Rent Act 1977

• (a) the tenancy of the original tenant was granted on or after the operative date within the meaning of the Rent (Agriculture) Act 1976, and

• (b) both that tenancy and the statutory tenancy of the first successor were tenancies to which section 99 of this Act applies.

• (2) If the tenants under both of the tenancies falling within sub-paragraph (1)(b) above were persons to whom paragraph 7 of Schedule 9 to the Rent (Agriculture) Act 1976 applies, the reference in sub-paragraph (1)(a) above to the operative date shall be taken as a reference to the date of operation for forestry workers within the meaning of that Act.

Part II — Relinquishing Tenancies and Changing Tenants

Payments demanded by statutory tenants as a condition of giving up possession

12

• (1) A statutory tenant of a dwelling-house who, as a condition of giving up possession of the dwelling-house, asks for or receives the payment of any sum, or the giving of any other consideration, by any person other than the landlord, shall be guilty of an offence.

• (2) Where a statutory tenant of a dwelling-house requires that furniture or other articles shall be purchased as a condition of his giving up possession of the dwelling-house, the price demanded shall, at the request of the person on whom the demand is made, be stated in writing, and if the price exceeds the reasonable price of the articles the excess shall be treated, for the purposes of sub-paragraph (1) above, as a sum asked to be paid as a condition of giving up possession.

• (3) A person guilty of an offence under this paragraph shall be liable to a fine not exceeding level 3 on the standard scale.

• (4) The court by which a person is convicted of an offence under this paragraph may order the payment—

• (a) to the person who made any such payment, or gave any such consideration, as is referred to in sub-paragraph (1) above, of the amount of that payment or the value of that consideration, or

• (b) to the person who paid any such price as is referred to in sub-paragraph (2) above, of the amount by which the price paid exceeds the reasonable price.

Change of statutory tenant by agreement

13

• (1) Where it is so agreed in writing between a statutory tenant (“the outgoing tenant”) and a person proposing to occupy the dwelling (“the incoming tenant”), the incoming tenant shall be deemed to be the statutory tenant of the dwelling as from such date as may be specified in the agreement (“the transfer date”).

• (2) Such an agreement shall not have effect unless the landlord is a party thereto, and, if the consent of any superior landlord would have been required to an assignment of the previous contractual tenancy, the agreement shall not have effect unless the superior landlord is a party thereto.

• (3) If the outgoing tenant is the statutory tenant by virtue of his previous protected tenancy, then, subject to sub-paragraph (6) below, this Act shall have effect, on and after the transfer date, as if the incoming tenant had been a protected tenant and had become the statutory tenant by virtue of his previous protected tenancy.

• (4) Subject to sub-paragraphs (5) and (6) below, if the outgoing tenant is a statutory tenant by succession, then, on and after the transfer date—

• (a) this Act shall have effect as if the incoming tenant were a statutory tenant by succession, and

• (b) the incoming tenant shall be deemed to have become a statutory tenant by virtue of that paragraph of Part I of this Schedule by virtue of which the outgoing tenant became (or is deemed to have become) a statutory tenant.

• (5) If the outgoing tenant is a statutory tenant by succession, the agreement may provide that, notwithstanding anything in sub-paragraph (4) above, on and after the transfer date, this Act shall have effect, subject to sub-paragraph (6) below, as if the incoming tenant had been a protected tenant and had become the statutory tenant by virtue of his previous protected tenancy.

• (6) Unless the incoming tenant is deemed, by virtue of sub-paragraph (4)(b) above, to have become a statutory tenant by virtue of paragraph 6 or 7 of Part I of this Schedule, paragraphs 5 to 7 of that Part shall not apply where a person has become a statutory tenant by virtue of this paragraph.

• (7) In this paragraph “the dwelling” means the aggregate of the premises comprised in the statutory tenancy of the outgoing tenant.

No pecuniary consideration to be required on change of tenant under paragraph 13

14

• (1) Any person who requires the payment of any pecuniary consideration for entering into such an agreement as is referred to in paragraph 13(1) above shall be liable to a fine not exceeding level 3 on the standard scale.

• (2) The court by which a person is convicted of an offence under sub-paragraph (1) above may order the amount of the payment to be repaid by the person to whom it was paid.

• (3) Without prejudice to sub-paragraph (2) above, the amount of any such payment as is referred to in sub-paragraph (1) above shall be recoverable by the person by whom it was made either by proceedings for its recovery or, if it was made to the landlord by a person liable to pay rent to the landlord, by deduction from any rent so payable.

• (4) Notwithstanding anything in sub-paragraph (1) above, if apart from this paragraph he would be entitled to do so, the outgoing tenant may require the payment by the incoming tenant—

• (a) of so much of any outgoings discharged by the outgoing tenant as is referable to any period after the transfer date;

• (b) of a sum not exceeding the amount of any expenditure reasonably incurred by the outgoing tenant in carrying out any structural alteration of the dwelling or in providing or improving fixtures therein, being fixtures which, as against the landlord, the outgoing tenant is not entitled to remove;

• (c) where the outgoing tenant became a tenant of the dwelling by virtue of an assignment of the previous protected tenancy, of a sum not exceeding any reasonable amount paid by him to his assignor in respect of expenditure incurred by the assignor, or by any previous assignor of the tenancy, in carrying out any such alteration or in providing or improving any such fixtures as are mentioned in paragraph (b) above; or

• (d) where part of the dwelling is used as a shop or office, or for business, trade or professional purposes, of a reasonable amount in respect of any goodwill of the business, trade or profession, being goodwill transferred to the incoming tenant in connection with his becoming a statutory tenant of the dwelling or accruing to him in consequence thereof.

• (5) In this paragraph “outgoing tenant”, “incoming tenant”, “the transfer date” and “the dwelling” have the same meanings as in paragraph 13 above.

SCHEDULE 2

Part I — Provisions for Determining Application of Section 12

1

In determining whether the condition in section 12(1)(c) of this Act is at any time fulfilled with respect to a tenancy, there shall be disregarded—

• (a) any period of not more than 28 days beginning with the date on which the interest of the landlord under the tenancy becomes vested at law and in equity in an individual who, during that period, does not occupy as his residence another dwelling-house which forms part of the building or, as the case may be, flat concerned;

• (b) if, within a period falling within paragraph (a) above, the individual concerned notifies the tenant in writing of his intention to occupy as his residence another dwelling house in the building or, as the case may be, flat concerned, the period beginning with the date on which the interest of the landlord under the tenancy becomes vested in that individual as mentioned in that paragraph and ending—

• (i) at the expiry of the period of 6 months beginning on that date, or

• (ii) on the date on which that interest ceases to be so vested, or

• (iii) on the date on which the condition in section 12(1)(c) again applies,

whichever is the earlier; and

• (c) any period of not more than 2 years beginning with the date on which the interest of the landlord under the tenancy becomes, and during which it remains, vested—

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

• (ii) in trustees as such; or

• (iii) by virtue of section 9 of the Administration of Estates Act 1925, in the Probate Judge or the Public Trustee.

