Rent Act 1977

Section 156.

SCHEDULE 22 Modifications Applicable to Certain Existing Protected and Statutory Tenancies

Dwelling-houses controlled before 1939

1 If, in relation to a dwelling-house which immediately before 8th June 1968 was let on or subject to a controlled tenancy within the meaning of the [1957 c. 25.] Rent Act 1957, the relevant enactment in force at that time for the purpose of determining whether any land or premises let together with such a dwelling-house was to be treated as part of the dwelling-house was proviso (iii) to section 12(2) of the Act of 1920 (and not section 3(3) of the Act of 1939), then, in relation to that controlled tenancy, for section 26 of this Act there shall be substituted the following section:—

“26 For the purposes of this Act, any land or premises let together with a dwelling-house shall, if the original rateable value of the land or premises let separately would be less than one-quarter of the original rateable value of the dwelling-house, be treated as part of the dwelling-house ; and for the purpose of this subsection "the original rateable value" means the value which, before 8th June 1968, was the rateable value for the purposes of the Increase of Rent and Mortgage Interest (Restrictions) Act 1920”.

2 If, immediately before 8th June 1968, a dwelling-house was let on or subject to a controlled tenancy within the meaning of the Rent Act 1957 and, for the purpose of determining that the controlled tenancy was not excluded from the Act of 1920 by virtue of section 12(7) of that Act (tenancies at less than two-thirds of rateable value), the expression " rateable value " fell to be construed in accordance with paragraph (e) of section 12(1) of the Act of 1920 as originally enacted (and not in accordance with the substituted paragraph set out in Schedule 1 to the Act of 1939) then, in relation to that controlled tenancy, for paragraph (a) of section 17(2) of this Act there shall be substituted the following paragraph:—

“(a) the rent payable under the tenancy is not less than two-thirds of the value which, before the commencement of this Act, was the rateable value of the dwelling-house for the purposes of the Increase of Rent and Mortgage Interest (Restrictions) Act 1920.”

3 In this Schedule "the Act of 1920" means the [1920 c. 17.] Increase of Rent and Mortgage Interest (Restrictions) Act 1920 and " the Act of 1939 " means the [1939 c. 71.] Rent and Mortgage Interest Restrictions Act 1939.

Controlled tenancies of dwelling-houses over 1965 limits of rateable value

4 If the rateable value of a dwelling-house on 23rd March 1965 exceeded £400, if it is in Greater London or £200, if it is elsewhere but the rateable value (determined in accordance with paragraph 1 of Schedule 3 to this Act) of that dwelling-house on 7th November 1956 did not exceed £40, if it was in the metropolitan police district or the City of London or £30, if it was elsewhere, then no account shall be taken of section 4 of this Act in determining whether the dwelling-house is let on or subject to a controlled tenancy.