Rent Act 1977

Part I — Preliminary

Protected and statutory tenancies

Interpretation of Part IV.

1

Subject to this Part of this Act, a tenancy under which a dwelling-house (which may be a house or part of a house) is let as a separate dwelling is a protected tenancy for the purposes of this Act.

Statutory tenants and tenancies

2

• (1) Subject to this Part of this Act—

• (a) after the termination of a protected tenancy of a dwelling-house the person who, immediately before that termination, was the protected tenant of the dwelling-house shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it: and

• (b) Part 1 of Schedule 1 to this Act shall have effect for determining what person (if any)—

• (i) is the statutory tenant of the dwelling-house, or (as the case may be),

• (ii) in the case of a dwelling-house in England, is entitled to an assured tenancy of a dwelling-house by succession, or

• (iii) in the case of a dwelling-house in Wales, is entitled to a secure contract of a dwelling-house by succession,

at any time after the death of a person who, immediately before that person’s death, was either a protected tenant of the dwelling-house or a statutory tenant of it by virtue of paragraph (a) above.

• (2) In this Act a dwelling-house is referred to as subject to a statutory tenancy when there is a statutory tenant of it.

• (3) In subsection (1)(a) above and in Part I of Schedule 1, the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed as it was immediately before the commencement of this Act (that is to say, in accordance with section 3(2) of the Rent Act 1968).

• (4) A person who becomes a statutory tenant of a dwelling-house as mentioned in subsection (1)(a) above is, in this Act, referred to as a statutory tenant by virtue of his previous protected tenancy.

• (5) A person who becomes a statutory tenant as mentioned in subsection 1(b) above is, in this Act, referred to as a statutory tenant by succession.

Terms and conditions of statutory tenancies

3

• (1) So long as he retains possession, a statutory tenant shall observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with the provisions of this Act.

• (2) It shall be a condition of a statutory tenancy of a dwelling-house that the statutory tenant shall afford to the landlord access to the dwelling-house and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

• (3) Subject to section 5 of the Protection from Eviction Act 1977 (under which at least 4 weeks’ notice to quit is required), a statutory tenant of a dwelling-house shall be entitled to give up possession of the dwelling-house if, and only if, he gives such notice as would have been required under the provisions of the original contract of tenancy, or, if no notice would have been so required, on giving not less than 3 months’ notice.

• (4) Notwithstanding anything in the contract of tenancy, a landlord who obtains an order for possession of a dwelling-house as against a statutory tenant shall not be required to give to the statutory tenant any notice to quit.

• (5) Part II of Schedule 1 to this Act shall have effect in relation to the giving up of possession of statutory tenancies and the changing of statutory tenants by agreement.

Exceptions

Dwelling-houses above certain rateable values

4

• (1) A tenancy which is entered into before 1st April 1990 or (where the dwelling-house had a rateable value on 31st March 1990) is entered into on or after 1st April 1990 in pursuance of a contract made before that date is not a protected tenancy if the dwelling-house falls within one of the Classes set out in subsection (2) below.

• (2) Where alternative rateable values are mentioned in this subsection, the higher applies if the dwelling-house is in Greater London and the lower applies if it is elsewhere.

• Class A

• The appropriate day in relation to the dwelling-house falls or fell on or after 1st April 1973 and the dwelling-house on the appropriate day has or had a rateable value exceeding £1,500 or £750.

• Class B

• The appropriate day in relation to the dwelling-house fell on or after 22nd March 1973, but before 1st April 1973, and the dwelling-house—on the appropriate day had a rateable value exceeding £600 or £300, andon 1st April 1973 had a rateable value exceeding £1,500 or £750.

• Class C

• The appropriate day in relation to the dwelling-house fell before 22nd March 1973 and the dwelling-house—on the appropriate day had a rateable value exceeding £400 or £200, andon 22nd March 1973 had a rateable value exceeding £600 or £300, andon 1st April 1973 had a rateable value exceeding £1,500 or £750.

• (3) If any question arises in any proceedings whether a dwelling-house falls within a Class in subsection (2) above, by virtue of its rateable value at any time, it shall be deemed not to fall within that Class unless the contrary is shown.

• (4) A tenancy is not a protected tenancy if—

• (a) it is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and

• (b) under it the rent payable for the time being is payable at a rate exceeding £25,000 a year.

• (5) In subsection (4) above “rent” does not include any sum payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, council tax, services, repairs, maintenance or insurance, unless it could not have been regarded by the parties as a sum so payable.

• (6) If any question arises in any proceedings whether a tenancy is precluded from being a protected tenancy by subsection (4) above, the tenancy shall be deemed to be a protected tenancy unless the contrary is shown.

• (7) The Secretary of State may by order replace the amount referred to in subsection (4) above by an amount specified in the order; and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Tenancies at low rents

5

• (1) A tenancy which was entered into before 1st April 1990 or (where the dwelling-house under the tenancy had a rateable value on 31st March 1990) is entered into on or after 1st April 1990 in pursuance of a contract made before that date is not a protected tenancy if under the tenancy either no rent is payable or, . . . the rent payable is less then two-thirds of the rateable value which is or was the rateable value of the dwelling-house on the appropriate day.

• (2) Where—

• (a) the appropriate day in relation to a dwelling-house fell before 22nd March 1973, and

• (b) the dwelling-house had on the appropriate day a rateable value exceeding, if it is in Greater London, £400 or, if it is elsewhere, £200,

subsection (1) above shall apply in relation to the dwelling-house as if the reference to the appropriate day were a reference to 22nd March 1973.

• (2A) A tenancy is not a protected tenancy if—

• (a) it is entered into on or after the 1st April 1990 (otherwise than, where the dwelling-house under the tenancy had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and

• (b) under the tenancy for the time being either no rent is payable or the rent is payable at a rate of, if the dwelling-house is in Greater London, £1,000 or less a year, and, if the dwelling-house is elsewhere, £250 or less a year.

• (2B) Subsection (7) of section 4 above shall apply to any amount referred to in subsection (2A) above as it applies to the amount referred to in subsection (4) of that section.

• (3) In this Act a tenancy falling within subsection (1) above is referred to as a “tenancy at a low rent”.

• (4) In determining whether a long tenancy is a tenancy at a low rent, there shall be disregarded such part (if any) of the sums payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, council tax,services, repairs, maintenance, or insurance, unless it could not have been regarded by the parties as a part so payable.

• (5) In subsection (4) above “long tenancy” means a tenancy granted for a term certain exceeding 21 years, other than a tenancy which is, or may become, terminable before the end of that term by notice given to the tenant.

Dwelling-houses let with other land

6

Subject to section 26 of this Act, a tenancy is not a protected tenancy if the dwelling-house which is subject to the tenancy is let together with land other than the site of the dwelling-house.

Payments for board or attendance

7

• (1) A tenancy is not a protected tenancy if under the tenancy the dwelling-house is bona fide let at a rent which includes payments in respect of board or attendance.

• (2) For the purposes of subsection (1) above, a dwelling-house shall not be taken to be bona fide let at a rent which includes payments in respect of attendance unless the amount of rent which is fairly attributable to attendance, having regard to the value of the attendance to the tenant, forms a substantial part of the whole rent.

Lettings to students

8

• (1) A tenancy is not a protected tenancy if it is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution and is so granted either by that institution or by another specified institution or body of persons.

• (2) In subsection (1) above “specified” means specified, or of a class specified, for the purposes of this section by regulations made by the Secretary of State by statutory instrument.

• (3) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Holiday lettings

9

A tenancy is not a protected tenancy if the purpose of the tenancy is to confer on the tenant the right to occupy the dwelling-house for a holiday.

