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Rent Act 1977
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Rent Act 1977, Section 45 is up to date with all changes known to be in force on or before 11 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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: [F1section 71(3)], paragraph 1(3) of Schedule 7, . . . F2 . . . F3 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 [F4from 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 [F5and 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
F1Words substituted (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 2(a), Sch. 2
F2Words repealed (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 2(b), Sch. 2
F3Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26
F4Words substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 61(4)(8)
F5Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 37
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