Part V Rents Under Restricted Contracts

Control of rents

78 Powers of rent tribunals on reference of contracts.

1

Where a restricted contract is referred to a rent tribunal and the reference is not, before the tribunal have entered upon consideration of it, withdrawn by the party or authority who made it, the tribunal shall consider it.

2

After making such inquiry as they think fit and giving toβ€”

a

each party to the contract, and

b

if the general management of the dwelling is vested in and exercisable by a housing authority, that authority,

an opportunity of being heard or, at his or their option, of submitting representations in writing, the tribunal, subject to subsections (3) and (4) below,β€”

i

shall approve the rent payable under the contract, or

ii

shall reduce or increase the rent to such sum as they may, in all the circumstances, think reasonable, or

iii

may, if they think fit in all the circumstances, dismiss the reference,

and shall notify the parties . . . F1 of their decision.

3

On the reference of a restricted contract relating to a dwelling for which a rent is registered under Part IV of this Act, the rent tribunal may not reduce the rent payable under the contract below the amount which would be recoverable from the tenant under a regulated tenancy of the dwelling.

4

An approval, reduction or increase under this section may be limited to rent payable in respect of a particular period.

5

In F2subsection (2) above β€œhousing authority”F3means a local housing authority within the meaning of the Housing Act 1985.