SCHEDULES

Sections 2 and 3.

SCHEDULE 1Statutory Tenancies

PART IStatutory Tenants by Succession

1Paragraph 2 or, as the case may be, paragraph 3 below shall have effect, subject to section 2(3) of this Act, for the purpose of determining who is the statutory tenant of a dwelling-house by succession after the death of the person (in this Part of this Schedule referred to as " the original tenant") who, immediately before his death, was a protected tenant of the dwelling-house or the statutory tenant of it by virtue of his previous protected tenancy.

2If the original tenant was a man who died leaving a widow who was residing with him at his death then, after his death, the widow shall be the statutory tenant if and so long as she occupies the dwelling-house as her residence.

3Where paragraph 2 above does not apply, but a person who was a member of the original tenant's family was residing with him at the time of and for the period of 6 months immediately before his death then, after his death, that person or if there is more than one such person such one of them as may be decided by agreement, or in default of agreement by the county court, shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence.

4A person who becomes the statutory tenant of a dwelling-house by virtue of paragraph 2 or 3 above is in this Part of this Schedule referred to as " the first successor ".

5If, immediately before his death, the first successor was still a statutory tenant, paragraph 6 or, as the case may be, paragraph 7 below shall have effect, subject to section 2(3) of this Act, for the purpose of determining who is the statutory tenant after the death of the first successor.

6If the first successor was a man who died leaving a widow who was residing with him at his death then, after his death, the widow shall be the statutory tenant if and so long as she occupies the dwelling-house as her residence.

7Where paragraph 6 above does not apply but a person who was a member of the first successor's family was residing with him at the time of and for the period of 6 months immediately before his death then, after his death, that person or if there is more than one such person such one of them as may be decided by agreement, or in default of agreement by the county court, shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence.

8(1)A person shall not become a statutory tenant by virtue of paragraph 6 or 7 above in any case where, immediately before the death of the first successor, his statutory tenancy was a controlled tenancy and, apart from section 24(2) of this Act, Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 would have applied to that statutory tenancy, had it been a tenancy within the meaning of that Act.

(2)In a case falling within sub-paragraph (1) above, the person who, if paragraph 6 or, as the case may be, paragraph 7 above had applied, would have become the statutory tenant shall, instead, be treated for the purposes of the Landlord and Tenant Act 1954 as the tenant under a tenancy continuing by virtue of section 24 of that Act after the expiry of a term of years certain.

9Paragraphs 5 to 8 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 4 of the [1955 c. 24.] Requisitioned Houses and Housing (Amendment) Act 1955 or section 20 of the [1965 c. 75.] Rent Act 1965.

10(1)Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, " the original tenant" and " the first successor" in this Part of this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly—

(a)if the successor was the first successor, and, immediately before his death he was still the tenant (whether protected or statutory), paragraphs 6 and 7 above shall apply on his death,

(b)if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Part of this Schedule.

(2)Sub-paragraph (1) above applies—

(a)even if a successor enters into more than one other tenancy of the dwelling-house, and

(b)even if both the first successor and the successor on his death enter into other tenancies of the dwelling-house.

(3)In this paragraph " succession " means the occasion on which a person becomes the statutory tenant of a dwelling-house by virtue of this Part of this Schedule and " successor" shall be construed accordingly.

(4)This paragraph shall apply as respects a succession which took place before 27th August 1972 if, and only if, the tenancy granted after the succession, or the first of those tenancies, was granted on or after that date, and where it does not apply as respects a succession, no account should be taken of that succession in applying this paragraph as respects any later succession.

11(1)Paragraphs 5 to 8 above do not apply where—

(a)the tenancy of the original tenant was granted on or after the operative date within the meaning of the [1976 c. 80.] 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 IIRelinquishing 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 £100.

(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 (b) 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 £100.

(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.

Section 12(3).

SCHEDULE 2Resident Landlords

PART IProvisions for Determining Application of Section 12

1In 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 14 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 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 such dwelling-house as is referred to in that paragraph, 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 12 months beginning with the date on which the interest of the landlord under the tenancy becomes, and during which it remains, vested—

(i)in the personal representatives of a deceased person acting in that capacity ; or

(ii)in trustees as such ; or

(iii)by virtue of section 9 of the [1925 c. 23.] Administration of Estates Act 1925, in the Probate Judge, within the meaning of that Act.

2During any period when—

(a)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 or, if it is held on trust for sale, the proceeds of its sale are held on trust for any person who occupies as his residence a dwelling-house which forms part of the building 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.

3Throughout 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.

4For 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.

5For 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

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)The reference in section 69(1)(b) of this Act to a rent being registered for a dwelling-house does not include a rent which is deemed to be registered as mentioned in sub-paragraph (1) above.

(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.

7If, 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.

Section 17.

SCHEDULE 3Controlled Tenancies

PART I1956 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.

2Subject 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.

3Where 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).

4Where—

(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 [1957 c. 25.] 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).

5If 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 II1939 Rateable Values

6This 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.

7If, 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.

8If, 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.

9In 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.

10Where, 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.

Section 27.

SCHEDULE 41956 Gross Value

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.

2Where 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.

3If, 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 [1953 c. 42.] 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 [1925 c. 90.] Rating and Valuation Act 1925.

6Where 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 [1957 c. 25.] 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).

7If, 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.

8In this Schedule the expression " valuation list" does not include any new valuation list which came into force at any time after July 1957.

Section 27.

SCHEDULE 5Calculation of Amount of Rates

1For 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.

2In 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.

3The 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.

5If, 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.

6In 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.

Section 27.

SCHEDULE 6Adjustment of Rent in Respect of Repairs

PART IAdjustment 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 IIAbatement for Disrepair

Notification of disrepair to landlord

3This 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

9In 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

10This 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.

13In 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.

14The 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.

Section 44(4).

SCHEDULE 7Rent Limit for certain Tenancies first regulated by virtue of the Counter-Inflation Act 1973

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 [1973 c. 9.] Counter-Inflation Act 1973 (which brought certain tenancies of dwelling-houses with high rateable values within the protection of the [1968 c. 23.] 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 [S.I. 1972/1851.] 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

4Section 48 of this Act shall not apply to a tenancy to which paragraph 1 above applies.

Section 55.

SCHEDULE 8Phasing of Rent Increases: General Provisions

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 [1973 c. 9.] 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.

(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

5Where 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

6The 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.

7In 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.

9This Schedule is subject to paragraph 3 of Schedule 20 to this Act.

10Where 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.

Sections 56, 114.

SCHEDULE 9Phasing of Rent Increases: Converted Tenancies and Improvements

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 [1969 c. 33.] Housing Act 1969 or Part III of the [1972 c. 47.] 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 [1974 c. 44.] 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.

2The 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.

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 [1968 c. 23.] Rent Act 1968 or section 37(3) of the [1972 c. 47.] 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 [1969 c. 33.] Housing Act 1969 or Part VII of the [1974 c. 44.] 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

6Where 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

7In 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.

9This Schedule is subject to paragraph 3 of Schedule 20 to this Act.

Improvement works begun before 1972 to be disregarded for certain purposes

10For 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.

Section 65.

SCHEDULE 10Rent Assessment Committees

1The Secretary of State shall draw up and from time to time revise panels of persons to act as chairmen and other members of rent assessment committees for such areas, comprising together every registration area, as the Secretary of State may from time to time determine.

2Each panel shall consist of a number of persons appointed by the Lord Chancellor and a number of persons appointed by the Secretary of State and, if the Secretory of State thinks fit, a number of persons appointed by him to act only in cases of absence or incapacity of other members of the panel.

3The Secretary of State 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.

4Subject to this Schedule, the number of rent assessment committees to act for an area and the constitution of those committees shall be determined by the president of the panel formed for that area 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.

5Subject to paragraph 6 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.

6The 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.

7There shall be paid to members of panels such remuneration and allowances as the Secretary of State, with the consent of the Minister for the Civil Service, may determine.

8The President of the panel may appoint, with the approval of the Secretary of State 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 Secretary of State, with the consent of the Minister for the Civil Service, may determine.

9There shall be paid out of moneys provided by Parliament—

(a)the remuneration and allowances of members of panels;

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

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

10Any reference to remuneration, salaries or allowances in this Schedule includes a reference to remuneration or, as the case may be, salaries or allowances, in respect of functions conferred by regulations under paragraph 15 of Schedule 1 to the [1975 c. 6.] Housing Rents and Subsidies Act 1975 ; and the reference to expenses in paragraph 9(c) above includes a reference to expenses incurred in the discharge of such functions.

Section 67.

SCHEDULE 11Applications for Registration of Rent

PART IApplication Unsupported by Certificate of Fair Rent

Procedure on application to rent officer

1On 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.

