Rent Act 1977

The president of the panel may, if he thinks fit, direct that when dealing with such cases or dealing with a case in such circumstances as may be specified in the direction, the chairman sitting alone may, with the consent of the parties, exercise the functions of a rent assessment committee.

7

There shall be paid to members of the panel such remuneration and allowances as the Welsh Ministers , . . ., may determine.

8

The President of the panel may appoint, with the approval of the Welsh Ministers as to numbers, such clerks and other officers and servants of rent assessment committees as he thinks fit, and there shall be paid to the clerks and other officers and servants such salaries and allowances as the Welsh Ministers , . . ., may determine.

9

There shall be paid out of moneys provided by Parliament—

• (a) the remuneration and allowances of members of the panel ;

• (b) the salaries and allowances of clerks and other officers and servants appointed under this Schedule; and

• (c) such other expenses of the panel as the Welsh Ministers may determine .

10

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

SCHEDULE 11

Part I — Application Unsupported by Certificate of Fair Rent

Procedure on application to rent officer

1

On receiving any application for the registration of a rent, the rent officer may, by notice in writing served on the landlord or on the tenant (whether or not the applicant or one of the applicants), require him to give to the rent officer, within such period of not less than 7 days from the service of the notice as may be specified in the notice, such information as he may reasonably require regarding such of the particulars contained in the application as may be specified in the notice.

2

• (1) Where the application is made jointly by the landlord and the tenant and it appears to the rent officer, after making such inquiry, if any, as he thinks fit and considering any information supplied to him in pursuance of paragraph I above, that the rent specified in the application is a fair rent, he may register that rent without further proceedings.

• (2) Where the rent officer registers a rent under this paragraph he shall notify the landlord and tenant accordingly. ]

3

• (1) In the case of an application which does not fall within paragraph 2 above, the rent officer shall serve on the landlord and on the tenant a notice inviting the person on whom the notice is served to state in writing, within a period of not less than seven days after the service of the notice, whether he wishes the rent officer to consider, in consultation with the landlord and the tenant, what rent ought to be registered for the dwelling-house.

• (2) A notice served under sub-paragraph (1) above on the person who did not make the application shall be accompanied—

• (a) by a copy of the application; and

• (b) where, in pursuance of section 67(2)(b), the application was accompanied by details of the landlord’s expenditure in connection with the provisions of services, by a copy of those details.]

4

• (1) Where, in response to a notice served by the rent officer under paragraph 3(1) above, the landlord or the tenant states in writing that he wishes the rent to be considered as mentioned in that paragraph, the rent officer shall serve a notice under this paragraph.

• (2) A notice under this paragraph shall be served on the landlord and on the tenant informing them that the rent officer proposes, at a time (which shall not be earlier than 7 days after the service of the notice, or 14 days in a case failing within paragraph 3(2)(b) above, and place specified in the notice, to consider in consultation with the landlord and the tenant, or such of them as may appear at that time and place, what rent ought to be registered for the dwelling-house or, as the case may be, whether a different rent ought to be so registered.

• (3) At any such consultation the landlord and the tenant may each be represented by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor.

• (4) The rent officer may, where he considers it appropriate, arrange for consultations in respect of one dwelling-house to be held together with consultations in respect of one or more other dwelling-houses.

5

After considering, in accordance with paragraph 4 above, what rent ought to be registered or, as the case may be, whether a different rent ought to be registered, the rent officer shall, as the case may require,—

• (a) determine a fair rent and register it as the rent for the dwelling-house; or

• (b) confirm the rent for the time being registered and note the confirmation in the register;

6

• (1) If such an objection as is mentioned in paragraph 5A above is received, then—

• (a) if it is received within the period of 28 days specified in that paragraph or the appropriate tribunal so direct, the rent officer shall refer the matter to the appropriate tribunal ;

• (b) if it is received after the expiry of that period the rent officer may either refer the matter to the appropriate tribunal or seek the directions of the appropriate tribunal committee whether so to refer it.

• (2) The rent officer shall indicate in the register whether the matter has been referred to a rent assessment committee in pursuance of this paragraph.

Determination of fair rent by rent assessment committee

7

• (1) A rent assessment committee to whom a matter is referred under paragraph 6 above—

• (a) may by notice in the prescribed form served on the landlord or the tenant require him to give to the committee, within such period of not less than 14 days from the service of the notice as may be specified in the notice, such further information, in addition to any given to the rent officer in pursuance of paragraph 1 above, as they may reasonably require; and

• (b) shall serve on the landlord and on the tenant a notice specifying a period of not less than 7 days from the service of the notice during which either representations in writing or a request to make oral representations may be made by him to the committee.

• (2) If any person fails without reasonable cause to comply with any notice served on him under sub-paragraph (1)(a) above, 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 sub-paragraph (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.

8

Where, within the period specified in paragraph 7(1)(b) above, or such further period as the committee may allow, the landlord or the tenant requests to make oral representations the committee shall give him an opportunity to be heard either in person or by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor.

9

• (1) The appropriate tribunal shall—

• (a) if it appears to them that the rent registered or confirmed by the rent officer is a fair rent, confirm that rent;

• (b) if it does not appear to them that that rent is a fair rent, determine a fair rent for the dwelling house.

• (2) Where the tribunal confirm or determine a rent under this paragraph they shall notify the landlord, the tenant and the rent officer of the tribunal’s decision and of the date on which it was made.

• (3) On receiving the notification, the rent officer shall, as the case may require, either indicate in the register that the rent has been confirmed or register the rent determined by the appropriate tribunal as the rent for the dwelling-house.

PART II — Application Supported by Certificate of Fair Rent (Except where Certificate Issued by virtue of Part VIII)

Procedure on application to rent officer

10

• (1) On receiving an application for the registration of a rent which is made as mentioned in section 69(4) of this Act, the rent officer shall ascertain whether the works specified in the certificate have been carried out in accordance with the plans and specifications which accompanied the application for the certificate or, as the case may be, whether—

• (a) the condition of the dwelling-house is the same as at the date of the certificate, and

• (b) if any furniture is or is to be provided for use under a regulated tenancy of the dwelling-house, the quantity, quality and condition of the furniture in the dwelling-house accords with, the prescribed particulars contained in the application for the certificate.

• (2) If the rent officer is satisfied that the works have been so carried out or, as the case may be, that—

• (a) the dwelling-house is in the same condition as at the date of the certificate, and

• (b) if any furniture is or is to be provided for use under a regulated tenancy of the dwelling-house, the quantity, quality and condition of the furniture in the dwelling-house accords with the prescribed particulars contained in the application for the certificate,

he shall register the rent in accordance with the certificate.

