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Section 26.
1Section fourteen of the Act of 1920 (which relates to the recovery by the tenant of sums overpaid by way of rent and other related matters) shall have effect as if any sum in respect of rent which is irrecoverable by virtue of this Act (including any sum irrecoverable by virtue of section fifteen thereof) were irrecoverable by virtue of the Act of 1920.
2Subsection (1) of section six and subsection (1) of section eight of the Rent and Mortgage Interest Restrictions Act, 1923 (which relate to the amendment of notices of increase of rent by the county court) shall apply to notices of increase under this Act.
3In section sixteen of the Landlord and Tenant Act, 1927 (which enables landlords to recover, as rent, sums in respect of increases in taxes, rates or fire premiums ascribable to improvements made by tenants) for the words from " anything to the contrary " to the end of the section there shall be substituted the words " and shall be so recoverable notwithstanding anything in the Rent Act, 1957 ".
4In section four and subsection (1) of section eight of the Act of 1933 (which relate to excessive charges for sublet parts of dwellings and to the rectification of rent books) the references to recoverable rent shall be construed as references to the rent which is or was for the time being recoverable having regard to the provisions of this Act, and references to rent which is irrecoverable snail be construed accordingly.
5In paragraph 2 of the First Schedule to the Landlord and Tenant (Rent Control) Act, 1949 (which provides for the recovery of premiums by deduction from rent) for the words from "shall not" in sub-paragraph (1) to the end of sub-paragraph (2) there shall be substituted the words " shall not exceed the rent recoverable in accordance with the provisions of the Rent Act, 1957 (other than paragraph 5 of the Sixth Schedule there(a) less the rental equivalent of the premium ".
6(1)As respects any statutory tenancy arising after the commencement of this Act under section sixteen, seventeen or eighteen of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act, 1951, the provisions of the three following sub-paragraphs shall have effect in substitution for the provisions of those sections as to standard rents.
(2)Subject to the following provisions of this paragraph, the rent for any rental period for which it is neither increased nor reduced under the provisions of this Act other than this paragraph shall be of an amount equal to the rent limit ascertained under subsection (1) of section one of this Act.
(3)Where tile rent payable for the last rental period of the tenancy qualifying for protection referred to in section sixteen or section seventeen of the said Act of 1951, (hereinafter referred to as "the contractual rent") was greater than the amount mentioned in the last foregoing sub-paragraph, the rent payable for any such rental period as is mentioned in that sub-paragraph shall be of an amount equal to the contractual rent; and where this sub-paragraph has effect the rent limit shall be an amount equal to the contractual rent, but subject to adjustment from time to time under sections three and four of this Act and under section five thereof except as respects improvements completed before the beginning of the statutory tenancy, and to reduction as provided by Part II of the First Schedule to this Act in case of disrepair.
(4)The foregoing provisions of this paragraph shall have effect subject to any agreement between the parties for the payment of a lower rent; and where a lower rent is agreed it shall not be increased under this Act, but may notwithstanding anything in this Act be increased up to the rent limit by agreement in writing between the parties.
7In paragraph (b) of subsection (1) of section six of the Landlord and Tenant Act, 1954, for the words " so agreed or determined " there shall be substituted the words " agreed or determined in accordance with the next following section ".
8(1)In relation to any statutory tenancy created under Part I of the Landlord and Tenant Act, 1954, after the commencement of this Act, any reference in sections seven and nine of that Act to the rent which is to be the standard rent of the dwelling-house during the period of the statutory tenancy shall be construed as a reference to the rent which during the period of the statutory tenancy is to be the rent for any rental period for which it is neither increased nor reduced under the provisions of this Act other than this paragraph.
(2)The last-mentioned rent shall, unless a lower rent is agreed, be an amount equal to the rent limit, ascertained under subsection (1) of section one of this Act ;.and where a lower rent is agreed it shall not be increased under this Act but notwithstanding anything therein may be increased up to that limit by agreement in writing between the landlord and the tenant.
(3)The foregoing sub-paragraph shall not apply to a dwelling-house such that at the beginning of the period of the statutory tenancy it would but for subsection (4) of section eleven of this Act be excluded from the Rent Acts by subsection (1) or subsection (3) of that section; but in the case of any such dwelling-house the rent limit during the period of the statutory tenancy shall, notwithstanding anything in subsection (1) of section one of this Act, be the rent agreed or determined under section seven of the Landlord and Tenant Act, 1954, subject however to the provisions of subsection (2) of section one of this Act.
9At the end of paragraph 9 of the First Schedule to the Landlord and Tenant Act, 1954 (which provides, in certain cases, for the recovery of instalments of a payment for accrued tenant's repairs as if it were rent) there shall be added the words " and shall be so recoverable notwithstanding anything in the Rent Act, 1957 ".
10In the Second Schedule to the said Act of 1954, at the end of sub-paragraph (1) of paragraph 1 (which empowers the court to order a reduction of rent where the landlord fails to carry out initial repairs) there shall be added the words " and any such order shall have effect notwithstanding anything in the Rent Act, 1957 ".