Agricultural holdings

10

• (1) A tenancy is not a protected tenancy if—

• (a) the dwelling-house is comprised in an agricultural holding and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding, or

• (b) the dwelling-house is comprised in the holding held under a farm business tenancy and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the management of the holding.

• (2) In subsection (1) above—

• “agricultural holding” means any agricultural holding within the meaning of the Agricultural Holdings Act 1986 held under a tenancy in relation to which that Act applies, and

• “farm business tenancy”, and “holding” in relation to such a tenancy, have the same meaning as in the Agricultural Tenancies Act 1995.

Licensed premises

11

A tenancy of a dwelling-house which consists of or comprises premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises shall not be a protected tenancy, nor shall such a dwelling-house be the subject of a statutory tenancy.

Resident landlords

12

• (1) Subject to subsection (2) below, a tenancy of a dwelling-house granted on or after 14th August 1974 shall not be a protected tenancy at any time if—

• (a) the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats, and

• (b) the tenancy was granted by a person who, at the time when he granted it, occupied as his residence another dwelling-house which—

• (i) in the case mentioned in paragraph (a) above, also forms part of the flat; or

• (ii) in any other case, also forms part of the building; and

• (c) subject to paragraph 1 of Schedule 2 to this Act, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to a person who, at the time he owned that interest, occupied as his residence another dwelling-house which—

• (i) in the case mentioned in paragraph (a) above, also formed part of the flat; or

• (ii) in any other case, also formed part of the building.

• (2) This section does not apply to a tenancy of a dwelling-house which forms part of a building if the tenancy is granted to a person who, immediately before it was granted, was a protected or statutory tenant of that dwelling-house or of any other dwelling-house in that building.

• (3) For the purposes of subsection (2) above, a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term.

• (4) Schedule 2 to this Act shall have effect for the purpose of supplementing this section.

Landlord's interest belonging to Crown

13

• (1) Except as provided by subsection (2) below—

• (a) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department; and

• (b) a person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would at that time belong or be held as mentioned in paragraph (a) above.

• (2) An interest belonging to Her Majesty in right of the Crown shall not prevent a tenancy from being a protected tenancy or a person from being a statutory tenant if the interest is under the management of the Crown Estate Commissioners.

Landlord's interest belonging to local authority, etc.

14

• (1) At the beginning A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to—

• (a) the council of a county or county borough;

• (b) the council of a district or, in the application of this Act to the Isles of Scilly, the Council of the Isles of Scilly;

• (bb) the Broads Authority;

• (bc) a National Park authority;

• (c) ... the council of a London borough or the Common Council of the City of London;

• (caa) a police and crime commissioner;

• (caaa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (cb) a joint authority established by Part IV of the Local Government Act 1985;

• (cba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (cbb) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

• (cbc) a combined authority established under section 103 of that Act;

• (cbd) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• (cc) the London Fire Commissioner;

• (cd) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

• (d) the English new towns residuary body ;

• (e) a development corporation established by an order made, or having effect as if made, under the New Towns Act 1981; or

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) an urban development corporation within the meaning of Part XVI of the Local Government Planning and Land Act 1980; nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to any of those bodies

• (ga) a Mayoral development corporation;

• (h) a housing action trust established under Part III of the Housing Act 1988.

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In subsection (1)(d) “English new towns residuary body” means the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions.

Landlord's interest belonging to housing association, etc.

15

• (1) A tenancy . . . shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing association falling within subsection (3) below; nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to such a housing association.

• (2) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to—

• (a) the Regulator of Social Housing

• (b) a housing trust which is a charity ...;

nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to any of those bodies.

• (3) A housing association falls within this subsection if—

• (za) it is a private registered provider of social housing,

• (a) it is a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act), or

• (b) it is a co-operative housing association within the meaning of the Housing Associations Act 1985.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In subsection (2) above “housing trust” means a corporation or body of persons which—

• (a) is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation; or

• (b) is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Landlord's interest belonging to housing co-operative

16

A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing co-operative, within the meaning of section 27B of the Housing Act 1985 (agreements with housing co-operatives under certain superseded provisions) and the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section.

Controlled and regulated tenancies

Controlled tenancies

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulated tenancies

18

• (1) Subject to sections 24(3) and 143 of this Act, a “regulated tenancy” is, for the purposes of this Act, a protected or statutory tenancy . . .

• (2) Where a regulated tenancy is followed by a statutory tenancy of the same dwelling-house, the two shall be treated for the purposes of this Act as together constituting one regulated tenancy.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restricted contracts

Restricted contracts

19

Certain unfurnished tenancies to be treated as restricted contracts

20

If and so long as a tenancy is, by virtue only of section 12 of this Act, precluded from being a protected tenancy it shall be treated as a restricted contract notwithstanding that the rent may not include payment for the use of furniture or for services.

Shared accommodation

Tenant sharing accommodation with landlord

21

Where under any contract—

• (a) a tenant has the exclusive occupation of any accommodation, and

• (b) the terms on which he holds the accommodation include the use of other accommodation in common with his landlord or in common with his landlord and other persons, and

• (c) by reason only of the circumstances mentioned in paragraph (b) above, or by reason of those circumstances and the operation of section 12 of this Act, the accommodation referred to in paragraph (a) above is not a dwelling-house let on a protected tenancy,

the contract is a restricted contract notwithstanding that the rent does not include payment for the use of furniture or for services.

Tenant sharing accommodation with person other than landlord

22

• (1) Where a tenant has the exclusive occupation of any accommodation (“the separate accommodation”) and—

• (a) the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (“the shared accommodation”) in common with another person or other persons, not being or including the landlord, and

• (b) by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a dwelling-house let on or subject to a protected or statutory tenancy,

the separate accommodation shall be deemed to be a dwelling-house let on a protected tenancy or, as the case may be, subject to a statutory tenancy and the following provisions of this section shall have effect.

• (2) For the avoidance of doubt it is hereby declared that where, for the purpose of determining the rateable value of the separate accommodation, it is necessary to make an apportionment under this Act, regard is to be had to the circumstances mentioned in subsection (1)(a) above.

• (3) While the tenant is in possession of the separate accommodation (whether as a protected or statutory tenant), any term or condition of the contract of tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.

• (4) Where the terms and conditions of the contract of tenancy are such that at any time during the tenancy the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied, or their number could be increased, nothing in subsection (3) above shall prevent those terms and conditions from having effect so far as they relate to any such variation or increase.

• (5) Without prejudice to the enforcement of any order made under subsection (6) below, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 98(1) of this Act shall apply accordingly.

• (6) On the application of the landlord, the county court may make such order either—

• (a) terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation, or

• (b) modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation, or otherwise,

as the court thinks just.

• (7) No order shall be made under subsection (6) above so as to effect any termination or modification of the rights of the tenant which, apart from subsection (3) above, could not be effected by or under the terms of the contract of tenancy.

• (8) In this section “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is (or, if the tenancy has ended, was) sufficient, apart from this section, to prevent the tenancy from constituting a protected tenancy of a dwelling-house.

Sublettings

Certain sublettings not to exclude any part of sub-lessor's premises from protection

23

• (1) Where the tenant of any premises, consisting of a house or part of a house, has sublet a part but not the whole of the premises, then, as against his landlord or any superior landlord, no part of the premises shall be treated as not being a dwelling-house let on or subject to a protected or statutory tenancy by reason only that—

• (a) the terms on which any person claiming under the tenant holds any part of the premises include the use of accommodation in common with other persons; or

• (b) part of the premises is let to any such person at a rent which includes payments in respect of board or attendance.

• (2) Nothing in this section shall affect the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any 2 such persons.