• (3) If the rent officer is not satisfied as mentioned in sub-paragraph (2) above, he shall serve on the applicant a notice stating the matters with respect to which he is not so satisfied and informing him that if, within 14 days from the service of the notice or such longer period as the rent officer or a rent assessment committee may allow, the applicant makes a request in writing to that effect, the rent officer will refer the matter to a rent assessment committee.

11

If such a request as is mentioned in paragraph 10(3) above is made, then—

• (a) if it is made within the period of 14 days specified in that paragraph or a rent assessment committee so direct, the rent officer shall refer the matter to a rent assessment committee ;

• (b) if it is made after the expiry of that period, the rent officer may either refer the matter to a rent assessment committee or seek the directions of a rent assessment committee whether so to refer it.

Procedure on reference to rent assessment committee

12

• (1) The rent assessment committee to whom a matter is referred under paragraph 11 above shall give the applicant an opportunity to make representations in writing or to be heard either in person or by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor.

• (2) After considering any representations made under sub-paragraph (1) above, the rent assessment committee shall notify the rent officer and the applicant whether they are satisfied as mentioned in paragraph 10(2) above and—

• (a) if they are so satisfied they shall direct the rent officer to register the rent in accordance with the certificate ;

• (b) if they are not so satisfied they shall direct the rent officer to refuse the application for registration.

Provisional registration

13

Where a rent is registered in pursuance of such an application as is mentioned in paragraph 10(1) above by a person who intends to grant a regulated tenancy, the registration shall be provisional only until the regulated tenancy is granted and shall be of no effect unless the rent officer is notified in the prescribed manner, within one month from the date of the registration or such longer time as the rent officer may allow, that the regulated tenancy has been granted.

14

Where a registration is made as mentioned in paragraph 13 above, the rent officer shall indicate in the register that it is so made and—

• (a) if he is notified as mentioned in that paragraph that the regulated tenancy has been granted he shall indicate that fact in the register ;

• (b) if he is not so notified he shall delete the registration.

PART III — Application Supported by Certificate of Fair Rent issued by Virtue of Part VIII

General

15

If—

• (a) the local authority have, under section 111(4) of this Act, stated that the works specified in the plans and specifications accompanying the application for the certificate of fair rent, have been carried out, and

• (b) the application for registration of a rent is made not later than 3 months after the issue of the qualification certificate,

the rent officer shall register the rent in accordance with the certificate of fair rent.

16

• (1) If—

• (a) the application for registration of a rent is made not later than 3 months after the issue of the qualification certificate, but

• (b) the local authority have not stated that the landlord has complied with the provisions of section 111(4) of this Act as respects the certificate of fair rent,

the rent officer shall ascertain whether the works specified in the plans and specifications accompanying the application for the certificate of fair rent have been carried out.

• (2) If the rent officer is satisfied that the works have been so carried out, he shall register the rent in accordance with the certificate.

• (3) If the rent officer is not so satisfied, paragraphs 18 to 25 below shall apply.

17

If—

• (a) the application for registration of a rent is made later than 3 months after the issue of the qualification certificate, or

• (b) the local authority have, under section 111(4) of this Act, stated that the works specified in the plans and specifications accompanying the application for the certificate of fair rent have not been carried out (in whole or in part),

paragraphs 18 to 25 below shall apply.

Notice served on tenant

18

Where this paragraph and the following paragraphs of this Schedule apply, the rent officer shall serve a notice on the tenant informing him of the application and specifying a period of not less than 7 days from the service of the notice during which representations in writing may be made to the rent officer against the registration of the rent specified in the certificate of fair rent.

19

Where no such representations are made then, unless it appears to the rent officer that the rent specified in the certificate of fair rent is higher than a fair rent, he shall register that rent and notify the landlord and tenant accordingly.

20

• (1) Where—

• (a) representations are made as mentioned in paragraph 18 above, or

• (b) the rent officer is of opinion that the rent specified in the certificate of fair rent is higher than a fair rent,

he shall serve notice on the landlord and on the tenant informing them that he proposes, at a time (which shall not be earlier than 7 days after the service of the notice) and place specified in the notice, to consider, in consultation with the landlord and the tenant or such of them as may appear at that time and place, what rent, not exceeding that specified in the certificate of fair rent, ought to be registered.

• (2) At any such consultation the landlord and tenant may each be represented by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor.

21

• (1) The rent officer shall consider, in accordance with paragraph 20 above, what rent ought to be registered, and—

• (a) if, after considering it, he is of opinion that the rent specified in the certificate of fair rent is not higher than a fair rent he shall register it, but

• (b) if, after considering it, he is of opinion that the rent so specified is higher than a fair rent he shall determine a fair rent and register that rent,

as the rent for the dwelling-house, and shall give notice of the registration to the landlord and the tenant.

• (2) The notice shall state that if, within 28 days of the service of the notice or such longer period as the rent officer or a rent assessment committee may allow, an objection in writing is received by the rent officer from the landlord or the tenant the matter will be referred to a rent assessment committee.

22

• (1) If such an objection is received, then—

• (a) if it is received within the period of 28 days mentioned in paragraph 21 above or a rent assessment committee so direct, the rent officer shall refer the matter to a rent assessment committee;

• (b) if it is received after that period, the rent officer may either refer the matter to a rent assessment committee or seek the directions of a rent assessment committee whether so to refer it.

• (2) The rent officer shall indicate in the register whether the matter has been referred to a rent assessment committee in pursuance of this paragraph.

Determination of fair rent by rent assessment committee

23

The rent assessment committee to whom a matter is referred under paragraph 22 above shall serve on the landlord and on the tenant a notice specifying a period of not less than 14 days from the service of the notice during which either representations in writing or a request to make oral representations may be made by him to the committee.

24

Where, within the period specified under paragraph 23 above or such further period as the committee may allow, the landlord or the tenant requests to make oral representations the committee shall give him an opportunity to be heard either in person or by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor.

25

• (1) The committee shall make such inquiry, if any, as they think fit and consider any representation made to them in pursuance of paragraphs 23 and 24 above and—

• (a) if it appears to them that the rent registered by the rent officer has been rightly registered they shall confirm it;

• (b) in any other case they shall designate as the rent for the dwelling-house either the rent specified in the certificate of fair rent or such lower rent as appears to them to be a fair rent, as the case may require;

and they shall notify the landlord, the tenant and the rent officer accordingly.

• (2) On receiving the notification, the rent officer shall, as the case may require, either indicate in the register that the rent has been confirmed or register the rent designated by the committee as the rent for the dwelling-house.

