Counter-Inflation Act 1973
- (7) The High Court or the county court may by order vary all or any of the terms of the tenancy imposed by sub-paragraph (4) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by the provisions of sections 23 and 24 of the Rent Act 1968).
- (8) If at the passing of this Act the dwelling-house is occupied by a person who would, if the tenancy had been a regulated tenancy have been the " first successor " within the meaning of paragraph 4 of Schedule 1 to the Rent Act 1968—
- (a) an application under sub-paragraph (3) above may be made by that person, and
- (b) sub-paragraphs (4), (5) and (6) above shall apply where that person retains possession as they apply where the tenant retains possession.
Mortgages
8
At the end of section 93 of the Rent Act 1968 (mortgages to which Part VIII of that Act applies) there shall be inserted the following subsection—
(5) If at the date of the passing of the Counter-Inflation Act 1973 land consisting of or including a dwelling-house was subject to a tenancy which becomes a regulated tenancy by virtue of section 14 of that Act, then in relation to that dwelling-house (and any land including that dwelling-house)— (a) sections 94 and 95 below shall have effect as if for the reference in subsection (1)(a) above to 8th December 1965 there were substituted a reference to the date of the passing of the said Act; (b) subsection (2)(a) of the said section 94 shall have effect as if for the reference to the appropriate day there were substituted a reference to 7th March 1973, and (c) subsection (1)(b) of the said section 95 shall not apply.
Grounds for possession of dwelling-house
9
If at the date of the passing of this Act a dwelling-house was subject to a tenancy which becomes a regulated tenancy by virtue of the principal section, then, in relation to that tenancy—
- (a) Case 5, paragraph (b) of Case 10, and paragraph 2(a) of Part III, of Schedule 3 to the Rent Act 1968 shall have effect as if for the references in those provisions to 8th December 1965 there were substituted references to the date of the passing of this Act,
- (b) Case 8 of the said Schedule 3 shall have effect as if for the reference to 23rd March 1965 there were substituted a reference to 8th March 1973, and
- (c) the said paragraph 2(a) of Part III of Schedule 3 shall have effect as if for 7th June 1966 there were substituted a reference to the expiration of a period of six months beginning with the passing of this Act.
Reserve and Auxiliary Forces (Protection of Civil Interests Act) 1951
10
In section 16(2)(a) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (protection of premises by extension of the Rent Acts) the words "on the appropriate day " shall cease to have effect, and for the words " in subsection (1)(a) of section 1" there shall be substituted the words " in paragraphs (a), (aa) or (aaa) of subsection (1) of section 1 ".
Tenancies at a low rent
11
- (1) At the end of section 2(1) of the Rent Act 1968 there shall be inserted the following proviso :—
Provided that paragraph (a) of this subsection shall apply in relation to a dwelling-house— (i) in relation to which the appropriate day fell before the passing of the Counter-Inflation Act 1973, and (ii) which had on the said appropriate day a rateable value exceeding, if it is in Greater London, £400 or, if it is elsewhere, £200, as if for the reference in the said paragraph (a) to the appropriate day there were substituted a reference to the date of passing of the Counter-Inflation Act 1973.
.
- (2) In section 2(5) of the Landlord and Tenant Act 1954 (as originally enacted) for paragraphs (a) and (b) there shall be substituted the words " for the purposes of this subsection the rateable value of the property is that which would be taken as its rateable value for the purposes of section 2(1)(a) of the Rent Act 1968. "
Construction
12
In this Schedule—
- (a) " rates " includes water rates and charges,
- (b) other expressions shall be construed as in the Rent Act 1968.
SCHEDULE 6
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