2

During any period when—

• (a) in the interest of the landlord under the tenancy referred to in section 12(1) is vested in trustees as such, and

• (b) that interest is . . . held on trust for any person who occupies as his residence a dwelling-house which forms part of the building or, as the case may be, flat referred to in section 12(1)(a),

the condition in section 12(1)(c) shall be deemed to be fulfilled and, accordingly, no part of that period shall be disregarded by virtue of paragraph 1 above.

3

Throughout any period which, by virtue of paragraph 1 above, falls to be disregarded for the purpose of determining whether the condition in section 12(1)(c) is fulfilled with respect to a tenancy, no order shall be made for possession of the dwelling-house subject to that tenancy, other than an order which might be made if that tenancy were or, as the case may be, had been a regulated tenancy.

4

For the purposes of section 12, a building is a purpose-built block of flats if as constructed it contained, and it contains, 2 or more flats; and for this purpose “flat” means a dwelling-house which—

• (a) forms part only of a building; and

• (b) is separated horizontally from another dwelling-house which forms part of the same building.

5

For the purposes of section 12, a person shall be treated as occupying a dwelling-house as his residence if, so far as the nature of the case allows, he fulfills the same conditions as, by virtue of section 2(3) of this Act, are required to be fulfilled by a statutory tenant of a dwelling-house.

Part II — Tenancies ceasing to fall within section 12

Tenancies ceasing to fall within section 12

6

• (1) In any case where—

• (a) a tenancy which, by virtue only of section 12, was precluded from being a protected tenancy ceases to be so precluded and accordingly becomes a protected tenancy, and

• (b) before it became a protected tenancy a rent was registered for the dwelling concerned under Part V of this Act,

the amount which is so registered shall be deemed to be registered under Part IV of this Act as the rent for the dwelling-house which is let on that tenancy, and that registration shall be deemed to take effect on the day the tenancy becomes a protected tenancy.

• (2) Section 67(3) of this Act shall not apply to an application for the registration under Part IV of a rent different from that which is deemed to be registered as mentioned in sub-paragraph (1) above.

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

• (4) If, immediately before a tenancy became a protected tenancy as mentioned in sub-paragraph (1)(a) above, the rates in respect of the dwelling-house concerned were borne as mentioned in subsection (3) of section 79 of this Act and the fact that they were so borne was noted as required by that subsection, then, in the application of Part IV in relation to the protected tenancy, section 71(2) of this Act shall be deemed to apply.

7

If, in a case where a tenancy becomes a protected tenancy as mentioned in sub-paragraph (1)(a) above—

• (a) a notice to quit had been served in respect of the dwelling concerned before the date on which the tenancy became a protected tenancy, and

• (b) the period at the end of which that notice to quit takes effect had, before that date, been extended under Part VII of this Act, and

• (c) that period has not expired before that date,

the notice to quit shall take effect on the day following that date (whenever it would otherwise take effect) and, accordingly, on that day the protected tenancy shall become a statutory tenancy.

SCHEDULES 3—4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART I — 1956 Rateable Values

1

• (1) The reference in section 17(1)(a) of this Act to the rateable value of a dwelling-house on 7th November 1956 shall be construed—

• (a) if the dwelling-house was a hereditament for which a rateable value was on that date shown in the valuation list, as a reference to the rateable value of the hereditament, or where that value differed from the net annual value, the net annual value thereof, as shown in the valuation list on that date ;

• (b) if the dwelling-house formed part only of such a hereditament, as a reference to such proportion of the said rateable value or net annual value as may be or have been agreed in writing between the landlord and tenant or determined by the county court;

• (c) if the dwelling-house consisted of or formed part of more than one such hereditament, as a reference to the aggregate of the rateable values (ascertained in accordance with paragraphs (a) and (b) above) of those hereditaments or parts.

• (2) Any apportionment of rateable value made by the county court in a case falling within sub-paragraph (1)(b) above shall be final.

2

Subject to paragraph 3 below, where, after 7th November 1956, the valuation list was altered so as to vary the rateable value of a hereditament, and the alteration—

• (a) had effect from a date not later than 7th November 1956, and

• (b) was made in pursuance of a proposal made before 1st April 1957,

the rateable value on 7th November 1956 of any dwelling-house consisting of or wholly or partly comprised in that hereditament shall be ascertained as if the amount of the rateable, or as the case may be the net annual, value of that hereditament shown in the valuation list on 7th November 1956 had been the amount of that value shown in the list as altered.

3

Where such a proposal as is referred to in paragraph 2 above was pending on 6th July 1957 and—

• (a) the proposal was for an alteration in the valuation list reducing the rateable value of the dwelling-house, but

• (b) that rateable value on 31st March 1956 was such that, if it had remained unaltered, the rateable value of the dwelling-house on 7th November 1956 would have exceeded the relevant limit specified in section 17(1)(a) of this Act,

then any alteration in the rateable value of the dwelling-house which was made in pursuance of the proposal shall be disregarded in determining whether that rateable value on 7th November 1956 did or did not exceed the relevant limit in section 17(1)(a).

4

Where—

• (a) the tenant or any previous tenant under a tenancy or a statutory tenancy which began before 6th July 1957 made or contributed to the cost of an improvement on the premises comprised in the protected or statutory tenancy; and

• (b) the improvement was made before 7th November 1956 by the execution of works amounting to structural alteration, extension or addition,

the rateable value of the premises as ascertained in accordance with paragraphs 1 to 3 above shall be taken to be reduced by such amount, if any, as may have been agreed or determined in accordance with Part III of Schedule 5 to the Rent Act 1957 (which, in certain cases, provided for a reduction of rateable value on account of certain improvements if the tenant served the necessary notice on the landlord not later than 6 weeks after the commencement of that Act).

5

If at the time of the making of such an agreement relating to the rateable value of a dwelling-house as is mentioned in paragraph 1(b) above, the landlord was himself a tenant, then, unless he was a tenant under a tenancy having a term with more than 7 years to run at that time, the agreement shall not have effect for the purposes of this Act except with the concurrence in writing of his immediate landlord.

PART II — 1939 Rateable Values

6

This Part of this Schedule shall have effect in determining the 1939 rateable value of the dwelling-house for the purposes of section 17(2)(a) of this Act.

7

If, on 6th April 1939, a rateable value was shown in the valuation list then in force with respect to a dwelling-house within the area which constituted the administrative county of London, the 1939 rateable value of that dwelling-house means that rateable value or, if the net annual value of the dwelling-house as shown in that list differed from the rateable value, that net annual value.