2Where the application is made by the landlord alone, the rent officer shall serve on the tenant, and where it is made by the tenant alone he shall serve on the landlord, a notice 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 application.

3(1)Where—

(a)the application is made jointly by the landlord and the tenant, or

(b)no representations are made as mentioned in paragraph 2 above ;

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 1 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.

4(1)Where representations are made as mentioned in paragraph 2 above or the rent officer is not satisfied that the rent specified in the application is a fair rent or, as the case may be, that the rent for the time being registered is no longer a fair rent, he 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) 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 mat behalf, whether or not that person is of counsel or a solicitor.

5After 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 ;

and shall notify the landlord and the tenant accordingly by a notice stating that if, within 28 days of the service of the notice or such longer period as he 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.

6(1)If such an objection as is mentioned in paragraph 5 above is received, then—

(a)if it is received within the period of 28 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 received 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.

(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)The 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 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.

(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.

8Where, 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 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 and—

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

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

(2)Where the committee confirm or determine a rent under this paragraph they shall notify the landlord, the tenant and the rent officer accordingly.

(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 committee as the rent for the dwelling-house.

PART IIApplication 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.

11If 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

13Where 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.

14Where 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 IIIApplication Supported by Certificate of Fair Rent issued by Virtue of Part VIII

General

15If—

(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.

17If—

(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

18Where 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.

19Where 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

23The 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.

24Where, 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.

Section 69(3).

SCHEDULE 12Certificates of Fair Rent

1An 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.

3If, 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.

5After 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.

Section 76.

SCHEDULE 13Rent Tribunals

1A 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 [1971 c. 62.] 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.

4The 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.

6There 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.

Section 92.

SCHEDULE 14Conversion of Housing Association Tenancies into Regulated Tenancies

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 [1968 c. 23.] 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 [1968 c. 23.] 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 sub-paragraphs (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 of 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 III 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 [1968 c. 23.] 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 relevant 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(1)This paragraph applies where—

(a)a tenancy of a dwelling-house 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 is imposed by virtue of paragraph 1 above; and

(b)immediately before the tenancy became a protected tenancy or, as the case may require, immediately before the tenancy referred to in paragraph 1(1) above came to an end, section 84 of the 1972 Act or section 89 of this Act applied to the rent of the dwelling-house let on that tenancy.

(2)In this paragraph " the regulated tenancy " means the regulated tenancy consisting of the protected or statutory tenancy referred to in sub-paragraph (1)(a) 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.

(3)Subject to the following provisions of this paragraph, section 89 of this Act shall apply to the rent of a dwelling-house subject to the regulated tenancy.

(4)Section 89 of this Act shall cease to apply by virtue of this paragraph to the rent of a dwelling-house—

(a)on the date on which a rent is registered for the dwelling-house under Part IV of this Act; or

(b)on the date on which a new regulated tenancy of the dwelling-house is granted to a person who is neither the tenant under the regulated tenancy nor a person who might succeed him as a statutory tenant.

(5)If and so long as, by virtue of this paragraph, subsection (2) of section 89 of this Act imposes for any rental period of a tenancy or statutory tenancy a rent limit below the rent registered for the dwelling-house as mentioned in subsection (1) of that section,—

(a)the contractual rent limit shall be the rent limit so imposed and not the registered rent (as provided by section 44(1) of this Act) and section 93 of this Act shall apply in relation to the tenancy as if it were one to which Part VI of this Act applied; and

(b)a notice of increase under section 45(2)(b) of this Act may not increase the rent for any statutory period above the rent limit so imposed, and any such notice which purports to increase it further shall have effect to increase it to that limit but no further.

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.

6In the application of section 48 of this Act in relation to a statutory tenancy arising on the termination of 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 and a statutory tenancy imposed by virtue of paragraph 1 above, for the reference to 7th December 1965 (the date after which the improvement must be completed) there shall be substituted a reference to 1st April 1975.

7In 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 occurring or an improvement carried out before the tenancy became a regulated tenancy or, as the case may be, before the statutory tenancy was imposed.

8In this Schedule " the 1972 Act" means the [1972 c. 47.] Housing Finance Act 1972 and " the 1974 Act" means the [1974 c. 44.] Housing Act 1974.

Section 98.

SCHEDULE 15Grounds for Possession of Dwelling-Houses Let on or Subject to Protected or Statutory Tenancies

PART ICases in Which Court May Order Possession

• Case 1

  Where any rent lawfully due from the tenant has not been paid, or any obligation of the protected or statutory tenancy which arises under this Act, or—

  (a)

  in the case of a protected tenancy, any other obligation of the tenancy, in so far as is consistent with the provisions of Part VII of this Act, or

  (b)

  in the case of a statutory tenancy, any other obligation of the previous protected tenancy which is applicable to the statutory tenancy,

  has been broken or not performed.

• Case 2

  Where the tenant or any person residing or lodging with him or any sub-tenant of his has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the dwelling-house or allowing the dwelling-house to be used for immoral or illegal purposes.

• Case 3

  Where the condition of the dwelling-house has, in the opinion of the court, deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any person residing or lodging with him or any sub-tenant of his and, in the case of any act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, where the court is satisfied that the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant, as the case may be.

• Case 4

  Where the condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any person residing or lodging with him or any sub-tenant of his and, in the case of any ill-treatment by a person lodging with the tenant or a sub-tenant of his, where the court is satisfied that the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant, as the case may be.

• Case 5

  Where the tenant has given notice to quit and, in consequence of that notice, the landlord has contracted to sell or let the dwelling-house or has taken any other steps as the result of which he would, in the opinion of the court, be seriously prejudiced ii he could not obtain possession.

• Case 6

  Where, without the consent of the landlord, the tenant has, at any time after—

  (a)

  1st September 1939, in the case of a controlled tenancy;

  (b)

  22nd March 1973, in the case of a tenancy which became a regulated tenancy by virtue of section 14 of the [1973 c. 9.] Counter-Inflation Act 1973 ;

  (c)

  14th August 1974, in the case of a regulated furnished tenancy; or

  (d)

  8th December 1965, in the case of any other tenancy,

  assigned or sublet the whole of the dwelling-house or sublet part of the dwelling-house, the remainder being already sublet.

• Case 7

  Where the tenancy is a controlled tenancy and the dwelling-house consists of or includes premises licensed for the sale of intoxicating liquor for consumption off the premises only, and—

  (a)

  the tenant has committed an offence as holder of the licence, or

  (b)

  the tenant has not conducted the business to the satisfaction of the licensing justices or the police authority, or

  (c)

  the tenant has carried on the business in a manner detrimental to the public interest, or

  (d)

  the renewal of the licence has for any reason been refused.

• Case 8

  Where the dwelling-house is reasonably required by the landlord for occupation as a residence for some person engaged in his whole-time employment, or in the whole-time employment of some tenant from him or with whom, conditional on housing being provided, a contract for such employment has been entered into, and the tenant was in the employment of the landlord or a former landlord, and the dwelling-house was let to him in consequence of that employment and he has ceased to be in that employment.

• Case 9

  Where the dwelling-house is reasonably required by the landlord for occupation as a residence for—

  (a)

  himself, or

  (b)

  any son or daughter of his over 18 years of age, or

  (c)

  his father or mother, or

  (d)

  if the dwelling-house is let on or subject to a regulated tenancy, the father or mother of his wife or husband,

  and the landlord did not become landlord by purchasing the dwelling-house or any interest therein after—

  (i)

  7th November 1956, in the case of a controlled tenancy;

  (ii)

  8th March 1973, in the case of a tenancy which became a regulated tenancy by virtue of section 14 of the [1973 c. 9.] Counter-Inflation Act 1973;

  (iii)

  24th May 1974, in the case of a regulated furnished tenancy; or

  (iv)

  23rd March 1965, in the case of any other tenancy.

• Case 10

  Where the court is satisfied that the rent charged by the tenant—

  (a)

  for any sublet part of the dwelling-house which is a dwelling-house let on a protected tenancy or subject to a statutory tenancy is or was in excess of the maximum rent for the time being recoverable for that part, having regard to Part II or, as the case may be Part III of this Act, or

  (b)

  for any sublet part of the dwelling-house which is subject to a restricted contract is or was in excess of the maximum (if any) which it is lawful for the lessor, within the meaning of Part V of this Act to require or receive having regard to the provisions of that Part.

