Legalize / United Kingdom / Public General Act

Rent Act 1977

Type Public General Act

Publication 1977-07-29

Last updated 2025-09-10

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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(taking account of any previous operation of this section or of section 46 of the Housing Finance Act 1972, which is superseded by this section) was recoverable by way of rent for the last rental period of the previous tenancy of the dwelling-house, or which would have been so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

(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

(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

(d) any other circumstances taken into consideration when the rent was registered or confirmed,

as to make the registered rent no longer a fair rent.

(3A) If the dwelling-house forms part of a hereditament in respect of which the landlord or a superior landlord is, or was on the relevant date, liable under Part I of the Local Government Finance Act 1992 to pay council tax, then, in determining for the purposes of subsection (3) above whether since the relevant date there has been such a change falling within paragraph (d) of that subsection as to make the registered rent no longer a fair rent, any change in the amount of council tax payable in respect of the hereditament shall be disregarded unless it is attributable to—

(a) the fact that the hereditament has become, or has ceased to be, an exempt dwelling,

(b) an alteration in accordance with regulations under section 24 of the Local Government Finance Act 1992 of the valuation band shown in a valuation list as applicable to the hereditament, or

(c) the compilation of a new valuation list in consequence of an order of the Secretary of State under section 5(4)(b) of that Act.

(3B) In subsection (3A) above “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992 and, subject to that, expressions used in subsection (3A) and in Part I of that Act have the same meaning in that subsection as in that Part.

(4) Notwithstanding anything in subsection (3) above, an application such as is mentioned in that subsection which is made by the landlord alone and is so made within the last 3 months of the period of 2 years referred to in that subsection may be entertained notwithstanding that that period has not expired.

(5) In this section ... “relevant date”, in relation to a rent which has been registered under this Part of this Act, means the date from which the registration took effect or, in the case of a registered rent which has been confirmed, the date from which the confirmation (or, where there have been two or more successive confirmations, the last of them) took effect but for the purposes of this subsection any registration or confirmation by virtue of section 70A of this Act shall be disregarded.

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

(7) ... The provisions of Part I of Schedule 11 to this Act as modified by the Regulated Tenancies (Procedure) Regulations 1980 and by the Rent Assessment Committees (England and Wales) (Amendment) Regulations 1981 shall have effect with respect to the procedure to be followed on applications for the registration of rents.

Application to rent officer by local authority

68

Certificates of fair rent

69

(1) A person intending—

(a) to provide a dwelling-house by the erection or conversion of any premises or to make any improvements in a dwelling-house, or

(b) to let on a regulated tenancy a dwelling-house which is not for the time being subject to such a tenancy and which satisfies the condition either—

(i) that no rent for it is registered under this Part of this Act, or

(ii) that a rent is so registered but not less than 3 years have elapsed since the relevant date (as defined in section 67(5) of this Act),

may apply to the rent officer for a certificate (to be known as a certificate of fair rent) specifying a rent which, in the opinion of the rent officer, would be a fair rent under a regulated tenancy of the dwelling-house or, as the case may be, of the dwelling-house after the erection or conversion or after the completion of the improvements.

(2) The regulated tenancy to which the application for the certificate of fair rent relates shall be assumed to be a tenancy on such terms as may be specified in the application and, except in so far as other terms are so specified, on the terms that the tenant would be liable for internal decorative repairs, but no others, and that no services or furniture would be provided for him.

(3) Schedule 12 to this Act shall have effect with respect to applications for certificates of fair rent.

(4) Subject to section 67(6) of this Act, where a certificate of fair rent has been issued in respect of a dwelling-house, an application for the registration of a rent for the dwelling-house in accordance with the certificate may be made within 3 years of the date of the certificate either—

(a) by the landlord under such a regulated tenancy of the dwelling-house as is specified in the certificate; or

(b) by a person intending to grant such a regulated tenancy of the dwelling-house;

and in lieu of the provisions of Part I of Schedule 11 to this Act, the provisions of Part II of that Schedule shall have effect with respect to an application so made.

(5) In this section " improvement", in addition to having the meaning given by section 75 of this Act, shall be construed in accordance with paragraph 2(2) of Schedule 20 to this Act.

Determination of fair rent

70

(1) In determining, for the purposes of this Part of this Act, what rent is or would be a fair rent under a regulated tenancy of a dwelling-house, regard shall be had to all the circumstances (other than personal circumstances) and in particular to—

(a) the age, character, locality and state of repair of the dwelling-house, . . .