SCHEDULE 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

An application for a certificate of fair rent—

• (a) must be in the prescribed form ;

• (b) must state the rent to be specified in the certificate ;

• (c) in the case mentioned in section 691)(a) of this Act (but not where the application is made under section 111(1) of this Act), must be accompanied by plans and specifications of the works to be carried out and, if the works to be carried out are works of improvement, must state whether the dwelling-house is for the time being subject to a regulated tenancy; and

• (d) if any furniture is to be provided for use under a regulated tenancy of the dwelling-house, must contain the prescribed particulars with regard to any such furniture.

2

• (1) If it appears to the rent officer that the information sap-plied to him is insufficient to enable him to issue a certificate of fair rent he shall serve on the applicant a notice stating that he will not entertain the application and that, if a request in writing to that effect is made by the applicant within 14 days from the service of the notice or such longer period as a rent officer or a rent assessment committee may allow, the rent officer will refer the application to a rent assessment committee.

• (2) If such a request is made, then—

• (a) if it is made within the 14 days referred to in sub-paragraph (1) above or a rent assessment committee so direct, the rent officer shall refer the application to a rent assessment committee;

• (b) if it is made after the expiry of those 14 days, the rent officer may either refer the application to a rent assessment committee or seek the directions of a rent assessment committee whether so to refer it.

3

If, in the case of an application made otherwise than under section 111(1) of this Act, it appears to the rent officer that the information supplied to him is sufficient and that the rent stated in the application would be a fair rent he may, unless the dwelling-house is subject to a regulated tenancy, issue a certificate specifying that rent and the other terms referred to in section 69(2) of this Act

4

• (1) In the case of an application made under section 111(1) of this Act, the rent officer shall serve on the applicant a notice under sub-paragraph (3) below.

• (2) If, in the case of any application made otherwise than under that section, it appears to the rent officer that the information is sufficient but either—

• (a) he is not satisfied that She rent stated in the application would be a fair rent, or

• (b) the dwelling-house is subject to a regulated tenancy,

he shall serve on the applicant a notice under sub-paragraph (3) below.

• (3) A notice under this sub-paragraph shall state that the rent officer proposes, at a time (which shall not be earlier than 7 days after the service of the notice) and place specified in the notice, to consider in consultation with the applicant, if present at that time and place, what rent ought to be specified in the certificate.

• (4) At any such consultation the applicant may be represented by a person authorised by ham in that behalf, whether or not that person is of counsel or a solicitor.

5

After considering in accordance with paragraph 4 above what rent ought to be specified in the certificate, the rent officer shall determine a fair rent and shall serve on the applicant a notice stating that he proposes to issue a certificate specifying that rent, unless within 14 days from the service of the notice, or such longer period as the rent officer or a rent assessment committee may allow, the applicant requests in writing that the application should be referred to a rent assessment committee.

6

• (1) If such a request as is referred to in paragraph 5 above is made, then—

• (a) if it is made within the period of 14 days referred to in that paragraph or a rent assessment committee so direct, the rent officer shall refer the application to a rent assessment committee;

• (b) if it is made after the expiry of those 14 days, the rent officer may either refer the application to a rent assessment committee or seek the directions of a rent assessment committee whether so to refer it,

• (2) If no such request is made or if such a request is made but the application is not referred to a rent assessment committee, the rent officer shall issue the certificate.

7

• (1) Where an application is referred to a rent assessment committee, then if the reference is under paragraph 2 above and it appears to the committee that the information supplied by the applicant to the rent officer is insufficient to enable a certificate of fair rent to be issued they shall notify the applicant accordingly.

• (2) In any other case where an application is referred to a rent assessment committee, they shall serve on the applicant a notice specifying a period of not less than 14 days from the service of the notice during which either representations in writing or a request to make oral representations may be made by him to the committee.

• (3) Where, within the period specified under sub-paragraph (2) above or such further period as the committee may allow, the applicant requests to make oral representations, the committee shall give him an opportunity to be heard either in person or by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor.

8

• (1) After considering any representation made to them in pursuance of paragraph 7 above, the committee shall determine a fair rent for the dwelling-house and shall notify the applicant and the rent officer accordingly.

• (2) On receiving the notification the rent officer shall issue to the applicant a certificate of fair rent, specifying the rent determined by the committee.

9

• (1) Sub-paragraph (2) below shall apply where—

• (a) an application under this Schedule is made with respect to a dwelling-house which it is intended to improve and the dwelling-house is subject to a regulated tenancy, or

• (b) an application is made under section 111(1) of this Act.

• (2) Where this sub-paragraph applies—

• (a) a notice under paragraph 4, 5, 7(2) or 8 above shall be served on the tenant as well as on the applicant and any notice served under paragraph 4, 5 or 7(2) above shall refer to consultation with, or, as the case may be, a request or representations by, the tenant as well as the applicant;

• (b) the tenant may make representations, request reference to a rent assessment committee and be present or represented in like manner as the applicant, and references in this Schedule to the applicant shall be construed accordingly; and

• (c) a copy of any certificate of fair rent issued in pursuance of the application shall be sent to the tenant.

SCHEDULE 13

1

A rent tribunal shall consist of a chairman and 2 other members.

2

• (1) The chairman and other members of a rent tribunal shall be appointed by the Secretary of State.

• (2) During the absence or incapacity of any member of a rent tribunal a person appointed by the Secretary of State shall act in his place.

3

• (1) Where a rent tribunal acts for an area (whether consisting of one or more of the districts referred to in section 76(2) of this Act) wholly comprised in the area for which a panel is formed under Schedule 10 to this Act, the Secretary of State may direct the president of that panel to exercise, on behalf of the Secretary of State, his powers of appointment under paragraph 2 above.

• (2) A person appointed by the president of a panel, by virtue of a direction under this paragraph, shall be selected by the president from that panel.

• (3) While a direction is in force under this paragraph, section 7 of the Tribunals and Inquiries Act 1971 (appointment of chairmen) shall not apply to the rent tribunal in question, but the president shall appoint as chairman or person to act as chairman of the rent tribunal either himself or one of the other members of the panel appointed by the Lord Chancellor.

4

The members and acting members of a rent tribunal shall receive such remuneration and such travelling and other allowances as the Secretary of State may, with the consent of the Minister for the Civil Service, determine.

5

• (1) A rent tribunal may appoint a clerk and, with the approval of the Secretary of State as to numbers, such other officers and servants as they think fit.