Business premises

Premises with a business use

24

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A tenancy shall not be a regulated tenancy if it is a tenancy to which Part II of the Landlord and Tenant Act 1954 applies (but this provision is without prejudice to the application of any other provision of this Act to a sub-tenancy of any part of the premises comprised in such a tenancy).

Miscellaneous

Rateable value and meaning of " appropriate day "

25

• (1) Except where this Act otherwise provides, the rateable value on any day of a dwelling-house shall be ascertained for the purposes of this Act as follows:—

• (a) if the dwelling-house is a hereditament for which a rateable value is then shown in the valuation list, it shall be that rateable value;

• (b) if the dwelling-house forms part only of such a hereditament or consists of or forms part of more than one such hereditament, its rateable value shall be taken to be such value as is found by a proper apportionment or aggregation of the rateable value or values so shown.

• (2) Any question arising under this section as to the proper apportionment or aggregation of any value or values shall be determined by the county court, and the decision of the county court shall be final.

• (3) In this Act “the appropriate day”—

• (a) in relation to any dwelling-house which, on 23rd March 1965, was or formed part of a hereditament for which a rateable value was shown in the valuation list then in force, or consisted or formed part of more than one such hereditament, means that date, and

• (b) in relation to any other dwelling-house, means the date on which such a value is or was first shown in the valuation list.

• (4) Where, after the date which is the appropriate day in relation to any dwelling-house, the valuation list is altered so as to vary the rateable value of the hereditament of which the dwelling-house consists or forms part and the alteration has effect from a date not later than the appropriate day, the rateable value of the dwelling-house on the appropriate day shall be ascertained as if the value shown in the valuation list on the appropriate day had been the value shown in the list as altered.

• (5) This section applies in relation to any other land as it applies in relation to a dwelling-house.

Land and premises let with dwelling-house

26

• (1) For the purposes of this Act, any land or premises let together with a dwelling-house shall, unless it consists of agricultural land exceeding 2 acres in extent, be treated as part of the dwelling-house.

• (2) For the purposes of subsection (1) above “agricultural land” has the meaning set out in section 26(3)(a) of the General Rate Act 1967 (exclusion of agricultural land and premises from liability for rating).

Part II — Rents Under Controlled Tenancies

Rent limit

Rent limit for controlled tenancies

27

Revision of rent and rent limits

Procedure for increasing rents

28

• (1) If the rent for the time being recoverable under a controlled tenancy is less than the rent limit it may be increased up to that limit in accordance with this section.

• (2) Subject to—

• (a) Part II of Schedule 6 to this Act, and

• (b) paragraph 4 of Schedule 20 to this Act,

the rent may be increased as mentioned in subsection (1) above by the service by the landlord on the tenant of a notice of increase in the prescribed form, specifying the amount of the increase.

• (3) The increase shall not have effect with respect to any rental periods beginning before such date as may be specified in the notice which, except in a case authorised by section 29(2), 31 or 32(5) of this Act, shall be a date not earlier than 3 months after the service of the notice.

• (4) The total of the increases which may be specified in any notice or notices of increase as taking effect less than 9 months after service of the first notice (excluding any increases which, under section 29(3), 31(10) or 32(5) of this Act, are to be disregarded) shall not exceed 37 ½ pence per week, but a notice may specify more than one date and amount.

• (5) Except in so far as may be necessary for giving effect to an adjustment under section 29 or 32 of this Act, a notice of increase shall be of no effect if given at a time when—

• (a) the dwelling is within a clearance area under the Housing Act 1957 or is or forms part of premises with respect to which a demolition order or closing order under that Act has been made and has not ceased to be in force ; or

• (b) works of repair remain unexecuted which were required to be executed—

• (i) by an order relating to the dwelling made under section 94 of the Public Health Act 1936 (nuisance orders where local authority abatement notices are disregarded) against the landlord or any person receiving rent as agent for the landlord; or

• (ii) by a notice relating to the dwelling given to the landlord or any such person under section 9 of the Housing Act 1957 (notices to repair houses unfit for human habitation).

• (6) Except in so far as may be necessary for giving effect to an adjustment under section 29 or 32 of this Act, if the date specified in a notice of increase in accordance with subsection (3) above falls at a time when the condition specified in paragraph (a) or (b) of subsection (5) above is fulfilled, no increase shall be recoverable by virtue of the notice for any rental period beginning at any such time.

Adjustment with respect to rates borne by landlord

29

• (1) Where any rates in respect of the dwelling are borne by the landlord or a superior landlord, then, for any rental period for which the amount of the rates, ascertained in accordance with Schedule 5 to this Act, differs from the amount, so ascertained, of the rates for the basic rental period, the rent limit shall be increased or decreased by the amount of the difference.

• (2) In so far as a notice of increase relates to an increase of rent authorised by this section, the date specified in the notice may be any date not earlier than 6 weeks before the service of the notice and, if it is earlier than the service of the notice, any rent underpaid shall become due on the day after the service of the notice.

• (3) Any increase of rent authorised by this section shall be disregarded for the purposes of section 28(4) of this Act.

Adjustment with respect to services and furniture

30

• (1) Where, for any rental period, there is with respect to—

• (a) the provision of services for the tenant by the landlord or a superior landlord, or

• (b) the use of furniture by the tenant under the terms of the tenancy,

or any circumstances relating thereto any difference, in comparison with the basic rental period, such as to affect the amount of the rent which it is reasonable to charge, the rent limit shall be increased or decreased by an appropriate amount.

• (2) Where, for any rental period, the rent limit is increased by an appropriate amount under subsection (1) above, the rent for that period shall, notwithstanding anything in section 28 of this Act and without the service of any notice, be increased by the like amount.

• (3) Any question whether, or by what amount, the rent limit is increased or decreased by virtue of subsection (1) above shall be determined by agreement in writing between the landlord and the tenant or by the county court.

• (4) Any determination under subsection (3) above—

• (a) may be made so as to relate to past rental periods; and

• (b) shall have effect with respect to rental periods subsequent to the periods to which it relates until revoked or varied by any such agreement as is referred to in subsection (3) or by the county court.

Increase for repairs

31

• (1) If repairs have been effected to a dwelling which is subject to a controlled tenancy, the rent limit under the controlled tenancy for rental periods beginning after the completion of the repairs shall be increased by the appropriate amount.

• (2) If repairs have been effected to premises part of which is subject to a controlled tenancy (other than repairs to the part of the premises subject to the tenancy), and the landlord claims that benefit accrues to that part of the premises consisting of the dwelling subject to the controlled tenancy, the rent limit under the controlled tenancy for rental periods beginning after the completion of the repairs may be increased, in accordance with subsection (6) below, by the appropriate amount.

• (3) In this section—

• " the appropriate amount " means— subject to subsection (6) below, in a case to which subsection (1) above applies, 12 ½ per cent. per annum of the expenditure on the repairs; and in a case to which subsection (2) applies, 12 ½ per cent. per annum of a proportion of the expenditure on the repairs determined in accordance with subsection (6) below;

• " expenditure on the repairs " means the amount expended on the repairs by the landlord or any superior landlord or any person from whom the landlord or any superior landlord derives title.

• (4) This section does not apply to repairs for which the tenant is responsible or to repairs completed before 6th April 1973.

• (5) Where a grant paid or payable under—

• (a) Part I of the Housing Act 1969 ; or

• (b) section 61, 65 or 71 of the Housing Act 1974,

is such as to cover the whole or any part of the cost of repairs, the reference in subsection (3) above to the amount expended on the repairs shall be construed as a reference to that amount diminished by the amount of the grant.