(b) if any furniture is provided for use under the tenancy, the quantity, quality and condition of the furniture , and

(c) any premium, or sum in the nature of a premium, which has been or may be lawfully required or received on the grant, renewal, continuance or assignment of the tenancy.

(2) For the purposes of the determination it shall be assumed that the number of persons seeking to become tenants of similar dwelling-houses in the locality on the terms (other than those relating to rent) of the regulated tenancy is not substantially greater than the number of such dwelling-houses in the locality which are available for letting on such terms.

(3) There shall be disregarded—

(a) any disrepair or other defect attributable to a failure by the tenant under the regulated tenancy or any predecessor in title of his to comply with any terms thereof;

(b) any improvement carried out, otherwise than in pursuance of the terms of the tenancy, by the tenant under the regulated tenancy or any predecessor in title of his;

(e) if any furniture is provided for use under the regulated tenancy, any improvement to the furniture by the tenant under the regulated tenancy or any predecessor in title of his or, as the case may be, any deterioration in the condition of the furniture due to any ill-treatment by the tenant, any person residing or lodging with him, or any sub-tenant of his.

(3A) In any case where under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a hereditament (“the relevant hereditament”) of which the dwelling-house forms part, regard shall also be had to the amount of council tax which, as at the date on which the application to the rent officer was made, was set by the billing authority—

(a) for the financial year in which that application was made, and

(b) for the category of dwellings within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of council tax payable shall be disregarded.

(3B) In subsection (3A) above—

(a) “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,

(b) “billing authority” has the same meaning as in that Part of that Act, and

(4) In this section “improvement” includes the replacement of any fixture or fitting.

(4A) In this section “premium” has the same meaning as in Part IX of this Act, and “sum in the nature of a premium” means—

(a) any such loan as is mentioned in section 119 or 120 of this Act,

(b) any such excess over the reasonable price of furniture as is mentioned in section 123 of this Act, and

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount to be registered as rent

71

(1) The amount to be registered as the rent of any dwelling-house shall include any sums payable by the tenant to the landlord in respect of council tax orfor the use of furniture or for services, whether or not those sums are separate from the sums payable for the occupation of the dwelling-house or are payable under separate agreements.

(2) Where any rates in respect of a dwelling-house are borne by the landlord or a superior landlord, the amount to be registered under this Part of this Act as the rent of the dwelling-house shall be the same as if the rates were not so borne; but the fact that they are so borne shall be noted on the register.

(3) Where subsection (2) above applies, the amount of the rates for any rental period, ascertained in accordance with Schedule 5 to this Act—

(a) shall, subject to paragraphs 1(4) and 4(3) of Schedule 9 to this Act, be added to the limit imposed by section 44(1) of this Act . . . ; and

(b) if the rental period is a statutory period, as defined in section 61 of this Act, shall be recoverable, without service of any notice of increase, in addition to the sums recoverable from the tenant apart from this subsection.

(4) Where, under a regulated tenancy, the sums payable by the tenant to the landlord include any sums varying according to the cost from time to time of—

(a) any services provided by the landlord or a superior landlord, or

(b) any works of maintenance or repair carried out by the landlord or a superior landlord,

the amount to be registered under this Part of this Act as rent may, if the rent officer is satisfied or, as the case may be, the appropriate tribunal are satisfied, that the terms as to the variation are reasonable, be entered as an amount variable in accordance with those terms.

Effect of registration of rent

72

(1) The registration of a rent for a dwelling-house takes effect—

(a) if the rent is determined by the rent officer, from the date when it is registered, and

(b) if the rent is determined by the appropriate tribunal, from the date when the tribunal make their decision.

(2) If the rent for the time being registered is confirmed, the confirmation takes effect—

(a) if it is made by the rent officer, from the date when it is noted in the register, and

(b) if it is made by the appropriate tribunal, from the date when the tribunal make their decision.

(3) If (by virtue of section 67(4) of this Act) an application for registration of a rent is made before the expiry of the period mentioned in section 67(3) and the resulting registration of a rent for the dwelling-house, or confirmation of the rent for the time being registered, would, but for this subsection, take effect before the expiry of that period it shall take effect on the expiry of that period.

(4) The date from which the registration or confirmation of a rent takes effect shall be entered in the register.

(5) As from the date on which the registration of a rent takes effect any previous registration of a rent for the dwelling-house ceases to have effect.

(6) Where a valid notice of increase under any provision of Part Ill of this Act has been served on a tenant and, in consequence of the registration of a rent, part but not the whole of the increase specified in the notice becomes irrecoverable from the tenant, the registration shall not invalidate the notice, but the notice shall, as from the date from which the registration takes effect, have effect as if it specified such part only of the increase as has not become irrecoverable.