• (2) There shall be paid to the clerk and other officers and servants such salary and allowances as the Secretary of State, with the consent of the Minister for the Civil Service, may determine.

6

There shall be defrayed out of moneys provided by Parliament—

• (a) the remuneration and allowances of members and acting members of a rent tribunal;

• (b) the salaries and allowances of the clerk and other officers appointed under this Schedule; and

• (c) such other expenses of a rent tribunal as the Minister for the Civil Service may determine.

SCHEDULE 14

1

• (1) This paragraph applies in any case where—

• (a) a tenancy of a dwelling-house under which the interest of the landlord belonged to a housing association came to an end at a time before 1st April 1975, and

• (b) on the date when it came to an end, the tenancy was one to which Part VIII of the 1972 Act (which is superseded by Part VI of this Act) applied, and

• (c) if the tenancy had come to an end on 1st April 1975 it would, by virtue of section 18(1) of the 1974 Act have then been a protected tenancy for the purposes of the Rent Act 1968.

• (2) If on 1st April 1975 a person who was the tenant under the tenancy which came to an end duly retained possession of the dwelling-house, he shall be deemed to have done so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant.

• (3) If on 1st April 1975 a person duly retained possession of the dwelling-house as being a person who, in the circumstances described in sub-paragraph (5) below, would have been the first successor, within the meaning of Schedule 1 to the Rent Act 1968, he shall be deemed to have done so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 2 or 3 of Schedule 1 to this Act.

• (4) If on 1st April 1975 a person duly retained possession of the dwelling-house as being a person who, in the circumstances described in sub-paragraph (5) below, would have become the statutory tenant on the death of a first successor, he shall be deemed to have done so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 6 or 7 of Schedule 1 to this Act.

• (5) The circumstances mentioned in sub-paragraphs (3) and (4) above are that—

• (a) the tenant under the tenancy, or any person to whom the dwelling-house or any part thereof had been lawfully sublet has died; and

• (b) if the deceased had been the original tenant within the meaning of Schedule 1 to the Rent Act 1968, the person duly retaining possession of the dwelling-house would have been the first successor within the meaning of that Schedule or would have become the statutory tenant on the death of that first successor.

• (6) References in this paragraph to a person duly retaining possession of a dwelling-house are references to his retaining possession without any order for possession having been made or, where such an order has been made—

• (a) during any period while its operation is postponed or its execution is suspended; or

• (b) after it has been rescinded.

• (7) Subject to sub-paragraph (8) below, the tenancy referred to in sub-paragraph (1) above shall be treated as the original contract of tenancy for the purposes of section 3 of this Act in relation to a statutory tenancy imposed by any of subparagraphs (2) to (4) above.

• (8) The High Court or the county court may by order vary all or any of the terms of a statutory tenancy imposed by any of sub-paragraphs (2) to (4) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by sections 46 and 47 of this Act).

2

• (1) If, in a case where either a tenancy has become a protected tenancy by virtue of section 18(1) of the 1974 Act or by virtue or subsections (1) and (3) of section 15 of this Act or a statutory tenancy has been imposed by virtue of paragraph 1 above—

• (a) a rent (the “previous registered rent”) was registered for the dwelling-house at a time when Part VIII of the 1972 Act or Part VI of this Act applied to that tenancy or, as the case may be, to the tenancy referred to in paragraph 1(1) above; and

• (b) a rent has subsequently been registered for the dwelling-house under Part IV of this Act but the rent so registered is less than the previous registered rent,

then subject to paragraph 4 below, until such time as a rent is registered under Part IV which is higher than the previous registered rent, the contractual rent limit or, as the case may be, the maximum rent recoverable during any statutory period of the regulated tenancy concerned shall be the previous registered rent.

• (2) If in a case falling within sub-paragraph (1) above, the Secretary of State has, in a direction under section 90 of this Act, specified a rent limit for the dwelling-house higher than the previous registered rent, then, during the period for which that direction has effect as mentioned in that section, sub-paragraph (1) above shall have effect with the substitution for any reference to the previous registered rent of a reference to the rent limit so specified.

• (3) Nothing in this paragraph shall affect the operation of section 73 of this Act and, accordingly, where the registration of a rent is cancelled in accordance with that section, sub-paragraph (1) above shall cease to apply in relation to the rent of the dwelling-house concerned.

3

• (1) This paragraph applies for the purposes of the application of Part III of this Act in relation to—

• (a) a tenancy which has become a protected tenancy by virtue of section 18(1) of the 1974 Act or by virtue of subsections (1) and (3) of section 15 of this Act,

• (b) a statutory tenancy arising on the termination of such a tenancy, and

• (c) a statutory tenancy imposed by virtue of paragraph 1 above,

in any case where at the time when Part VIII of the 1972 Act or Part VI of this Act applied to the tenancy referred to in paragraph (a) above or, as the case may require, paragraph 1(1) above, section 83(3) of the 1972 Act or section 88(4) of this Act, applied.

• (2) Where this paragraph applies, the rent limit applicable to the tenancy or statutory tenancy referred to in sub-paragraph (1) above shall be deemed to be (or, as the case may be, to have been) the contractual rent limit under the relevant tenancy, but without prejudice to the subsequent registration of a rent for the dwelling-house under Part IV of this Act or (during the currency of a protected tenancy) the making of an agreement under section 51 of this Act increasing the rent payable.

• (3) Sub-paragraph (2) above shall have effect notwithstanding the repeal by the 1972 Act of section 20(3) of the Rent Act 1968 (contractual rent limit before registration), but nothing in this paragraph shall be taken as applying any provisions of section 88 of this Act to a tenancy at a time when it is a protected tenancy.

• (4) In this paragraph “the relelvant tenancy” means—

• (a) in the case of a tenancy falling within sub-paragraph (1)(a) above, that tenancy;

• (b) in the case of a statutory tenancy falling within sub-paragraph (1)(b) above, the tenancy referred to in sub-paragraph (1)(a) above; and

• (c) in the case of a statutory tenancy falling within sub-paragraph (1)(c) above, the protected tenancy referred to in sub-paragraph (2) of paragraph 1 above or, in a case where sub-paragraph (3) or (4) of that paragraph applies, a notional protected tenancy which, when taken with that regulated tenancy would, by virtue of section 18(2) of this Act, be treated for the purposes of this Act as constituting one regulated tenancy when taken together with the statutory tenancy.