8

If, on 1st April 1939, a rateable value was shown in the valuation list then in force with respect to a dwelling-house outside the area which constituted the administrative county of London, the 1939 rateable value of that dwelling-house means that rateable value or, if the net annual value of the dwelling-house as shown in that list differed from the rateable value, that net annual value.

9

In relation to a dwelling-house which was first assessed after 1st April 1939 or, if it is within the area which constituted the administrative county of London, after 6th April 1939, the 1939 rateable value means the rateable value shown in the valuation list with respect to the dwelling-house on the day on which the dwelling-house was first assessed or, if the net annual value as shown in the valuation list in force on that day differed from the rateable value, that net annual value.

10

Where, for the purpose of determining the 1939 rateable value of any dwelling-house, it is necessary to apportion the 1939 rateable value of the property in which that dwelling-house is comprised, the county court may, on application by either party, make such apportionment as seems just and the decision of a county court (whether given before or after the commencement of this Act) as to the amount to be apportioned to the dwelling-house shall be final.

SCHEDULE 4

1

• (1) Subject to this Schedule, the 1956 gross value of any dwelling, for the purposes of Part II of this Act, is the gross value thereof as shown in the valuation list on 7th November 1956 or, where the dwelling forms part only of a hereditament shown in that list, such proportion of the gross value shown in that list for that hereditament as may be or have been agreed in writing between the landlord and the tenant or be determined by the county court.

• (2) Any apportionment of gross value determined by the county court for the purposes of Part II of this Act shall be final.

2

Where a dwelling is or forms part of a hereditament for which no gross value was shown in the valuation list on 7th November 1956, paragraph 1 above shall have effect in relation to the dwelling as if, for the references to that date, there were substituted references to the first subsequent date on which a gross value for that hereditament was shown in the valuation list.

3

If, in pursuance of a proposal made before 1st April 1957, or made on the ground of a change in the occupier or in the circumstances of occupation, the gross value shown for a hereditament in the valuation list was varied after 7th November 1956, then, as regards any rental periods (whether beginning before or after the variation) the 1956 gross value of a dwelling which is or forms part of that hereditament shall be ascertained by reference to the gross value as so varied.

4

• (1) Where a dwelling is or forms part of a hereditament the gross value of which, as shown in the valuation list, was arrived at after such a reduction as was provided for in section 4(3) of the Valuation for Rating Act 1953 (which related to certain hereditaments consisting partly of premises used wholly for the purposes of a private dwelling and partly of other premises) that gross value shall be deemed, for the purposes of Part II of this Act, to be further reduced by four-sevenths of so much thereof as is attributable to that part of the hereditament which was not used wholly for the purposes of a private dwelling or private dwellings ; and a certificate of the valuation officer shall be conclusive evidence of the amount so attributable.

• (2) In sub-paragraph (1) above " the valuation officer", in relation to a valuation list, means any officer of the Commissioners of Inland Revenue who was for the time being appointed by the Commissioners to be the valuation officer or one of the valuation officers, or to be the deputy valuation officer or one of the deputy valuation officers, in relation to that fist.

5

• (1) Subject to sub-paragraph (2) below, where a dwelling consists of or forms part of more than one hereditament, the 1956 gross value of the dwelling shall be ascertained by determining the 1956 gross value of each hereditament or part as if it were a separate dwelling and aggregating the gross values so determined.

• (2) In determining, for the purposes of this paragraph, the 1956 gross value of any hereditament, that gross value shall be taken to be reduced by four-sevenths if it was ascertained in accordance with the definition of gross value in section 68 of the Rating and Valuation Act 1925.

6

Where a tenant or any previous tenant under a controlled tenancy which began before 6th July 1957 made or contributed to the cost of an improvement on the premises comprised in the tenancy and the improvement was made before 7th November 1956 by the execution of works amounting to structural alteration, extension or addition, the 1956 gross value of the premises shall be reduced by such amount, if any, as may have been agreed or determined in accordance with Part III of Schedule 5 to the Rent Act 1957 (which, in certain cases, provided for a reduction in the 1956 gross value on account of certain improvements if the tenant served the necessary notice on the landlord not later than 6 weeks after the commencement of that Act).

7

If, at the time of the making of such an agreement as is referred to in paragraph 1 above, the landlord was himself a tenant, then, unless he was tenant under a tenancy having a term with more than 7 years to run at that time, the agreement shall not have effect for the purposes of Part II of this Act, except with the concurrence in writing of his immediate landlord.

8

In this Schedule the expression " valuation list" does not include any new valuation list which came into force at any time after July 1957.

SCHEDULE 5

1

For the purposes of this Act, the amount of rates for any rental period shall be taken, subject to this Schedule, to be an amount which bears to the total rates payable during the relevant rating period the same proportion as the length of the rental period bears to the length of the relevant rating period.

2

In this Schedule “the relevant rating period”, in relation to a rental period, means the rating period during which the rent for that rental period is payable.

3

The amount of the rates for any rental period which precedes the making, by the authority levying the rates, of their first demand for, or for an instalment of, the rates for the relevant rating period shall be calculated on the basis that the rates for that rating period will be the same as for the last preceding rating period.

4

• (1) On the making, by the authority levying the rates, of their first such demand, and on the making by them of any subsequent such demand, the amount of the rates for any rental period shall if necessary be recalculated on the basis that the rates for the relevant rating period will be such as appears from the information given in the demand and any previous demands.

• (2) Any such recalculation shall not affect the ascertainment of the rates for any rental period beginning more than 6 weeks before the date of the service of the demand giving rise to the recalculation.

5

If, as a result of the settlement of a proposal, the rates payable for the relevant rating period are decreased, the amount of the rates for a rental period shall be recalculated so as to give effect to the decrease; but any such recalculation shall not affect the ascertainment of the rates for any rental period beginning more than 6 weeks before the date of the settlement of the proposal.

6

In computing the rates for any rental period for the purposes of this Schedule, any discount, and any allowance made under any of the enactments relating to allowances given where rates are paid by the owner instead of by the occupier, shall be left out of account, and accordingly those rates shall be computed as if no such discount or allowance had fallen to be, or had been, allowed or made.

SCHEDULE 6

PART I — Adjustment of Rent Limit

1

• (1) This Part of this Schedule shall have effect in ascertaining the rent limit by reference to the 1956 gross value.

• (2) If under the terms of the tenancy the tenant is responsible for all repairs, the appropriate factor is four-thirds.

• (3) If under the terms of the tenancy the tenant is responsible for some but not all repairs, the appropriate factor is such number less than 2 but greater than four-thirds as may be or have been agreed in writing between the landlord and the tenant or determined by the county court.

