Part I Preliminary
Exceptions
4 Dwelling-houses above certain rateable values.
1
A tenancy F1which 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.
- a
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.
- a
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.
F24
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, F3council 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.