4

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

5

• (1) This paragraph has effect with respect to the application of Schedule 9 to this Act in relation to a regulated tenancy consisting of—

• (a) a tenancy which has become a protected tenancy by virtue of section 18(1) of the 1974 Act or by virtue of subsections (1) and (3) of section 15 of this Act, or

• (b) a statutory tenancy imposed by virtue of paragraph 1 above,

together with any subsequent statutory tenancy which, when taken with that regulated tenancy, is by virtue of section 18(2) of this Act treated for the purposes of this Act as constituting one regulated tenancy.

• (2) For the purposes of paragraph 1(1)(b) of Schedule 9, a tenancy falling within sub-paragraph (1)(a) above shall be deemed to have been a regulated tenancy throughout the period when Part VIII of the 1972 Act or Part VI of this Act applied to it.

• (3) In the case of a regulated tenancy falling within sub-paragraph (1)(b) above, paragraph 1(1)(b) of Schedule 9 shall have effect as if the reference to the completion of works during the existence of the regulated tenancy included a reference to their completion during the period beginning on the day on which Part VIII of the 1972 Act or Part VI of this Act first applied to the tenancy referred to in paragraph 1(1) above and ending on the day on which the regulated tenancy came into existence.

• (4) The reference in paragraph 3(1) of Schedule 9 to notices of increase authorised by this Act shall include a reference to notices of increase under section 87 of the 1972 Act.

6

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

7

In the application of section 70 of this Act in relation to a tenancy which has become a protected tenancy by virtue of section 18(1) of the 1974 Act or by virtue of subsections (1) and (3) of section 15 of this Act or a statutory tenancy which is imposed by virtue of paragraph 1 above, the reference in subsection (3) to a failure to comply with any terms of a regulated tenancy or to carrying out an improvement includes a reference to a failure occuring or an improvement carried out before the tenancy became a regulated tenancy or, as the case may be, before the statutory tenancy was imposed.

8

In this Schedule “the 1972 Act” means the Housing Finance Act 1972 and “the 1974 Act” means the Housing Act 1974.

SCHEDULE 15

Part I — Cases in Which Court May Order Possession

Part II — Cases in Which Court Must Order Possession Where Dwelling-House Subject to Regulated Tenancy

Part III — Provisions Applicable to Case 9 and Part II of This Schedule

Provision for Case 9

1

A court shall not make an order for possession of a dwelling-house by reason only that the circumstances of the case fall within Case 9 in Part I of this Schedule if the court is satisfied that, having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by granting the order than by refusing to grant it.

Provision for Part II

2

Any reference in Part II of this Schedule to the relevant date shall be construed as follows:—

• (a) except in a case falling within paragraph (b) or (c) below, if the protected tenancy, or, in the case of a statutory tenancy, the previous contractual tenancy, was created before 8th December 1965, the relevant date means 7th June 1966 ; and

• (b) except in a case falling within paragraph (c) below, if the tenancy became a regulated tenancy by virtue of section 14 of the Counter-Inflation Act 1973 and the tenancy or, in the case of a statutory tenancy, the previous contractual tenancy, was created before 22nd March 1973, the relevant date means 22nd September 1973 ; and

• (c) in the case of a regulated furnished tenancy, if the tenancy or, in the case of a statutory furnished tenancy, the previous contractual tenancy was created before 14th August 1974, the relevant date means 13th February 1975 ; and

• (d) in any other case, the relevant date means the date of the commencement of the regulated tenancy in question.

Part IV — Suitable Alternative Accommodation

3

For the purposes of section 98(1)(a) of this Act, a certificate of the local housing authority for the district in which the dwelling-house in question is situated, certifying that the authority will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date.

4

• (1) Where no such certificate as is mentioned in paragraph 3 above is produced to the court, accommodation shall be deemed to be suitable for the purposes of section 98(1)(a) of this Act if it consists of either—

• (a) premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy other than one under which the landlord might recover possession of the dwelling-house under one of the cases in Part II of this Schedule), or

• (b) premises to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Part VII of this Act in the case of a protected tenancy, or a kind mentioned in paragraph (a) above,

and, in the opinion of the court, the accommodation fulfils the relevant conditions as defined in paragraph 5 below.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

• (1) For the purposes of paragraph 4 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either—

• (a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by any local housing authority for persons whose needs as regards extent are, in the opinion of the court, similar to those of the tenant and of his family; or

• (b) reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character; and

that if any furniture was provided for use under the protected or statutory tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family.

• (2) For the purposes of sub-paragraph (1)(a) above, a certificate of a local housing authority stating—

• (a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and

• (b) the amount of the rent charged by the authority for dwelling-houses affording accommodation of that extent,

shall be conclusive evidence of the facts so stated.

6

Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of the Part X of the Housing Act 1985.

7

Any document purporting to be a certificate of a local housing authority named therein issued for the purposes of this Schedule and to be signed by the proper officer of that authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.

8

In this Part “ local housing authority ” and “ district ” in relation to such an authority have the same meaning as in the Housing Act 1985.

SCHEDULE 16

CASE I — Alternative accommodation not provided or arranged by housing authority

1

The court is satisfied that suitable alternative accommodation is available for the tenant, or will be available for him when the order for possession takes effect.

2

Accommodation shall be deemed suitable in this Case if it consists of—

• (a) premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy, or

• (b) premises which are to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Part VII of this Act in the case of a protected tenancy,

and, in the opinion of the court, the accommodation fulfils the conditions in paragraph 3 below.

3

• (1) The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work and either—

• (a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by the housing authority concerned for persons whose needs as regards extent are similar to those of the tenant and his family, or

• (b) reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent and character.

• (2) For the purposes of sub-paragraph (1)(a) above, a certificate of the housing authority concerned stating—

• (a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of each number as may be specified in the certificate, and

• (b) the amount of the rent charged by the housing authority concerned for dwelling-houses affording accommodation of that extent,

shall be conclusive evidence of the facts so stated.

• (3) If any furniture was provided by the landlord for use under the tenancy, furniture must be provided for use in the alternative accommodation which is either similar, or is reasonably suitable to the needs of the tenant and his family.

4

Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of the Housing Act 1957.

5

Any document purporting to be a certificate of the local housing authority issued for the purposes of this Case and to be signed by the proper officer of the authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.

6

In this Case no account shall be taken of accommodation as respects which an offer has been made, or notice has been given, as mentioned in paragraph 1 of Case II below.

7

In this Case and in Case II below “the local housing authority” has the same meaning as in the Housing Act 1985.

CASE II — Alternative accommodation provided or arranged by housing authority

1

The housing authority concerned have made an offer in writing to the tenant of alternative accommodation which appears to them to be suitable, specifying the date when the accommodation will be available and the date (not being less than 14 days from the date of offer, by which the offer must be accepted.

