Housing and Planning Act 1986

17 Matters to be taken into account in determining fair rent. E+W

(1) Section 70 of the M1 Rent Act 1977 (determination of fair rent) is amended as follows.

(2) In subsection (1) (matters to be taken into account), omit the word “and” before paragraph (b) and after that paragraph insert—

“, and

(c) any premium, or sum in the nature of a premium, which has been or may be lawfully required or received on the grant, renewal, continuance or assignment of the tenancy.”.

(3) After subsection (4) insert—

“(4A) In this section “premium” has the same meaning as in Part IX of this Act, and “sum in the nature of a premium” means—

(a) any such loan as is mentioned in section 119 or 120 of this Act,

(b) any such excess over the reasonable price of furniture as is mentioned in section 123 of this Act, and

(c) any such advance payment of rent as is mentioned in section 126 of this Act.”.

(4) The above amendments apply to every decision made by a rent officer or rent assessment committee after the commencement of this section, notwithstanding that the application was made before commencement or, in the case of a decision of a rent assessment committee, that the rent officer’s decision was made before commencement.

Marginal Citations

M1 1977 c. 42.