• (6) The appropriate amount—

• (a) in a case to which subsection (1) above applies, but where the tenant claims that benefit accrues not only to the dwelling subject to the controlled tenancy but also to other premises of the landlord or a superior landlord, and

• (b) in any case to which subsection (2) above applies,

is 12 ½ per cent. per annum of only so much of the expenditure on the repairs as may be determined, by agreement in writing between the landlord and the tenant or by the county court, to be properly apportionable to the dwelling, having regard to the benefit accruing, from the carrying out of the repairs, to the dwelling and to the other premises benefited by them. Any such determination may be made so as to relate to past rental periods and if made by the county court shall be final.

• (7) If—

• (a) the landlord serves a notice of increase of rent by virtue of this section, and

• (b) the tenant requests him in writing, not later than 3 months after service of the notice, to supply him with information showing how he has calculated the expenditure on the repairs,

it shall be the landlord's duty, not later than one month after the date of the request, to supply the tenant with copies of such accounts, receipts and other documents as are reasonably necessary for that purpose.

• (8) A request under subsection (7) above shall be deemed to be duly made to a landlord if it is served on any agent of the landlord named as such in a rent book or other similar document or on the person who receives the rent on behalf of the landlord; and it shall be the duty of a person on whom a request is so served to forward it as soon as may be to the landlord.

• (9) If any person without reasonable excuse fails to perform any duty imposed on him by subsection (7) or (8) above, he shall be guilty of an offence and liable to a fine not exceeding £200.

• (10) In so far as a notice of increase relates to an increase of rent authorised by this section, the date specified in the notice may be any date after the service of the notice, and any such increase shall be disregarded for the purposes of section 28(4) of this Act.

• (11) Where an offence under subsection (9) above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

• (12) Where the affairs of a body corporate are managed by its members, subsection (11) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Increase for improvements

32

• (1) If an improvement has been effected in a dwelling and the improvement was completed after 5th July 1957 then, subject to—

• (a) section 33 of this Act, and

• (b) paragraph 4 of Schedule 20 to this Act,

the rent limit under any controlled tenancy of the dwelling for rental periods beginning after the completion of the improvement shall be increased by the appropriate percentage per annum of the amount expended on the improvement by the landlord or any superior landlord or any person from whom the landlord or any superior landlord derives title.

• (2) The appropriate percentage shall be determined as follows:—

• (a) if the improvement was completed before 24th November 1961, it is 8 per cent.; and

• (b) if the improvement was completed on or after that date then, subject to subsection (3) below, it is 12 ½ per cent.

• (3) If an improvement completed on or after 24th November 1961 was carried out in reliance on a consent granted before that date by a tenant under the controlled tenancy, the appropriate percentage is 8 per cent., and not 12 ½ per cent.

• (4) Subsection (3) above shall not apply where the consent was in writing and contained an acknowledgement (however expressed) that the rent could be increased on account of the improvement to a stated amount which was at least the maximum of the rent limit as it would then have been if increased, in accordance with subsection (1) above, on the basis that the appropriate percentage was 12 ½ per cent.

• (5) In so far as a notice of increase relates to an increase of rent authorised by this section, the date specified in the notice may be any date after the service of the notice, and any such increase shall be disregarded for the purposes of section 28(4) of this Act.

• (6) Where in pursuance of a proposal made on the ground of a change in the occupier or circumstances of occupation, the gross value which (under Schedule 4 to this Act) is material in determining the 1956 gross value of a dwelling in which an improvement has been effected has been varied so as to take account of the state of the dwelling at a date after 5th July 1957, then, in relation to that dwelling, a reference to that date shall be substituted for the reference in subsection (1) above to 5th July 1957.

Grant-aided improvements etc.

33

• (1) Where, in respect of an improvement—

• (a) a grant has been made under—

• (i) section 20 of the Housing Act 1949 (improvement grants),

• (ii) section 30 of the Housing (Financial Provisions) Act 1958 (improvement grants),

• (iii) section 4 of the House Purchase and Housing Act 1959 (standard grants),

• (iv) section 15 of the Airports Authority Act 1965 (grants towards cost of sound-proofing),

• (v) Part I of the Housing Act 1969 (improvement grants and standard grants),

• (vi) section 29A of the Civil Aviation Act 1971,

• (vii) regulations under section 20 of the Land Compensation Act 1973 (sound-proofing of buildings affected by public works), or

• (viii) section 61 or 65 of the Housing Act 1974 (improvement grants and intermediate grants); or

• (b) a repayment has been made under section 12 of the Clean Air Act 1956 (adaptation of fireplaces in private dwellings);

the reference in section 32(1) of this Act to the amount expended on the improvement shall be construed as a reference to that amount diminished by the amount of the grant or repayment.

• (2) Where an improvement is effected in a dwelling in compliance with an immediate improvement notice or a final improvement notice within the meaning of Part II of the Housing Act 1964 or an improvement notice within the meaning of Part VIII of the Housing Act 1974 (compulsory improvement of dwellings to provide standard amenities) or in compliance with an undertaking accepted under either of those Parts, and

• (a) the landlord, or a predecessor in title of the landlord, is the person who expended money on the improvement, and

• (b) a standard grant under section 4 of the House Purchase and Housing Act 1959 or Part I of the Housing Act 1969 or an intermediate grant under section 65 of the Housing Act 1974 in respect of the improvement, although obtainable, has not been obtained,

the reference in section 32(1) of this Act to the amount expended on the improvement shall be construed as a reference to that amount diminished by the amount of the standard grant or intermediate grant which could have been obtained in respect of the improvement.

• (3) In a case falling within subsection (2) above, the local authority in whose district the dwelling is situated shall, at the request in writing of the landlord or the tenant, give him an estimate in writing of what the amount of the standard or inter-mediate grant would have been if it had been obtained.

• (4) In any proceedings relating to an increase of rent authorised by section 32 of this Act in a case falling within subsection (2) above, it shall be assumed, until the contrary is proved, that a standard grant or, as the case may be, intermediate grant was obtainable in respect of the improvement and, for the purposes of any such proceedings, an estimate under subsection (3) above shall be sufficient evidence of what the amount of that grant would have been.

• (5) In this section " local authority " means the council of a district or of a London borough or the Common Council of the City of London.

Private street works to count as improvements

34

• (1) This section applies where a dwelling which is the subject of a controlled tenancy has access to a street on which works have been carried out under—

• (a) section 174, 189 or 190 of the Highways Act 1959 (certain authorities to execute street works in accordance with the Codes of 1875 and 1892), or

• (b) the corresponding provisions of any local Act.

• (2) The amount—

• (a) of any expenditure incurred after 5th July 1957 by the landlord or a superior landlord in the carrying out of the works in question, or

• (b) of any liability incurred after that date by the landlord or a superior landlord in respect of those works to the authority by whom they were carried out,

shall be treated (whether or not apart from this section it would be so treated) as expenditure incurred by the landlord or superior landlord on an improvement as mentioned in section 32(1) of this Act.

• (3) Subsection (2)(b) above applies whether the liability mentioned in that subsection is dischargeable in a lump sum or by instalments, but, for the purposes of this section, interest shall be excluded in determining the amount of any liability which is dischargeable by instalments.

• (4) If benefit accrues from the carrying out of the works not only to the dwelling but also to other premises of the landlord or superior landlord, the amount to be treated as mentioned in subsection (2) above shall be so much only of the expenditure or liability as may be determined, by agreement in writing between the landlord and the tenant or by the county court, to be properly apportionable to the dwelling, having regard to the benefit accruing, from the carrying out of the works, to the dwelling and to the other premises.

• (5) Any appointment made by the county court under subsection (4) above shall be final.

• (6) For the purposes of this section the amount of any expenditure shall be treated as diminished by the amount of any contribution paid in respect of that expenditure under any enactment.