2

The landlord shows that the tenant accepted the offer (by the housing authority or other person) within the time duly specified in the offer.

3

• (1) The accommodation offered must in the opinion of the court fulfil the conditions of this paragraph.

• (2) The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work.

• (3) The accommodation must be reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent.

4

If the accommodation offered is available for a limited period only, the housing authority's offer or notice under paragraph 1 of this Case must contain an assurance that other accommodation—

• (a) the availability of which is not so limited,

• (b) which appears to them to be suitable, and

• (c) which fulfils the conditions in paragraph 3 above,

will be offered to the tenant as soon as practicable.

SCHEDULE 17

1

In this Schedule—

• “converted tenancy” means a tenancy which has become a regulated tenancy by virtue of any of the enactments mentioned in section 18A of this Act.

• “the conversion” means the time when the tenancy became a regulated tenancy.

2

In relation to any rental period beginning after the conversion, sections 45 to 47 of this Act shall have effect as if references therein to the last contractual period were references to the last rental period beginning before the conversion.

3

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

4

• (1) The increase provided for by paragraph 3 above shall not take effect except in pursuance of a notice of increase served by the landlord on the tenant and specifying the date, which may be any date after the service of the notice, from which it is to take effect.

• (2) Section 49 of this Act shall apply to a notice of increase under this paragraph as it applies to a notice of increase described in that section.

5

Section 5(1) of this Act shall not apply to the converted tenancy after the conversion.

6

Section 70 of this Act shall apply in relation to the converted tenancy as if the references in subsection (3) of that section to the tenant under the regulated tenancy included references to the tenant under the tenancy before the conversion.

7

None of the enactments mentioned in section 18A of this Act shall be taken as affecting any court proceedings, instituted under this Act (or, as the case may be, the Rent Act 1968) before the conversion, which may affect the recoverable rent before the conversion, or the rent under the regulated tenancy after the conversion so far as that depends on the previous rent.

8

Any court order in any proceedings to which paragraph 7 above applies which is made after the conversion may exclude from the effect of the order rent for any rental period beginning before the conversion, or for any later rental period beginning before the making of the order.

9

Any right conferred on a tenant by section 38 of, or paragraph 6(4) of Schedule 6 to, this Act to recover any amount by deducting it from rent shall be exercisable by deducting it from rent for any rental period beginning after the conversion to the same extent as the right would have been exercisable if the conversion had not taken place.

10

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

11

Subject to paragraph 8 above, where the court is satisfied that a local authority have failed to issue a certificate of disrepair and make an order under paragraph 4(5) of Schedule 6 to this Act after the conversion, the order shall be that a certificate of disrepair shall be deemed to have been issued immediately before the conversion.

SCHEDULE 18

Part I — Premium Allowed on Assignment of Tenancy where Premium Lawfully Paid on Grant

1

• (1) This Part of this Schedule applies where—

• (a) a premium was lawfully required and paid, or lawfully received, in respect of the grant, renewal or continuance of a protected tenancy of a dwelling-house which is a regulated tenancy; and

• (b) since that grant, renewal or continuance the landlord has not granted a tenancy of the dwelling-house under which, as against the landlord, a person became entitled to possession, other than the person who was so entitled to possession of the dwelling-house immediately before that tenancy began; and

• (c) a rent for the dwelling-house is registered under Part IV of this Act and the rent so registered is higher than the rent payable under the tenancy.

• (2) Any reference in this Part of this Schedule to a premium does not include a premium which consisted only of any such outgoings, sum or amount as fall within section 120(3) of this Act and, in the case of a premium which included any such outgoings, sum or amount, so much only of the premium as does not consist of those outgoings, sum or amount shall be treated as the premium for the purposes of this Part of this Schedule.

2

In a case where this Part of this Schedule applies, nothing in section 120 of this Act shall prevent any person from requiring or receiving, on an assignment of the protected tenancy referred to in paragraph 1(1)(a) above or any subsequent protected tenancy of the same dwelling-house, a premium which does not exceed an amount calculated (subject to paragraph 4 below) in accordance with the formula—

3

• (1) If, although the registered rent is higher than the rent payable under the tenancy, the lump sum equivalent of the difference is less than the premium, paragraph 2 above shall have effect as if P were the lump sum equivalent.

• (2) For the purposes of this Part of this Schedule, the lump sum equivalent of the difference between the two rents referred to in sub-paragraph (1) above shall be taken to be that difference multiplied by the number of complete rental periods falling within the period beginning with the grant, renewal or continuance in respect of which the premium was paid and ending on the relevant date.

4

Where any rates in respect of the dwelling-house are borne by the landlord or a superior landlord, the amount of the registered rent shall be taken, for the purposes of this Part of this Schedule, to be increased by the amount of the rates so borne in respect of the rental period comprising the date from which the registration took effect.

5

• (1) Any reference in this Part of this Schedule to the relevant date shall be construed in accordance with this paragraph.

• (2) Where the tenancy referred to in paragraph 1(1)(a) above was granted, renewed or continued for a term of years certain exceeding 7 years and that term has not expired when the assignment takes effect, the relevant date is the date of the expiry of that term.

• (3) In any other case, the relevant date is the date of the expiry of 7 years from the commencement of the term, or, as the case may be, the renewal or continuance of the term in respect of which the premium was paid.

• (4) For the purposes of this paragraph—

• (a) a term of years shall be treated as certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term; and

• (b) a term of years determinable by the landlord giving notice to determine it shall be treated as a term of years certain expiring on the earliest date on which such a notice given after the date of the assignment would be capable of taking effect.

Part II — Premium Allowed under Sections 121 and 127

6

Where this Part of this Schedule applies to any tenancy and a premium was lawfully required and paid on the grant or an assignment of the tenancy, nothing in section 120 of this Act shall prevent any person from requiring or receiving, on an assignment of the tenancy, the fraction of the premium specified below (without prejudice, however, to his requiring or receiving a greater sum in a case where he may lawfully do so under Part I of this Schedule).

• (2) If there was more than one premium, sub-paragraph (1) above shall apply to the last of them.

7

• (1) The fraction is

$$XY$where$

• X is the residue of the term of the tenancy at the date of the assignment, and

• Y is the term for which the tenancy was granted.

• (2) Sub-paragraph (1) above shall apply where a tenancy has been assigned as it applies where a tenancy has been granted and then Y in the fraction shall be the residue, at the date of that assignment, of the term for which the tenancy was granted.

