PART IIE+W PROVISION OF HOUSING ACCOMMODATION

Modifications etc. (not altering text)

C1Pt. II (ss. 8–57): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

C2Pt. II (ss. 8-57) restricted (19.8.1996) by 1996 c. 49, s. 9(4)(a); S.I. 1996/2127, art. 2, Sch. Pt. I

Housing managementE+W

25 Increase of rent where tenancy not secure.E+W

(1)This section applies where a house is let by a local housing authority on a weekly or other periodic tenancy which is not a secure tenancy [F1or an introductory tenancy] [F2or a dwelling (in Wales) is let by such an authority on a weekly or other periodic tenancy which is not an occupation contract].

(2)The rent payable under the tenancy may, without the tenancy being terminated, be increased with effect from the beginning of a rental period by a written notice of increase given by the authority to the tenant.

(3)The notice is not effective unless—

(a)it is given at least four weeks before the beginning of the rental period, or any earlier day on which the payment of rent in respect of that period falls to be made,

(b)it tells the tenant of his right to terminate the tenancy and of the steps to be taken by him if he wishes to do so, and

(c)it gives him the dates by which, if in accordance with subsection (4) the increase is not to be effective, a notice to quit must be received by the authority and the tenancy be made to terminate.

(4)Where the notice is given for the beginning of a rental period and the tenancy continues into that period, the notice shall not have effect if—

(a)the tenancy is terminated by notice to quit given by the tenant in accordance with the provisions (express or implied) of the tenancy,

(b)the notice to quit is given before the end of the period of two weeks following the date on which the notice of increase is given, or such longer period as may be allowed by the notice of increase, and

(c)the date on which the tenancy is made to terminate is not later than the earliest day on which the tenancy could be terminated by a notice to quit given by the tenant on the last day of that period.

(5)In this section “rental period” means a period in respect of which a payment of rent falls to be made.

Textual Amendments

F1Words in s. 25(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(b)