PART IICases in Which Court Must Order Possession Where dwelling-house subject to regulated tenancy

• Case 11

  Where a person who occupied the dwelling-house as his residence (in this Case referred to as " the owner-occupier ") let it on a regulated tenancy and—

  (a)

  not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case, and

  (b)

  the dwelling-house has not, since—

  (i)

  22nd March 1973, in the case of a tenancy which became a regulated tenancy by virtue of section 14 of the [1973 c. 9.] Counter-Inflation Act 1973 ;

  (ii)

  14th August 1974, in the case of a regulated furnished tenancy; or

  (iii)

  8th December 1965, in the case of any other tenancy,

  been let by the owner-occupier on a protected tenancy with respect to which the condition mentioned in paragraph (a) above was not satisfied, and

  (c)

  the court is satisfied that the dwelling-house is required as a residence for the owner-occupier or any member of his family who resided with the owner-occupier when he last occupied the dwelling-house as a residence.

  If the court is of the opinion that, notwithstanding that the condition in paragraph (a) or (b) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs, as the case may require.

  The giving of a notice before 14th August 1974 under section 79 of the [1968 c. 23.] Rent Act 1968 shall be treated, in the case of a regulated furnished tenancy, as compliance with paragraph (a) of this case.

• Case 12

  Where a person (in this Case referred to as "the owner") who acquired the dwelling-house or any interest therein with a view to occupying it as his residence at such time as he might retire from regular employment let it on a regulated tenancy before he has so retired and—

  (a)

  not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case; and

  (b)

  the dwelling-house has not, since 14th August 1974, been let by the owner on a protected tenancy with respect to which the condition mentioned in paragraph (a) above was not satisfied; and

  (c)

  the court is satisfied either that the owner has retired from regular employment and requires the dwelling-house as a residence or that the owner has died and the dwelling-house is required as a residence for a member of his family who was residing with him at the time of his death.

  If the court is of the opinion that, notwithstanding that the condition in paragraph (a) or (b) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs, as the case may require.

• Case 13

  Where the dwelling-house is let under a tenancy for a term of years certain not exceeding 8 months and—

  (a)

  not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case ; and

  (b)

  the dwelling-house was, at some time within the period of 12 months ending on the relevant date, occupied under a right to occupy it for a holiday.

  For the purposes of this Case a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term.

• Case 14

  Where the dwelling-house is let under a tenancy for a term of years certain not exceeding 12 months and—

  (a)

  not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case ; and

  (b)

  at some time within the period of 12 months ending on the relevant date, the dwelling-house was subject to such a tenancy as is referred to in section 8(1) of this Act.

  For the purposes of this Case a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term.

• Case 15

  Where the dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—

  (a)

  not later than the relevant date the tenant was given notice in writing that possession might be recovered under this Case, and

  (b)

  the court is satisfied that the dwelling-house is required for occupation by a minister of religion as such a residence.

• Case 16

  Where the dwelling-house was at any time occupied by a person under the terms of his employment as a person employed in agriculture, and

  (a)

  the tenant neither is nor at any time was so employed by the landlord and is not the widow of a person who was so employed, and

  (b)

  not later than the relevant date, the tenant was given notice in writing that possession might be recovered under this Case, and

  (c)

  the court is satisfied that the dwelling-house is required for occupation by a person employed, or to be employed, by the landlord in agriculture.

  For the purposes of this Case " employed", " employment" and " agriculture " have the same meanings as in the [1948 c. 47.] Agricultural Wages Act 1948.

• Case 17

  Where proposals for amalgamation, approved for the purposes of a scheme under section 26 of the [1967 c. 22.] Agriculture Act 1967, have been carried out and, at the time when the proposals were submitted, the dwelling-house was occupied by a person responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the land comprised in the amalgamation and

  (a)

  after the carrying out of the proposals, the dwelling-house was let on a regulated tenancy otherwise than to, or to the widow of, either a person ceasing to be so responsible as part of the amalgamation or a person who is, or at any time was, employed by the landlord in agriculture, and

  (b)

  not later than the relevant date the tenant was given notice in writing that possession might be recovered under this Case, and

  (c)

  the court is satisfied that the dwelling-house is required for occupation by a person employed, or to be employed, by the landlord in agriculture, and

  (d)

  the proceedings for possession are commenced by the landlord at any time during the period of 5 years beginning with the date on which the proposals for the amalgamation were approved or, if occupation of the dwelling-house after the amalgamation continued in, or was first taken by, a person ceasing to be responsible as mentioned in paragraph (a) above or his widow, during a period expiring 3 years after the date on which the dwelling-house next became unoccupied.

  For the purposes of this Case "employed" and "agriculture" have the same meanings as in the [1948 c. 47.] Agricultural Wages Act 1948 and " amalgamation " has the same meaning as in Part II of the [1967 c. 22.] Agriculture Act 1967.

• Case 18

  Where—

  (a)

  the last occupier of the dwelling-house before the relevant date was a person, or the widow of a person, who was at some time during his occupation responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of land which formed, together with the dwelling-house, an agricultural unit within the meaning of the [1947 c. 48.] Agriculture Act 1947, and

  (b)

  the tenant is neither—

  (i)

  a person, or the widow of a person, who is or has at any time been responsible for the control of the farming of any part of the said land, nor

  (ii)

  a person, or the widow of a person, who is or at any time was employed by the landlord in agriculture, and

  (c)

  the creation of the tenancy was not preceded by the carrying out in connection with any of the said land of an amalgamation approved for the purposes of a scheme under section 26 of the Agriculture Act 1967, and

  (d)

  not later than the relevant date the tenant was given notice in writing that possession might be recovered under this Case, and

  (e)

  the court is satisfied that the dwelling-house is required for occupation either by a person responsible or to be responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the said land or by a person employed or to be employed by the landlord in agriculture, and

  (f)

  in a case where the relevant date was before 9th August 1972, the proceedings for possession are commenced by the landlord before the expiry of 5 years from the date on which the occupier referred to in paragraph (a) above went out of occupation.

  For the purposes of this Case " employed" and " agriculture" have the same meanings as in the [1948 c. 47.] Agricultural Wages Act 1948 and "amalgamation" has the same meaning as in Part II of the [1967 c. 22.] Agriculture Act 1967.

PART IIIProvisions Applicable to Case 9 And Part II of This Schedule

Provision for Case 9

1A 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

2Any 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 [1973 c. 9.] 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 IVSuitable Alternative Accommodation

3For the purposes of section 98(1)(a) of this Act, a certificate of the housing authority for die 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.

4Where no such certificate as is mentioned in paragraph 1 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, 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,

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

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 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 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.

6Accommodation 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 [1957 c. 56.] Housing Act 1957.

7Any document purporting to be a certificate of a 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.

8In this Schedule " housing authority " means a council which is a local authority for the purpose of Part V of the [1957 c. 56.] Housing Act 1957, and "district", in relation to such an authority, means the district for supplying the needs of which the authority has power under that Part of that Act.

Section 99.

SCHEDULE 16Further Grounds for Possession of Dwelling-Houses let on or subject to Tenancies to which Section 99 applies

CASE IAlternative accommodation not provided or arranged by housing authority

1The 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.

2Accommodation 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.

4Accommodation 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 [1957 c. 56.] Housing Act 1957.

5Any document purporting to be a certificate of the housing authority concerned 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.

6In 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.

7In this Case and in Case II below " the housing authority concerned " means—

(a)where the dwelling-house of which vacant possession is required is in a London borough, the council of that borough or the Greater London Council if they have agreed with them to discharge their functions under the [1976 c. 80.] Rent (Agriculture) Act 1976 ;

(b)in the Isles of Scilly, the Council of those Isles ;

(c)in any other area, the local authority having functions under Part V of the Housing Act 1957 in relation to that area.

CASE IIAlternative accommodation provided or arranged by housing authority

1The 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.

OR

The housing authority concerned have given notice in writing to the tenant that they have received from a person specified in the notice an offer in writing to rehouse the tenant in alternative accommodation which appears to the housing authority concerned to be suitable, and the notice specifies both the date when the accommodation will be available and the date (not being less than 14 days from the date when the notice was given to the tenant) by which the offer must be accepted.

2The landlord shows that the tenant accepted the offer (by the housing authority or other person) within the time duly specified in the offer.

OR

The landlord shows that the tenant did not so accept the offer, and the tenant does not satisfy the court that he acted reasonably in failing to accept 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.

4If 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.

Sections 18(5), 115.

SCHEDULE 17Converted Tenancies : Modification of Act

1In this Schedule—

• " converted tenancy " means a tenancy which has become a regulated tenancy by virtue of—

  (a)

  section 18(3) of this Act or paragraph 5 of Schedule 2 to the [1968 c. 23.] Rent Act 1968 ; or

  (b)

  Part VIII of this Act or Part III of the [1972 c. 47.] Housing Finance Act 1972.

" the conversion " means the time when the tenancy became a regulated tenancy.