Cancellation of registration of rent

73

(1) An application may be made in accordance with this section for the cancellation of the registration of a rent for a dwelling-house where—

(a) a rent agreement as respects the dwelling-house takes effect, or is to take effect, after the expiration of a period of 3 years beginning with the relevant date (as defined in section 67(5) of this Act), and

(b) the period for which the tenancy has effect cannot end, or be brought to an end by the landlord (except for non-payment of rent or a breach of the terms of the tenancy), earlier than 12 months after the date of the application, and

(1A) Such an application may also be made where—

(a) not less than two years have elapsed since the relevant date (as defined in section 67(5) of this Act); and

(b) the dwelling-house is not for the time being subject to a regulated tenancy; and

(2) The rent agreement may be one providing that the agreement does not take effect unless the application for cancellation of registration is granted.

(3) An application under this section must—

(a) be in the form prescribed for the application concerned and contain the prescribed particulars; and

(b) be accompanied, in the case of an application under subsection (1) above, by a copy of the rent agreement.

(4) If the application is made under subsection (1) above and the rent officer is satisfied that the rent, or the highest rent, payable under the rent agreement does not exceed a fair rent for the dwelling-house, he shall cancel the registration and he shall also cancel the registration if the application is made under subsection (1A) above.

(5) Where the application is made under subsection (1) above and under the terms of the rent agreement the sums payable by the tenant to the landlord include any sums varying according to the cost from time to time of any services provided by the landlord or a superior landlord, or of any works of maintenance or repair carried out by the landlord or a superior landlord, the rent officer shall not cancel the registration unless he is satisfied that those terms are reasonable.

(6) A cancellation made in pursuance of an application under subsection (1) above shall not take effect until the date when the agreement takes effect; and if the cancellation is registered before that date, the date on which it is to take effect shall be noted on the register.

(7) The cancellation of the registration shall be without prejudice to a further registration of a rent at any time after cancellation.

(8) The rent officer shall notify the applicants of his decision to grant, or to refuse, any application under this section.

(9) In this section “rent agreement” means—

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

(b) where a regulated tenancy is terminated, and a new regulated tenancy is granted at a rent exceeding the rent under the previous tenancy, the grant of the new tenancy.

Regulations

74

(1) The Secretary of State may make regulations—

(a) prescribing the form of any notice, application, register or other document to be given, made or used in pursuance of this Part of this Act;

(b) regulating the procedure to be followed

(i) by rent officers under this Act; and

(ii) by rent assessment committees whether under this Act or otherwise; and

(2) Regulations under subsection (1)(b) above may contain provisions modifying the following provisions of this Act:—

(a) Section 67, . . . or 72;

(b) Part I . . . of Schedule 11;

but no regulations containing such provisions shall have effect unless approved by a resolution of each House of Parliament.

(3) Regulations made under this section shall be made by statutory instrument which, except in a case falling within subsection (2) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation of Part IV

75

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

“appropriate tribunal” means—in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; andin relation to a dwelling-house in Wales, a rent assessment committee.

“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;

“prescribed” means prescribed by regulations under section 74 of this Act, and references to a prescribed form include references to a form substantially to the same effect as the prescribed form.

(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 V — Rents Under Restricted Contracts

Rent tribunals

76

Control of rents

Reference of contracts to rent tribunals and obtaining by them of information

77

(1) Either the lessor or the lessee under a restricted contract . . . may refer the contract to the appropriate tribunal . . . .

(2) Where a restricted contract is referred to the appropriate tribunal under subsection (1) above they may, by notice in writing served on the lessor, require him to give to them, within such period (not less than 7 days from the date of the service of the notice) as may be specified in the notice, such information as they may reasonably require regarding such of the prescribed particulars relating to the contract as are specified in the notice.

(3) If, within the period specified in a notice under subsection (2) above, the lessor fails without reasonable cause to comply with the provisions of the notice he shall be liable on a first conviction to a fine not exceeding £50 and on a second or subsequent conviction to a fine not exceeding £100.

(4) Proceedings for an offence under this section shall not be instituted otherwise than by the local authority.

Powers of rent tribunals on reference of contracts

78

(1) Where a restricted contract is referred to the appropriate tribunal and the reference is not, before the tribunal have entered upon consideration of it, withdrawn by the party or authority who made it, the tribunal shall consider it.