2

• (1) In paragraph 1 above the expression " repairs " does not include internal decorative repairs, but if the landlord is responsible for internal decorative repairs under the terms of the tenancy, or neither the landlord nor the tenant is responsible therefor under the terms of the tenancy but the landlord elects to be treated for the purposes of Part II of this Act as responsible therefor,—

• (a) " seven-thirds" and " five-thirds" shall be substituted respectively for " 2 " and "four-thirds" in section 27 of this Act and in paragraph 1 above, and

• (b) in the case of an election under this paragraph the question whether the rent limit applicable to any rental period beginning after the election is to be ascertained under section 27(1) or (2) of this Act shall be determined as if the election had always had effect.

• (2) An election under this paragraph shall be made by notice in the prescribed form served on the tenant and shall continue in force notwithstanding any change in the person of the landlord.

• (3) An election under this paragraph shall not have effect if the tenant dissents from it in writing within one month of the service on the tenant of the notice under sub-paragraph (2) above.

• (4) If the tenant duly dissents, Part VII of this Act shall have effect as if, in relation to the dwelling in question, the circumstances specified in Case 1 in Schedule 15 to this Act included the case where the tenant has failed to keep the dwelling in a reasonable state of internal decorative repair, having due regard to its age, character and locality.

PART II — Abatement for Disrepair

Notification of disrepair to landlord

3

This Part of this Schedule shall have effect where the tenant under a controlled tenancy serves on the landlord a notice in the prescribed form stating that—

• (a) the dwelling or any part of it is in disrepair by reason of defects specified in the notice, and

• (b) those defects ought reasonably to be remedied, having due regard to the age, character and locality of the dwelling,

and requesting the landlord to remedy them.

Landlord's undertaking to repair and certificates of disrepair

4

• (1) If, on the expiry of 6 weeks from the service of a notice under paragraph 3 above, any of the defects specified in the notice remain unremedied, then, unless the landlord has given an undertaking in the prescribed form to remedy those defects or such of them as the tenant may agree in writing to accept as sufficient, the tenant may in the prescribed form apply to the local authority for a certificate of disrepair.

• (2) Any application under this paragraph shall be accompanied by a copy of the notice served on the landlord.

• (3) Where an application under this paragraph is made to a local authority and the local authority are satisfied—

• (a) that the dwelling or any part of it is in disrepair by reason of defects specified in the notice served on the landlord and,

• (b) that all or any of those defects ought reasonably to be remedied, having due regard to the age, character and locality of the dwelling,

they shall issue to the tenant a certificate of disrepair accordingly.

• (4) Any such certificate of disrepair shall be in the prescribed form and shall specify the defects as to which the local authority are satisfied as mentioned in sub-paragraph (3) above, stating that the local authority are so satisfied.

• (5) If, on an application by the tenant, the county court is satisfied, with respect to any defects, that the local authority have failed to issue a certificate of disrepair which ought to have been issued, the court shall direct the authority to proceed on the footing that, in relation to those defects, they are satisfied as to the matters specified in sub-paragraph (3) above ; and if, on an application by the tenant, the county court is satisfied that any defect not specified in a certificate of disrepair ought to have been specified therein, the court shall order that the defect shall be deemed to have been specified in the certificate.

• (6) The local authority shall not be concerned to inquire into any obligation as between a landlord and a tenant or into the origin of any defect; but if, on an application by the landlord, the county court is satisfied, with respect to any defect specified in a certificate of disrepair, that it is one for which the tenant is responsible, the court shall cancel the certificate with respect to that defect.

• (7) If, on an application by the landlord, the county court is satisfied with respect to any defect specified in a certificate of disrepair that it ought not to have been so specified, the court shall cancel the certificate with respect to that defect.

• (8) Where a certificate of disrepair is cancelled under this paragraph with respect to all the defects specified therein, it shall be deemed never to have had effect; and where it is so cancelled with respect to some only of the defects specified therein, it shall be deemed never to have had those defects specified therein.

5

• (1) Where, after the issue of a certificate of disrepair, the landlord applies to the local authority for the cancellation of the certificate on the ground that the defects specified in the certificate have been remedied, the local authority shall serve on the tenant a notice to the effect that, unless an objection from the tenant is received by them within 3 weeks from the service of the notice on the ground that those defects or any of them have not been remedied, they propose to cancel the certificate.

• (2) If no objection is received as mentioned in sub-paragraph (1) above, or if, in the opinion of the local authority, the objection is not justified, they shall cancel the certificate as from the date of the application or such later date as appears to them to be the date on which the defects specified in the certificate were remedied.

• (3) Where the landlord has applied to the local authority for the cancellation of a certificate of disrepair and the authority have not cancelled the certificate, the landlord may apply to the county court, and if on the application the court is satisfied that the certificate ought to have been cancelled by the local authority, the court shall order that the certificate shall cease to have effect as from the date of the order or such earlier date as may be specified in the order.

• (4) Where the local authority have cancelled a certificate of disrepair the tenant may apply to the county court, and if on the application the court is satisfied that the certificate ought not to have been cancelled, the court may order that it shall be deemed not to have been cancelled.

Abatement of rent where certificate issued or undertaking not carried out

6

• (1) Where an application for a certificate of disrepair is granted, any notice of increase served during the period beginning 6 months before the date of the application and ending when the certificate ceases to be in force shall have no effect with respect to any rental period beginning while the certificate is in force, except in so far as it specifies an increase authorised by section 29, 31 or 32 of this Act.

• (2) Where a certificate of disrepair is issued, the appropriate factor applicable to any rental period beginning while the certificate is in force shall be four-thirds and the rent limit shall be ascertained under subsection (1) of section 27 of this Act, notwithstanding anything in subsection (3) of that section or section 145(4) of this Act.

• (3) A notice of increase served while a certificate of disrepair is in force shall be void unless it contains a statement that it will not take effect while the certificate is in force, except in so far as the increase specified in it is authorised by section 29, 31 or 32 of this Act.

• (4) Without prejudice to sub-paragraphs (1) to (3) above, but subject to sub-paragraph (5) below, the tenant shall be entitled to withhold rent otherwise recoverable for rental periods beginning while the certificate of disrepair continues in force up to an aggregate amount equal to the aggregate amount of rent for rental periods which began—

• (a) on or after the date of the application for the certificate of disrepair, and

• (b) before the granting thereof,

being rent which would have been made irrecoverable by sub-paragraphs (1) to (3) above if the certificate had been in force throughout those rental periods.

• (5) The amount of rent withheld for any rental period by virtue of sub-paragraph (4) above shall not exceed the amount of rent made irrecoverable by sub-paragraphs (1) to (3) above for the first rental period beginning while the certificate is in force.

• (6) Where under paragraph 4 above an application is made to the court for the cancellation of a certificate of disrepair with respect to all the defects specified therein, and the application is made within 3 weeks after the issue of the certificate, the rent recoverable for any rental period beginning while proceedings on the application are pending shall, until those proceedings are concluded, be deemed to be the same as if the certificate had not been issued.