11In paragraph (e) of subsection (2) of section three of the Housing (Financial Provisions) Act, 1924, for the words from " the appropriate normal rent" to "local authority themselves" there shall be substituted the words " the limit imposed by section twenty of the Rent Act, 1957 ".
12In subsection (1) of section three of the Housing (Rural Workers) Act, 1926, the following paragraph shall be substituted for paragraph (b)—
“(b)the rent payable by the occupier in respect of the dwelling shall not exceed the limit imposed by section twenty of the Rent Act, 1957, and no fine, premium or other like sum shall be taken in addition to the rent”.
13In subsection (1) of section three of the Housing- (Financial Provisions) Act, 1938, the following paragraph shall be substituted for paragraph (b)—
“(b)if let, is let at a rent not exceeding the limit imposed by section twenty of the Rent Act, 1957”.
14In subsection (1) of section twenty-three of the Housing Act, 1949, the following words shall be substituted for heads (i) and (ii) of paragraph (c)—
“the limit imposed by section twenty of the Rent Act, 1957”.
15(1)The Landlord and Tenant Act, 1954, shall be amended as follows.
(2)In subsection (1) of section two, the words " at a low rent" where they first occur shall be omitted, and for the words " if the tenancy had not been one at a low rent " there shall be substituted the words " if the tenancy had not been a long tenancy and (in the case of a tenancy at a low rent) had not been a tenancy at a low rent ".
(3)In subsections (2) and (3) of section two and in sections eighteen and nineteen, the words " at a low rent" shall be omitted wherever those words occur.
(4)In subsection (3) of section three, for the words " if the tenancy in question were not one at a low rent" there shall be substituted the words " if the tenancy in question were not a long tenancy and (in the case of a tenancy at a low rent) were not a tenancy at a low rent ".
(5)In subsection (2) of section twelve, in paragraphs (a) and (6), for the words " if the tenancy were not one at a low rent" there shall be substituted the words " if the tenancy were not a long tenancy and (in the case of a tenancy at a low rent) were not a tenancy at a low rent ".
(6)In subsection (1) of section nineteen, immediately before the words " the second tenancy " there shall be inserted the words " and the second tenancy is a tenancy at a low rent ".
16Sections nine and ten of the Act of 1920 (which relate to furnished lettings) shall cease to have effect.
17In subsection (2) of section fourteen of the Act of 1920 (which, as amended, imposes a penalty of twenty pounds for offences in connection with rent books), for the words " twenty pounds " there shall be substituted the words " fifty pounds ".
18In sections ten and eleven of the Act of 1933 (which confer on local authorities power to publish information and power to prosecute for offences) the references to the principal Acts shall be deemed to include references to the Landlord and Tenant (Rent Control) Act 1949, and this Act
19The power conferred by section fourteen of the Act of 1933 to make regulations shall include power to make regulations prescribing forms for notices, certificates and other documents required or authorised under this Act and requiring such notices, certificates and documents to contain such information as may be specified in the regulations.
20In subsection (3) of the said section fourteen (which imposes a penalty of ten pounds for the use of rent books not conforming to the prescribed requirements), for the words " ten pounds " there shall be substituted the words " fifty pounds ".
21For paragraph (b) of the First Schedule to the Act of 1933 (which relates to possession without proof of alternative accommodation), the following paragraph shall be substituted—
“(h)the dwelling-house is reasonably required by the landlord (not being a landlord who has become landlord by purchasing the dwelling-house or any interest therein after the seventh day of November, nineteen hundred and fifty-six) for occupation as a residence for—
(i)himself; or
(ii)any son or daughter of his over eighteen years of age; or
(iii)his father or mother.”
22Section two of the Housing Act, 1936 (which implies, in contracts for letting at rents below specified limits, a condition as to fitness for human habitation), shall have effect, in relation to contracts entered into after the commencement of this Act, as if for the words " forty pounds " and " twenty-six pounds " there were substituted respectively the words " eighty pounds " and " fifty-two pounds ".
23Section one hundred and sixty-seven of the Housing Act, 1936 (which relates to the service of notices) shall apply to the service of notices, certificates and documents required or authorised to be served under this Act, and, without prejudice to the generality of the foregoing provision, shall apply to the service of such notices, certificates and documents by virtue of subsection (5) of section seven of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1938, as applied by this Schedule on an agent of the landlord or a person receiving the rent.
24Subsection (5) of section seven of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1938 (which enables documents to be served on agents or persons receiving rent and compels such persons to disclose the name and address of the landlord) shall apply for the purposes of this Act as if references therein to the principal Act included references to this Act.
25(1)In subsection (2) of section sixteen of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act, 1951, there shall be added at the end of paragraph (bb) the words " or by or under section eleven of the Rent Act, 1957 " , but the Rent Acts shall not apply by virtue of this sub-paragraph where on the coming to an end of the tenancy qualifying for protection the tenant is entitled to retain possession by virtue of the Fourth Schedule to this Act.
(2)Nothing in section eleven of this Act or any order thereunder shall affect any statutory tenancy which by virtue of the said Act of 1951 is subsisting at the commencement of this Act or the date specified in the order as the date on which the Rent Acts are to cease to apply.