(2) After making such inquiry as they think fit and giving to—

(a) each party to the contract, and

(b) if the general management of the dwelling is vested in and exercisable by a housing authority, that authority,

an opportunity of being heard or, at his or their option, of submitting representations in writing, the tribunal, subject to subsections (3) and (4) below,—

(i) shall approve the rent payable under the contract, or

(ii) shall reduce or increase the rent to such sum as they may, in all the circumstances, think reasonable, or

(iii) may, if they think fit in all the circumstances, dismiss the reference,

and shall notify the parties . . . of their decision.

(2A) In any case where under Part I of the Local Government Finance Act 1992 the lessor, or any person having any title superior to that of the lessor, is liable to pay council tax in respect of a hereditament (“the relevant hereditament”) of which the dwelling forms part, the tribunal shall have regard to the amount of council tax which, as at the date on which the reference to the tribunal was made, was set by the billing authority—

(a) for the financial year in which that reference was made, and

(b) for the category of dwellings within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of council tax payable shall be disregarded.

(2B) In subsection (2A) above—

(a) “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,

(b) “billing authority” has the same meaning as in that Part of that Act, and

(3) On the reference of a restricted contract relating to a dwelling for which a rent is registered under Part IV of this Act, the appropriate tribunal may not reduce the rent payable under the contract below the amount which would be recoverable from the tenant under a regulated tenancy of the dwelling.

(4) An approval, reduction or increase under this section may be limited to rent payable in respect of a particular period.

(5) In subsection (2) above “housing authority”means a local housing authority within the meaning of the Housing Act 1985.

Register of rents under restricted contracts

79

(1) The president of the rent assessment panel shall prepare and keep up to date a register for the purposes of this Part of this Act and shall make the register available for inspection in such place or places and in such manner as the Secretary of State may direct.

(2) The register shall be so prepared and kept up to date as to contain, with regard to any contract relating to a dwelling situated in the area of the rent assessment panel and under which a rent is payable which has been approved, reduced or increased under section 78 of this Act, entries of—

(a) the prescribed particulars with regard to the contract;

(b) a specification of the dwelling to which the contract relates; and

(c) the rent as approved, reduced or increased by the rent assessment committee , and, in a case in which the approval, reduction or increase is limited to rent payable in respect of a particular period, a specification of that period.

(3) Where any rates in respect of a dwelling are borne by the lessor or any person having any title superior to that of the lessor, the amount to be entered in the register under this section as the rent payable for the dwelling shall be the same as if the rates were not so borne; but the fact that they are so borne shall be noted in the register.

(3A) The amount to be entered in the register under this section as the rent payable for a dwelling shall include any sums payable by the lessee to the lessor in respect of council tax, whether or not those sums are separate from the sums payable for the occupation of the dwelling or are payable under separate agreements.

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

(5) A copy of an entry in the register certified under the hand of an officer duly authorised in that behalf by the president of the rent assessment panel ... shall be receivable in evidence in any court and in any proceedings.

(6) A person requiring such a certified copy shall be entitled to obtain it on payment of the prescribed fee.

(6A) Every local authority shall, before the expiry of the period of three months beginning of the commencement of paragraph 44 of Schedule 25 to the Housing Act 1980, send to the president of the appropriate rent assessment panel the register previously kept by the authority under this section.

Reconsideration of rent after registration

80

(1) Where the rent payable for any dwelling has been entered in the register under section 79 or 79A of this Act the lessor or the lessee . . . may refer the case to the appropriate tribunal for reconsideration of the rent so entered.

(2) Where the rent under a restricted contract has been registered under section 79 or 79A of this Act, the appropriate tribunal shall not be required to entertain a reference, made otherwise than by the lessor and the lessee jointly, for the registration of a different rent for the dwelling concerned before the expiry of the period of 2 years beginning on the date on which the rent was last considered by the tribunal, except on the ground that, since that date, there has been such a change in—

(a) the condition of the dwelling,

(b) the furniture or services provided,

(d) any other circumstances taken into consideration when the rent was last considered,

as to make the registered rent no longer a reasonable rent.

(3) If the dwelling forms part of a hereditament in respect of which the lessor, or any person having any title superior to that of the lessor, is liable under Part I of the Local Government Finance Act 1992 to pay council tax or was so liable on the date on which the rent was last considered by the tribunal, then, in determining for the purposes of subsection (2) above whether since that date there has been such a change falling within paragraph (d) of that subsection as to make the registered rent no longer a reasonable rent, any change in the amount of council tax payable in respect of the hereditament shall be disregarded unless it is attributable to—

(a) the fact that the hereditament has become, or has ceased to be, an exempt dwelling,

(b) an alteration in accordance with regulations under section 24 of the Local Government Finance Act 1992 of the valuation band shown in a valuation list as applicable to the hereditament, or

(c) the compilation of a new valuation list in consequence of an order of the Secretary of State under section 5(4)(b) of that Act.