2In 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.

3Section 48(1) of this Act shall not apply to any improvement completed before the conversion, but if the rent recoverable for the last rental period beginning before the conversion was less than it would have been if all notices of increase authorised by virtue of section 32 of this Act (or, as the case may be, section 56 of the [1968 c. 23.] Rent Act 1968) had been served, the rent recoverable under section 45(1) of this Act, as modified by paragraph 2 above, shall be increased by the amount of that difference.

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.

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

6Section 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.

7The enactments mentioned in paragraph 1 above shall not 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.

8Any 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.

9Any 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.

10No certificate of disrepair shall be issued or cancelled by the local authority after the time of the conversion.

11Subject 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.

Sections 120(5), 121, 127(1).

SCHEDULE 18Allowable Premiums

PART IPremium 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.

2In 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.

4Where 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 IIPremium Allowed under Sections 121 and 127

6Where 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

(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.

8Where 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.

9For 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.

10In 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.

11In this Part of this Schedule " grant" includes continuance and renewal.

Section 133.

SCHEDULE 19Controlled Mortgages

PART IRestrictions 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 [1968 c. 23.] 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 [1968 c. 23.] 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.

3In 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 [1952 c. 40.] 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.

4In 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 [1954 c. 53.] 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.

5In 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 [1939 c. 71.] Rent and Mortgage Interest Restrictions Act 1939.

PART IIRestrictions 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.

Section 140.

SCHEDULE 20Modification of Act in Relation to Fire Precautions

Steps mentioned in certain notices under the [1971 c. 40.] Fire Precautions Act 1971 to count as improvements for certain purposes of this Act

1(1)This paragraph applies where a dwelling which is the subject of a regulated or controlled tenancy consists of or is comprised in premises with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling as a dwelling.

(2)The amount of any expenditure incurred by the landlord in taking, in relation to the relevant building, a step mentioned in a fire precaution notice served in connection with the premises, shall for the purposes of this Act be treated (whether or not apart from this paragraph it would be so treated) as expenditure incurred by the landlord on an improvement effected in the dwelling.

(3)If from the taking, in relation to the relevant building, of any such step as is referred to in sub-paragraph (2) above, there accrues benefit not only to the dwelling but also to other premises of the landlord comprised in the relevant building, the amount to be treated as mentioned in that sub-paragraph shall be so much only of the expenditure as may be determined, by agreement in writing between the landlord and the tenant or by the county court, to be properly apportionable to the dwelling, having regard to the benefit accruing, from the taking of the step, to the dwelling and the other premises.

(4)Any apportionment made by the county court under sub-paragraph (3) above shall be final.

(5)For the purposes of this paragraph, the amount of any expenditure shall be treated as diminished by the amount of any grant paid in respect of that expenditure under any enactment.

(6)Any such step as is referred to in sub-paragraph (2) above shall, for the purpose of sections 35 and 48(4), (6) of this Act be treated (whether or not apart from this paragraph it would be so treated) as an improvement.

(7)No application shall be made under section 35 or 48(4) of this Act on the ground that an improvement consisting of such a step was unnecessary.

2(1)This paragraph applies in relation to a dwelling-house consisting of or comprised in premises—

(a)with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling-house as a dwelling; or

(b)which are the subject of an application for a fire certificate specifying as a use of the premises which it is desired to have covered by the certificate a use such that, if a certificate covering that use were issued, it would cover (in whatever terms) the use of the dwelling-house as a dwelling.

(2)In a case to which this paragraph applies—

(a)section 69 of, and Schedule 12 to, this Act shall have effect as if in subsection (1)(a) of that section the reference to making improvements in the dwelling-house included a reference to taking, in relation to the relevant building, any step mentioned in a fire precaution notice served in connection with the premises ; and

(b)any step mentioned in such a notice shall for the purposes of section 69 and Schedule 12, in their application to such a dwelling-house, be treated (whether or not apart from this paragraph it would be so treated) as an improvement.

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

3(1)This paragraph applies where, in the case of any premises consisting of a dwelling-house let on a protected tenancy which is a regulated tenancy, the rent payable in respect of the premises is increased by a section 28 order.

(2)If the increase takes effect while a rent for the dwelling-house is registered under Part IV of this Act, and was so registered before the completion of the relevant alterations—

(a)the contractual rent limit for any contractual period beginning while the registration of that rent continues to have effect shall be what it would be for that period under section 44(1) of this Act if the rent so registered had been simultaneously increased by the same amount (and the reference in section 71(3)(a) of this Act to the limit imposed by section 44(1) shall be construed accordingly) ;

(b)if the regulated tenancy of the dwelling-house becomes a statutory tenancy, section 45(2) of this Act shall have effect, in relation to any statutory period of that tenancy beginning while the registration of that rent continues to have effect, as if the rent so registered had been simultaneously increased by the same amount; and

(c)Schedule 8 or, as the case may be, Schedule 9 to this Act shall have effect, in relation to any period of that tenancy (whether contractual or statutory) beginning while the registration of that rent continues to have effect, as if the amount to which the rent could be increased in accordance with that Schedule for a statutory period had been simultaneously increased by the same amount.

(3)Where the rent payable under a tenancy to which Part VI of this Act applies is increased by a section 28 order, the rent limit for the dwelling-house under Part VI (including the rent limit specified in a direction of the Secretary of State) shall be increased by an amount equal to the increase effected by the order in the rent payable for the rental period in question.

(4)If, at any time after the court order takes effect, a rent is registered for the dwelling-house (whether it is the first or any subsequent registration) sub-paragraph (2) above shall not apply to any rental period beginning after that time.

4(1)Where, in the case of any premises consisting of a dwelling let on a protected tenancy which is a controlled tenancy, the rent payable in respect of the premises is increased by a section 28 order—

(a)the rent limit under any controlled tenancy of the dwelling for any rental period beginning on or after the date on which that increase takes effect shall be increased by an amount per annum equal to the amount per annum of the increase effected by the order in the rent payable in respect of the dwelling; and

(b)the increase effected by the order in the rent payable in respect of the dwelling for any rental period shall, notwithstanding anything in section 28 of this Act, be recoverable without the service of any notice of increase.

(2)Where, in the case of any premises consisting of a dwelling let on a protected tenancy which is a controlled tenancy, the rent payable in respect of the premises is increased by a section 28 order, the rent limit shall not be increased under section 32 of this Act by reference to any expenditure taken into account by the court in making the order.

Interpretation

5In this Schedule—

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

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

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

• " fire certificate " has the meaning given in section 1(1) of the [1971 c. 40.] Fire Precautions Act 1971 ;

• " fire precautions notice " means a notice served under section 5(4), 8(4) or (5) or 12(8)(b) of the Act of 1971 ;

• " landlord " includes a superior landlord ;

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

• " relevant alterations " means the alterations or other things falling within section 28(3) of the Act of 1971 the expense of which was taken into account by the court in making a section 28 order;

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

• " section 28 order " means an order made by a court by virtue of section 28(3)(b) of the Act of 1971; and

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

Section 145.

SCHEDULE 21Rents of Subsidised Private Houses not Subject to Controlled Tenancies

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 [1958 c. 42.] 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.

Section 156.

SCHEDULE 22Modifications Applicable to Certain Existing Protected and Statutory Tenancies

Dwelling-houses controlled before 1939

1If, 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 [1957 c. 25.] 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:—

“26For 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”.

2If, 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.”

3In this Schedule "the Act of 1920" means the [1920 c. 17.] Increase of Rent and Mortgage Interest (Restrictions) Act 1920 and " the Act of 1939 " means the [1939 c. 71.] Rent and Mortgage Interest Restrictions Act 1939.

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

4If 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.

Section 156.

SCHEDULE 23Consequential Amendments

Landlord and Tenant Act 1927 (c. 36)

1In section 16 of the Landlord and Tenant Act 1927, for " Part V of the Rent Act 1968 " substitute " Part II of the Rent Act 1977 ".

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

2In 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 ".

3In 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 ";

(c)in subsections (4) and (5), for "section 78" substitute, in each case, " section 104 "; and

(d)in subsection (5), for the words from " the operation " to the end, substitute " being a restricted contract (within the meaning of the Rent Act 1977) by paragraph 17 of Schedule 24 to that Act ".

