SCHEDULES

SCHEDULE 11E+W Applications for Registration of Rent

Part I E+W Application Unsupported by Certificate of Fair Rent

Determination of fair rent by rent assessment committeeE+W

7(1)[F1A rent assessment committee] to whom a matter is referred under paragraph 6 above—E+W

(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 [F27 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.

8E+WWhere, 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.

[F38A.E+WA rent assessment committee shall make such inquiry, if any, as they think fit and consider any information supplied or representation made to them in pursuance of paragraph 7 or paragraph 8 above.]

Outcome of determination of fair rent by appropriate tribunalE+W

[F49.(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.]

Interim registration of rentE+W

[F59AIn this Schedule references to a fair rent in relation to an application under section 67A of this Act are references to the amount to be registered under section 70A(1)(b) of this Act.]