Modifications etc. (not altering text)
C1Part I (ss. 1–45) modified by S.I. 1990/776, arts. 2(2), 5(2)(b) and excluded by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 242
C2Part I (ss. 1–45) applied by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8, para. 19(3)
C3Part I (ss. 1-45) definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167(3), 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)
C4Pt. I (ss. 1-45) definition applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168(3), 225(2), Sch. 19 para. 10 (with ss. 15(6), 179, 222(3), 224(1), Sch. 22 para. 1, Sch. 23 para. 6)
C5Pt. I (ss. 1-45) restricted (1.11.1993) by 1993 c. 28, s. 59(2)(c)(iii); S.I. 1993/2134, arts. 2, 5
Pt. I (ss. 1-45) excluded (3.3.1997) by 1985 c. 68, s. 348D(5) (as inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2
Pt. I (ss. 1-45) modified (1.10.1996) by 1996 c. 27, s. 30(4)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)
C6Pt. 1 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 33, 270(3); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
(1)This section applies to—
(a)a statutory periodic tenancy other than one which, by virtue of paragraph 11 or paragraph 12 in Part I of Schedule 1 to this Act, cannot for the time being be an assured tenancy; and
(b)any other periodic tenancy which is an assured tenancy, other than one in relation to which there is a provision, for the time being binding on the tenant, under which the rent for a particular period of the tenancy will or may be greater than the rent for an earlier period.
(2)For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than—
(a)the minimum period after the date of the service of the notice; and
(b)except in the case of a statutory periodic tenancy, the first anniversary of the date on which the first period of the tenancy began; and
(c)if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14 below, the first anniversary of the date on which the increased rent took effect.
(3)The minimum period referred to in subsection (2) above is—
(a)in the case of a yearly tenancy, six months;
(b)in the case of a tenancy where the period is less than a month, one month; and
(c)in any other case, a period equal to the period of the tenancy.
(4)Where a notice is served under subsection (2) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice,—
(a)the tenant by an application in the prescribed form refers the notice to a rent assessment committee; or
(b)the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.
(5)Nothing in this section (or in section 14 below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).