Tenant's right to challenge amount of expenditure on improvements or repairs

35

• (1) A tenant on whom a notice specifying an increase authorised by section 31 or 32 of this Act is served may, subject to paragraph 1(7) of Schedule 20 to this Act and not later than one month after the service of the notice or such longer time as the court may allow, apply to the county court for an order cancelling or reducing the increase on the ground—

• (a) in the case of work carried out in pursuance of a notice under section 9 of the Housing Act 1957 (repair notices), that a greater amount was expended on it than was reasonable, or

• (b) in any other case, that the work was unnecessary or that a greater amount was expended on it than was reasonable,

and the court may make an order accordingly which may relate not only to future but also to past rental periods.

• (2) No application shall be made under this section on the ground that any work was unnecessary if—

• (a) any such grant as is referred to in section 31(5) or 33(1)(a) of this Act has been made in respect of the work, or

• (b) a tenant under the controlled tenancy consented in writing to the work and the consent contained an acknowledgement (however expressed) that the rent could be increased on account of the work.

• (3) No application shall be made under this section in relation to any increase authorised by virtue of section 34 of this Act.

• (4) In this section references to " work " shall be construed—

• (a) in relation to a notice specifying an increase authorised by section 31 of this Act, as references to the improvement in question, and

• (b) in relation to a notice specifying an increase authorised by section 32 of this Act, as references to the repairs in question.

• (5) In this section " improvement", in addition to having the meaning given by section 43 of this Act, shall be construed in accordance with paragraph 1(6) of Schedule 20 to this Act.

Variations of rent during protected tenancies

36

• (1) Neither a notice of increase nor section 30 of this Act shall operate to increase the rent under a controlled tenancy for any rental period which begins at a time when the controlled tenancy is a protected tenancy, except in so far as may be consistent with the terms of the tenancy.

• (2) Where a notice of increase is served during the currency of a protected tenancy which could, by a notice to quit served by the landlord at the same time, be brought to an end before the date or the earliest date specified in the notice of increase, the notice of increase shall operate to convert the protected tenancy into a statutory tenancy as from that date.

• (3) If, in the case of a controlled tenancy which was current on 6th July 1957,—

• (a) the basic rental period began at a time when the controlled tenancy was a protected tenancy, and

• (b) the rent recoverable for the basic rental period included an increase agreed or determined under section 40 of the Housing Repairs and Rents Act 1954 (increase for rise in cost of services provided under pre-1939 lettings) in respect of services which the landlord was not under the terms of the tenancy liable to provide,

then, if those services are withheld in whole or in part during any rental period beginning during the currency of the protected tenancy, the rent recoverable for that period shall be decreased by an appropriate amount.

• (4) Any question whether, or by what amount, the recoverable rent is decreased by virtue of subsection (3) above shall be determined by agreement in writing between the landlord and the tenant or by the county court.

• (5) Any determination under subsection (4) above—

• (a) may be made so as to relate to past rental periods; and

• (b) shall have effect with respect to rental periods subsequent to the periods to which it relates until revoked or varied by any such agreement as is referred to in subsection (4) above or by the county court.

• (6) Subject to subsections (3) and (4) above, nothing in this Part of this Act shall affect the operation of any lease or agreement in so far as it provides for a reduction of rent during the currency of a protected tenancy.

Errors and misrepresentations in notices of increase

37

• (1) If the county court is satisfied that any error or omission in a notice of increase is due to a bona fide mistake on the part of the landlord, the court may by order amend the notice by correcting any errors or supplying any omission therein which, if not corrected or supplied, would render the notice invalid and, if the court so directs, the notice as so amended shall have effect and be deemed to have had effect as a valid notice.

• (2) Any such amendment of a notice of increase may be made on such terms and conditions with respect to arrears of rent or otherwise as appear to the court to be just and reasonable.

• (3) No increase of rent which becomes payable by reason of an amendment of a notice of increase under subsection (1) above shall be recoverable in respect of any rental period which ended more than 6 months before the date of the order making the amendment.

• (4) If a notice of increase contains any statement or representation which is false or misleading in any material respect, the landlord shall be liable to a fine not exceeding £50 unless he proves that the statement was made innocently and without intent to deceive.

Enforcement provisions

Recovery from landlord of sums paid in excess of recoverable rent, etc.

38

• (1) Where a tenant has paid on account of rent any amount which, by virtue of this Part of this Act, is irrecoverable by the landlord, the tenant who paid it shall be entitled to recover that amount from the landlord who received it or his personal representatives.

• (2) Any amount which a tenant is entitled to recover under subsection (1) above may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord.

• (3) No amount which a tenant is entitled to recover under subsection (1) above shall be recoverable at any time after the expiry of 2 years from the date of payment.

• (4) Any person who, in any rent book or similar document, makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this Part of this Act shall be liable to a fine not exceeding £50, unless he proves that, at the time of the making of the entry, the landlord had a bona fide claim that the sum was recoverable.

• (5) If, where any such entry has been made by or on behalf of any landlord, the landlord, on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within 7 days, the landlord shal be liable to a fine not exceeding £50, unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable.

Determination by court of recoverable rent of sublet part of dwelling-house subject to controlled tenancy

39

• (1) Where, in any proceedings for possession, in such circumstances as are specified in Case 10 in Schedule 15 to this Act, of a dwelling-house subject to a controlled tenancy—

• (a) the sublet part in question is subject to a controlled tenancy, and

• (b) it appears to the court that no determination of the recoverable rent of the sublet part has previously been made by the county court,

the court shall make such a determination, whether or not an order is made for possession of the dwelling-house.

• (2) Subsection (3) below shall apply where the county court has determined the recoverable rent of a dwelling-house which is subject to a controlled tenancy and is itself a sublet part of another dwelling-house subject to a controlled tenancy (in this section referred to as the " superior tenancy ").

• (3) If, after the determination referred to in subsection (2) above, the rent charged by the tenant under the superior tenancy for the sublet part is in excess of the recoverable rent of that part, the tenant shall be guilty of an offence unless he proves—

• (a) that he did not know and could not by reasonable inquiry have ascertained that the rent charged by him was in excess of the recoverable rent; or

• (b) that the excess was solely due to an accidental miscalculation.

• (4) A person guilty of an offence under this section shall be liable to a fine not exceeding £100.

Rectification of rent book in light of determination of recoverable rent

40

Where, in any proceedings, the recoverable rent of a dwelling-house subject to a controlled tenancy is determined by a court, then, on the application of the tenant (whether in those or in any subsequent proceedings) the court may call for the production of the rent book or any similar document relating to the dwelling-house and may direct the registrar or clerk of the court to correct any entries showing, or purporting to show, the tenant as being in arrears in respect of any sum which the court has determined to be irrecoverable.

General provisions

Service of notices, etc.

41

• (1) Any notice, certificate or other document required or authorised to be served under this Part of this Act may be served either—

• (a) by delivering it to the person on whom it is to be served, or

• (b) by leaving it at the usual or last known place of abode of that person, or

• (c) by sending it by the recorded delivery service or by registered post in a prepaid letter addressed to that person at his usual or last known place of abode, or

• (d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office or sending it, by the recorded delivery service or by registered post, in a prepaid letter addressed to the secretary or clerk of the company or body at that office, or

• (e) if it is not practicable after reasonable inquiry to ascertain the name or address of an owner, lessee or occupier of land on whom it should be served, by addressing it to him by the description of " owner " or " lessee" or " occupier" of the premises (naming them) to which it relates, and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

• (2) Without prejudice to the generality of subsection (1) above, that subsection shall apply to the service, by virtue of section 151 of this Act, of any notice, certificate or other document as is mentioned in subsection (1) above on an agent of the landlord or a person receiving the rent.

