or continued for a term of years certain exceeding 7 years and that term has not expired when the assignment takes effect, the relevant date is the date of the expiry of that term.

(3) In any other case, the relevant date is the date of the expiry of 7 years from the commencement of the term, or, as the case may be, the renewal or continuance of the term in respect of which the premium was paid.

(4) For the purposes of this paragraph—

(a) a term of years shall be treated as certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term; and

(b) a term of years determinable by the landlord giving notice to determine it shall be treated as a term of years certain expiring on the earliest date on which such a notice given after the date of the assignment would be capable of taking effect.

Part II E+W Premium Allowed under Sections 121 and 127

6 E+W Where this Part of this Schedule applies to any tenancy and a premium was lawfully required and paid on the grant or an assignment of the tenancy, nothing in section 120 of this Act shall prevent any person from requiring or receiving, on an assignment of the tenancy, the fraction of the premium specified below (without prejudice, however, to his requiring or receiving a greater sum in a case where he may lawfully do so under Part I of this Schedule).

(2) If there was more than one premium, sub-paragraph (1) above shall apply to the last of them.

7 (1) The fraction is E+W

where

• X is the residue of the term of the tenancy at the date of the assignment, and

• Y is the term for which the tenancy was granted.

(2) Sub-paragraph (1) above shall apply where a tenancy has been assigned as it applies where a tenancy has been granted and then Y in the fraction shall be the residue, at the date of that assignment, of the term for which the tenancy was granted.

8 E+W Where the tenancy was granted on the surrender of a previous tenancy, and a premium had been lawfully required and paid on the grant or an assignment of the previous tenancy, the surrender value of the previous tenancy shall be treated, for the purposes of this Part of this Schedule, as a premium or, as the case may be, as part of the premium, paid on the grant of the tenancy.

9 E+W For the purposes of paragraph 8 above, the surrender value of the previous tenancy shall be taken to be the amount which, had the previous tenancy been assigned instead of being surrendered and had this Part of this Schedule applied to it, would have been the amount that could have been required and received on the assignment in pursuance of this Part of this Schedule.

10 E+W In determining for the purposes of this Part of this Schedule the amount which may or could have been required and received on the assignment of a tenancy terminable, before the end of the term for which it was granted, by notice to the tenant, that term shall be taken to be a term expiring at the earliest date on which such a notice given after the date of the assignment would have been capable of taking effect.

11 E+W In this Part of this Schedule “grant” includes continuance and renewal.

SCHEDULE 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F324 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F324 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Section 140.

SCHEDULE 20 E+W Modification of Act in Relation to Fire Precautions

Steps mentioned in certain notices under the M76 Fire Precautions Act 1971 to count as improvements for certain purposes of this Act E+W

Marginal Citations

M76 1971 c. 40.

1 (1) This paragraph applies where a dwelling which is the subject of a regulated . . . F325 tenancy consists of or is comprised in premises with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling as a dwelling. E+W

(2) The amount of any expenditure incurred by the landlord in taking, in relation to the relevant building, a step mentioned in a fire precaution notice served in connection with the premises, shall for the purposes of this Act be treated (whether or not apart from this paragraph it would be so treated) as expenditure incurred by the landlord on an improvement effected in the dwelling.

(3) If from the taking, in relation to the relevant building, of any such step as is referred to in sub-paragraph (2) above, there accrues benefit not only to the dwelling but also to other premises of the landlord comprised in the relevant building, the amount to be treated as mentioned in that sub-paragraph shall be so much only of the expenditure as may be determined, by agreement in writing between the landlord and the tenant or by the county court, to be properly apportionable to the dwelling, having regard to the benefit accruing, from the taking of the step, to the dwelling and the other premises.

(4) Any apportionment made by the county court under sub-paragraph (3) above shall be final.

(5) For the purposes of this paragraph, the amount of any expenditure shall be treated as diminished by the amount of any grant paid in respect of that expenditure under any enactment.

(6)(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F326

Textual Amendments

F325 Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F326 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

2 (1) This paragraph applies in relation to a dwelling-house consisting of or comprised in premises— E+W

(a) with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling-house as a dwelling; or

(b) which are the subject of an application for a fire certificate specifying as a use of the premises which it is desired to have covered by the certificate a use such that, if a certificate covering that use were issued, it would cover (in whatever terms) the use of the dwelling-house as a dwelling.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F327

Textual Amendments

F327 Sch. 20 para. 2(2) repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

Cases where rent is increased by virtue of section 28(3)(b) of the Act of 1971 E+W

3 (1) This paragraph applies where, in the case of any premises consisting of a dwelling-house let on a protected tenancy which is a regulated tenancy, the rent payable in respect of the premises is increased by a section 28 order. E+W

(2) If the increase takes effect while a rent for the dwelling-house is registered under Part IV of this Act, and was so registered before the completion of the relevant alterations—

(a) the contractual rent limit for any contractual period beginning while the registration of that rent continues to have effect shall be what it would be for that period under section 44(1) of this Act if the rent so registered had been simultaneously increased by the same amount (and the reference in section 71(3)(a) of this Act to the limit imposed by section 44(1) shall be construed accordingly); [F328 and]

(b) if the regulated tenancy of the dwelling-house becomes a statutory tenancy, section 45(2) of this Act shall have effect, in relation to any statutory period of that tenancy beginning while the registration of that rent continues to have effect, as if the rent so registered had been simultaneously increased by the same amount; . . . F329

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F330

(3) Where the rent payable under a tenancy to which Part VI of this Act applies is increased by a section 28 order, the rent limit for the dwelling-house under Part VI (including the rent limit specified in a direction of the Secretary of State) shall be increased by an amount equal to the increase effected by the order in the rent payable for the rental period in question.

(4) If, at any time after the court order takes effect, a rent is registered for the dwelling-house (whether it is the first or any subsequent registration) sub-paragraph (2) above shall not apply to any rental period beginning after that time.

Textual Amendments

F328 Word inserted (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 5(a), Sch. 2

F329 Word repealed (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 5(b), Sch. 2

F330 Sch. 20 para. 3(2)(c) repealed (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 5(c), Sch. 2

4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F331

Textual Amendments

F331 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Interpretation E+W

5 E+W In this Schedule—

• “contractual period” means a rental period of a regulated tenancy which is a period beginning before the expiry or termination of the protected tenancy;

• “contractual rent limit” has the meaning assigned to it by section 44(3) of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F332

• “fire certificate” has the meaning given in section 1(1) of the M77 Fire Precautions Act 1971;

• “fire precautions notice” means a notice served under section 5(4), 8(4) or (5) or 12(8)(b) of the Act of 1971;

• “landlord” includes a superior landlord;

• “notice of increase” means a notice of increase under section 28 of this Act;

• “relevant alterations” means the alterations or other things falling within section 28(3) of the Act of 1971 the expense of which was taken into account by the court in making a section 28 order;

• “rent limit” has the meaning assigned to it by section 27(3) of this Act;

• “section 28 order” means an order made by a court by virtue of section 28(3)(b) of the Act of 1971; and

• “statutory period” means any rental period of a regulated tenancy which is not a contractual period.

Textual Amendments

F332 Definition repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Marginal Citations

M77 1971 c. 40.

SCHEDULE 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F333 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F333 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

SCHEDULE 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F334 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F334 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Section 156.

