PART IIIRents under Regulated Tenancies

Regulation of rent

50Private street works to count as improvements

1

This section applies where any dwelling-house which is the subject of a regulated tenancy has access to a street on which works have been carried out under—

a

section 174, 189 or 190 of the [1959 c. 25.] Highways Act 1959 (certain authorities to execute street works in accordance with the Codes of 1875 and 1892), or

b

the corresponding provisions of any local Act.

2

The amount—

a

of any expenditure incurred after 7th December 1965 by the landlord or a superior landlord in the carrying out of the works in question, or

b

of any liability incurred after that date by the landlord or a superior landlord in respect of those works to the authority by whom they were carried out,

shall be treated (whether or not apart from this section it would be so treated) as expenditure incurred by the landlord or superior landlord on an improvement effected in the dwelling-house.

3

Subsection (2)(b) above applies whether the liability mentioned in that subsection is dischargeable in a lump sum or by instalments, but for the purposes of this section interest shall be excluded in determining the amount of any liability which is dischargeable by instalments.

4

If benefit accrues from the carrying out of the works not only to the dwelling-house but also to other premises of the landlord or superior landlord, then for the purposes of this section the amount to be treated as expenditure on an improvement effected in the dwelling-house shall be so much only of the expenditure or liability as may be determined by agreement in writing between the landlord and the tenant or by the county court.

5

For the purposes of this section, the amount of any expenditure shall be treated as diminished by the amount of any contribution made in respect of that expenditure under any enactment.

6

No application may be made under section 48(4) of this Act in relation to an increase authorised by virtue of this section.