7

• (1) If on the expiry of 6 months from the giving of such an undertaking as is mentioned in paragraph 4 above, any defects to which the undertaking relates remain unremedied, the same consequences shall follow as if a certificate of disrepair had then been issued and had continued in force until the remedying of the defects, and (where the undertaking was given before any application for such a certificate had been made) as if such an application had been made when the undertaking was given.

• (2) Where such an undertaking has been given, the landlord or the tenant may apply to the local authority for a certificate under this sub-paragraph, and the local authority shall certify whether any, and if so which, of the defects to which the undertaking relates remain unremedied.

• (3) A certificate under sub-paragraph (2) above shall in any proceedings be evidence until the contrary is proved of the matters certified.

8

• (1) If a certificate of disrepair is issued to the tenant of a dwelling, and the dwelling, or any part of it which is in disrepair by reason of the defects specified in the certificate, is subject to a sub-tenancy which is a controlled tenancy, then unless a certificate of disrepair in respect of those defects has been issued to the subtenant, the same consequences shall follow as between the tenant and the sub-tenant as if a certificate of disrepair—

• (a) had been issued to the sub-tenant when the certificate was issued to the tenant, and

• (b) had specified the same defects as the certificate issued to the tenant, and

• (c) had been issued on an application made by the sub-tenant when the tenant applied for the certificate issued to him, and

• (d) had continued in force for the same period as that certificate.

• (2) Where paragraph 7(1) above has effect as between the landlord and the tenant, sub-paragraph (1) above shall have effect accordingly as between the tenant and the sub-tenant.

• (3) Nothing in this paragraph shall prejudice the power of the sub-tenant to obtain a certificate of disrepair or the effect of any undertaking given to the sub-tenant.

Rent limit following cancellation of certificate of disrepair in cases to which section 31 applies

9

In a case to which section 31 of this Act applies, upon the cancellation of a certificate of disrepair, the rent limit for a rental period beginning after the cancellation shall be the greater of the following amounts:—

• (a) an amount calculated under section 27 of this Act (disregarding section 31); and

• (b) an amount calculated under that section as if subsection (1)(a) required the multiplication of the 1956 gross value of the dwelling by the reduced factor specified in paragraph 6(2) above and the addition to the figure arrived at of any increase permitted under section 31.

General and supplemental

10

This Part of this Schedule shall apply while a controlled tenancy continues notwithstanding any change in the person of the landlord or the tenant.

11

• (1) The defects which may be specified in a certificate of disrepair shall not include any defects in the state of internal decorative repair unless the landlord is responsible for internal decorative repairs under the terms of the tenancy or is to be treated as responsible therefor by virtue of an election under paragraph 2 above.

• (2) In considering whether or not to issue a certificate of disrepair or what defects to specify in such a certificate, the local authority shall treat the landlord as responsible for internal decorative repairs if the application for a certificate alleges that he is responsible therefor or that he is to be treated as responsible therefor by virtue of an election under paragraph 2 above, but in any other case the local authority shall treat the landlord as not responsible for such repairs.

• (3) Paragraph 4(6) above shall apply in relation to a defect in the state of internal decorative repair as if, for the words "for which the tenant is responsible ", there were substituted " for which the landlord is not responsible and is not to be treated as responsible by virtue of an election under paragraph 2 above ".

12

• (1) On an application to the local authority for a certificate of disrepair or a certificate under paragraph 7(2) above, there shall be paid to the local authority a fee of 12 ½ pence, but where a certificate of disrepair, or a certificate under that paragraph certifying that any defects remain unremedied, is granted to the tenant he shall be entitled to deduct the fee from any subsequent payment of rent to the landlord.

• (2) If a certificate of disrepair is cancelled by the court under paragraph 4 above with respect to all the defects specified in the certificate, any sum deducted under this paragraph may be recovered by the landlord.

• (3) On an application to the local authority for the cancellation of a certificate of disrepair, there shall be paid to the local authority a fee of 121 pence.

13

In the case of a controlled tenancy of a dwelling which forms part of any other premises owned by or under the control of the landlord or a superior landlord,—

• (a) any disrepair of the roof or of any other part of those premises which results, or may result, in disrepair of the dwelling, and

• (b) any disrepair of any staircase or other approach to the dwelling contained in those premises,

shall be treated for the purposes of this Part of this Schedule as if it were disrepair of the dwelling.

14

The local authority shall serve a copy of every certificate of disrepair issued by them on the landlord.

15

• (1) In this Part of this Schedule, references to defects for which the tenant is responsible are references—

• (a) to defects for the remedying of which, as between the landlord and the tenant, the tenant is responsible; or

• (b) to defects which are due to any act, neglect or default of the tenant or any person claiming under him or to any breach by the tenant or such a person of any express agreement.

• (2) In this Part of this Schedule, except where the context otherwise requires, " local authority ", in relation to any premises, means the Council of the district or of the London borough in which the premises are situated or, if they are situated in the City of London, the Common Council of the City of London.

SCHEDULE 7

Special rent limit

1

• (1) This paragraph applies to a regulated tenancy—

• (a) which was granted before 8th March 1973, and

• (b) which would not have been a regulated tenancy but for section 14(1) of the Counter-Inflation Act 1973 (which brought certain tenancies of dwelling-houses with high rateable values within the protection of the Rent Act 1968).

• (2) Subject to this Schedule, the recoverable rent for any contractual period of a tenancy to which this paragraph applies shall not exceed the limit specified in paragraph 2 below, and the amount of any excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.

• (3) Where a rent for the dwelling-house is registered under Part IV of this Act which is less than the limit specified in paragraph 2 below, neither section 44(1) nor section 45(2) of this Act shall apply to a tenancy to which this paragraph applies.

• (4) Sub-paragraphs (2) and (3) above shall cease to apply if the landlord and the tenant so provide by an agreement conforming with the requirements of section 51(4) of this Act.

• (5) Sub-paragraph (2) above shall not apply where a rent for the dwelling-house is registered under Part IV of this Act which is not less than the limit specified in paragraph 2 below.

2

• (1) Where, at 22nd March 1973, Article 10 of the Counter-Inflation (Rents) (England and Wales) Order 1972 applied to the rent under the tenancy (to which paragraph 1 above applies), the said limit is the rent payable under the tenancy as limited by the said Article 10 immediately before that date.

• (2) In any other case the said limit is the rent payable under the terms of the tenancy (to which paragraph 1 above applies) at 22nd March 1973.

Adjustment for repairs, services or rates

3

• (1) This paragraph applies to a contractual period the rent for which is subject to paragraph 1(2) above.

• (2) In this paragraph “the previous terms” means the terms of the tenancy (to which paragraph 1 above applies) as at 22nd March 1973, and “the limit” means the limit in paragraph 2 above.

• (3) Where under the terms of the tenancy there is with respect to—

• (a) the responsibility for any repairs, or

• (b) the provision of services by the landlord or any superior landlord, or

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

any difference compared with the previous terms, such as to affect the amount of the rent which it is reasonable to charge, the limit shall be increased or decreased by an appropriate amount.