X1 SCHEDULE 23 E+W Consequential Amendments

Editorial Information

X1 The text of Schs. 23 and 25 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F335

Textual Amendments

F335 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65) E+W

2 E+W In section 4(2) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a) for the words from “to which” to “Acts apply” substitute “ let on or subject to a protected tenancy or statutory tenancy within the meaning of the Rent Act 1977 ”; and

(b) for the words from “paragraph (a)” to “1933” substitute “ Case 1 in Schedule 15 to the Rent Act 1977 ”.

3 E+W In section 15 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a) in subsection (1), for “section 70(1) of the Rent Act 1968”, “section 78 of the Rent Act 1968” and “said section 78” substitute respectively “ section 19(2) of the Rent Act 1977 ”“section 104 of the Rent Act 1977” and “said section 104”;

(b) in subsection (2)(c), for the words from “to which” to “Acts apply” substitute “ let on or subject to a protected tenancy or statutory tenancy within the meaning of the Rent Act 1977 ”;

(c) in subsections (4) and (5), for “section 78” substitute, in each case, “ section 104 ”; and

(d) in subsection (5), for the words from “the operation” to the end, substitute “ being a restricted contract (within the meaning of the Rent Act 1977) by paragraph 17 of Schedule 24 to that Act ”.

4 E+W In section 16 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a) in subsection (1), for “Part II of the Rent Act 1968” substitute “ Part VII of the Rent Act 1977 ”;

(b) in subsection (2)(a), for “the Rent Act 1968” substitute “ the Rent Act 1977 ” and for the words from “paragraphs (a)” to “section 1” substitute “ section 4(2) ”;

(c) in subsection (2)(b), for the words from “subsection” to the end substitute “ section 14 or 15(2)(b) of the Rent Act 1977 ”;

(d) in subsection (2)(c), for the words from “subsection (5)” to “1968” substitute “ subsection (3) of section 15 of the Rent Act 1977 ” and for “(6)” substitute “ (4) ”;

(e) in subsection (2)(d), for the words from “paragraph (a)” to “1968” substitute “ section 5(1) of the Rent Act 1977 ”;

(f) in subsection (2)(e), for the words from “paragraph (d)” to the end, substitute “ section 10 of the Rent Act 1977 ”;

(g)—(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F336

Textual Amendments

F336 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

5 E+W In section 17 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 for “section 102 of the Rent Act 1968” and “said section 102” substitute respectively “ section 22 of the Rent Act 1977 ” and “ said section 22 ”.

6 E+W In section 18(1) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 for “Part II of the Rent Act 1968” and “the Rent Act 1968” substitute respectively “ Part VII of the Rent Act 1977 ” and “ the Rent Act 1977 ”.

7 E+W In section 19 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a) in subsection (1), for “the Rent Act 1968” substitute “ the Rent Act 1977 ”; and

(b) in subsection (5), for “Part VIII of the Rent Act 1968” substitute “ Part X of the Rent Act 1977 ”.

8 E+W In section 20 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a) in subsection (1), for “Schedule 3 to the Rent Act 1968” substitute “ Schedule 15 to the Rent Act 1977 ”;

(b) in subsection (2), for “Case 7 in the said Schedule 3” and “Part II of the Rent Act 1968” substitute respectively “ Case 8 in the said Schedule 15 ” and “ Part VII of the Rent Act 1977 ”; and

(c) in subsection (3), for “Schedule 3” and “section 10(1) of the Rent Act 1968” substitute respectively “ Schedule 15 ” and “ section 98(1) of the Rent Act 1977 ”.

9 E+W In section 22 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a) in subsection (1), for “Part II, Part III or Part IV of the Rent Act 1968” and “Part VI” substitute, respectively, “ Part III, IV or VII of the Rent Act 1977 ” and “ Part V ”; and

(b) in subsection (3A), for “the Rent Act 1968” substitute “ the Rent Act 1977 ”.

10 E+W In section 23 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a) in the definition of “agricultural land”, for “section 1(2) of the Rent Act 1968” substitute “ section 26 of the Rent Act 1977 ”;

(b) in the definitions of “landlord”, and “statutory tenancy”, and in subsection (3) for “the Rent Act 1968” substitute, in each case, “ the Rent Act 1977 ”.

11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F337

Textual Amendments

F337 Sch. 23 para. 11 repealed by Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I

Landlord and Tenant Act 1954 (c. 56) E+W

12 E+W In section 2(5) of the Landlord and Tenant Act 1954 (as originally enacted), for paragraphs (a) and (b) substitute “ for the purposes of this subsection the rateable value of the property is that which would be taken as its rateable value for the purposes of section 5 of the Rent Act 1977 ”.

13 E+W In section 2 of the Landlord and Tenant Act 1954, at the end add the following subsection—

“(7) In determining whether a long tenancy is, or at any time was, a tenancy at a low rent there shall be disregarded such part (if any) of the sums payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, services, repairs, maintenance, or insurance, unless it could not have been regarded by the parties as a part so payable. In this section “long tenancy” does not include a tenancy which is, or may become, terminable before the end of the term by notice given to the tenant.”

14 E+W In section 10(2) of the Landlord and Tenant Act 1954, for “Schedule 3” substitute “ Schedule 15 ”.

15 E+W In section 12(1)(b) of the Landlord and Tenant Act 1954 for “Cases 1 to 8 in Schedule 3” substitute “ Cases 1 to 9 in Schedule 15 ”.

16 E+W In section 22(1) of the Landlord and Tenant Act 1954, in the definition of “the Rent Act” for “the Rent Act 1968” and “Parts II to VI” substitute, respectively, “ the Rent Act 1977 ” and “ Parts II to V ”.

17 E+W In section 40(5) of the Landlord and Tenant Act 1954, for the words from “the Rent” to “1939” substitute “ the Rent Act 1977 ”.

18 E+W In section 43(1)(c) of the Landlord and Tenant Act 1954, for “section 9(3) of the Rent Act 1968” substitute “ section 24(2) of the Rent Act 1977 ”.

19 E+W In paragraph 17 of Schedule 1, and in paragraph 4 of Schedule 2, to the Landlord and Tenant Act 1977, for “Schedule 3” substitute, in each case, “ Schedule 15 ”.

20 E+W In Schedule 3 to the Landlord and Tenant Act 1954, in paragraph 2, for “Schedule 3” and “section 10(1)(a)” substitute respectively “ Schedule 15 ” and “ section 98(1)(a) ”.

21 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F338

Textual Amendments

F338 Sch. 23 para. 21 repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII

22—28. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F339

Textual Amendments

F339 Sch. 23 paras. 22–28, 31–36, 47, 48, 55, 59–66, 69, 70 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5(2), Sch. 1 Pt. I, Sch. 4

29, 30. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F340

Textual Amendments

F340 Sch. 23 paras. 29, 30 repealed by County Courts Act 1984 (c. 28, SIF 34) s. 148(3), Sch. 4

31—36. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F341

Textual Amendments

F341 Sch. 23 paras. 22–28, 31–36, 47, 48, 55, 59–66, 69, 70 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5(2), Sch. 1 Pt. I, Sch. 4

37, 38. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F342

Textual Amendments

F342 Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

39 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F343

Textual Amendments

F343 Sch. 23 para. 39 repealed by New Towns Act 1981 (c.64), Sch. 13

Matrimonial Homes Act 1967 (c. 75) E+W

40 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F344

Textual Amendments

F344 Sch. 23 para. 40 repealed by Matrimonial Homes Act 1983 (c. 19, SIF 49:5), s. 12, Sch. 3

41 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F345

Textual Amendments

F345 Sch. 23 para. 41 repealed by Matrimonial Homes and Property Act 1981 (c. 24, SIF 49:5), s. 10(2), Sch. 3

Leasehold Reform Act 1967 (c. 88) E+W

42 E+W In sections 1(4) and 4(1)(a) of the Leasehold Reform Act 1967, for “section 6(3) of the Rent Act 1968” substitute, in each case, “ section 25(3) of the Rent Act 1977 ”.