(4) In subsection (3) above “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992 and, subject to that, expressions used in subsection (3) and in Part I of that Act (other than “dwelling”) have the same meaning in that subsection as in that Part.

Effect of registration of rent

81

(1) Where the rent payable for any dwelling is entered in the register under section 79 or 79A of this Act, it shall not be lawful to require or receive on account of rent for that dwelling under a restricted contract payment of any amount in excess of the rent so registered—

(a) in respect of any period subsequent to the date of the entry, or

(b) where a particular period is specified in the register, in respect of that period.

(2) Where subsection (3) of section 79 or 79A applies, the amount entered in the register under that section shall be treated for the purposes of this section as increased for any rental period by the amount of the rates for that period, ascertained in accordance with Schedule 5 to this Act.

(3) Where any payment has been made or received in contravention of this section, the amount of the excess shall be recoverable by the person by whom it was paid.

(4) Any person who requires or receives any payment in contravention of this section shall be liable to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 6 months or both, and, without prejudice to any other method of recovery, the court by which a person is found guilty of an offence under this subsection may order the amount paid in excess to be repaid to the person by whom the payment was made.

(5) Proceedings for an offence under this section shall not be instituted otherwise than by the local authority.

Miscellaneous and general

Jurisdiction of rent tribunals

82

Where a restricted contract is referred to the appropriate tribunal under this Part, or Part VII, of this Act and—

(a) the contract relates to a dwelling consisting of or comprising part only of a hereditament, and

(b) no apportionment of the rateable value of the hereditament has been made under section 25 of this Act,

then, unless the lessor in the course of the proceedings requires that such an apportionment shall be made and, within 2 weeks of making the requirement, brings proceedings in the county court for the making of the apportionment, the tribunal shall have jurisdiction to deal with the reference if it appears to them that, had the apportionment been made, they would have had jurisdiction.

Local authorities for Part V

83

(1) For the purposes of this Part of this Act, the local authority shall be—

(a) in a London borough or district, the council of the London borough or district in question or, where the district is in a county in England and does not have a district council, the council of the county in question,

(aa) in a Welsh county or county borough, the council of the county or county borough in question,

(b) in the City of London, the Common Council.

(2) The local authority shall have power to publish information regarding the provisions of this Part, and sections 103 to 106, of this Act.

Regulations

84

The Secretary of State may by statutory instrument make regulations—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) generally for carrying into effect the provisions of this Part, and sections 103 to 106, of this Act.

Interpretation of Part V

85

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

“appropriate tribunal” means—in relation to a dwelling in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; andin relation to a dwelling in Wales, a rent assessment committee;

“dwelling” means a house or part of a house;

“lessee” means the person to whom is granted, under a restricted contract, the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantee;

“lessor” means the person who, under a restricted contract, grants to another the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantor;

“register” means the register kept ... in pursuance of section 79 or 79A of this Act;

“services” includes attendance, the provision of heating or lighting, the supply of hot water and any other privilege or facility connected with the occupancy of a dwelling, other than a privilege or facility requisite for the purposes of access, cold water supply or sanitary accommodation.

(2) References in this Part of this Act to a party to a contract include references to any person directly or indirectly deriving title from such a party.

(3) Where separate sums are payable by the lessee of any dwelling to the lessor for any two or more of the following:—

(a) occupation of the dwelling,

(b) use of furniture, and

any reference in this Part of this Act to “rent” in relation to that dwelling is a reference to the aggregate of those sums and, where those sums are payable under separate contracts, those contracts shall be deemed to be one contract.

(4) The references in sections 79(3) , 79A(3) and 81(2) 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 lessor and the lessee or determined by the county court.

Part VI — Rent Limit for Dwellings Let by Housing Associations, Housing Trusts and the Housing Corporation

Registration of rents

Tenancies to which Part VI applies

86

(1) In this Part of this Act “housing association tenancy” means a tenancy to which this Part of this Act applies.

(2) This Part of this Act applies to a tenancy (other than a co-ownership tenancy) where—

(a) the interest of the landlord under that tenancy belongs to a housing association or housing trust, or to the Regulator of Social Housing or to the Secretary of State where that interest belongs to him as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985. . ., and

(b) the tenancy would be a protected tenancy but for section 13 or 15 or 16 of this Act, and is not a tenancy to which Part II of the Landlord and Tenant Act 1954 applies.