8

Where the tenancy was granted on the surrender of a previous tenancy, and a premium had been lawfully required and paid on the grant or an assignment of the previous tenancy, the surrender value of the previous tenancy shall be treated, for the purposes of this Part of this Schedule, as a premium or, as the case may be, as part of the premium, paid on the grant of the tenancy.

9

For the purposes of paragraph 8 above, the surrender value of the previous tenancy shall be taken to be the amount which, had the previous tenancy been assigned instead of being surrendered and had this Part of this Schedule applied to it, would have been the amount that could have been required and received on the assignment in pursuance of this Part of this Schedule.

10

In determining for the purposes of this Part of this Schedule the amount which may or could have been required and received on the assignment of a tenancy terminable, before the end of the term for which it was granted, by notice to the tenant, that term shall be taken to be a term expiring at the earliest date on which such a notice given after the date of the assignment would have been capable of taking effect.

11

In this Part of this Schedule “grant” includes continuance and renewal.

SCHEDULE 19

PART I — Restrictions Relating to Interest Rates

1

• (1) This paragraph applies to a controlled mortgage which was created before 2nd July 1920 and to which paragraph 1 of Schedule 12 to the Rent Act 1968 applied immediately before the commencement of this Act.

• (2) If the rate of interest on a mortgage to which this paragraph applies has been, at any time since 25th March 1920, or is, after the commencement of this Act, increased beyond the limit permitted under this paragraph, the amount of the excess over that limit is irrecoverable from the mortgagor, notwithstanding any agreement to the contrary.

• (3) The limit to which the rate of interest payable in respect of a mortgage to which this paragraph applies may be increased is 6 ½ per cent. per annum or 1 per cent. per annum above the standard rate of interest, whichever is the less.

• (4) In this paragraph "the standard rate of interest" means—

• (a) in the case of a mortgage which was in force on 3rd August 1914, the rate of interest payable at that date; and

• (b) in the case of any other mortgage to which this paragraph applies, the original rate of interest.

2

• (1) This paragraph applies to a controlled mortgage to which paragraph 2 of Schedule 12 to the Rent Act 1968 applied immediately before the commencement of this Act.

• (2) In so far as the rate of interest on a mortgage to which this paragraph applies has been, at any time since 1st September 1939, or is, after the commencement of this Act, increased beyond the standard rate of interest, the amount of the excess is irrecoverable from the mortgagor, notwithstanding any agreement to the contrary.

• (3) In this paragraph " the standard rate of interest" means—

• (a) in the case of a mortgage which was in force on 1st September 1939, the rate of interest payable at that date; and

• (b) in the case of any other mortgage to which this paragraph applies, the original rate of interest.

• (4) Sub-paragraphs (2) and (3) above shall have effect subject to paragraphs 3 and 4 below.

3

In relation to a mortgage to which paragraph 2 above applies but which became a mortgage to which the Rent and Mortgage Interest Restrictions Acts applied by virtue of the Crown Lessees (Protection of Sub-Tenants) Act 1952, for any reference in paragraph 2 above to 1st September 1939 there shall be substituted a reference to 8th February 1952.

4

In relation to a mortgage to which paragraph 2 above applies but which became a mortgage to which the Rent and Mortgage Interest Restrictions Acts applied by virtue of section 33 of the Housing Repairs and Rents Act 1954, for any reference in paragraph 2 above to 1st September 1939 there shall be substituted a reference to the following date:—

• (a) 11th November 1953, if on that date the dwelling-house which is the subject of the mortgage was let under a tenancy to which the Rent and Mortgage Interest Restrictions Acts applied as from the commencement of the said Act of 1954 ; and

• (b) in any other case, the date between 11th November 1953 and the commencement of that Act (30th August 1954) on which it was first so let.

5

In paragraphs 3 and 4 above " the Rent and Mortgage Interest Restrictions Acts" means the Rent and Mortgage Interest Restrictions Acts 1920 to 1933, as modified by Schedule 1 to the Rent and Mortgage Interest Restrictions Act 1939.

PART II — Restrictions on Enforcement of Security

6

• (1) Subject to this Part of this Schedule, a mortgagee under a controlled mortgage shall not be entitled to call in his mortgage or to take any steps for exercising any right of foreclosure or sale, or for otherwise enforcing his security or for recovering the principal money thereby secured if and so long as—

• (a) interest at the rate permitted under this Schedule is paid and is not more than 21 days in arrears ; and

• (b) the mortgagor's covenants are performed and observed (but for this purpose the convenant for the repayment of the principal money secured shall be disregarded); and

• (c) the mortgagor keeps the property in a proper state of repair; and

• (d) the mortgagor pays all interest and instalments of principal recoverable under any prior incumbrance.

• (2) Nothing in this paragraph affects any power of sale exercisable by a mortgagee who,—

• (a) in the case of a mortgage falling within paragraph 1 above, was in possession on 25th March 1920; or

• (b) in the case of a mortgage falling within paragraph 2 above, was in possession on 1st September 1939 or whichever other date is relevant for the purposes of sub-paragraph (2) of that paragraph, having regard to paragraphs 3 and 4 above.

7

• (1) Paragraph 6 above does not apply to a mortgage where the principal money secured thereby is repayable by means of periodical instalments extending over a term of not less than 10 years from the creation of the mortgage.

• (2) Paragraph 6 above does not apply in any case where the mortgagor consents to the exercise by the mortgagee of the powers conferred by the mortgage.

8

• (1) If a controlled mortgage is a mortgage of a leasehold interest and the mortgagee satisfies the county court that his security is seriously diminishing in value or is otherwise in jeopardy, and for that reason it is reasonable that the mortgage should be called in and enforced, the court may by order authorise him to call in and enforce the same, and thereupon paragraph 6 above shall not apply to the mortgage.

• (2) Any order under sub-paragraph (1) above may be made subject to a condition that it shall not take effect if the mortgagor, within such time as the court directs, pays to the mortgagee such portion of the principal sum secured as appears to the court to correspond to the diminution of the security.

SCHEDULE 20

Steps mentioned in certain notices under the Fire Precautions Act 1971 to count as improvements for certain purposes of this Act

1

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

2

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

Cases where rent is increased by virtue of section 28(3)(b) of the Act of 1971

3

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

4

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

Interpretation

5

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

SCHEDULE 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

• (1) This paragraph applies, subject to sub-paragraph (9) and to paragraph 2 below, where a condition to which section 145 of this Act applies (a " section 145 condition ")—

• (a) was imposed before 8th December 1965, and

• (b) limits the rent under a tenancy which is not a controlled tenancy.

• (2) Any section 145 condition shall limit, or as the case may be shall have effect as if it limited, the rent to the amount which would be the rent limit if the tenancy were a controlled tenancy.