• (4) Where for the contractual 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 during the first rental period for which the previous terms were agreed, the limit shall be increased or decreased by the difference.

• (5) Where for the contractual period there is an increase in the cost of the provision of the services (if any) provided for the tenant by the landlord or a superior landlord compared with that cost at the time when the previous terms were agreed, such as to affect the amount of the rent which it is reasonable to charge, the limit shall be increased by an appropriate amount.

• (6) Where the previous terms provide for a variation of the rent in any of the circumstances mentioned in this paragraph, the limit shall not be further varied under this paragraph by reason of the same circumstances.

• (7) Any question whether, or by what amount, the limit is increased or decreased by sub-paragraph (3) or (5) above shall be determined by the county court, and any such determination—

• (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 a subsequent determination.

Statutory period of tenancy: no adjustment for improvements

4

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

SCHEDULE 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

1

• (1) In this Schedule—

• " noted amount " means an amount noted under paragraph 2(1) below;

• " period of delay " means, subject to sub-paragraph (2) below, a period of 2 years beginning with the date of registration of a rent, whether before or after the coming into force of this Act;

• " permitted increase " means the amount by which the rent for any period may be increased ;

• " previous rent limit " means, subject to sub-paragraphs (3) and (4) below, the amount which at the date of registration was recoverable by way of rent or would have been so recoverable upon service of a notice or notices of increase;

• " registered ", in relation to a rent, means registered under Part IV of this Act and "registration" shall be construed accordingly;

• " service element " means any amount calculated under paragraph 2 below;

• " services " means services provided by the landlord or a superior landlord;

• " specified sum " means £0.40 per week for a period which falls within the first year of the period of delay and £0.80 per week for a period which falls within the second year.

• (2) In the case of a rent registered on or after 8th March 1974 but before 10th March 1975, the period of delay shall be taken to have begun on the later date.

• (3) Where the rent includes an amount payable in respect of rates, the previous rent limit shall be decreased by the amount so payable, ascertained in accordance with Schedule 5 to this Act.

• (4) Where the rent under a tenancy was rendered partly irrecoverable by an order under section 11 of the Counter-Inflation Act 1973, the previous rent limit is an amount equal to the part of the rent which was recoverable immediately before 10th March 1975.

• (5) An order may substitute for the specified sum, in relation to the first year of the period of delay or the second, or to the whole period, a sum other than the sum mentioned in sub-paragraph (1) above.

• (6) An order under sub-paragraph (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Service element

2

• (1) Where—

• (a) the registered rent includes a payment in respect of services, and

• (b) the rent is not registered as a variable rent in accordance with section 71(4) of this Act, but

• (c) not less than 5 per cent. of the amount of the registered rent is in the opinion of the rent officer or rent assessment committee fairly attributable to the services,

the amount so attributable shall be noted in the register.

• (2) In the Cases mentioned in the first column of the Table below, the amount of the service element shall be calculated as specified in the second column.

Case	Service element
Case A. A specified amount or proportion was in the previous rent limit attributable to the provision of services, and came to less than the noted amount.	The service element is the difference between the amount or proportion and the noted amount
Case B. No amount or proportion attributable to the provision of services is specified, but an amount less than the noted amount appears to the rent officer or rent assessment committee to have been attributable to such provision.	The service element is the difference between— an amount bearing to the previous rent limit the same proportion as the noted amount bears to the registered rent, and the noted amount.
Case C. No amount appears to the rent officer or rent assessment committee to have been attributable in the previous rent limit to the provision of services.	The service element is the noted amount.

• (3) The amount of the service element shall be recorded in the register, and in Case C above may be recorded by adding to the note under sub-paragraph (1) above a statement that the noted amount is the service element.

General formulae for calculating increases in rent

3

• (1) Subject to sub-paragraph (4) below, the permitted increase is an increase to an amount calculated in accordance with the formula set out in sub-paragraph (2) or (3) below, where—

• PRL is the previous rent limit,

• SE is the service element,

• RR is the registered rent, and

• SS is the specified sum.

• (2) The permitted increase for a period which falls within the first year of the period of delay is an increase to the greater of the following amounts, namely—

• (a) PRL+SE+ 1/3 [RR-(PRL+SE)];

• (b) PRL+SE+SS.

• (3) The permitted increase for a period which falls within the second year of the period of delay is an increase to the greater of the following amounts, namely—

• (a) PRL+SE+ 2/3 [RR-(PRL+SE)];

• (b) PRL+SE+SS.

• (4) The maximum permitted increase by virtue of this Schedule is an increase to the registered rent.

Subsequent registrations

4

• (1) Where the registration of the rent is in a period of delay beginning with an earlier registration—

• (a) from the date of the registration the limitation under the period of delay beginning with the earlier registration shall cease to apply ; and

• (b) a fresh period of delay shall begin with the later registration.

• (2) This Schedule shall apply in relation to any such case as if the previous rent limit were the aggregate of the limit at the date of the earlier registration and any addition permitted under this Schedule in the portion of the earlier period of delay which elapsed before the later registration.

Amounts to be noted on certificate of fair rent

5

Where the rent specified in a certificate of fair rent includes a payment in respect of services and the amount which in the opinion of the rent officer or rent assessment committee is fairly attributable to the provision of the services is not less than 5 per cent. of the amount of the rent, then, if the applicant so requests, the amount so attributable shall be noted in the certificate of fair rent together with the amount of the service element.

General

6

The amount of any service element or of any amount sought to be noted in the register or in the certificate of fair rent in pursuance of this Schedule shall be included among the matters with respect to which representations may be made or consultations are to be held or notices given under Parts I and II of Schedule 11, and under Schedule 12 to this Act.

7

In ascertaining for the purposes of this Schedule whether there is any difference between amounts, or what that difference is, such adjustments shall be made as may be necessary to take account of periods of different lengths; and for that purpose a month shall be treated as one-twelfth and a week as one-fifty-second of a year.

8

• (1) Where a registration takes effect from a date earlier than the date of registration, references in this Schedule to the date of registration shall nonetheless be references to the later date.

• (2) Where a rent determined by a rent assessment committee is registered in substitution for a rent determined by a rent officer, the preceding provisions of this Schedule shall have effect as if only the rent determined by the rent assessment committee had been registered, but the date of registration shall be deemed for the purposes of this Schedule (but not for the purposes of section 45(3) of this Act) to be the date on which the rent determined by the rent officer was registered.

9

This Schedule is subject to paragraph 3 of Schedule 20 to this Act.

10

Where any provision of this Schedule imposes a rent limit for a statutory period, or part of a statutory period, falling within the period of delay, section 45(2) of this Act shall have effect as if for references to the registered rent there were substituted references to that rent limit.