Regulations

42

• (1) The Secretary of State may make regulations prescribing forms for notices, certificates and other documents required or authorised under this Part of this Act and requiring such notices, certificates and documents to contain such information as may be specified in the regulations.

• (2) Any such regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation of Part II

43

• (1) In this Part of this Act, except where the context otherwise requires,—

• " appropriate factor " means the number by which the 1956 gross value is to be multiplied in determining the rent limit;

• " basic rental period " means the rental period comprising 6th July 1957 or, in the case of a controlled tenancy beginning after that date, the first rental period of the tenancy;

• " dwelling " means, in relation to a controlled tenancy, the aggregate of the premises comprised in the tenancy;

• " improvement " includes structural alteration, extension or addition and the provision of additional fixtures or fittings but does not include anything done by way of decoration or repair;

• " notice of increase " means a notice of increase under section 28 of this Act;

• " prescribed " means prescribed by regulations under section 42 of this Act, and references to a prescribed form include references to a form substantially to the same effect as the prescribed form ;

• " recoverable rent " means rent which, under a controlled tenancy, is or was for the time being recoverable, having regard to the provisions of this Part of this Act;

• " rent limit " has the meaning assigned to it by section 27(3) of this Act;

• " tenant ", in relation to a landlord, and " sub-tenant ", in relation to a tenant, mean respectively immediate tenant and immediate sub-tenant;

• " 1956 gross value ", in relation to a dwelling, means that value as determined in accordance with Schedule 4 to this Act.

• (2) Any reference in this Part of this Act to rent does not include any sums recoverable as rent under section 16 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), other than—

• (a) sums so recoverable in respect of increases in rates, or

• (b) sums referable to improvements executed by the tenant before 1st April 1956, or

• (c) sums referable to improvements executed by him after that date but affecting the 1956 gross value by reason of a proposal made before 1st April 1957.

• (3) In determining the amount of any rent for the purposes of this Part of this Act, no account shall be taken of any deduction falling to be made under Schedule 1 to the Landlord and Tenant (Rent Control) Act 1949 (which provided in certain cases for the recovery of premiums by deduction from rent).

• (4) Except in so far as the context otherwise requires, references in this Part of this Act to rates, in respect of a dwelling, include references to such proportion of any rates in respect of a hereditament of which the dwelling forms part as may be agreed in writing between the landlord and the tenant or determined by the county court.

• (5) Any apportionment of rates made by the county court for the purposes of this Part of this Act shall be final.

Part III — Rents under Regulated Tenancies

Regulation of rent

Limit of rent during contractual periods

44

• (1) Where a rent for a dwelling-house is registered under Part IV of this Act, the rent recoverable for any contractual period of a regulated tenancy of the dwelling-house shall be limited to the rent so registered.

This subsection is subject to the following provisions of this Act: subsection (4) below, section 71(3), paragraph 1(3) of Schedule 7, . . . and paragraph 3 of Schedule 20.

• (2) Where a limit is imposed by subsection (1) above on the rent recoverable in relation to any contractual period of a regulated tenancy, the amount by which the rent payable under the tenancy exceeds that limit shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.

• (3) In this Part of this Act “contractual rent limit” means the limit specified in subsection (1) above.

• (4) Schedule 7 to this Act shall have effect for the purpose of providing a special rent limit in relation to certain tenancies which became regulated tenancies by virtue of section 14 of the Counter-Inflation Act 1973.

Limit of rent during statutory periods

45

• (1) Except as otherwise provided by this Part of this Act, where the rent payable for any statutory period of a regulated tenancy of a dwelling-house would exceed the rent recoverable for the last contractual period thereof, the amount of the excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.

• (2) Where a rent for the dwelling-house is registered under Part IV of this Act, the following provisions shall apply with respect to the rent for any statutory period of a regulated tenancy of the dwelling-house:—

• (a) if the rent payable for any statutory period would exceed the rent so registered, the amount of the excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant; and

• (b) if the rent payable for any statutory period would be less than the rent so registered, it may be increased up to the amount of that rent by a notice of increase served by the landlord on the tenant and specifying the date from which the increase is to take effect.

This subsection is subject to the following provisions of this Act: section 71(3), paragraph 1(3) of Schedule 7, . . . . . . and paragraph 3 of Schedule 20.

• (3) The date specified in a notice of increase under subsection (2)(b) above shall not be earlier than the date from which the registration of the rent took effect nor earlier than 4 weeks before the service of the notice.

• (4) Where no rent for the dwelling-house is registered under Part IV of this Act, sections 46 and 47 of this Act shall have effect with respect to the rent recoverable for any statutory period under a regulated tenancy of the dwelling-house.

Adjustment, with respect to rates, of recoverable rent for statutory periods before registration

46

• (1) Where—

• (a) section 45(4) of this Act applies, and

• (b) any rates in respect of the dwelling-house are, or were during the last contractual period, borne by the landlord or a superior landlord,

then, for any statutory period for which the amount of the rates (ascertained in accordance with Schedule 5 to this Act) differs from the amount, so ascertained, of the rates for the last contractual period, the recoverable rent shall be increased or decreased by the amount of the difference.

• (2) Where the amount of the recoverable rent is increased by virtue of this section, the increase shall not take effect except in pursuance of a notice of increase served by the landlord on the tenant and specifying the increase and the date from which it is to take effect.

• (3) The date specified in a notice of increase under subsection (2) above shall be not earlier than 6 weeks before the service of the notice, and if it is earlier than the service of the notice any rent unpaid shall become due on the day after the service of the notice.

Adjustment, with respect to services and furniture, of recoverable rent for statutory periods before registration

47

• (1) Where section 45(4) of this Act applies and for any statutory period there is with respect to—

• (a) the provision of services for the tenant by the landlord or a superior landlord, or

• (b) the use of furniture by the tenant,

or any circumstances relating thereto any difference, in comparison with the last contractual period, such as to affect the amount of the rent which it is reasonable to charge, the recoverable rent for the statutory period shall be increased or decreased by an appropriate amount.

• (2) Any question whether, or by what amount, the recoverable rent for any period is increased or decreased by virtue of this section shall be determined by agreement in writing between the landlord and the tenant or by the county court; and any such determination—

• (a) may be made so as to relate to past statutory periods; and

• (b) shall have effect with respect to statutory periods subsequent to the periods to which it relates until revoked or varied by any such agreement as is referred to in this subsection or by the county court.

Increase, on account of improvements, of recoverable rent for statutory periods before registration

48

Notices of increase

49

• (1) Any reference in this section to a notice of increase is a reference to a notice of increase under section 45(2), or 46 of this Act.

• (2) A notice of increase must be in the prescribed form.

• (3) Notwithstanding that a notice of increase relates to statutory periods, it may be served during a contractual period.

• (4) Where a notice of increase is served during a contractual period and the protected tenancy could, by a notice to quit served by the landlord at the same time, be brought to an end before the date specified in the notice of increase, the notice of increase shall operate to convert the protected tenancy into a statutory tenancy as from that date.

• (5) If the county court is satisfied that any error or omission in a notice of increase is due to a bona fide mistake on the part of the landlord, the court may by order amend the notice by correcting any errors or supplying any omission therein which, if not corrected or supplied, would render the notice invalid and, if the court so directs, the notice as so amended shall have effect and be deemed to have had effect as a valid notice.

• (6) Any amendment of a notice of increase under subsection (5) above may be made on such terms and conditions with respect to arrears of rent or otherwise as appear to the court to be just and reasonable.