4In section 16 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)in subsection (1), for " Part II of the Rent Act 1968 " substitute " Part VII of the Rent Act 1977 ";

(b)in subsection (2)(a), for " the Rent Act 1968 " substitute " the Rent Act 1977 " and for the words from " paragraphs (a)" to " section 1 " substitute " section 4(2) ";

(c)in subsection (2)(b), for the words from " subsection " to the end substitute " section 14 or 15(2)(b) of the Rent Act 1977 ";

(d)in subsection (2)(c), for the words from " subsection (5)" to " 1968 " substitute " subsection (3) of section 15 of the Rent Act 1977 " and for " (6) " substitute " (4) ";

(e)in subsection (2)(d), for the words from " paragraph (a)" to " 1968 " substitute " section 5(1) of the Rent Act 1977 ";

(f)in subsection (2)(e), for the words from " paragraph (d) " to the end, substitute " section 10 of the Rent Act 1977 ";

(g)in subsection (4), for "Part V of the Rent Act 1968" and " section 52(1) " substitute respectively " Part II of the Rent Act 1977 " and "section 27(1)" ;

(h)in subsection (5), for " sections 54 and 55 of the Rent Act 1968 ", " section 56 " and " Schedule 9 " substitute respectively " sections 29 and 30 of the Rent Act 1977 " , " section 32 " and " Schedule 6 " ; and

(i)in subsections (6) and (7), for " Part V of the Rent Act 1968 substitute, in each case, " Part II of the Rent Act 1977 ".

5In section 17 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 for " section 102 of the Rent Act 1968 " and " said section 102 " substitute respectively " section 22 of the Rent Act 1977 " and " said section 22 ".

6In section 18(1) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 for " Part II of the Rent Act 1968 " and " the Rent Act 1968 " substitute respectively " Part VII of the Rent Act 1977 " and " the Rent Act 1977 ".

7In section 19 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)in subsection (1), for " the Rent Act 1968 " substitute " the Rent Act 1977 "; and

(b)in subsection (5), for " Part VIII of the Rent Act 1968 " substitute " Part X of the Rent Act 1977 ".

8In section 20 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)in subsection (1), for " Schedule 3 to the Rent Act 1968 " substitute " Schedule 15 to the Rent Act 1977 ";

(b)in subsection (2), for " Case 7 in the said Schedule 3" and " Part II of the Rent Act 1968 " substitute respectively " Case 8 in the said Schedule 15 "and " Part VII of the Rent Act 1977 " ; and

(c)in subsection (3), for " Schedule 3 " and " section 10(1) of the Rent Act 1968 " substitute respectively " Schedule 15 " and " section 98(1) of the Rent Act 1977 ".

9In section 22 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)in subsection (1), for " Part II, Part III or Part IV of the Rent Act 1968" and "Part VI" substitute, respectively, " Part III, IV or VII of the Rent Act 1977 " and " Part V " ; and

(b)in subsection (3A), for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

10In section 23 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)in the definition of "agricultural land", for "section 1(2) of the Rent Act 1968 " substitute " section 26 of the Rent Act 1977 ";

(b)in the definitions of " landlord ", and " statutory tenancy ", and in subsection (3) for " the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ".

Housing Repairs and Rents Act 1954 (c. 53)

11In section 50(1) of the Housing Repairs and Rents Act 1954 for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

Landlord and Tenant Act 1954 (c. 56)

12In section 2(5) of the Landlord and Tenant Act 1954 (as originally enacted), for paragraphs (a) and (b) substitute " for the purposes of this subsection the rateable value of the property is that which would be taken as its rateable value for the purposes of section 5 of the Rent Act 1977 ".

13In section 2 of the Landlord and Tenant Act 1954, at the end add the following subsection:—

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

In this section "long tenancy" does not include a tenancy which is, or may become, terminable before the end of the term by notice given to the tenant.”

14In section 10(2) of the Landlord and Tenant Act 1954, for " Schedule 3 " substitute " Schedule 15 ".

15In section 12(1)(b) of the Landlord and Tenant Act 1954 for " Cases 1 to 8 in Schedule 3 " substitute " Cases 1 to 9 in Schedule 15 ".

16In section 22(1) of the Landlord and Tenant Act 1954, in the definition of " the Rent Act ", for " the Rent Act 1968 " and " Parts III to VI" substitute, respectively, " the Rent Act 1977 " and " Parts II to V ".

17In section 40(5) of the Landlord and Tenant Act 1954, for the words from " the Rent " to " 1939 " substitute " the Rent Act 1977 ".

18In section 43(1)(c) of the Landlord and Tenant Act 1954, for " section 9(3) of the Rent Act 1968 " substitute " section 24(2) of the Rent Act 1977 ".

19In paragraph 17 of Schedule 1, and in paragraph 4 of Schedule 2, to the Landlord and Tenant Act 1954, for " Schedule 3 " substitute, in each case, " Schedule 15 ".

20In Schedule 3 to the Landlord and Tenant Act 1954, in paragraph 2, for " Schedule 3 " and " section 10(1)(a)" substitute respectively " Schedule 15 " and " section 98(1)(a) ".

Requisitioned Houses and Housing (Amendment) Act 1955 (c. 24)

21In subsections (2)(b) and (3) of section 4 of the Requisitioned Houses and Housing (Amendment) Act 1955, for " the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ".

Housing Act 1957 (c. 56)

22In sections 16(5), 22(5) and 27(5) of the Housing Act 1957, for "the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ".

23In section 68(2) of the Housing Act 1957 for " the Rent Act 1968" substitute, in each case, " the Rent Act 1977 " and for " paragraph 1 of Part IV of Schedule 3 to " substitute " paragraph 3 of Schedule 15 to ".

24In section 73(4) of the Housing Act 1957, for "the Rent Act 1968 " substitute " the Rent Act 1977 ".

25In section 104(3) of the Housing Act 1957, in paragraph (b) (as it applies to conditions imposed before 8th December 1965), for "Schedule 13 to the Rent Act 1968" substitute " Schedule 21 to the Rent Act 1977 ".

26In section 158 of the Housing Act 1957, for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

27In Schedule 2 to the Housing Act 1957, in paragraph 7(2) for " the Rent Act 1968 ", in the definition of " interest", substitute " the Rent Act 1977 ".

Housing (Financial Provisions) Act 1958 (c. 42)

28In section 46 of the Housing (Financial Provisions) Act 1958—

(a)in subsection (1)(b), as it applies to conditions imposed before 8th December 1965, for "section 110 of or Schedule 13 to the Rent Act 1968" substitute " section 145 of, or Schedule 21 to, the Rent Act 1977 "; and

(b)in subsection (2A) for " section 10A of the Rent Act 1968 " substitute " section 99 of the Rent Act 1977 ".

County Courts Act 1959 (c. 22)

29In section 94(1)(b) of the County Courts Act 1959, for " the Rent Act 1968" and "Part VI or Part VII" substitute respectively " the Rent Act 1977 " and " Part V, sections 103 to 106 or Part IX ".

30In section 109(4) of the County Courts Act 1959, for paragraphs (b) and (c) substitute:—

“(b)section 98 of the Rent Act 1977 as it applies to Cases 1 to 9 in Schedule 15 to that Act, or that section as extended or applied by any other document;

(c)section 99 of the Rent Act 1977, as it applies to Cases 1 to 7 and Case 9 in Schedule 15 to that Act; or”.

Landlord and Tenant Act 1962 (c. 50)

31In section 2 of the Landlord and Tenant Act 1962—

(a)in subsection (1)(b), for the words from " contract to" to " 1968 " substitute " restricted contract within the meaning of the Rent Act 1977 "; and

(b)in subsection (1)(c), for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

32In section 5 of the Landlord and Tenant Act 1962, for " the said section 107 " substitute " section 149 of the Rent Act 1977 ".

Housing Act 1964 (c. 56)

33In section 34(3) of the Housing Act 1964, for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

34In section 74(2) of the Housing Act 1964, for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

35In section 75 of the Housing Act 1964—

(a)in subsection (3), for " Section 5 of the Rent Act 1968, that section" and "Act of 1968" substitute, respectively, " Sections 14 to 16 of the Rent Act 1977, those sections " and " Act of 1977 " ; and

(b)in subsection (3A), for " the Rent Act 1968 " and " Act of 1968" substitute respectively " the Rent Act 1977 " and " Act of 1977 ".

36In section 81(3) of the Housing Act 1964, for " section 69 of the Rent Act 1968 " substitute " section 76 of the Rent Act 1977 ".

37In Schedule 2 to the Housing Act 1964, in paragraph 4, for " section 56(1) of the Rent Act 1968 " substitute " section 32(1) of the Rent Act 1977 ".

38In Schedule 4 to the Housing Act 1964, in paragraph 2, for "paragraph 1(d) of Schedule 2 to the Rent Act 1968" substitute " section 17(1)(b) of the Rent Act 1977 ".

New Towns Act 1965 (c. 59)

39In section 22(3) of the New Towns Act 1965, for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

Matrimonial Homes Act 1967 (c. 75)

40In section 1(5) of the Matrimonial Homes Act 1967, for " the Rent Act 1968 (other than Pt VI thereof) " substitute " the Rent Act 1977 (other than Part V and sections 103 to 106) ".