(3) In this Part of this Act “housing association”has the same meaning as in the Housing Associations Act 1985

(a) restrict membership to persons who are tenants or prospective tenants of the association, and

(b) preclude the granting or assigning of tenancies to persons other than members.

(3A) For the purposes of this section a tenancy is a “co-ownership tenancy” if—

(a) it was granted by a housing association which is a co-operative housing association within the meaning of the Housing Associations Act 1985; and

(b) the tenant (or his personal representatives) will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any conditions stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling-house.

(4) In this Part of this Act “housing trust” has the same meaning as in section 15 of this Act.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rents to be registrable

87

(1) There shall be a part of the register under Part IV of this Act in which rents may be registered for dwelling-houses which are let, or are, or are to be, available for letting, under a housing association tenancy.

(2) In relation to that part of the register the following (and no other) provisions of this Act:—

(a) sections 67, . . . 67A, 70, 70A and 72.

(b) section 71, except subsection (3), and

shall apply in relation to housing association tenancies, and in their application to such tenancies shall have effect as if for any reference in those provisions to a regulated tenancy there were substituted a reference to a housing association tenancy.

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

(6) A rent registered in any part of the register for a dwelling-house which becomes, or ceases to be, one subject to a housing association tenancy, shall be as effective as if it were registered in any other part of the register.

Rent limit

88

(1) Where the rent payable under a tenancy would exceed the rent limit determined in accordance with this Part of this Act, the amount of the excess shall be irrecoverable from the tenant.

(2) Where a rent for the dwelling-house is registered, . . . the rent limit is the rent so registered.

(3) Where any rates in respect of the dwelling-house are borne by the landlord, or a superior landlord, the amount of those rates for any rental period, ascertained in accordance with Schedule 5 to this Act, shall be added to the limit imposed by subsection (2) above, and in this Part of this Act references to the amount of the registered rent include any amount to be added under this subsection.

(4) Where no rent for the dwelling-house is registered, then, subject to subsection (5) below, the rent limit shall be determined as follows:—

(a) if the lease or agreement creating the tenancy was made before 1st January 1973, the rent limit is the rent recoverable under the tenancy, as varied by any agreement made before that date (but not as varied by any later agreement);

(b) if paragraph (a) above does not apply, and, not more than 2 years before the tenancy began, the dwelling-house was subject to another tenancy (whether before 1973 or later) the rent limit is the rent recoverable under that other tenancy (or, if there was more than one, the last of them) for the last rental period thereof;

(c) if paragraphs (a) and (b) above do not apply, the rent limit is the rent payable under the terms of the lease or agreement creating the tenancy (and not the rent so payable under those terms as varied by any subsequent agreement).

(5) The reference in subsection (4)(b) above to another tenancy includes, in addition to a housing association tenancy, a regulated tenancy—

(a) which subsisted at any time after 1st April 1975; and

(b) under which, immediately before it came to an end, the interest of the landlord belonged to a housing association.

(6) Where for any period there is a difference between the amount (if any) of the rates borne by the landlord or a superior landlord in respect of the dwelling-house and the amount (if any) so borne in the rental period on which the rent limit is based, the rent limit under this Part of this Act shall be increased or decreased by the amount of the difference.

(7) A tenancy commencing (whether before or after the coming into force of this Act) while there is in operation a condition imposed under any of the following enactments:—

(a) section 2 of the Housing (Financial Provisions) Act 1924;

(b) paragraph 2 of Part II of Schedule 15 to the Housing Act 1985, or any corresponding earlier enactment

(d) section 33 of the Housing Act 1985, or any corresponding earlier enactment;

which imposes a rent limit in respect of the dwelling-house shall be disregarded for the purposes of subsection (4)(b) above in determining the rent limit under any subsequent tenancy of the dwelling-house.

Phasing of progression to registered rent

89

Previous rent limit exceeding registered rent: special rent limit

90

Special rent limit: procedure on application

91

Conversion to regulated tenancies

Conversion of housing association tenancies into regulated tenancies

92

(1) If at any time, by virtue of subsections (1) and (3) of section 15 of this Act, a tenancy ceases to be one to which this Part of this Act applies and becomes a protected tenancy, that tenancy shall be a regulated tenancy and the housing association which is the landlord under that tenancy shall give notice in writing to the tenant, in such form as may be prescribed, informing him that his tenancy is no longer excluded from protection under this Act.

