Rent Act 1977

[F1 52 Protection: special provisions following conversion. E+W

(1) This section applies to an agreement with a tenant having security of tenure which is entered into after the commencement of provisions following section 68(2) of the M1 Housing Act 1980 if the tenancy has become or, conversion. as the case may be, the previous tenancy became a regulated tenancy by conversion.

(2) Any such agreement which purports to increase the rent payable under a protected tenancy shall, if entered into at a time when no rent is registered for the dwelling-house under Part IV of this Act, be void.

(3) If any such agreement constitutes a grant of a regulated tenancy and is made at a time when no rent is so registered, any excess of the rent payable under the tenancy so granted (for any contractual or statutory period of the tenancy) over the rent limit applicable to the previous tenancy, shall be irrecoverable from the tenant; but this subsection ceases to apply if a rent is subsequently so registered.

(4) For the purposes of this section a tenancy is a regulated tenancy by conversion if it has become a regulated tenancy by virtue of—

(a) Part VIII of this Act, section 43 of the M2 Housing Act 1969 or Part 111 or IV of the M3 Housing Finance Act 1972) (conversion of controlled tenancies into regulated tenancies); or

(b) section 18(3) of this Act or paragraph 5 of Schedule 2 to the M4 Rent Act 1968 (conversion on death of first successor); or

(c) section 64 of the Housing Act 1980 (conversion of all remaining controlled tenancies).

(5) This section does not apply to any agreement where the tenant is neither the person who, at the time of the conversion, was the tenant nor a person who might succeed the tenant at that time as a statutory tenant.

(6) Where a rent is registered for the dwelling-house and the registration is subsequently cancelled, this section shall not apply to the agreement submitted to the rent officer in connection with the cancellation nor to any agreement made so as to take effect after the cancellation.]

Textual Amendments

F1 S. 52 substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 68(2), Sch. 25 Pt.II para. 65

Marginal Citations

M1 1980 c. 51.

M2 1969 c. 33

M3 1972 c. 47

M4 1968 c. 23.