41In section 7 of the Matrimonial Homes Act 1967—

(a)in subsections (1)(c), (2) and (3), for "the Rent Act 1968" substitute, in each case, " the Rent Act 1977 "; and

(b)in subsection (8), for " Part II of the Rent Act 1968 " substitute " Part VII of the Rent Act 1977 ".

Leasehold Reform Act 1967 (c. 88)

42In sections 1(4) and 4(1)(a) of the Leasehold Reform Act 1967, for " section 6(3) of the Rent Act 1968 " substitute, in each case. " section 25(3) of the Rent Act 1977 ".

43In section 16(1)(d) of the Leasehold Reform Act 1967, for " Part II of the Rent Act 1968 " substitute " Part VII of the Rent Act 1977 ".

44In section 37(6) of the Leasehold Reform Act 1967, for " Sections 6(1), (2) and (4) of the Rent Act 1968 " substitute " Section 25(1), (2) and (4) of the Rent Act 1977 ".

45In Schedule 2 to the Leasehold Reform Act 1967, in paragraph 3(2), for "subsection (2) of section 18 of the Rent Act 1968 " substitute " subsection (2) of section 137 of the Rent Act 1977 ", and in paragraph 3(3) for " Part II of the Rent Act 1968 " substitute " Part VII of the Rent Act 1977 ".

46In Schedule 5 to the Leasehold Reform Act 1967—

(a)in paragraphs 3(1) and (2) and 4(1), (2) and (5), for "the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ";

(b)in paragraph 3(2)(b), for " section 22(1)" substitute " section 45(2) ";

(c)in paragraph 3(2)(c), for " sections 23 to 25" substitute " sections 46 to 48 ";

(d)in paragraph 4(2), for " section 48 " substitute " section 72 ";

(e)in paragraph 4(3), for " section 22(2)(b) of the Rent Act 1968 " substitute " section 45(2)(b) of the Rent Act 1977 ";

(f)in paragraph 4(4), for " section 46(1) of the Rent Act 1968 " substitute " section 70(1) of the Rent Act 1977 ";

(g)in paragraph 6(5), for " the Rent Act 1968 " substitute " the Rent Act 1977 ";

(h)in paragraph 7(1)(b), for "the Rent Act 1968" substitute " the Rent Act 1977 "; and

(i)for paragraph 10, substitute:—

“10(1)Section 74(2) of the Rent Act 1977 (which confers power by regulations to modify certain provisions of Part IV of that Act) shall apply also to this Schedule in so far as it affects section 67 or 72 of, or Schedule 11 to, that Act.

(2)In so far as they relate to the Rent Act 1977, section 39 of this Act and this Schedule shall have effect subject to section 153 of that Act (which confers power to adapt the Act in its application to the Isles of Scilly) as if those provisions of this Act were contained in that Act.”

Housing Act 1969 (c. 33)

47In section 60(7) of the Housing Act 1969, for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

48In paragraph 5(2) of Schedule 5 to the Housing Act 1969, in the definition of " interest", for " the Rent Act 1968" substitute " the Rent Act 1977 ".

Fire Precautions Act 1971 (c. 40)

49In section 28 of the Fire Precautions Act 1971—

(a)in subsections (2) and (5)(b), for " section 12 of the Rent Act 1968 " substitute " section 3 of the Rent Act 1977 "; and

(b)in subsection (4), for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

50In section 34 of the Fire Precautions Act 1971, for the words from the beginning to " Part III of that Schedule " substitute " The provisions of Part III of the Schedule to this Act ".

Pensions (Increase) Act 1971 (c. 56)

51In Schedule 2 to the Pensions (Increase) Act 1971, in paragraph 63, at the end add " or section 63 of the Rent Act 1977 ".

Housing Finance Act 1972 (c. 47)

52In section 19 of the Housing Finance Act 1972—

(a)in subsection (4), for " the Rent Act 1968", where those words first occur, substitute " the Rent Act 1977 " and for the words from " a contract" to the end substitute " a contract which is a restricted contract for the purposes of that Act or would be a restricted contract but for section 19(5)(c) thereof ";

(b)in subsection (5), for " section 5 of the Rent Act 1968 " substitute " section 15 of the Rent Act 1977 ";

(c)in subsection (6), for " section 4 of the Rent Act 1968" substitute " section 13 of the Rent Act 1977 " and for the words from " to which" to the end substitute " which would be a restricted contract for the purposes of that Act but for section 19(5)(b) thereof ";

(d)in subsection (6A), for " section 5(7) of the Rent Act 1968 " substitute " section 16 of the Rent Act 1977 ";

(e)in subsection (6B), for " the Rent Act 1968 " substitute " the Rent Act 1977 ";

(f)in subsection (7), for paragraph (a) substitute:—

“(a)section 24(2) of the Rent Act 1977 applies in his case or he occupies a dwelling under a restricted letting, and”;

and in paragraph (b) for " section 9(3) " substitute " section 24(2) " ; and

(g)in subsection (8A), for "Part VI letting" substitute " restricted letting ".

53In section 25(6) of the Housing Finance Act 1972 for " the Rent Act 1968 " substitute " Rent Act 1977 ".

54In section 26(1) of the Housing Finance Act 1972—

(a)in the definition of " dwelling ", for " Part VI of the Rent Act 1968 " substitute " Part V of the Rent Act 1977 ";

(b)in the definition of " landlord " for " the Rent Act 1968 " substitute " the Rent Act 1977 " :

(c)omit the definition of " Part VI letting ";

(d)after the definition of " rebate scheme " insert:—

• “' restricted letting ' means a contract which is a restricted contract for the purposes of the Rent Act 1977, or would be a restricted contract but for section 19(5)(b) or (c) thereof”;

(e)in the definition of "sub-let", for "the Rent Act 1968" substitute " the Rent Act 1977 "; and

(f)in the definition of "tenant", in paragraph (d), for "Part VI letting " substitute " restricted letting ".

55In section 91A(8) of the Housing Finance Act 1972, for paragraph (b) substitute:—

“(b)where the tenant is a protected tenant or a statutory tenant within the meaning of the Rent Act 1977 or a lessee within the meaning of Part V of that Act (restricted contracts).”

56In paragraph 14 of Schedule 4 to the Housing Finance Act 1972—

(a)in sub-paragraph (1)(a), for " Part V of the Rent Act 1968 " substitute " Part II of the Rent Act 1977 ";

(b)in sub-paragraph (1)(b), for " the Rent Act 1968 " and " Schedule 6 to this Act"' substitute, respectively, " the Rent Act 1977 " and " Schedule 9 to that Act" ;

(c)in sub-paragraph (1)(d), for " Part VIII of this Act" substitute " Part VI of the Rent Act 1977 ";

(d)in sub-paragraph (1)(f), for " section 44(5) of the Rent Act 1968 " substitute " section 67(6) of the Rent Act 1977 ";

(e)in sub-paragraph (1)(h), for " Part VI letting " and " section 74 of the Rent Act 1968 " substitute respectively " restricted letting "and " section 79 of the Rent Act 1977 " ;

(f)in sub-paragraph (3), for " section 33 of the Rent Act 1968 " substitute " section 57 of the Rent Act 1977 ";

(g)in sub-paragraph (3A) for " section 40 of the Rent Act 1968 " substitute " section 63 of the Rent Act 1977 "; and

(h)in sub-paragraph (4) for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

57In paragraph 14A of Schedule 4 to the Housing Finance Act 1972—

(a)in sub-paragraph (1)(a) for " the Rent Act 1968 " substitute " the Rent Act 1977 "; and

(b)in sub-paragraph (4), for " section 40 of the Rent Act 1968 " substitute " section 63 of the Rent Act 1977 ";

Agriculture (Miscellaneous Provisions) Act 1972 (c. 62)

58In section 24 of the Agriculture (Miscellaneous Provisions) Act 1972, for " those Cases " substitute " that Case ".

Land Compensation Act 1973 (c. 26)

59In section 29(1)(d) and 37(1)(d) of the Land Compensation Act 1973, for the words from " or falls " to the end substitute, in each case, " or is specified in an order made by the Secretary of State under section 80 of the Housing Finance Act 1972 or paragraph 23 of Schedule 1 to the Housing Rents and Subsidies Act 1975 ".

Housing Act 1974 (c. 44)

60(1)In section 31(1) of the Housing Act 1974, in paragraph (b) after " 1972 " insert " Part VI of the Rent Act 1977 " and in paragraph (c) after " Part VIII ' insert " or Part VI ".

