(1)An application may be made in accordance with this section for the cancellation of the registration of a rent for a dwelling-house where—
(a)a rent agreement as respects the dwelling-house takes effect, or is to take effect, after the expiration of a period of [F13 years] beginning with the relevant date (as defined in section 67(5) of this Act), and
(b)the period for which the tenancy has effect cannot end, or be brought to an end by the landlord (except for non-payment of rent or a breach of the terms of the tenancy), earlier than 12 months after the date of the application, and
(c)the application is made jointly by the landlord and the tenant under the agreement.
[F2(1A)Such an application may also be made where—
(a)not less than two years have elapsed since the relevant date (as defined in section 67(5) of this Act); and
(b)the dwelling-house is not for the time being subject to a regulated tenancy; and
(c)the application is made by the person who would be the landlord if the dwelling-house were let on such a tenancy.]
(2)The rent agreement may be one providing that the agreement does not take effect unless the application for cancellation of registration is granted.
[F3(3)An application under this section must—
(a)be in the form prescribed for the application concerned and contain the prescribed particulars; and
(b)be accompanied, in the case of an application under subsection (1) above, by a copy of the rent agreement.]
(4)If [F4the application is made under subsection (1) above and] the rent officer is satisfied that the rent, or the highest rent, payable under the rent agreement does not exceed a fair rent for the dwelling-house, he shall cancel the registration [F5and he shall also cancel the registration if the application is made under subsection (1A) above].
(5)Where [F6the application is made under subsection (1) above and] under the terms of the rent agreement the sums payable by the tenant to the landlord include any sums varying according to the cost from time to time of any services provided by the landlord or a superior landlord, or of any works of maintenance or repair carried out by the landlord or a superior landlord, the rent officer shall not cancel the registration unless he is satisfied that those terms are reasonable.
(6)[F7A cancellation made in pursuance of an application under subsection (1) above] shall not take effect until the date when the agreement takes effect; and if the cancellation is registered before that date, the date on which it is to take effect shall be noted on the register.
(7)The cancellation of the registration shall be without prejudice to a further registration of a rent at any time after cancellation.
(8)The rent officer shall notify the applicants of his decision to grant, or to refuse, any application under this section.
(9)In this section “rent agreement” means—
(a)an agreement increasing the rent payable under a protected tenancy which is a regulated tenancy, or
(b)where a regulated tenancy is terminated, and a new regulated tenancy is granted at a rent exceeding the rent under the previous tenancy, the grant of the new tenancy.
Textual Amendments
F1Words “2 years” were substituted for the words “3 years” except in any case where, on the determination or confirmation of a rent by the rent officer, the rent determined by him is registered, or his confirmation is noted in the register, before 28.11.1980 by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 40
F2S. 73(1A) inserted by Housing Act 1980 (c. 51, SIF 61), s. 62(2)
F3S. 73(3) substituted by Housing Act 1980 (c. 51, SIF 61), s. 62(3)
F4Words inserted by Housing Act 1980 (c. 51, SIF 61), s. 62(4)(a)
F5Words inserted by Housing Act 1980 (c. 51, SIF 61), s. 62(4)(b)
F6Words inserted by Housing Act 1980 (c. 51, SIF 61), s. 62(5)
F7Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 62(6)