(3)At the end of subsection (2) of section sixteen of the said Act of 1951 there shall be added the following paragraph:—
“(f)that the tenancy qualifying for protection was a long tenancy as defined in section two of the Landlord and Tenant Act, 1954”.
(4)In subsection (4) of section nineteen of the said Act of 1951, for the words " as mentioned in subsection (2) of this section " there shall be substituted the words " as mentioned in subsection (1) of section sixteen or subsection (1) of section eighteen of this Act, or apply by virtue of section seventeen of this Act ".
26(1)Section thirty-three of the Housing Repairs and Rents Act, 1954 (under which a tenancy where the interest of the landlord belongs to a housing association is not a controlled tenancy if the condition specified in subsection (2) of that section is fulfilled) shall have effect as if at the end of the said subsection (2) there were added the following:— “or
(c)the premises comprised in the tenancy were provided by the housing association with the assistance of a local authority or county council under subsection (3) of section ninety-three of the Housing Act, 1936, or were provided or improved by the housing association in accordance with arrangements made under section thirty-one of the Housing Act, 1949.”
(2)Subsection (8) of the said section thirty-three (which provides for the variation of arrangements between housing associations and local authorities) shall apply in relation to agreements and arrangements entered into before the commencement of this Act in connection with the assistance mentioned in sub-paragraph (1) of this paragraph or under section thirty-one of the said Act of 1949 as it applies in relation to the arrangements mentioned in that subsection.
27(1)In section forty-three of the Landlord and Tenant Act. 1954, in paragraph (c) of subsection (1) after the words " 1920" there shall be inserted the words " or subsection (1) of section twenty-one of the Rent Act, 1957 ".
(2)In paragraph 1 of the Third Schedule to the said Act of 1954, for the words " the twenty-first day of November, nineteen hundred and fifty " in paragraph (a)'of the proviso there shall be substituted the words " the seventh day of November, nineteen hundred and fifty-six ".
28Section five of the Removal Terms (Scotland) Act, 1886, shall have effect as if at the end thereof there were added the following:—
“Provided that in no case shall notice of removal be given less than twenty-eight days before the date on which it is to take effect.”
29Section thirty-eight of the Sheriff Courts (Scotland) Act, 1907, shall have effect as if at the end thereof there were added the following:—
“Provided that in no case shall notice of removal be given less than twenty-eight days before the date on which it is to take effect”
30(1)The House Letting and Rating (Scotland) Act, 1911, shall be amended as follows.
(2)In section four for the words "the next payment" in the first place where they occur there shall be substituted the words " a payment ", and for those words in the second place where they occur there shall be substituted the words " that payment ", and in paragraph (b) of the proviso for the words from " except" to the end of the section there shall be substituted the words " so, however, that in no case shall the notice be given less than twenty-eight days before the date on which it is to take effect. "
(3)In section five for the words " forty-eight hours " there shall be substituted the words " twenty-eight days ".
31Where a repayment has been or will be made under section twelve of the Clean Air Act, 1956, in respect of an improvement the reference in paragraph (a) of subsection (1) of section two of the Act of 1920 to the amount expended on the improvement shall be construed as a reference to that amount diminished by the amount of the repayment.
32(1)Section twenty-five of the Housing (Repairs and Rents) (Scotland) Act, 1954 (under which a tenancy where the interest of the landlord belongs to a housing association is not a controlled tenancy if the condition specified in subsection (2) of that section is fulfilled) shall have effect as if at the end of the said subsection (2) there were added the following:— “or
(c)the premises comprised in the tenancy were provided by the housing association with the assistance of a local authority under subsection (2) of section seventy-nine of the Housing (Scotland) Act, 1950, or were improved by the housing association in accordance with arrangements made under section one hundred and twenty-one of that Act”.
(2)Subsection (7) of the said section twenty-five (which provides for the variation of arrangements between housing associations and local authorities) shall apply in relation to agreements and arrangements entered into before the commencement of this Act in connection with the assistance mentioned in sub-paragraph (1) of this paragraph or under section one hundred and twenty-one of the said Act of 1950 as it applies in relation to the arrangements mentioned in that subsection.
(3)Paragraph 9 of the First Schedule to the said Act of 1954 shall have effect as if at the end there were added the following sub-paragraph—
“(c)if or in so far as the cost thereof has been or will be repaid under section twelve of the Clean Air Act, 1956”.
33(1)Paragraph 1, paragraphs 16 to 21, paragraphs 23 and 24, sub-paragraphs (1), (2) and (4) of paragraph 25, and paragraphs 28 to 32 of this Schedule shall apply to Scotland subject to the modifications hereinafter mentioned, but save as aforesaid the foregoing provisions of this Schedule shall not apply to Scotland.
(2)Nothing in paragraph 19 shall apply to any notice served for the purposes of section seven or nine of this Act.
(3)In paragraph 23 for the reference to section one hundred and sixty-seven of the Housing Act, 1936, there shall be substituted a reference to section three hundred and forty-nine of the Local Government (Scotland) Act, 1947, subject however to the modification that any reference in that section to a local authority shall include a reference to any person other than a local authority.
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