• (7) No increase of rent which becomes payable by reason of an amendment of a notice of increase under subsection (5) above shall be recoverable in respect of any statutory period which ended more than 6 months before the date of the order making the amendment.

Private street works to count as improvements

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rent agreements with tenants having security of tenure

Protection of tenants with security of tenure

51

• (1) In this Part of this Act a “rent agreement with a tenant having security of tenure” means—

• (a) an agreement increasing the rent payable under a protected tenancy which is a regulated tenancy, or

• (b) the grant to the tenant under a regulated tenancy, or to any person who might succeed him as a statutory tenant, of another regulated tenancy of the dwelling-house at a rent exceeding the rent under the previous tenancy.

• (2) Where any rates in respect of the dwelling-house are borne by the landlord or a superior landlord, any increase or rent shall be disregarded for the purposes of the definition in subsection (1) above if the increase is no more than one corresponding to an increase in the rates borne by the landlord or a superior landlord in respect of the dwelling-house.

• (3) If—

• (a) a rent agreement with a tenant having security of tenure takes effect on or after the commencement of this Act, and was made at a time when no rent was registered for the dwelling-house under Part IV of this Act, . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the requirements of subsection (4) below shall be observed as respects the agreement.

• (4) The requirements are that—

• (a) the agreement is in writing signed by the landlord and the tenant, and

• (b) the document containing the agreement contains a statement, in characters not less conspicuous than those used in any other part of the agreement—

• (i) that the tenant’s security of tenure under this Act will not be affected if he refuses to enter into the agreement, and

• (ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) that entry into the agreement will not deprive the tenant or landlord of the right to apply at any time to the rent officer for the registration of a fair rent under Part IV of this Act,

or words to that effect, and

• (c) the statement mentioned in paragraph (b) above is set out at the head of the document containing the agreement.

Protection: special provisions following conversion

52

• (1) This section applies to an agreement with a tenant having security of tenure which is entered into after the commencement of provisions following section 68(2) of the Housing Act 1980 if the tenancy has become or, conversion. as the case may be, the previous tenancy became a regulated tenancy by conversion.

• (2) Any such agreement which purports to increase the rent payable under a protected tenancy shall, if entered into at a time when no rent is registered for the dwelling-house under Part IV of this Act, be void.

• (3) If any such agreement constitutes a grant of a regulated tenancy and is made at a time when no rent is so registered, any excess of the rent payable under the tenancy so granted (for any contractual or statutory period of the tenancy) over the rent limit applicable to the previous tenancy, shall be irrecoverable from the tenant; but this subsection ceases to apply if a rent is subsequently so registered.

• (4) For the purposes of this section a tenancy is a regulated tenancy by conversion if it has become a regulated tenancy by virtue of—

• (a) Part VIII of this Act, section 43 of the Housing Act 1969 or Part 111 or IV of the Housing Finance Act 1972) (conversion of controlled tenancies into regulated tenancies); or

• (b) section 18(3) of this Act or paragraph 5 of Schedule 2 to the Rent Act 1968 (conversion on death of first successor); or

• (c) section 64 of the Housing Act 1980 (conversion of all remaining controlled tenancies).

• (5) This section does not apply to any agreement where the tenant is neither the person who, at the time of the conversion, was the tenant nor a person who might succeed the tenant at that time as a statutory tenant.

• (6) Where a rent is registered for the dwelling-house and the registration is subsequently cancelled, this section shall not apply to the agreement submitted to the rent officer in connection with the cancellation nor to any agreement made so as to take effect after the cancellation.

Protection where grant-aided improvement is carried out

53

Failure to comply with provisions for protection of tenants

54

• (1) If, in the case of a variation of the terms of a regulated tenancy, there is a failure to observe any of the requirements of section 51, . . . of this Act, any excess of the rent payable under the terms as varied over the terms without the variation shall be irrecoverable from the tenant.

• (2) If, in the case of the grant of a tenancy, there is a failure to observe any of those requirements, any excess of the rent payable under the tenancy so granted (for any contractual or any statutory period of the tenancy) over the previous limit shall be irrecoverable from the tenant.

• (3) In subsection (2) above the “previous limit” shall be taken to be the amount which (taking account of any previous operation of this section or of section 46 of the Housing Finance Act 1972, which is superseded by this section) was recoverable by way of rent for the last rental period of the previous tenancy of the dwelling-house, or which would have been so recoverable if all notices of increase authorised by this Act, the Rent Act 1968 and section 37(3) of the Act of 1972 had been served.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Phasing of rent increases

General provision for phasing of rent increases

55

Phasing of rent increases after certain improvements

56

Enforcement provisions

Recovery from landlord of sums paid in excess of recoverable rent, etc.

57

• (1) Where a tenant has paid on account of rent any amount which, by virtue of this Part of this Act, is irrecoverable by the landlord, the tenant who paid it shall be entitled to recover that amount from the landlord who received it or his personal representatives.

• (2) Any amount which a tenant is entitled to recover under subsection (1) above may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord.

• (3) No amount which a tenant is entitled to recover under subsection (1) above shall be recoverable at any time after the expiry of —

• (a) one year, in the case of an amount which is irrecoverable by virtue of section 54 of this Act; or

• (b) two years, in any other case.

• (4) Any person who, in any rent book or similar document, makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this Part of this Act shall be liable to a fine not exceeding level 3 on the standard scale, unless he proves that, at the time of the making of the entry, the landlord had a bona fide claim that the sum was recoverable.

• (5) If, where any such entry has been made by or on behalf of any landlord, the landlord on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within 7 days, the landlord shall be liable to a fine not exceeding level 3 on the standard scale, unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable.

Rectification of rent books in light of determination of recoverable rent

58

Where, in any proceedings, the recoverable rent of a dwelling-house subject to a regulated tenancy is determined by a court, then, on the application of the tenant (whether in those or in any subsequent proceedings), the court may call for the production of the rent book or any similar document relating to the dwelling-house and may direct the registrar or clerk of the court to correct any entries showing, or purporting to show, the tenant as being in arrears in respect of any sum which the court has determined to be irrecoverable.

General provisions

Adjustment for differences in lengths of rental periods

59

In ascertaining for the purposes of this Part of this Act whether there is any difference with respect to rents or rates between one rental period and another (whether of the same tenancy or not) or the amount of any such difference, any necessary adjustment shall be made to take account of periods of different lengths; and for the purposes of such an adjustment a period of one month shall be treated as equivalent to one-twelth of a year and a period of a week as equivalent to one-fifty-second of a year.

Regulations

60

• (1) The Secretary of State may make regulations—

• (a) prescribing the form of any notice or other document to be given or used in pursuance of this Part of this Act; and

• (b) prescribing anything required or authorised to be prescribed by this Part of this Act.

• (2) Any such regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation of Part III

61

• (1) In this Part of this Act, except where the context otherwise requires—

• “contractual period” means a rental period of a regulated tenancy which is a period beginning before the expiry or termination of the protected tenancy;

• “contractual rent limit” has the meaning assigned to it by section 44(3) of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “prescribed” means prescribed by regulations under section 60 of this Act and references to a prescribed form include references to a form substantially to the same effect as the prescribed form;

• “recoverable rent” means rent which, under a regulated tenancy, is or was for the time being recoverable, having regard to the provisions of this Part of this Act;

• “rent agreement with a tenant having security of tenure” has the meaning assigned to it by section 51 of this Act;

• “statutory period” means any rental period of a regulated tenancy which is not a contractual period.

• (2) References in this Part of this Act to rates, in respect of a dwelling-house, include references to such proportion of any rates in respect of a hereditament of which the dwelling-house forms part as may be agreed in writing between the landlord and the tenant or determined by the county court.