(2)In section 32(1) of the Housing Act 1974, for the words from " falling " to " 18(1) above " substitute " which is for the time being specified in an order made by the Secretary of State under section 80 of the Housing Finance Act 1972 or paragraph 23 of Schedule 1 to the Housing Rents and Subsidies Act 1975 ".

61In section 47(6) of the Housing Act 1974 for paragraph (c) substitute:—

“(c)consisting of the grant of a protected tenancy or the entering into of a restricted contract, within the meaning of the Rent Act 1977; or”.

62In section 74(2) of the Housing Act 1974, in paragraphs (a), (d) and (f) for " Part VI" substitute, in each case, " restricted ".

63In section 74(4) of the Housing Act 1974—

(a)for the definition of "Part VI contract" substitute " ' restricted contract' has the same meaning as in section 19 of the Rent Act 1977 ; ";

(b)for " Part VII", in the definition of a premium, substitute " Part IX ";

(c)in paragraph (b) of the definition of a registered rent, for " Part VI " and " section 74 " substitute respectively " restricted " and " section 79 " ; and

(d)in the definition of the relevant day, for " Part VI" substitute " restricted ".

64In section 99(2)(f) of the Housing Act 1974, for " section 5(3) of the Rent Act 1968 " substitute " section 15(5) of the Rent Act 1977 ".

65In section 104(1) of the Housing Act 1974, in the definition of an occupying tenant, for " the Rent Act 1968 ", in paragraph (b), substitute " the Rent Act 1977 " and for paragraph (c) substitute:—

“(c)occupies the dwelling as a residence under a restricted contract within the meaning of section 19 of the Rent Act 1977 ; or”.

66In section 122(8), and in the definition of a statutory tenant in section 125(2), of the Housing Art 1974, for "the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ".

Rent Act 1974 (c. 51)

67In section 17(6) of the Rent Art 1974, for the words from the beginning to "do not extend" substitute " Section 11 of this Act does not extend ".

68In Schedule 1 to the Rent Act 1974—

(a)in paragraph 4 for " Part VI", in sub-paragraph (1), substitute " Part VII " and omit sub-paragraph (2);

(b)in paragraph 5(2) for " each of the cases referred to in sub-paragraph (1) above" and " the case in question " substitute, in each case, " Case 11 ", and omit from " section 79 " to " case may be ".

Housing Rents and Subsidies Act 1975 (c. 6)

69In section 17(11) of the Housing Rents and Subsidies Act 1975, for the words from " except" to " 4 " substitute " except section 11 ".

70In Schedule 1 to the Housing Rents and Subsidies Act 1975, in paragraph 15(4), for " Schedule 5 to the Rent Act 1968 " substitute " Schedule 10 to the Rent Act 1977 ".

Community Land Act 1975 (c. 77)

71In paragraph 22 of Schedule 4 to the Community Land Act 1975, for sub-paragraph (a) substitute " (a) the Rent Act 1977, or ".

Rent (Agriculture) Act 1976 (c. 80)

72In section 4(5) of the Rent (Agriculture) Act 1976, for " section 3(2) of the Rent Act 1968 " substitute " section 2(3) of the Rent Act 1977 ".

73In section 5 of the Rent (Agriculture) Act 1976—

(a)in subsection (3)(f), for " section 5(3) of the Rent Act 1968 " substitute " section 15(5) of the Rent Act 1977 "; and

(b)in subsection (4), for " section 5(6) of the Rent Act 1968 " substitute " section 15(4) of the Rent Act 1977 ".

74In section 9 of the Rent (Agriculture) Act 1976—

(a)in subsection (1), for " the Rent Act 1968 " and " section 10(1) or 10A(2)" substitute respectively " the Rent Act 1977 " and "section 98 or 99(2)"; and

(b)in subsections 4(b) and (5) for "the Rent Act 1968" substitute, in each case, " the Rent Act 1977 ".

75In section 13 of the Rent (Agriculture) Act 1976—

(a)in subsections (1) and (2), for " the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ";

(b)in subsection (2), for paragraphs (a) to (c) substitute:—

“(a)sections 67 and 70

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

(c)Part I of Schedule 11,”;

(c)in subsection (3), for the words from "sections 44A" to the end substitute " sections 68, 69, 71(3), 72 or 73 of the Rent Act 1977 or Part II of Schedule 11 or Schedule 7 to that Act ";

(d)in subsection (5), for " subsection (3A) of section 44 of the Rent Act 1968 " and " section 44 " substitute, respectively, " subsection (4) of section 67 of the Rent Act 1977 " and " section 67 " ; and

(e)in subsection (7), for " section 44(3) of the Rent Act 1968 " substitute " section 67(3) of the Rent Act 1977 ".

76In section 15(4) of the Rent (Agriculture) Act 1976, for " section 47(4) of the Rent Act 1968 " substitute " section 71(4) of the Rent Act 1977 ".

77In sections 19, 27(2) and 33(3), and in the definition of tenancy at a low rent in section 34(1), of the Rent (Agriculture) Act 1976. for " the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ".

78In paragraph 1 of Schedule 2 to the Rent (Agriculture) Act 1976, for sub-paragraph (b) substitute:—

“(b)if the provisions of Part I of the Rent Act 1977 relating to exceptions to the definition of 'protected tenancy' were modified as mentioned in paragraph 3 below,”.

79In paragraph 2 of Schedule 2 to the Rent (Agriculture) Act 1976—

(a)for " the Rent Act 1968 ", in sub-paragraph (a), substitute the Rent Act 1977 " ; and

(b)for " section 2 of that Act", in sub-paragraph (b), substitute the provisions of that Act mentioned in paragraph 1(b) above ".

80For paragraph 3 of Schedule 2 to the Rent (Agriculture) Act 1976 substitute:—

“3(1)For the purposes of this Schedule the modifications of Part I of the Rent Act 1977 are as follows.

(2)Omit sections 5 (tenancies at low rents) and 10 (tenancy of a dwelling-house comprised in any agricultural holding etc.).

(3)For section 7 (payments for board or attendance) substitute:—

“7(1)A tenancy is not a protected tenancy if it is a bona fide term of the tenancy that the landlord provides the tenant with board or attendance.

(2)For the avoidance of doubt it is hereby declared that meals provided in the course of a person's employment in agriculture do not constitute board for the purposes of this section ; and a term that the landlord provides the tenant with attendance shall not be taken to be a bona fide term for those purposes unless, having regard to its value to the tenant, the attendance is substantial.'””

81In paragraph 4 of Schedule 2 to the Rent (Agriculture) Act 1976—

(a)for " the Rent Act 1968 " substitute " the Rent Act 1977 "; and

(b)for " section 4 ", " section 5 ", " section 5A " and " section 6 " substitute, respectively, " section 13 " , " sections 14 to 16 ", " section 12 " and " section 25 ".

82In Schedule 4 to the Rent (Agriculture) Act 1976—

(a)in paragraph 2(a), for " the Rent Act 1968 " substitute " the Rent Act 1977 ";

(b)in paragraph 2(b), for " Part II of the Rent Act 1968 " substitute " Part VII of the Rent Act 1977 "; and

(c)in Case X, for " Part III, Part V or Part VI of the Rent Act 1968 " substitute " Part II, Part III or Part V of the Rent Act 1977 ".

83In Schedule 5 to the Rent (Agriculture) Act 1976, in sub-paragraphs (3) and (6) of paragraph 11, for " Schedule 4 to the Rent Act 1968 " substitute, in each case, " Schedule 5 to the Rent Act 1977 ".

84In Schedule 6 to the Rent (Agriculture) Act 1976—

(a)in paragraph 2(b), for " section 47(4) of the Rent Act 1968 " substitute " section 71(4) of the Rent Act 1977; and

(b)in paragraph 5, for " Schedule 6 to the Rent Act 1968 " substitute " Schedule 11 to the Rent Act 1977 ".

Section 155(3).

SCHEDULE 24Savings and Transitional Provisions

General transitional provisions

1(1)In so far as anything done, or having effect as if done, under an enactment repealed by this Act could have been done under a corresponding provision in this Act, it shall not be invalidated by the repeal but shall have effect as if done under that provision.

(2)Sub-paragraph (1) above applies, in particular, to any regulation, order, scheme, agreement, dissent, election, application, reference, representation, appointment or apportionment made, notice served, certificate issued, statement supplied, undertaking or direction given or rent registered.

(3)Subject to this Schedule, any document made, served or issued before the passing of this Act or at any time thereafter (whether before or after the commencement of this Act) and containing a reference to an enactment repealed by this Act, or having effect as if containing such a reference, shall, except in so far as a contrary intention appears, be construed as referring, or as the context requires, as including a reference, to the corresponding provision of this Act.