(2) If, without reasonable excuse, a housing association fails to give notice to a tenant under subsection (1) above within the period of 21 days beginning on the day on which his tenancy becomes a protected tenancy, the association shall be liable to a fine not exceeding £100.

(3) Where an offence under subsection (2) above 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, any director, manager or 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 shall be liable to be proceeded against and punished accordingly.

(4) Schedule 14 to this Act shall have effect for supplementing this section.

(5) In this section—

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

Miscellaneous

Increase of rent without notice to quit

93

(1) Subject to subsections (2) and (3) below, where a housing association tenancy is a weekly or other periodical tenancy but not an occupation contract, the rent payable to the housing association or, as the case may be, the housing trust or the Regulator of Social Housing or the Secretary of State ... (in this section in this subsection and subsection (2) called “the landlord”) may, without the tenancy being terminated, be increased with effect from the beginning of any rental period by a written notice of increase specifying the date on which the increase is to take effect and given by the landlord to the tenant not later than four weeks before that date.

(2) Where notice of increase is given under subsection (1) above and the tenant, before the date specified in the notice of increase, gives a valid notice to quit, the notice of increase does not take effect unless the tenant, with the written agreement of the landlord, withdraws his notice to quit before that date.

(2A) Where a housing association tenancy is a secure contract or a periodic standard contract, the rent payable to the housing association or, as the case may be, the housing trust or the Welsh Ministers (in this subsection called “the landlord”), may be increased with effect from the beginning of any rental period by a written notice of increase specifying the date on which the increase is to take effect, and given by the landlord to the contract-holder not later than four weeks before that date.

(2B) A notice of increase given under subsection (2A) does not take effect if, before the date specified in that notice, the contract-holder gives a notice to end the contract.

(2C) But the notice of increase does take effect if, before the date specified in that notice, the notice to end the contract ceases to have effect (see section 167(3) or 172(3) of the Renting Homes (Wales) Act 2016 (anaw 1)).

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

(4) This section shall apply to a tenancy notwithstanding that the letting took place before the coming into force of this Act.

(5) Nothing in this section shall authorise any rent to be increased above the rent limit, and any reference in section 88 of this Act to the variation by agreement of the rent recoverable under a tenancy shall include a reference to variation under this section.

(6) In this section, the following terms have the same meaning as in the Renting Homes (Wales) 2016 (anaw 1) (see sections 7 and 8 of that Act)—

(a) contract-holder;

(b) occupation contract;

(d) secure contract,

and “notice to end the contract” means a notice under section 163 or 168 of that Act.

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

94

(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 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.

Duty of landlord to supply statement of rent under previous tenancy

95

(1) Where the rent payable under a tenancy is subject to the rent limit specified in section 88(4)(b) of this Act, the landlord shall, on being so requested in writing by the tenant, supply him with a statement in writing of the rent which was payable for the last rental period of the other tenancy referred to in that subsection.

(2) If, without reasonable excuse, a landlord who has received such a request—

(a) fails to supply the statement referred to in subsection (1) above within 21 days of receiving the request, or

(b) supplies a statement which is false in any material particular,

he shall be liable on a first conviction to a fine not exceeding £50 and, on a second or subsequent conviction, to a fine not exceeding £100.

(3) Where an offence under this section 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, any director, manager or 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 shall be liable to be proceeded against and punished accordingly.

Supplemental

96

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

(3) The county court shall have jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question as to the rent limit under this Part of this Act, or as to any matter which is or may become material for determining any such question.

(4) 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 adjustments shall be made to take account of periods of different lengths.

(5) For the purposes of such an adjustment a period of one month shall be treated as equivalent to one-twelfth of a year and a period of a week as equivalent to one-fifty-second of a year.

Interpretation of Part VI

97

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

“housing association” , “housing association tenancy” and “housing trust” have the meanings assigned to them by section 86 of this Act; and

“tenancy” means a housing association tenancy.

(2) In this Part of this Act references to registration are, subject to section 87(5) of this Act and unless the context otherwise requires, references to registration pursuant to section 87.

(3) It is hereby declared that any power of giving directions conferred on the Secretary of State by this Part of this Act includes power to vary or revoke directions so given.

Part VII — Security of Tenure

Limitations on recovery of possession of dwelling-houses let on protected tenancies or subject to statutory tenancies

Grounds for possession of certain dwelling-houses

98

(1) Subject to this Part of this Act, a court shall not make an order for possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy unless the court considers it reasonable to make such an order and either—

(a) the court is satisfied that suitable alternative accommodation is available for the tenant or will be available for him when the order in question takes effect, or

(b) the circumstances are as specified in any of the Cases in Part I of Schedule 15 to this Act.