43 E+W In section 16(1)(d) of the Leasehold Reform Act 1967, for “Part II of the Rent Act 1968” substitute “ Part VII of the Rent Act 1977 ”.

44 E+W In section 37(6) of the Leasehold Reform Act 1967, for “Sections 6(1), (2) and (4) of the Rent Act 1968” substitute “ Section 25(1), (2) and (4) of the Rent Act 1977 ”.

45 E+W In Schedule 2 to the Leasehold Reform Act 1967, in paragraph 3(2) for “subsection (2) of section 18 of the Rent Act 1968” substitute “ subsection (2) of section 137 of the Rent Act 1977 ”, and in paragraph 3(3) for “Part II of the Rent Act 1968” substitute “ Part VII of the Rent Act 1977 ”.

46 E+W In Schedule 5 to the Leasehold Reform Act 1967—

(a) in paragraphs 3(1) and (2) and 4(1), (2) and (5), for “the Rent Act 1968” substitute, in each case, “ the Rent Act 1977 ”;

(b) in paragraph 3(2)(b), for “section 22(1)” substitute “ section 45(2) ”;

(c) in paragraph 3(2)(c), for “sections 23 to 25” substitute “ sections 46 to 48 ”;

(d) in paragraph 4(2), for “section 48” substitute “ section 72 ”;

(e) in paragraph 4(3), for “section 22(2)(b) of the Rent Act 1968” substitute “ section 45(2)(b) of the Rent Act 1977 ”;

(f) in paragraph 4(4), for “section 46(1) of the Rent Act 1968” susbtitute “ section 70(1) of the Rent Act 1977 ”;

(g) in paragraph 6(5), for “the Rent Act 1968” substitute “ the Rent Act 1977 ”;

(h) in paragraph 7(1)(b), for “the Rent Act 1968” substitute “ the Rent Act 1977 ”; and

(i) for paragraph 10, substitute—

“10 (1) Section 74(2) of the Rent Act 1977 (which confers power by regulations to modify certain provisions of Part IV of that Act) shall apply also to this Schedule in so far as it affects section 67 or 72 of, or Schedule 11 to, that Act.

(2) In so far as they relate to the Rent Act 1977, section 39 of this Act and this Schedule shall have effect subject to section 153 of that Act (which confers power to adapt that Act in its application to the Isles of Scilly) as if those provisions of this Act were contained in that Act.”

47, 48. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F346

Textual Amendments

F346 Sch. 23 paras. 22–28, 31–36, 47, 48, 55, 59–66, 69, 70 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5(2), Sch. 1 Pt. I, Sch. 4

Fire Precautions Act 1971 (c. 40) E+W

49 E+W In section 28 of the Fire Precautions Act 1971—

(a) in subsections (2) and (5)(b), for “section 12 of the Rent Act 1977” substitute “ section 3 of the Rent Act 1977 ”; and

(b) in subsection (4), for “the Rent Act 1977” substitute “ the Rent Act 1977 ”.

50 E+W In section 34 of the Fire Precautions Act 1971, for the words from the beginning to “Part III of that Schedule” substitute “ The provisions of Part III of the Schedule to this Act ”.

Pensions (Increase) Act 1971 (c. 56) E+W

51 E+W In Schedule 2 to the Pensions (Increase) Act 1971, in paragraph 63, at the end add “ or section 63 of the Rent Act 1977 ”.

52—54 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F347

Textual Amendments

F347 Sch. 23 paras.52–54, 56 and 57 repealed by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), s. 48(6), Sch. 5

55 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F348

Textual Amendments

F348 Sch. 23 paras. 22–28, 31–36, 47, 48, 55, 59–66, 69, 70 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5(2), Sch. 1 Pt. I, Sch. 4

56, 57. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F349

Textual Amendments

F349 Sch. 23 paras.52–54, 56 and 57 repealed by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), s. 48(6), Sch. 5

Agriculture (Miscellaneous Provisions) Act 1972 (c. 62) E+W

58 E+W In section 24 of the Agriculture (Miscellaneous Provisions) Act 1972, for “those Cases” substitute “ that Case ”.

59—66. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F350

Textual Amendments

F350 Sch. 23 paras. 22–28, 31–36, 47, 48, 55, 59–66, 69, 70 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5(2), Sch. 1 Pt. I, Sch. 4

Rent Act 1974 (c. 51) E+W

67 E+W In section 17(6) of the Rent Act 1974, for the words from the beginning to “do not extend” substitute “ Section 11 of this Act does not extend ”.

68 E+W In Schedule 1 to the Rent Act 1974—

(a) in paragraph 4 for “Part VI”, in sub-paragraph (1), substitute “ Part VII ” and omit sub-paragraph (2);

(b) in paragraph 5(2) for “each of the cases referred to in sub-paragaph (1) above” and “the case in question” substitute, in each case, “ Case 11 ”, and omit from “section 79” to “case may be”.

69, 70. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F351

Textual Amendments

F351 Sch. 23 paras. 22–28, 31–36, 47, 48, 55, 59–66, 69, 70 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5(2), Sch. 1 Pt. I, Sch. 4

71 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F352

Textual Amendments

F352 Sch. 23 para. 71 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XI

Rent (Agriculture) Act 1976 (c. 80) E+W

72 E+W In section 4(5) of the Rent (Agriculture) Act 1976, for “section 3(2) of the Rent Act 1968” substitute “ section 2(3) of the Rent Act 1977 ”.

73 E+W In section 5 of the Rent (Agriculture) Act 1976—

(a) in subsection (3)(f), for “section 5(3) of the Rent Act 1968” substitute “ section 15(5) of the Rent Act 1977 ”; and

(b) in subsection (4), for “section 5(6) of the Rent Act 1968” substitute “ section 15(4) of the Rent Act 1977 ”.

74 E+W In section 9 of the Rent (Agriculture) Act 1976—

(a) in subsection (1), for “the Rent Act 1968” and “section 10(1) or 10A(2)” substitute respectively “ the Rent Act 1977 ” and “ section 98 or 99(2) ”; and

(b) in subsections (4)(b) and (5) for “the Rent Act 1968” substitute, in each case, “ the Rent Act 1977 ”.

75 E+W In section 13 of the Rent (Agriculture) Act 1976—

(a) in subsections (1) and (2), for “the Rent Act 1968” substitute, in each case, “ the Rent Act 1977 ”;

(b) in subsection (2), for paragraphs (a) to (c) substitute—

“(a) sections 67 and 70.