SCHEDULE 9

1

• (1) This paragraph applies where a rent for a dwelling-house which is subject to a regulated tenancy is registered under Part IV of this Act and—

• (a) the registration is the first registration, and the tenancy has become a regulated tenancy by virtue of Part VIII of this Act, section 43 of the Housing Act 1969 or Part III of the Housing Finance Act 1972, or

• (b) the registration is the first after the completion, during the existence of the regulated tenancy, of works towards the cost of which a grant was payable under Part I of the Housing Act 1969 or Part VII of the Housing Act 1974.

• (2) If the rent payable under the tenancy for any statutory period, or part of a statutory period, falling within the period of delay imposed by paragraph 2 below is less than the rent so registered, it shall not be increased by a notice of increase under section 45(2) of this Act except to the extent (if any) permitted under this Schedule ; and any such notice which purports to increase it further shall have effect to increase it to the extent so permitted but no further.

• (3) If after the tenancy becomes a regulated tenancy, or as the case may be after the completion of the works, and whether or not before the beginning of the period of delay, an agreement increasing the rent under the tenancy takes effect, the rent limit for any period of that tenancy (whether contractual or statutory), or part of such a period, falling within the period of delay shall be the amount to which, if the agreement had not been made, the rent could have been increased in accordance with this Schedule for a corresponding statutory period, or part of a statutory period.

• (4) in relation to such a contractual period or part the reference in section 71(3) of this Act to section 44(1) shall be construed as a reference to sub-paragraph (3) above.

• (5) Where sub-paragraph (3) above applies to a statutory period, or part of a statutory period, sub-paragraph (2) above shall not apply to that period or part.

• (6) Nothing in this Schedule shall prevent the rent being increased to the previous limit, calculated in accordance with paragraph 3 below, and nothing in this Schedule shall be taken to enable any rent to be increased above the amount registered.

• (7) Subject to sub-paragraph (6) above, the registration, during the period of delay, of a rent superseding, and lower than, the rent registered at die beginning of the period of delay shall not affect the amount by which the rent may be increased in the period of delay.

2

The period of delay shall begin with the date of registration, and its duration and the extent to which the rent may be increased in the period of delay, shall be as set out in the Table below where—

• " the step " means the excess of the rent registered at the beginning of the period of delay over the previous limit, and

• " increase in recoverable rent for an improvement " means an increase in rent made by virtue of section 32 or 48(1) of, or paragraph 3 of Schedule 17 to, this Act, and

• " add " means that for any rental period, or part of a rental period, beginning on or after the date as at which the addition is to be made the rent may be increased up to the previous limit, calculated in accordance with paragraph 3 below, with any previous addition under the Table, plus the specified addition,

and any reference to the addition of either a fraction of the step or a specified sum per week is a reference to an addition of whichever represents the greater increase of rent.

Case	Phasing
Case A. First registration of rent after tenancy becomes a regulated tenancy by virtue of Part VIII of this Act, section 43 of the Housing Act 1969 or Part III of the Housing Finance Act 1972 (except where one of the following cases applies).	Period of delay is 2 years.
Case A. First registration of rent after tenancy becomes a regulated tenancy by virtue of Part VIII of this Act, section 43 of the Housing Act 1969 or Part III of the Housing Finance Act 1972 (except where one of the following cases applies).	On date of registration add one third of the step, or £0.50 per week.
Case A. First registration of rent after tenancy becomes a regulated tenancy by virtue of Part VIII of this Act, section 43 of the Housing Act 1969 or Part III of the Housing Finance Act 1972 (except where one of the following cases applies).	One year after registration add one third of the step, or £0.50 per week.
Case B. As in Case A, but in the 12 months ending with the date of registration there has been an increase in recoverable rent for an improvement of £0.50 per week or more.	Period of delay ends with second anniversary of the date of increase.
Case B. As in Case A, but in the 12 months ending with the date of registration there has been an increase in recoverable rent for an improvement of £0.50 per week or more.	On first anniversary of the date of increase add one half of the step, or £0.50 per week.
Case C. As in Case A, but at a date more than 12 months before the date of registration but not more than 2 years before the date of application for registration there has been an increase in recoverable rent for an improvement of £0.50 per week or more.	Period of delay is one year.
Case C. As in Case A, but at a date more than 12 months before the date of registration but not more than 2 years before the date of application for registration there has been an increase in recoverable rent for an improvement of £0.50 per week or more.	On date of registration add one half of the step, or £0.50 per week.
Case D. As in Case A, but at the date of registration the landlord is entitled to serve (but has not served) a notice of increase under section 48(1) of, or paragraph 3 of Schedule 17 to, this Act which or which taken together, would increase the recoverable rent by £0.50 per week or more. Any such notice served before the date of registration which is not reflected in the previous limit as defined below because it has not taken effect shall be treated for the purposes of this Case as a notice which the landlord is entitled to serve.	Period of delay is 2 years.
Case D. As in Case A, but at the date of registration the landlord is entitled to serve (but has not served) a notice of increase under section 48(1) of, or paragraph 3 of Schedule 17 to, this Act which or which taken together, would increase the recoverable rent by £0.50 per week or more. Any such notice served before the date of registration which is not reflected in the previous limit as defined below because it has not taken effect shall be treated for the purposes of this Case as a notice which the landlord is entitled to serve.	One year after date of registration add one half of the step, or £0.50 per week.
Case E. As in Case A, but the date of registration is more than 3 months after the date of application for registration. If Case B, C or D applies this Case does not apply.	Period of delay ends 27 months after the date of application.
Case E. As in Case A, but the date of registration is more than 3 months after the date of application for registration. If Case B, C or D applies this Case does not apply.	On date of registration add one third of the step, or £0.50 per week.
Case E. As in Case A, but the date of registration is more than 3 months after the date of application for registration. If Case B, C or D applies this Case does not apply.	15 months after date of application add one third of the step, or £0.50 per week.
Case F. Works towards which a grant is payable or has been paid under Part I of the Housing Act 1969 or Part VII of the Housing Act 1974 are completed during a regulated tenancy of the dwelling-house. First registration after completion of the works.	Period of delay is 2 years.
Case F. Works towards which a grant is payable or has been paid under Part I of the Housing Act 1969 or Part VII of the Housing Act 1974 are completed during a regulated tenancy of the dwelling-house. First registration after completion of the works.	On date of registration add one third of the step, or £0.50 per week.
Case F. Works towards which a grant is payable or has been paid under Part I of the Housing Act 1969 or Part VII of the Housing Act 1974 are completed during a regulated tenancy of the dwelling-house. First registration after completion of the works.	One year after registration add one third of the step, or £0.50 per week.
Case G. As in Case F, but the registration (after completion of the works) is in a period of delay beginning with an earlier registration.	From the date of registration the limitation under the period of delay beginning with the earlier registration ceases to apply.
Case G. As in Case F, but the registration (after completion of the works) is in a period of delay beginning with an earlier registration.	A period of delay of 2 years shall begin with the later registration.
Case G. As in Case F, but the registration (after completion of the works) is in a period of delay beginning with an earlier registration.	On the date of the later registration add one third of the step, or £0.50 per week.
Case G. As in Case F, but the registration (after completion of the works) is in a period of delay beginning with an earlier registration.	One year after the later registration add one third of the step, or £0.50 per week.
Case G. As in Case F, but the registration (after completion of the works) is in a period of delay beginning with an earlier registration.	The step is from the previous limit for the earlier registration to the rent registered on the later registration, less any addition permitted in the part of the earlier period of delay before the second registration.
Case H. In the period of delay current under any of the Cases above the registration at the beginning of the period of delay is superseded by a later registration of a higher rent. If Case G applies this Case does not apply.	No new period of delay arises on the later registration, and the duration of the current period of delay is unaffected.
Case H. In the period of delay current under any of the Cases above the registration at the beginning of the period of delay is superseded by a later registration of a higher rent. If Case G applies this Case does not apply.	On the date of the later registration add the excess of the later registered rent over the earlier registered rent; in other respects the additions appropriate to the earlier registration are unaffected.