• (3) In ascertaining that amount, in a case where a dwelling-house was produced by the conversion of any premises and the conversion resulted in a change in the valuation list after 7th November 1956, any entry in that list before the change shall be disregarded.

• (4) The provisions of Part II of this Act enabling rents to be increased and the provisions of that Part and of section 141(1) of this Act conferring jurisdiction on the county court shall apply in relation to the tenancy as they apply in relation to a controlled tenancy.

• (5) In sub-paragraph (2) above "the rent limit" has the same meaning as in Part II of this Act except that if any section 145 condition was imposed before 6th July 1957 and then limited the rent to an amount exceeding what would be the rent limit if ascertained under section 27(1) and (2) of this Act, the rent limit shall be that amount, subject however to section 27(3).

• (6) Notwithstanding anything in section 32(3) of this Act, for the purposes of section 32 as applied by sub-paragraph (4) above, a reference to any tenant of the dwelling shall be substituted in section 32(3) for the reference to a tenant under a controlled tenancy and the appropriate percentage shall be 12£ per cent in relation to the rent under any tenancy created by a lease or agreement coming into operation after the time when the improvement is begun.

• (7) For the purposes of sub-paragraph (6) above, where a person to whom a tenancy was granted was, immediately before the granting, the tenant under another tenancy and the premises comprised in one of the tenancies are the same as, or consist of or include part of, the premises comprised in the other, the two tenancies shall be treated as together constituting one tenancy created by the lease or agreement which created the first of the two tenancies.

• (8) Nothing in this paragraph shall be construed as applying the provisions of Part II of Schedule 6 to this Act to a tenancy which is not a controlled tenancy.

2

• (1) This paragraph applies where a section 145 condition limits the rent under a tenancy which is neither a regulated nor a controlled tenancy and either—

• (a) the interest of the landlord belongs to a housing trust, as mentioned in section 15(2)(b) of this Act; or

• (b) that interest belongs to a housing association, as mentioned in section 15(1) of this Act, and one of the conditions specified in section 15(4) is fulfilled.

• (2) Where this paragraph applies, sub-paragraphs (2) to (8) of paragraph 1 above shall not have effect in relation to the condition in question.

• (3) In a case where this paragraph applies, the condition shall limit or, as the case may be, shall have effect as if it limited the rent to such amount as may from time to time be or have been agreed between the housing trust or association and the local authority or as may, in default of agreement, be or have been determined by the Secretary of State ; but if the condition was imposed before 6th July 1957 it shall, until the said amount has been so agreed or determined, have effect as if this Act had not been passed.

3

• (1) Subject to sub-paragraph (2) below, in paragraph 2 above " local authority ", in relation to any premises, means the council of the county borough, London borough or district in which the premises are situated or, if they are situated in the City of London, the Common Council of the City of London.

• (2) In the case of houses the construction of which was promoted either by the London County Council or by the Greater London Council or in respect of which improvement grants were made by either of those councils under the Housing (Financial Provisions) Act 1958, the reference in sub-paragraph (1) above to the local authority shall be construed as a reference to the Greater London Council.

SCHEDULE 22

Dwelling-houses controlled before 1939

1

If, in relation to a dwelling-house which immediately before 8th June 1968 was let on or subject to a controlled tenancy within the meaning of the Rent Act 1957, the relevant enactment in force at that time for the purpose of determining whether any land or premises let together with such a dwelling-house was to be treated as part of the dwelling-house was proviso (iii) to section 12(2) of the Act of 1920 (and not section 3(3) of the Act of 1939), then, in relation to that controlled tenancy, for section 26 of this Act there shall be substituted the following section:—

(26) For the purposes of this Act, any land or premises let together with a dwelling-house shall, if the original rateable value of the land or premises let separately would be less than one-quarter of the original rateable value of the dwelling-house, be treated as part of the dwelling-house ; and for the purpose of this subsection "the original rateable value" means the value which, before 8th June 1968, was the rateable value for the purposes of the Increase of Rent and Mortgage Interest (Restrictions) Act 1920

.

2

If, immediately before 8th June 1968, a dwelling-house was let on or subject to a controlled tenancy within the meaning of the Rent Act 1957 and, for the purpose of determining that the controlled tenancy was not excluded from the Act of 1920 by virtue of section 12(7) of that Act (tenancies at less than two-thirds of rateable value), the expression " rateable value " fell to be construed in accordance with paragraph (e) of section 12(1) of the Act of 1920 as originally enacted (and not in accordance with the substituted paragraph set out in Schedule 1 to the Act of 1939) then, in relation to that controlled tenancy, for paragraph (a) of section 17(2) of this Act there shall be substituted the following paragraph:—

(a) the rent payable under the tenancy is not less than two-thirds of the value which, before the commencement of this Act, was the rateable value of the dwelling-house for the purposes of the Increase of Rent and Mortgage Interest (Restrictions) Act 1920.

3

In this Schedule "the Act of 1920" means the Increase of Rent and Mortgage Interest (Restrictions) Act 1920 and " the Act of 1939 " means the Rent and Mortgage Interest Restrictions Act 1939.

Controlled tenancies of dwelling-houses over 1965 limits of rateable value

4

If the rateable value of a dwelling-house on 23rd March 1965 exceeded £400, if it is in Greater London or £200, if it is elsewhere but the rateable value (determined in accordance with paragraph 1 of Schedule 3 to this Act) of that dwelling-house on 7th November 1956 did not exceed £40, if it was in the metropolitan police district or the City of London or £30, if it was elsewhere, then no account shall be taken of section 4 of this Act in determining whether the dwelling-house is let on or subject to a controlled tenancy.

SCHEDULE 23

Landlord and Tenant Act 1927 (c. 36)

1

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

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

2

In section 4(2) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

• (a) for the words from “to which” to “Acts apply” substitute “ let on or subject to a protected tenancy or statutory tenancy within the meaning of the Rent Act 1977 ”; and

• (b) for the words from “paragraph (a)” to “1933” substitute “ Case 1 in Schedule 15 to the Rent Act 1977 ”.

3

In section 15 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

• (a) in subsection (1), for “section 70(1) of the Rent Act 1968”, “section 78 of the Rent Act 1968” and “said section 78” substitute respectively “ section 19(2) of the Rent Act 1977 ”“section 104 of the Rent Act 1977” and “said section 104”;

• (b) in subsection (2)(c), for the words from “to which” to “Acts apply” substitute “ let on or subject to a protected tenancy or statutory tenancy within the meaning of the Rent Act 1977 ”;