Rent Act 1977

Special rent limit

1 (1) This paragraph applies to 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 [1973 c. 9.] Counter-Inflation Act 1973 (which brought certain tenancies of dwelling-houses with high rateable values within the protection of the [1968 c. 23.] 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.

2 (1) Where, at 22nd March 1973, Article 10 of the [S.I. 1972/1851.] 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.

(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.