(b) section 71, except subsection (3), and

(c) Part I of Schedule 11.”;

(c) in subsection (3), for the words from “sections 44A” to the end substitute “ sections 68, 69, 71(3), 72 or 73 of the Rent Act 1977 or Part II of Schedule 11 or Schedule 7 of that Act ”;

(d) in subsection (5), for “subsection (3A) of section 44 of the Rent Act 1968” and “section 44” substitute, respectively, “ subsection (4) of section 67 of the Rent Act 1977 ” and “ section 67 ”; and

(e) in subsection (7), for “section 44(3) of the Rent Act 1968” substitute “ section 67(3) of the Rent Act 1977 ”.

76 E+W In section 15(4) of the Rent (Agriculture) Act 1976, for “section 47(4) of the rent Act 1968” substitute “ section 71(4) of the Rent Act 1977 ”.

77 E+W In sections 19, 27(2) and 33(3), and in the definition of “tenancy at a low rate” in section 34(1), of the Rent (Agriculture) Act 1976, for “the Rent Act 1968” substitute, in each case, “ the Rent Act 1977 ”.

78 E+W In paragraph 1 of Schedule 2 to the Rent (Agriculture) Act 1976, for sub-paragraph (b) substitute—

“(b) if the provisions of Part I of the Rent Act 1977 relating to exceptions to the definition of “protected tenancy” were modified as mentioned in paragraph 3 below,”.

79 E+W In paragraph 2 of Schedule 2 to the Rent (Agriculture) Act 1976—

(a) for “the Rent Act 1968”, in sub-paragraph (a), substitute “ the Rent Act 1977 ”; and

(b) for “section 2 of that Act”, in sub-paragraph (b), substitute “ the provisions of that Act mentioned in paragraph 1(b) above ”.

80 E+W For paragraph 3 of Schedule 2 to the Rent (Agriculture) Act 1976 substitute—

“3 —(1)For the purposes of this Schedule the modifications of Part I of the Rent Act 1977 are as follows.

(2) Omit sections 5 (tenancies at low rents) and 10 (tenancy of a dwelling-house comprised in any agricultural holding etc.).

(3) For section 7 (payments for board or attendance) substitute:—

7 (1) A tenancy is not a protected tenancy if it is a bona fide term of the tenancy that the landlord provides the tenant with board or attendance.

(2) For the avoidance of doubt it is hereby declared that meals provided in the course of a person’s employment in agriculture do not constitute board for the purposes of this section; and a term that the landlord provides the tenant with attendance shall not be taken to be a bona fide term for those purposes unless, having regard to its value to the tenant, the attendance is substantial.”

81 E+W In paragraph 4 of Schedule 2 to the Rent (Agriculture) Act 1976—

(a) for “the Rent Act 1968” substitute “ the Rent Act 1977 ”; and

(b) for “section 4”, “section 5”, “section 5A” and “section 6” substitute, respectively, “ section 13 ” , “ sections 14 to 16 ”, “ section 12 ” and “ section 25 ”.

82 E+W In Schedule 4 to the Rent (Agriculture) Act 1976—

(a) in paragraph 2(a), for “the Rent Act 1968” substitute “ the Rent Act 1977 ”;

(b) in paragraph 2(b), for “Part II of the Rent Act 1968” substitute “ Part VII of the Rent Act 1977 ”; and

(c) in Case X, for “Part III, Part V or Part VI of the Rent Act 1968” substitute “ Part II, Part III or Part V of the Rent Act 1977 ”.

83 E+W In Schedule 5 to the Rent (Agriculture) Act 1976, in sub-paragraphs (3) and (6) of paragraph 11, for “Schedule 4 to the Rent Act 1968” substitute, in each case, “ Schedule 5 to the Rent Act 1977 ”.

84 E+W In Schedule 6 to the Rent (Agriculture) Act 1976—

(a) in paragraph 2(b), for “section 47(4) of the Rent Act 1968” substitute “ section 71(4) of the Rent Act 1977 ”; and

(b) in paragraph 5, for “Schedule 6 to the Rent Act 1968” substitute “ Schedule 11 to the Rent Act 1977 ”.

Section 155(3).

SCHEDULE 24 E+W Savings and Transitional Provisions

General transitional provisions E+W

1 (1) In so far as anything done, or having effect as if done, under an enactment repealed by this Act could have been done under a corresponding provision in this Act, it shall not be invalidated by the repeal but shall have effect as if done under that provision. E+W

(2) Sub-paragraph (1) above applies, in particular, to any regulation, order, scheme, agreement, dissent, election, application, reference, representation, appointment or apportionment made, notice served, certificate issued, statement supplied, undertaking or direction given or rent registered.

(3) Subject to this Schedule, any document made, served or issued before the passing of this Act or at any time thereafter (whether before or after the commencement of this Act) and containing a reference to an enactment repealed by this Act, or having effect as if containing such a reference, shall, except in so far as a contrary intention appears, be construed as referring, or as the context requires, as including a reference, to the corresponding provision of this Act.

(4) Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

(5) Nothing in this Act shall affect the enactments repealed thereby in their operation in relation to offences committed before the commencement of this Act.

(6) A conviction for an offence under an enactment repealed by this Act shall be treated for the purposes of this Act as a conviction of an offence under the corresponding provision of this Act.

(7) Subject to the provisions of this Act, any reference in any document or enactment to a dwelling-house which is let on or subject to a protected or statutory tenancy (including any reference which immediately before the commencement of this Act, was to be construed as such a reference by virtue of paragraph 5 of Schedule 16 to the M78 Rent Act 1968) shall be construed, except in so far as the context otherwise requires, as a reference to a dwelling-house let on or subject to a protected or statutory tenancy within the meaning of this Act.

(8) Subject to the provisions of this Act, any reference in any document or enactment to a Part VI contract (within the meaning of Part VI of the M79 Rent Act 1968) shall be construed, except in so far as the context otherwise requires, as a reference to a restricted contract.

Marginal Citations

M78 1968 c. 23.

M79 1968 c. 23.

Existing statutory tenants E+W

2 (1) If, immediately before the commencement of this Act, a person (the “existing statutory tenant”) was a statutory tenant of a dwelling-house by virtue of any enactment repealed by this Act (a “repealed enactment”) that person shall, on the commencement of this Act, be a statutory tenant of the dwelling-house for the purposes of this Act. E+W

(2) If, immediately before the existing statutory tenant became a statutory tenant, he was a tenant of the dwelling-house under a tenancy then, for the purposes of this Act, he shall be the statutory tenant by virtue of his previous protected tenancy.

(3) If the existing statutory tenant became a statutory tenant on the death of a person who was himself a tenant or statutory tenant of the dwelling-house then, for the purposes of this Act, the existing statutory tenant shall be a statutory tenant by succession; and, unless he became a statutory tenant by virtue of section 13 of the M80 Rent Act 1965, or paragraph 6 or 7 of Schedule 1 to the M81 Rent Act 1968, he shall be deemed to be the first successor within the meaning of Schedule 1 to this Act.

(4) If the existing statutory tenant became a statutory tenant by virtue of an exchange under section 17 of the M82 Rent Act 1957 or section 14 of the M83 Rent Act 1968 then, for the purposes of this Act, he shall be deemed to be the statutory tenant by virtue of his previous protected tenancy or, as the case may be, a statutory tenant by succession, if immediately before the commencement of this Act he was so deemed for the purposes of the M84 Rent Act 1968.