Previous limit

3

• (1) For the purposes of this Schedule the previous limit of a rent shall be taken to be the amount which at the date of registration was recoverable by way of the rent or would have been so recoverable if all notices of increase authorised by this Act, the Rent Act 1968 or section 37(3) of the Housing Finance Act 1972 had been served.

• (2) Where the rent includes an amount payable in respect of rates, the amount so payable, ascertained in accordance with Schedule 5 to this Act, shah be deducted from the amount specified in sub-paragraph (1) above in calculating the previous limit of the rent.

• (3) In any case where Schedule 8 to this Act had effect, but has ceased to have effect by reason of the registration of a new rent after an improvement with respect to which a grant under Part I of the Housing Act 1969 or Part VII of the Housing Act 1974 is payable or has been paid, this Schedule shall apply as if the previous rent limit were the aggregate of the limit at the date of the earlier registration and any addition permitted under Schedule 8 to this Act in the portion of the earlier period of delay which elapsed before the later registration.

Agreements with tenants having security of tenure: tenancy granted between conversion or improvement and the registration of rent

4

• (1) This paragraph applies where—

• (a) in the period between the conversion or improvement and the registration of a rent, the tenant, or any person who might succeed him as a statutory tenant, becomes the tenant under a new regulated tenancy of the dwelling-house, and

• (b) paragraph 1 above would have applied if the previous tenancy had continued and the new tenancy had not been granted.

• (2) The preceding provisions of this Schedule shall apply as if the said previous tenancy had continued, and the rent limit for any period (whether contractual or statutory) of the new regulated tenancy, or part of such a period, falling within the period of delay shall be the amount to which, if the original tenancy had continued, the rent payable thereunder could have been increased in accordance with this Schedule for a corresponding statutory period, or part of a statutory period.

• (3) In relation to such a contractual period or part the reference in section 71(3) of this Act to section 44(1) shall be construed as a reference to this paragraph.

• (4) In this paragraph "conversion or improvement" means the time when the tenancy mentioned in paragraph 1(1)(a) above becomes a regulated tenancy, or as the case may be the time when the works mentioned in paragraph 1(1)(b) above are completed.

Rent agreement taking effect between conversion or improvement and the registration of rent

5

• (1) If, in the period between the conversion or improvement and the registration of a rent, a rent agreement with a tenant having security of tenure takes effect as respects the dwelling-house, and the landlord has conformed with the requirements of section 52(6) of this Act, or with sections 51 and 53 of this Act, then the preceding provisions of this Schedule shall apply as respects the period after the actual registration of rent as if the registration of rent had been on the date when the agreement took effect.

• (2) Where this paragraph applies, the Table in this Schedule shall have effect as if all the Cases, other than Cases A and F, were omitted.

• (3) In this paragraph—

• " conversion or improvement " has the same meaning as in paragraph 4 above;

• " rent agreement with a tenant having security of tenure " has the meaning given by section 51(1) of this Act.

Tenancy granted after registration of rent to a tenant having security of tenure

6

Where during the period of delay in any Case the tenant, or any person who might succeed him as a statutory tenant, becomes the tenant under a new regulated tenancy of the dwelling-house, paragraph 4(2) above shall apply as it applies to a tenancy granted before the registration of a rent.

Supplemental

7

In ascertaining for the purposes of this Schedule whether there is any difference between amounts, or what that difference is, such adjustments shall be made as may be necessary to take account of periods of different lengths ; and for that purpose a month shall be treated as one-twelfth and a week as one-fifty-second of a year.

8

• (1) In this Schedule "registration" means registration of a rent under Part IV of this Act, and " registered " shall be construed accordingly.

• (2) Where a registration takes effect from a date earlier than the date of registration, references in this Schedule to the date of registration shall nonetheless be references to the later date.

• (3) Where a rent designated or determined by a rent assessment committee is registered in substitution for a rent determined by the rent officer, the preceding provisions of this Schedule shall have effect as if only the rent designated or determined by the rent assessment committee had been registered; but the date of registration shall be deemed for the purposes of this Schedule (but not for the purposes of section 45(3) of this Act) to be the date on which the rent determined by the rent officer was registered.

• (4) Where any provision of this Schedule imposes a rent limit for a statutory period, or part of a statutory period, falling within the period of delay, section 45(2) of this Act shall have effect in relation to that period, or part, as if for references to the registered rent there were substituted references to that rent limit.

9

This Schedule is subject to paragraph 3 of Schedule 20 to this Act.

Improvement works begun before 1972 to be disregarded for certain purposes

10

For the purposes of Cases B, C and D in the Table in this Schedule any improvement the works for which were begun before the year 1972 shall be disregarded, and accordingly if the effect of this paragraph is that one of those Cases does not apply, Case A shall apply instead.

SCHEDULE 10

1

The Welsh Ministers shall draw up and from time to time revise a panel of persons to act as chairmen and other members of rent assessment committees in Wales.

2

The panel shall consist of a number of persons appointed by the Lord Chancellor and a number of persons appointed by the Welsh Ministers.

3

The Welsh Ministers shall nominate one of the persons appointed by the Lord Chancellor to act as president of the panel, and one or more such persons to act as vice-president or vice-presidents.

4

Subject to this Schedule, the number of rent assessment committees in Wales and the constitution of those committees shall be determined by the president of the panel ... or, in the case of the president’s absence or incapacity, by the vice-president or, as the case may be, one of the vice-presidents.

5

Subject to paragraphs 5A, 6 and 6A below, each rent assessment committee shall consist of a chairman and one or two other members, and the chairman shall be either the president or vice-president (or, as the case may be, one of the vice-presidents) of the panel or one of the other members appointed by the Lord Chancellor.

6