The Rent Act 1977 (Forms etc.) (Amendment) Regulations 1993

Statutory Instruments

1993 No. 655

LANDLORD AND TENANT, ENGLAND AND WALES

The Rent Act 1977 (Forms etc.) (Amendment) Regulations 1993

Made

11th March 1993

Laid before Parliament

11th March 1993

Coming into force

1st April 1993

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 upon them by sections 49(2), 60, 66(2), 67, 67A(6), 74(1), 79(2) and 84 of the Rent Act 1977(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Rent Act 1977 (Forms etc.) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.

Amendments

2.  The Rent Act 1977 (Forms etc.) Regulations 1980(2) are amended as follows—

(a) in regulation 3—

(i) after paragraph (2)(b) insert—

“(bb) in the case of an application under section 67A for an interim registration of rent, form No. 9A;”;

(ii) at the beginning of paragraph (3) insert “Subject to paragraph (3A) below,”; and

(iii) after paragraph (3) insert—

“(3A) The form of notice to be served by a rent officer under paragraph 3(1) of Schedule 11 to the 1977 Act in the case of an application made under section 67A of that Act shall be form No. 12A.”;

(b) in Schedule 1, in the list of contents,—

(i) after the entry for form No. 9 insert—

“9A.   Application for an interim increase of rent on account of council tax.”; and

(ii) after the entry for form No. 12 insert—

“12A.   Notification of application for an interim increase of rent on account of council tax.”;

(c) in Schedule 1, at the end of paragraph 1 of forms No. 1 and No. 2 add “[This includes council tax]”;

(d) in Schedule 1, at the end of paragraph 7 of forms No. 5, 6 and 7 add—

“

A landlord may be liable for council tax if the property is in a house in multiple occupation, unless the property is an exempt dwelling. The main exemption is where the residents of such a dwelling are students or recent school or college leavers.”;

(e) in Schedule 1, at the end of paragraph 12 of form No. 5 add—

• “Include council tax if this is payable under the tenancy by the tenant to the landlord”;

(f) in Schedule 1, at the end of the note at the end of the form No. 5 add—

• “an application for registration of an interim rent to take into account the tenant’s liability to make payments to his landlord in respect of council tax (use Form 9A)”;

(g) in Schedule 1, after forms No. 9 and 12 insert forms No. 9A and 12A respectively as set out in the Schedule to this Order;

(h) in Schedule 2, after paragraph 8 insert—

“8A.   Liability for payment of council tax for the accommodation let to the tenant.”;

(i) in Schedule 3, in paragraph 7 after the word “rates” insert the words “and the council tax”;

(j) in Schedule 4, after paragraph 5 insert—

“5A.   Liability for payment of council tax for the accommodation occupied by the lessee.”.

Michael Howard

Secretary of State for the Environment

11th March 1993

David Hunt

Secretary of State for Wales

11th March 1993

Regulation 2(g)

SCHEDULE

FORM No. 9A RENT ACT 1977, section 67A and RENT (AGRICULTURE) ACT 1976, section 13APPLICATION FOR AN INTERIM REGISTRATION OF FAIR RENT IN THE CASE OF INCREASE ON ACCOUNT OF COUNCIL TAX.

FORM No. 12A

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Rent Act 1977 (Forms etc.) Regulations 1980 and are consequential on the introduction of the council tax under the Local Government Finance Act 1992 (c. 14). They prescribe the form to be used where there is an application for an interim increase of rent on account of council tax under sections 67A of the Rent Act 1977 and for the rent officer to notify the other party that such an application has been made. They make other minor, consequential amendments to the 1980 Regulations.

(1)

1977 c. 42; section 67(2) was substituted by the Housing Act 1980 (c. 51), section 59(2); section 67A was inserted by paragraph 3 of Schedule 2 to the Local Government Finance (Housing) (Consequential Amendments) Order 1993 (S.I. 1993/651) and has effect in transitional cases; section 74(1) was amended by the Housing Act 1988 (c. 50), section 41(1) and by the Local Government and Housing Act 1989 (c. 42), Schedule 11, paragraph 51; and See the definition of “prescribed” in sections 61(1) and 75 of the 1977 Act. Sections 67, 67A and 74(1) of the 1977 Act are applied by section 13 of the Rent (Agriculture) Act 1976 (c. 80) to statutory tenancies under the 1976 Act; section 13 was amended by the Rent Act 1977, Schedule 23, paragraph 75, the Housing Act 1980, section 61(2) and Schedule 25, paragraph 33, the Housing Act 1988, Schedule 18 and paragraphs 1 and 2 of Schedule 2 to the Local Government Finance (Housing) (Consequential Amendments) Order 1993.

(2)

S.I. 1980/1697; relevant amending instruments are S.I. 1987/266 and S.I. 1988/2195.