(5) If, by virtue of sub-paragraph (4) above, the existing statutory tenant is for the purposes of this Act a statutory tenant by succession, he shall be deemed to be the first successor, within the meaning of Schedule 1 to this Act if, and only if, the person who was a statutory tenant immediately before the date of exchange was not a statutory tenant by virtue of section 13 of the M85 Rent Act 1965 or paragraph 6 or 7 of Schedule 1 to the M86 Rent Act 1968.

(6) Without prejudice to the case where by virtue of sub-paragraph (4) or (5) above, the existing statutory tenant is deemed to be a statutory tenant by succession but is not deemed to be the first successor, within the meaning of Schedule 1 to this Act, paragraphs 5 to 7 of that Schedule shall not apply where the existing statutory tenant, or the person on whose death he became a statutory tenant, became a statutory tenant by virtue of an exchange under section 17 of the M87 Rent Act 1957 or section 14 of the M88 Rent Act 1968.

Marginal Citations

M80 1965 c. 75.

M81 1968 c. 23.

M82 1957 c. 25.

M83 1968 c. 23.

M84 1968 c. 23.

M85 1965 c. 75.

M86 1968 c. 23.

M87 1957 c. 25.

M88 1968 c. 23.

3 (1) A person who, at any time before the commencement of this Act, became a statutory tenant of a dwelling-house by virtue of— E+W

(a) section 12(10) of the M89 Increase of Rent and Mortgage Interest (Restrictions) Act 1920 (under which workmen housed in certain dwelling-houses taken over by the Government during the 1914-18 war were to be treated as tenants of the landlords of those houses); and

(b) section 4 of the M90 Requisitioned Houses and Housing (Amendment) Act 1955 (under which certain requisitioned dwelling-houses were returned to their owners on condition that the owners accepted the existing licenseees as statutory tenants),

(and not by way of succession to a previous statutory tenancy) shall be treated for the purposes of this Act as having become the statutory tenant of that dwelling-house on the expiry of a protected tenancy thereof.

(2) A person who, on or after the commencement of the M91 Rent Act 1965, retained possession of a dwelling-house by virtue of section 20 of that Act (which made transitional provisions in relation to tenancies which expired before the commencement of that Act) shall be deemed to have done so under a statutory tenancy arising on the termination of a tenancy which was a regulated tenancy, and the terms as to rent and otherwise of that tenancy shall be deemed to have been the same, subject to any variation specified by the court, as those of the tenancy mentioned in subsection (1) of that section (that is to say, the tenancy which ended before the commencement of the M92 Rent Act 1965 but which would have been a regulated tenancy if that Act had then been in force).

Marginal Citations

M89 1920 c. 17.

M90 1955 c. 24.

M91 1965 c. 75.

M92 1965 c. 75.

4 E+W A statutory tenancy subsisting at the commencement of this Act under section 4 of the M93 Requisitioned Houses and Housing (Amendment) Act 1955 shall be treated, for the purposes of this Act—

(a) as a regulated tenancy if, by virtue of section 10 of the M94 Rent Act 1965, it fell to be treated as a regulated tenancy after 31st March 1966; and

(b) in any other case, as a controlled tenancy.

Marginal Citations

M93 1955 c. 24.

M94 1965 c. 75.

Tenancies which ended before passing of Counter-Inflation Act 1973 (c. 9) E+W

5 (1) This paragraph applies where the tenancy of a dwelling-house came to an end at a time before 22nd March 1973 and the tenancy would have been a regulated tenancy, for the purposes of the M95 Rent Act 1968, if section 14 of the M96 Counter-Inflation Act 1973 had been in force at that time. E+W

(2) If the tenant under the tenancy which came to an end duly retained possession of the dwelling-house after 22nd March 1973 without any order for possession having been made, or after the rescission of such an order, he shall be deemed to have done so under a statutory tenancy arising on the termination of the tenancy which came to an end and, subject to sub-paragraph (6) below the terms of that tenancy (including the rent) shall be deemed to have been the same as those of the tenancy which came to an end.

(3) Any statutory tenancy arising by virtue of sub-paragraph (2) above, shall be treated as a statutory tenancy arising on the termination of a protected tenancy which was a regulated tenancy.

(4) Where Article 10 of the M97 Counter-Inflation (Rents) (England and Wales) Order 1972 applied to the rent under the tenancy, the rent under the tenancy imposed by sub-paragraph (2) above shall be the rent as limited by Article 10.

(5) Schedule 7 to this Act shall not apply to a statutory tenancy arising under sub-paragraph (2) above.

(6) The High Court or the county court may by order vary all or any of the terms of the tenancy imposed by sub-paragraph (2) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by the provisions of sections 46 and 47 of this Act).

(7) If at 22nd March 1973 the dwelling-house was occupied by a person who would, if the tenancy had been a regulated tenancy, have been the “first successor” within the meaning of paragraph 4 of Schedule 1 to the M98 Rent Act 1968 (which is re-enacted in Schedule 1 to this Act), sub-paragraphs (2), (4) and (5) above shall apply where that person retained possession as they apply where the tenant retained possession.

Marginal Citations

M95 1968 c. 23.

M96 1973 c. 9.

M97 S.I. 1972/1851.

M98 1968 c. 23.

Protected furnished tenancies E+W

6 (1) In any case where— E+W

(a) before 14th August 1974 a dwelling was subject to a tenancy which was a Part VI contract within the meaning of the M99 Rent Act 1968, and

(b) the dwelling forms part only of a building, and that building is not a purpose-built block of flats within the meaning of section 12 of this Act, and

(c) on that date the interest of the lessor, within the meaning of Part VI of the M100 Rent Act 1968, under the tenancy—

(i) belonged to a person who occupied as his residence another dwelling which also formed part of that building, or

(ii) was vested in trustees as such and was or, if it was held on trust for sale, the proceeds of its sale were held on trust for a person who occupied as his residence another dwelling which also formed part of that building, and

(d) apart from paragraph 1 of Schedule 3 to the M101 Rent Act 1974 the tenancy would, on that date, have become a protected furnished tenancy,

this Act shall apply, subject to sub-paragraph (2) below, as if the tenancy had been granted on that date and as if the condition in section 12(1)(b) of this Act were fulfilled in relation to the grant of the tenancy.

(2) In the application of this Act to a tenancy by virtue of this paragraph—

(a) subsection (2) of section 12 shall be omitted; and

(b) in section 20 and Part II of Schedule 2 any reference to section 12 of this Act shall be construed as including a reference to this paragraph.

(3) In any case where paragraphs (a), (b) and (d) of sub-paragraph (1) above apply but on 14th August 1974 the interest referred to in paragraph (c) of that sub-paragraph was vested—

(a) in the personal representatives of a deceased person acting in that capacity, or

(b) by virtue of section 9 of the M102 Administration of Estates Act 1925, in the Probate Judge within the meaning of that Act, or

(c) in trustees as such,

then, if the deceased immediately before his death or, as the case may be, the settlor immediately before the creation of the trust occupied as his residence another dwelling which also formed part of the building referred to in paragraph (b) of sub-paragraph (1) above, that sub-paragraph shall apply as if the condition in paragraph (c) thereof were fulfilled.

(4) In the application of [F353 paragraph 1(c)] of Schedule 2 to this Act in a case falling within sub-paragraph (3) above, any period before 14th August 1974 during which the interest of the landlord vested as mentioned in that subsection shall be disregarded in calculating the period of 12 months specified therein.