(2) If, apart from subsection (1) above, the landlord would be entitled to recover possession of a dwelling-house which is for the time being let on or subject to a regulated tenancy, the court shall make an order for possession if the circumstances of the case are as specified in any of the Cases in Part II of Schedule 15.

(3) Part III of Schedule 15 shall have effect in relation to Case 9 in that Schedule and for determining the relevant date for the purposes of the Cases in Part II of that Schedule.

(4) Part IV of Schedule 15 shall have effect for determining whether, for the purposes of subsection (1)(a) above, suitable alternative accommodation is or will be available for a tenant.

(5) Part V of Schedule 15 shall have effect for the purpose of setting out conditions which are relevant to Cases 11 and 12 of that Schedule.

Grounds for possession of certain dwelling-houses let to agricultural workers, etc.

99

(1) This section applies to any protected or statutory tenancy which—

(a) if it were a tenancy at a low rent, and

(b) if (where relevant) any earlier tenancy granted to the tenant, or to a member of his family, had been a tenancy at a low rent,

would be a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976.

(2) Notwithstanding anything in section 98 of this Act, the court shall not make an order for possession of a dwelling-house which is for the time being let on or subject to a tenancy to which this section applies unless the court considers it reasonable to make such an order and the circumstances are as specified in any of the Cases (except Case 8) in Part I of Schedule 15 to this Act or in either of the Cases in Schedule 16 to this Act.

(3) If, apart from subsection (2) above, the landlord would be entitled to recover possession of a dwelling-house which is for the time being let on or subject to a tenancy to which this section applies, the court shall make an order for possession if the circumstances are as specified in any of the Cases (except Cases 16 to 18) in Part II of Schedule 15 to this Act.

Extended discretion of court in claims for possession of certain dwelling-houses

100

(1) Subject to subsection (5) below, a court may adjourn for such period or periods as it thinks fit, proceedings for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy.

(2) On the making of an order for possession of such a dwelling-house, or at any time before the execution of such an order (whether made before or after the commencement of this Act), the court, subject to subsection (5) below, may—

(a) stay or suspend execution of the order, or

(b) postpone the date of possession,

for such period or periods as the court thinks fit.

(3) On any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above, the court shall, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit.

(4) If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.

(4A) Subsection (4B) below applies in any case where—

(a) proceedings are brought for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy;

(b) the tenant’s spouse or former spouse, having rights of occupation under the Matrimonial Homes Act 1967, is then in occupation of the dwelling-house; and

(4B) In any case to which this subsection applies, the spouse or former spouse shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above, as he or she would have if those rights of occupation were not affected by the termination of the tenancy.

(5) This section shall not apply if the circumstances are as specified in any of the Cases in Part II of Schedule 15.

Overcrowded dwelling-houses

101

At any time when a dwelling-house is over-crowded within the meaning of Part X of the Housing Act 1985 in such circumstances as to render the occupier guilty of an offence, nothing in this Part of this Act shall prevent the immediate landlord of the occupier from obtaining possession of the dwelling-house.

Compensation for misrepresentation or concealment in Cases 8 and 9

102

Where, in such circumstances as are specified in Case 8 or Case 9 in Schedule 15 to this Act, a landlord obtains an order for possession of a dwelling-house let on a protected tenancy or subject to a statutory tenancy and it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order.

Restricted contracts

Notice to quit served after reference of contract to rent tribunal

103

(1) If, after a restricted contract has been referred to the appropriate tribunal by the lessee . . . under section 77 or 80 of this Act, a notice to quit the dwelling to which the contract relates is served by the lessor on the lessee at any time before the decision of the tribunal is given or within the period of 6 months thereafter, then, subject to sections 105 and 106 of this Act, the notice shall not take effect before the expiry of that period.

(2) In a case falling within subsection (1) above,—

(a) the appropriate tribunal may, if they think fit, direct that a shorter period shall be substituted for the period of 6 months specified in that subsection; and

(b) if the reference to the appropriate tribunal is withdrawn, the period during which the notice to quit is not to take effect shall end on the expiry of 7 days from the withdrawal of the reference.

Application to tribunal for security of tenure where notice to quit is served

104

(1) Subject to sections 105 and 106(3) of this Act, where—

(a) a notice to quit a dwelling the subject of a restricted contract has been served, and

(b) the restricted contract has been referred to the appropriate tribunal under section 77 or 80 of this Act (whether before or after the service of the notice to quit) and the reference has not been withdrawn, and

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