Statutory Instruments
LANDLORD AND TENANT, ENGLAND AND WALES
Made
14th December 1988
Laid before Parliament
22nd December 1988
Coming into force
15th January 1989
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 74(1) of the Rent Act 1977(1), and of all other powers enabling them in that behalf, and after consultation with the Council on Tribunals, hereby make the following Regulations:
1. These Regulations may be cited as the Rent Assessment Committees (England and Wales) (Amendment) Regulations 1988 and shall come into force on 15th January 1989.
2. The Rent Assessment Committees (England and Wales) Regulations 1971(2) are amended as follows—
(1) insert at the end of the definition of “reference” in regulation 2(2) “or which is referred or made under section 6, 13 or 22 of the Housing Act 1988”;
(2) insert before “as the case may be” in regulation 2(3) “or regulation 2A(4) of these regulations”;
(3) insert after regulation 2—
2A.—(1) This regulation applies where a reference is made under section 6, 13 or 22 of the Housing Act 1988.
(2) The committee shall serve on each party a notice specifying a period of not less than 7 days from the service of the notice during which either representations in writing or a request to make oral representations may be made by that party to the committee.
(3) A notice served under paragraph (2) above on the party who did not make the reference shall be accompanied by a copy of the reference.
(4) Where a party makes a request to make oral representations within the period specified in paragraph (2) above (or such further period as a committee may allow), the committee shall give him an opportunity to be heard in person or by a person authorised by him, whether or not that person is of counsel or a solicitor.
(5) The committee shall make such inquiry, if any, as they think fit and consider any information supplied or representation made to them in pursuance of paragraph (2) above.”;
(4) insert after “the Rent Act 1977” in regulation 3(4) “or regulation 2A(2) of these regulations”;
(5) insert after “dwelling-houses” in regulation 5(1)(b) “or, as the case may be, to the terms (including rent) of assured tenancies or assured agricultural occupancies of other dwelling-houses where such tenancies or occupancies have been the subject of a reference to a committee and in either case”, and omit the following “and”.
Signed by authority of the Secretary of State
John Selwyn Gummer
Minister of State,
Department of the Environment
13th December 1988
Peter Walker
Secretary of State for Wales
14th December 1988
(This note is not part of the Regulations)
These Regulations amend the Rent Assessment Committees (England and Wales) Regulations 1971 (which regulate the procedure to be followed by rent assessment committees) to take account of the functions of rent assessment committees under Part I of the Housing Act 1988 in relation to assured tenancies and assured agricultural occupancies.
1977 c. 42; section 74(1)(b) was amended by the Housing Act 1988 (c. 50), section 41(1).