Textual Amendments

F353 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 60(a)

Marginal Citations

M99 1968 c. 23

M100 1968 c. 23.

M101 1974 c. 51.

M102 1925 c. 23.

7 (1) This paragraph applies where the M103 tenancy of a dwelling-house came to an end before 14th August 1974 and, if it had come to an end immediately after that date it would then have been a protected furnished tenancy within the meaning of the Rent Act 1974. E+W

(2) If the tenant under the tenancy which came to an end duly retained possession of the dwelling-house on 14th August 1974 without an order for possession having been made or after the rescission of such an order he shall be deemed to have done so as a statutory tenant under a regulated tenancy and, subject to sub-paragraph (5) below, as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant; and, subject to sub-paragraphs (4) and (5) below, the tenancy referred to in sub-paragraph (1) above shall be treated, in relation to his statutory tenancy,—

(a) as the original contractual tenancy for the purposes of section 3 of this Act, and

(b) as the previous contractual tenancy for the purposes of paragraph 2 of Part III of Schedule 15 to this Act.

(3) In any case where—

(a) immediately before 14th August 1974 a rent was registered for a dwelling under Part VI of the M104 Rent Act 1968, and

(b) on that date a person became a statutory tenant of that dwelling by virtue of paragraph 3(4) of Schedule 3 to the M105 Rent Act 1974,

the amount which was so registered under Part VI shall be deemed to be registered under Part IV of this Act as the rent for that dwelling, and that registration shall be deemed to have taken effect on 14th August 1974.

(4) The High Court or the county court may by order vary all or any of the terms of the statutory tenancy imposed by sub-paragraph (2) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by the provisions of sections 46 and 47 of this Act).

(5) If on 14th August 1974 the dwelling-house was occupied by a person who would, if the tenancy had been a protected tenancy for the purposes of the M106 Rent Act 1968, have been “the first successor” as defined in paragraph 4 of Schedule 1 to that Act, sub-paragraph (2) above shall apply where that person retained possession as it applies where the tenant retained possession, except that he shall be the first successor as so defined.

Marginal Citations

M103 1974 c. 51.

M104 1968 c. 23.

M105 1974 c. 51.

M106 1968 c. 23.

8 (1) Where, immediately before the commencement of this Act, a rent was deemed (by virtue of section 5 of the M107 Rent Act 1974) to have been registered under Part IV of the M108 Rent Act 1968 with effect from 14th August 1974, it shall for the purposes of this Act be deemed to be registered under Part IV of this Act with effect from that date. E+W

(2) Section 67(3) of this Act shall not apply to an application for the registration under Part IV of this Act of a rent different from that which is deemed to be registered as mentioned in sub-paragraph (1) above.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F354

(4) A statutory furnished tenancy which arose on 15th August 1974, by virtue of section 5(4) of the M109 Rent Act 1974, shall be treated as a statutory furnished tenancy for the purposes of this Act and as having arisen on that date.

Textual Amendments

F354 Sch. 24 para. 8(3) repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

Marginal Citations

M107 1974 c. 51.

M108 1968 c. 23.

M109 1974 c. 51.

Regulated tenancies of formerly requisitioned houses E+W

9 (1) This paragraph applies in relation to a regulated tenancy of a dwelling-house which is a statutory tenancy subsisting under section 4 of the M110 Requisiioned Houses and Housing (Amendment) Act 1955 (under which licensees of previously requisitioned property became statutory tenants of the owners) and which, by virtue of section 10(1) of the M111 Rent Act 1965, fell to be treated as a regulated tenancy after 31st March 1966. E+W

(2) In relation to any rental period of a regulated tenancy to which this paragraph applies, sections 45 to 48 of this Act shall have effect as if—

(a) references therein to the last contractual period were references to the last rental period beginnig before 31st March 1966, and

(b) the rent recoverable for that last rental period has included any sum payable for that period by the local authority to the landlord under section 4(4) of the said Act of 1955 (which provided for payments to make up the difference between the rent actually paid and the amount which would normally have been recoverable).

Marginal Citations

M110 1955 c. 24.

M111 1965 c. 75.

Miscellaneous E+W

10 E+W Any registration of a rent under Part IV of the M112 Rent Act 1968 which, by virtue of paragraph 33(2) of Schedule 13 to the M113 Housing Act 1974, fell to be treated as if it had been effected pursuant to an application under section 44 of the M114 Rent Act 1968 shall continue to be so treated for the purposes of this Act.

Marginal Citations

M112 1968 c. 23.

M113 1974 c. 44.

M114 1968 c. 23.

11 E+W In the case of a registration of a rent before 1st January 1973 which, by virtue of subsection (3) of section 82 of the M115 Housing Finance Act 1972 (provision corresponding to section 87(3) of this Act), was provisional only, the date of registration for the purposes of this Act shall be 1st January 1973.

Marginal Citations

M115 1972 c. 47.

12 E+W Where, by virtue of section 1(1)(b) of the M116 Rent Act 1974, any reference in an enactment or instrument was, immediately before the coming into force of this Act, to be construed as having the same meaning as in the M117 Rent Act 1968 as amended by section 1 of the M118 Rent Act 1974, that reference shall be construed as having the same meaning as in this Act.

Marginal Citations

M116 1974 c. 51.

M117 1968 c. 23.

M118 1974 c. 51.

13 E+W If, immediately before the commencement of this Act, a person’s statutory tenancy was a regulated tenancy (and not a controlled tenancy), for the purposes of the M119 Rent Act 1968, by virtue of paragraph 5 of Schedule 2 to that Act (second successors) it shall be a regulated tenancy for the purposes of this Act by virtue of that paragraph.

Marginal Citations

M119 1968 c. 23.

14 E+W If, immediately before the commencement of this Act, a person’s statutory tenancy was a regulated tenancy for the purposes of the M120 Rent Act 1968, by virtue of paragraph 10 of Schedule 16 to that Act (statutory tenancies deemed to arise by virtue of section 20 of the M121 Rent Act 1965) it shall be a regulated tenancy for the purposes of this Act.

Marginal Citations

M120 1968 c. 23.

M121 1965 c. 75.

15 E+W In relation to any time before 1st January 1960, paragraph (a) of section 34(1) of this Act shall have effect as if it included a reference to section 150 of the M122 Public Health Act 1875 and to the M123 Private Street Works Act 1892.

Marginal Citations

M122 1875 c. 55.

M123 1892 c. 57.

16 E+W [F355 Sections 44(1), 45(2), 57 and 72(7)] of this Act shall have effect in relation to rent determined or confirmed in pursuance of Schedule 3 to the M124 Housing Rents and Subsidies Act 1975.

Textual Amendments

F355 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 60(b)

Marginal Citations

M124 1975 c. 6.

17 E+W If, immediately before the revocation of regulation 68CB of the Defence (General) Regulations 1939 accommodation was registered for the purposes of that regulation and was let in accordance with the terms and conditions so registered, any contract for the letting of the accommodation shall be treated, for the purposes of this Act, as not being a restricted contract, so long as any letting continues under which the accommodation was let in accordance with the terms and conditions on which it was let immediately before the revocation.

18 E+W Section 54 of, and paragraph 5 of Schedule 9 to, this Act shall apply in relation to a failure to observe any of the requirements of section 43, 44(5) or 45 of the M125 Housing Finance Act 1972 as they apply in relation to a failure to observe any of the corresponding requirements of section 51, 52(6) or 53 of this Act.