Part IV — Registration of Rents Under Regulated Tenancies

Registration areas

62

• (1) Except so far as different provision is made by an order under section 17 of the Local Government Act 1992, or Part 1 of the Local Government and Public Involvement in Health Act 2007 (orders constituting new local government areas etc) the registration areas for the purpose of this Part of this Act are—

• (a) counties and county boroughs;

• (b) London boroughs; and

• (c) the City of London.

• (2) For the purposes of this Part of this Act—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the City of London shall be deemed to include the Inner Temple and the Middle Temple, and

• (b) the Isles of Scilly shall be a registration area and the Council of the Isles of Scilly shall be the local authority for that registration area.

Schemes for appointment of rent officers

63

• (1) The Secretary of State shall for every registration area make, after consultation with the local authority, a scheme providing for the appointment by the proper officer of the local authority—

• (a) of such number of rent officers for the area as may be determined by or in accordance with the scheme, . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A scheme under this section—

• (a) shall provide for the payment by the local authority to rent officers . . . of remuneration and allowances in accordance with scales approved by the Secretary of State . . .;

• (b) shall prohibit the dismissal of a rent officer . . . except by the proper officer of the local authority on the direction, or with the consent, of the Secretary of State;

• (c) shall require the local authority to provide for the rent officers office accommodation and clerical and other assistance;

• (d) shall allocate, or confer on the proper officer of the local authority the duty of allocating, work as between the rent officers and shall confer on the proper officer the duty of supervising the conduct of rent officers . . . ; . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) A scheme under this section may make all or any of the following provisions—

• (a) provision requiring the consent of the Secretary of State to the appointment of rent officers;

• (b) provision with respect to the appointment of rent officers for fixed periods;

• (c) provision for the proper officer of the local authority, in such circumstances and subject to such conditions (as to consent or otherwise) as may be specified in the scheme,—

• (i) to designate a person appointed or to be appointed a rent officer as chief rent officer and to designate one or more such persons as senior rent officers;

• (ii) to delegate to a person so designated as chief rent officer such functions as may be specified in the scheme; and

• (iii) to revoke a designation under sub-paragraph (i) above and to revoke or vary a delegation under sub-paragraph (ii) above;

• (d) provision with respect to the delegation of functions by a chief rent officer to other rent officers (whether designated as senior rent officers or not);

• (e) provision as to the circumstances in which and the terms on which a rent officer appointed by the scheme may undertake functions outside the area to which the scheme relates in accordance with paragraph (f) below;

• (f) provision under which a rent officer appointed for an area other than that to which the scheme relates may undertake functions in the area to which the scheme relates and for such a rent officer to be treated for such purposes as may be specified in the scheme (which may include the purposes of paragraphs (c) and (d) above and paragraphs (c) and (d) of subsection (2) above) as if he were a rent officer appointed under the scheme; and

• (g) provision conferring functions on the proper officer of a local authority with respect to the matters referred to in paragraphs (d) to (f) above.

• (3) For the purposes of any local Act scheme, within the meaning of section 8 of the Superannuation Act 1972, rent officers . . . appointed in pursuance of a scheme under this section shall be deemed to be officers in the employment of the local authority for whose area the scheme is made; and for the purposes of—

• (a) Part III of the Pension Schemes Act 1993, and

• (b) the Social Security Act 1975,

they shall be deemed to be in that employment under a contract of service.

• (4) In this Part “the rent officer” means–

• (a) in relation to any area not specified in an order made under section 64B of this Act, any rent officer appointed for the area who is authorised to act in accordance with a scheme under this section;

• (b) in relation to any area or areas so specified, any rent officer appointed by the Commissioners for Her Majesty’s Revenue and Customs .

• (5) A scheme under this section may be varied or revoked by a subsequent scheme made thereunder.

• (6) The Secretary of State shall, in respect of each financial year, make to any local authority incurring expenditure which is of a kind mentioned in subsection (7) below, a grant equal to that expenditure.

• (7) The expenditure mentioned in subsection (6) above is any expenditure—

• (a) attributable to this section or an order under section 122 of the Housing Act 1996, or

• (b) incurred in respect of pensions, allowances or gratuities payable to or in respect of rent officers . . . (appointed in pursuance of a scheme under this section) by virtue of regulations under section 7 or section 24 of the Superannuation Act 1972 or

• (c) incurred in respect of increases of pensions payable to or in respect of rent officers (so appointed) by virtue of the Pensions (Increase) Act 1971.

• (8) Any expenditure incurred by the Secretary of State by virtue of subsection (6) above shall be paid out of money provided by Parliament.

• (9) In the case of a registration area in respect of which there is more than one local authority, this section shall apply as if—

• (a) the first reference to “the local authority” in subsection (1) were a reference to each of those local authorities which is—

• (i) the county council for a county in England; or

• (ii) the council for a district in England which is not in a county having a county council; and

• (b) the second reference to “the local authority” in that subsection, the references to “the local authority” in subsections (2) and (2A)(c), the reference to “a local authority” in subsection (2A)(g) and the reference to “the local authority for whose area the scheme is made” in subsection (3) were references to such one of those authorities as has been designated by the scheme

Default powers of Secretary of State

64

• (1) If the Secretary of State is of opinion that a local authority have failed to carry out any function conferred on them by a scheme under section 63 of this Act he may, after such enquiry as he thinks fit, by order revoke the scheme and, without consulting the local authority, make another scheme under that section.

• (2) A scheme made by virtue of subsection (1) above may confer functions otherwise exercisable by the local authority or the proper officer of the local authority on a person appointed by the Secretary of State and that person may, if another local authority consent, be that other local authority or, as the case may be, the proper officer of that other local authority.

• (3) If the Secretary of State is of opinion that the proper officer of the local authority has failed to carry out any functions conferred on the proper officer by a scheme under section 63 he may (after consultation with the local authority) exercise his power under subsection (5) of that section by making a scheme providing for all or any of the functions otherwise exercisable by the proper officer to be exercised by some other person.

• (4) A scheme made by virtue of this section may contain such incidental and transitional provisions as appear to the Secretary of State to be necessary or expedient.

Rent assessment committees

65

Rent assessment committees for Wales shall be constituted in accordance with Schedule 10 to this Act.

Register of rents

66

• (1) For each registration area, a register for the purposes of this Part of this Act shall be prepared and kept up to date by the rent officer.

• (1A) The rent officer shall make the register available for inspection in such place or places and in such manner–

• (a) if the area is not specified in an order made under section 64B of this Act, as may be provided by the scheme made for the area under section 63 of this Act;

• (b) if the area is so specified, as the Secretary of State may direct.

Application for registration of rent

67

• (1) An application for the registration of a rent for a dwelling-house may be made to the rent officer by the landlord or the tenant, or jointly by the landlord and the tenant, under a regulated tenancy of the dwelling-house.

• (2) Any such application must be in the prescribed form and must—

• (a) specify the rent which it is sought to register;

• (b) where the rent includes any sum payable by the tenant to the landlord for services and the aplication is made by the landlord, specify that sum and be accompanied by details of the expenditure incurred by the landlord in providing those services; and

• (c) contain such other particulars as may be prescribed.

• (3) Subject to subsection (4) below and sections 67A and 70A of this Act, where a rent for a dwelling-house has been registered under this Part of this Act, no application by the tenant alone or by the landlord alone for the registration of a different rent for that dwelling-house shall be entertained before the expiry of 2 years from the relevant date (as defined in subsection (5) below) except on the ground that, since that date, there has been such a change in—

• (a) the condition of the dwelling-house (including the making of any improvement therein),

• (b) the terms of the tenancy,

• (c) the quantity, quality or condition of any furniture provided for use under the tenancy (deterioration by fair wear and tear excluded), or