Marginal Citations

M125 1972 c. 47.

19 (1) Until such time as the provisions mentioned in sub-paragraph (2) below come into force, sections 139(3) and 151(4) of this Act shall have effect as if the fines specified in those sections were, respectively, £10 and £5. E+W

(2) The provisions are those provisions of the M126 Criminal Law Act 1977 (increase of fines for certain summary offences) which would, had this act not repealed sections 104(3) and 109(4) of the M127 Rent Act 1968, have had the effect of increasing the fine specified in each of those sections to £25.

Marginal Citations

M126 1977 c. 45.

M127 1968 c. 23.

20 E+W For the purposes of paragraph 3(3) of Schedule 9 to this Act a case where Schedule 2 to the M128 Housing Rents and Subsidies Act 1975 had effect shall be treated as if it were a case where Schedule 8 to this Act had effect.

Marginal Citations

M128 1975 c. 6.

21 E+W Subject to the provisions of this Act, any reference in any document or enactment to a Part VI letting (within the meaning of Part II of the M129 Housing Finance Act 1972) shall be construed except in so far as the context otherwise requires, as a reference to a restricted letting (within the meaning of Part II as amended by this Act).

Marginal Citations

M129 1972 c. 47.

Transitional provisions from Rent Act 1957 E+W

22 E+W If the rent recoverable under a controlled tenancy for any rental period beginning immediately before the commencement of this Act was, by virtue of section 1(4) of the M130 Rent Act 1957 and paragraph 15 of Schedule 16 to the M131 Rent Act 1968, the same as the rent recoverable for the rental period comprising the commencement of the Act of 1957 then, after the commencement of this Act, that rent shall remain the rent recoverable under that tenancy for any rental period for which it is neither increased nor reduced under Part II of this Act (but without prejudice to paragraph 1 of this Schedule).

Marginal Citations

M130 1957 c. 25.

M131 1968 c. 23.

23 E+W If, immediately before the commencement of this Act, an agreement or determination of a tribunal made or given for the purposes of paragraph (b) of section 24(3) of the M132 Housing Repairs and Rents Act 1954 was deemed, by virtue of paragraph 1 of Schedule 7 to the M133 Rent Act 1957 and paragraph 16 of Schedule 16 to the M134 Rent Act 1968, to be an agreement or determination made under paragraph (c) of section 52(1) of the Act of 1968 then, after the commencement of this Act, that agreement or determination shall, until an agreement or determination is made as is mentioned in paragraph (c) of section 27(1) of this Act, be deemed to be an agreement or determination made as mentioned in paragraph (c) of section 27(1).

Marginal Citations

M132 1954 c. 53

M133 1957 c. 25

M134 1968 c. 23.

24 (1) If, immediately before the commencement of this Act, the rent limit under a controlled tenancy of a dwelling was increased, by virtue of paragraph 2 of Schedule 7 to the M135 Rent Act 1957 and paragraph 17 of Schedule 16 to the M136 Rent Act 1968, on account of an improvement, or a notice of increase relating to an improvement, completed before the commencement of the Act of 1957, the like increase shall apply after the commencement of this Act to the rent limit under that controlled tenancy. E+W

(2) In sub-paragraph (1) above, “the rent limit”, in relation to any time before the commencement of this Act, has the same meaning as in the Rent Act 1968, and in relation to any time after that commencement, has the same meaning as in Part II of this Act.

Marginal Citations

M135 1957 c. 25.

M136 1968 c. 23.

25 (1) If, immediately before the commencement of this Act, a certificate of a local authority under section 26(1) of the M137 Housing Repairs and Rents Act 1954 or a certificate of a sanitary authority having effect as if it were a certificate under Part II of that Act had effect, by virtue of paragraph 3 of Schedule 7 to the M138 Rent Act 1957 and paragraph 18 of Schedule 16 to the M139 Rent Act 1968, as a certificate of disrepair under Schedule 9 to the Act of 1968, then, after the commencement of this Act, the certificate shall have effect to the like extent as before that commencement, as if it were a certificate of disrepair under Schedule 6 to this Act. E+W

(2) Where any such certificate ceases to have effect (whether by virtue of an order of the court or in consequence of being cancelled by the local authority) sections 27 and 28 of this Act shall have effect, in relation to any rental period beginning after the date as from which the certificate ceases to have effect as if it had ceased to have effect immediately before the basic rental period (within the meaning of Part II of this Act).

Marginal Citations

M137 1954 c. 53.

M138 1957 c. 25.

M139 1968 c. 23.

26 E+W Where any increase in the rent recoverable under a controlled tenancy current on 6th July 1957 took effect before that date but after the beginning of the basic rental period (within the meaning of Part II of this Act), section 27 of this Act shall have effect as if for references to the rent recoverable for the basic rental period there were substituted references to the rent which would have been recoverable for that period if the increase had taken effect before the beginning thereof.

Savings E+W

27 (1) Notwithstanding the repeal by this Act of the Rent Act 1968 and section 42 of the M140 Housing Finance Act 1972— E+W

(a) sections 20(3) and 21 of the M141 Rent Act 1968 (rent limit where no registered rent) shall continue to apply in relation to a regulated tenancy granted before 1st January 1973 if the rent under the tenancy, as varied by any agreement made before that date, exceeded the rent limit under section 20(3) (with any adjustment under section 21);

(b) sections 30 (certain regulated tenancies to be disregarded in determining contractual rent limit) and 35 (duty of landlord to supply statement of rent under previous tenancy) of the M142 Rent Act 1968 shall continue to apply in any case where section 20(3)(a) applies by virtue of this paragraph.

(2) In any case to which section 21 of the M143 Rent Act 1968 applies by virtue of sub-paragraph (1) above, the reference in subsection (5) of that section to the amount expended on the improvement shall be construed as a reference to that amount diminished by the amount of any grant or repayment of the kind mentioned in section 48(2)(a) or (b) of this Act.

(3) This paragraph shall cease to apply if the landlord and the tenant enter into an agreement which is a rent agreement with a tenant having security of tenure (within the meaning of section 51 of this Act) which complies with the requirements of subsection (4) of that section, or if they provide that this paragraph is not to apply by an agreement conforming with those requirements.

Marginal Citations

M140 1972 c. 47.

M141 1968 c. 23.

M142 1968 c. 23.

M143 1968 c. 23.

28 (1) Section 47 of the M144 Housing Act 1969 (first registration of a rent after issue of qualification certificate) shall continue to have effect as respects an application for the first registration of a rent where the tenancy became a regulated tenancy before the date of the repeal of Part III of that Act by the M145 Housing Finance Act 1972, but with the substitution, for the references to Part IV of the M146 Rent Act 1968 and Schedule 6 to that Act, of references respectively to Part IV of, and Part II of Schedule 11 to, this Act. E+W

(2) Paragraph 3 of Schedule 17 to this Act shall apply to a conversion under the said Part III as it applies to a conversion under Part VIII of this Act.

(3) Notwithstanding the said repeal, section 51(2)(a) of the Act of 1969 shall continue to have effect.

(4) Sections 45 to 47 of this Act shall have effect in relation to a tenancy which has become a regulated tenancy by virtue of the said Part III as if references therein to the last contractual period were references to the last rental period beginning before the tenancy became a regulated tenancy.

Marginal Citations

M144 1969 c. 33.

M145 1972 c. 47.

M146 1968 c. 23.

29 E+W Subsections (2) and (5) of section 48 of this Act shall have effect, in relation to any grant paid under section 30 of the M147 Housing (Financial Provisions) Act 1958 (improvement grants) or section 4 of the M148 House Purchase and Housing Act 1959 (standard grants) in pursuance of an application made before 25th August 1969, as they have effect in relation to any of the grants mentioned in those subsections.

Marginal Citations

M147 1958 c. 42.

M148 1959 c. 33.

30 E+W Notwithstanding the repeal by this Act of the M149 Rent Act 1968, the amendments made in other enactments (“the amended enactments”) by that Act shall, to the extent that they had effect immediately before the coming into force of this Act, continue to have effect subject to any amendment of any of the amended enactments by this Act.

Marginal Citations

M149 1968 c. 23.

31 E+W Any registration of a rent made before the commencement of this Act—

(a) in the part of the register provided for by section 82 of the M150 Housing Finance Act 1972, and

(b) in reliance on subsection (3A) of section 44 of the M151 Rent Act 1968,

shall be as valid, and shall have effect, as if this Act had then been in force.

Marginal Citations

M150 1972 c. 47.

M151 1968 c. 23.

32 E+W Notwithstanding the repeal by this Act of paragraphs 20 to 26 of Schedule 16 to the M152 Rent Act 1968 (miscellaneous savings) any enactment which, immediately before the commencement of this Act, had effect by virtue of any of those paragraphs shall continue to have effect; and this Act shall have effect in relation to cases falling within any of those paragraphs as the M153 Act of 1968 had effect immediately before the commencement of this Act.

Marginal Citations

M152 1968 c. 23.

M153 1968 c. 23.

Section 156.

X2 SCHEDULE 25 E+W Repeals

Editorial Information

X2 The text of Schs. 23 and 25 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Chapter	Short title	Extent of repeal
2 & 3 Eliz. 2.	The Landlord and Tenant Act 1954.	In section 22(1), from “Act of 1920” to “Acts, 1920 to 1938”.
7 & 8 Eliz. 2. c. 33.	The House Purchase and Housing Act 1959.	In section 29(1), the definition of “controlled tenancy”.
1968 c. 23.	The Rent Act 1968.	The whole Act.
1969 c. 33.	The Housing Act 1969.	In section 40(2)(a) the words “Part III”.
		Section 80.
		Section 81.
		Section 83.
		Schedule 7.
		In Schedule 8, paragraphs 32 and 33.
		In Schedule 9, paragraphs 3 to 5.
1969 c. 62.	The Rent (Control of Increases) Act 1969.	Section 5.
		Section 6.
1970 c. 31.	The Administration of Justice Act 1970.	Section 47.
1970 c. 40.	The Agriculture Act 1970.	Section 100.
1971 c. 40.	The Fire Precautions Act 1971.	In the Schedule, Part I.
1971 c. 62.	The Tribunals and Inquiries Act 1971.	In Schedule 3, the entry relating to the Rent Act 1968.
1972 c. 11.	The Superannuation Act 1972.	In Schedule 6, paragraph 71.
1972 c. 47.	The Housing Finance Act 1972.	Sections 27 to 34.
		Sections 37 to 39.
		Sections 41 to 48.
		Sections 81 to 88.
		In section 103, in subsection (3), paragraphs (a) and (b) and in paragraph (d) the words from “section 7” to “cost of repairs)”.
		Schedule 5.
		Schedule 6.
		In Schedule 9, paragraphs 10 to 13, 16 and 17.
		In Schedule 10, paragraph 7.
1972 c. 62.	The Agriculture (Miscellaneous Provisions) Act 1972.	In section 24, from the beginning to “1968 and” and the words “case 14 or as the case may be”.
1972 c. 70.	The Local Government Act 1972.	Section 205.
1973 c. 9.	The Counter-Inflation Act 1973.	Section 14.
		In Schedule 4, paragraph 11(2).
		Schedule 5.
1973 c. 26.	The Land Compensation Act 1973.	Section 20(11).
1974 c. 44.	The Housing Act 1974.	In section 18, in subsection (1), the words from “subsection (5)” to “or in” and from “or paragraph 23” to “1975”, in subsection (2), the words from “Part VIII” to “applies or”, the words “the Rent Act 1968 or of” and the words “the Rent Act 1968 or”.
		In section 49(2), paragraph (c) and the word “or” immediately preceding it.
		In Schedule 3, in paragraph 1(1)(b), the words from “section 5(5)” to “or of”, in paragraph 1(3)(c) the words “of the Rent Act 1968, or to”, in paragraph 3(1) the words “of the Rent Act 1968 or of”, in paragraph 4(3) the words from “section 113” to “in Scotland”, and Part II.
		In Schedule 13, paragraphs 16, 17, 25 to 29, 33, 34 and 37.
		In Schedule 14, paragraph 4.
		In Schedule 15, in the entry relating to the Rent Act 1968, the words “and Schedule 2”.
1974 c. 51.	The Rent Act 1974.	Section 1(4)(c).
		In section 2, in subsection (3), the words “paragraph 1 or, as the case may require,” and from the beginning of subsection (4) to “this Act and”.
		In section 3, subsection (1) and from the beginning of subsection (3) to “1968 and”.
		Section 4(1) and (2).
		In section 5, from the beginning of subsection (2) to “may require” and, in subsection (3), the words from “section 45(1)(b)” to “may require”.
		Sections 6, 7 and 8.
		In section 13, in subsection (1), the words from “subsection (2)” to “may require” and in subsection (2)(a) the words “18(2) or, as the case may require,”.
		Section 14(1) and (2).
		In section 15, in subsection (1), the words from “a Part VI” to “may require” (in the definition of furnished letting), the words from “in relation”, where they first occur, to “to Scotland” (in the definition of the Rent Act) and the words from “Part VI” to “may require” (in the definition of the relavant Part of the Rent Act) and, in subsection (2), the words from “section 113(1)” to “may require”.
		Section 17(2) and (4).
		In Schedule 1, paragraph 4(2), in paragraph 5(1) the words from “Case 10” to “case may be”, in paragraph 5(2) the words from “section 79” to “case may be”, and paragraphs 8 to 16.
		In Schedule 2, paragraphs 1, 3 and 4.
1975 c. 6.	The Housing Rents and Subsidies Act 1975.	Sections 7 to 10.
		In section 16(1), the definitions of “contractual period”, “notice of increase”, “registered”, “regulated tenancy” and “statutory period”.
		Schedules 2 to 4.
		In Schedule 5, paragraphs 1 and 2.
1975 c. 18.	The Social Security (Consequential Provisions) Act 1975.	In Schedule 2, paragraph 34.
1975 c. 60.	The Social Security Pensions Act 1975.	In Schedule 4, paragraph 11.
1975 c. 78.	The Airports Authority Act 1975.	In Schedule 5, in Part II, paragraph 1.
1976 c. 76.	The Development of Rural Wales Act 1976.	In Schedule 7, paragraph 6.
1976 c. 80.	The Rent (Agriculture) Act 1976.	Section 40(4).
		In Schedule 8, paragraphs 19 to 26, 32 and 33.