(4)Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

(5)Nothing in this Act shall affect the enactments repealed thereby in their operation in relation to offences committed before the commencement of this Act.

(6)A conviction for an offence under an enactment repealed by this Act shall be treated for the purposes of this Act as a conviction of an offence under the corresponding provision of this Act.

(7)Subject to the provisions of this Act, any reference in any document or enactment to a dwelling-house which is let on or subject to a protected or statutory tenancy (including any reference which, immediately before the commencement of this Act, was to be construed as such a reference by virtue of paragraph 5 of Schedule 16 to the [1968 c. 23.] Rent Act 1968) shall be construed, except in so far as the context otherwise requires, as a reference to a dwelling-house let on or subject to a protected or statutory tenancy within the meaning of this Act.

(8)Subject to the provisions of this Act, any reference in any document or enactment to a Part VI contract (within the meaning of Part VI of the [1968 c. 23.] Rent Act 1968) shall be construed, except in so far as the context otherwise requires, as a reference to a restricted contract.

Existing statutory tenants

2(1)If, immediately before the commencement of this Act, a person (the "existing statutory tenant") was a statutory tenant of a dwelling-house by virtue of any enactment repealed by this Act (a " repealed enactment") that person shall, on the commencement of this Act, be a statutory tenant of the dwelling-house for the purposes of this Act.

(2)If, immediately before the existing statutory tenant became a statutory tenant, he was a tenant of the dwelling-house under a tenancy then, for the purposes of this Act, he shall be the statutory tenant by virtue of his previous protected tenancy.

(3)If the existing statutory tenant became a statutory tenant on the death of a person who was himself a tenant or statutory tenant of the dwelling-house then, for the purposes of this Act, the existing statutory tenant shall be a statutory tenant by succession ; and, unless he became a statutory tenant by virtue of section 13 of the [1965 c. 75.] Rent Act 1965, or paragraph 6 or 7 of Schedule 1 to the Rent Act 1968, he shall be deemed to be the first successor within the meaning of Schedule 1 to this Act.

(4)If the existing statutory tenant became a statutory tenant by virtue of an exchange under section 17 of the [1957 c. 25.] Rent Act 1957 or section 14 of the Rent Act 1968 then, for the purposes of this Act, he shall be deemed to be the statutory tenant by virtue of his previous protected tenancy or, as the case may be, a statutory tenant by succession, if immediately before the commencement of this Act he was so deemed for the purposes of the Rent Act 1968.

(5)If, by virtue of sub-paragraph (4) above, the existing statutory tenant is for the purposes of this Act a statutory tenant by succession, he shall be deemed to be the first successor, within the meaning of Schedule 1 to this Act if, and only if, the person who was a statutory tenant immediately before the date of exchange was not a statutory tenant by virtue of section 13 of the Rent Act 1965 or paragraph 6 or 7 of Schedule 1 to the Rent Act 1968.

(6)Without prejudice to the case where by virtue of sub-paragraph (4) or (5) above, the existing statutory tenant is deemed to be a statutory tenant by succession but is not deemed to be the first successor, within the meaning of Schedule 1 to this Act, paragraphs 5 to 7 of that Schedule shall not apply where the existing statutory tenant, or the person on whose death he became a statutory tenant, became a statutory tenant by virtue of an exchange under section 17 of the Rent Act 1957 or section 14 of the Rent Act 1968.

3(1)A person who, at any time before the commencement of this Act, became a statutory tenant of a dwelling-house by virtue of—

(a)section 12(10) of the [1920 c. 17.] Increase of Rent and Mortgage Interest (Restrictions) Act 1920 (under which workmen housed in certain dwelling-houses taken over by the Government during the 1914-18 war were to be treated as tenants of the landlords of those houses); and

(b)section 4 of the [1955 c. 24.] Requisitioned Houses and Housing (Amendment) Act 1955 (under which certain requisitioned dwelling-houses were returned to their owners on condition that the owners accepted the existing licensees as statutory tenants),

(and not by way of succession to a previous statutory tenancy) shall be treated for the purposes of this Act as having become the statutory tenant of that dwelling-house on the expiry of a protected tenancy thereof.

(2)A person who, on or after the commencement of the [1965 c. 75.] Rent Act 1965, retained possession of a dwelling-house by virtue of section 20 of that Act (which made transitional provisions in relation to tenancies which expired before the commencement of that Act) shall be deemed to have done so under a statutory tenancy arising on the termination of a tenancy which was a regulated tenancy, and the terms as to rent and otherwise of that tenancy shall be deemed to have been the same, subject to any variation specified by the court, as those of the tenancy mentioned in subsection (1) of mat section (that is to say, the tenancy which ended before the commencement of the Rent Act 1965 but which would have been a regulated tenancy if that Act had then been in force).

4A statutory tenancy subsisting at the commencement of this Act under section 4 of the Requisitioned Houses and Housing (Amendment) Act 1955 shall be treated, for the purposes of this Act—

(a)as a regulated tenancy if, by virtue of section 10 of the Rent Act 1965, it fell to be treated as a regulated tenancy after 31st March 1966 ; and

(b)in any other case, as a controlled tenancy.

Tenancies which ended before passing of Counter-Inflation Act 1973 (c. 9)

5(1)This paragraph applies where the tenancy of a dwelling-house came to an end at a time before 22nd March 1973 and the tenancy would have been a regulated tenancy, for the purposes of the [1968 c. 23.] Rent Act 1968, if section 14 of the [1973 c. 9.] Counter-Inflation Act 1973 had been in force at that time.

(2)If the tenant under the tenancy which came to an end duly retained possession of the dwelling-house after 22nd March 1973 without any order for possession having been made, or after the rescission of such an order, he shall be deemed to have done so under a statutory tenancy arising on) below the terms of that tenancy (including the rent) shall be deemed to have been the termination of the tenancy which came to an end and, subject to sub-paragraph (b the same as those of the tenancy which came to an end.

(3)Any statutory tenancy arising by virtue of sub-paragraph (2) above, shall be treated as a statutory tenancy arising on the termination of a protected tenancy which was a regulated tenancy.

(4)Where Article 10 of the [S.I. 1972/1851.] Counter-Inflation (Rents) (England and Wales) Order 1972 applied to the rent under the tenancy, the rent under the tenancy imposed by sub-paragraph (2) above shall be the rent as limited by Article 10.

(5)Schedule 7 to this Act shall not apply to a statutory tenancy arising under sub-paragraph (2) above.

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

(7)If at 22nd March 1973 the dwelling-house was occupied by a person who would, if the tenancy had been a regulated tenancy, have been the " first successor " within the meaning of paragraph 4 of Schedule 1 to the [1968 c. 23.] Rent Act 1968 (which is re-enacted in Schedule 1 to this Act), sub-paragraphs (2), (4) and (5) above shall apply where that person retained possession as they apply where the tenant retained possession.

Protected furnished tenancies

6(1)In any case where—

(a)before 14th August 1974 a dwelling was subject to a tenancy which was a Part VI contract within the meaning of the Rent Act 1968, and

(b)the dwelling forms part only of a building, and that building is not a purpose-built block of flats within the meaning of section 12 of this Act, and

(c)on that date the interest of the lessor, within the meaning of Part VI of the Rent Act 1968, under the tenancy—

(i)belonged to a person who occupied as his residence another dwelling which also formed part of that building, or

(ii)was vested in trustees as such and was or, if it was held on trust for sale, the proceeds of its sale were held on trust for a person who occupied as his residence another dwelling which also formed part of that building, and

(d)apart from paragraph 1 of Schedule 3 to the [1975 c. 51.] Rent Act 1974 the tenancy would, on that date, have become a protected furnished tenancy,

this Act shall apply, subject to sub-paragraph (2) below, as if the tenancy had been granted on that date and as if the condition in section 12(1)(b) of this Act were fulfilled in relation to the grant of the tenancy.

(2)In the application of this Act to a tenancy by virtue of this paragraph—

(a)subsection (2) of section 12 shall be omitted ; and

(b)in section 20 and Part II of Schedule 2 any reference to section 12 of this Act shall be construed as including a reference to this paragraph.

(3)In any case where paragraphs (a), (b) and (d) of sub-paragraph (1) above apply but on 14th August 1974 the interest referred to in paragraph (c) of that sub-paragraph was vested—

(a)in the personal representatives of a deceased person acting in that capacity, or

(b)by virtue of section 9 of the [1925 c. 23.] Administration of Estates Act 1925, in the Probate Judge within the meaning of that Act, or

(c)in trustees as such,

then, if the deceased immediately before his death or, as the case may be, the settlor immediately before the creation of the trust occupied as his residence another dwelling which also formed part of the building referred to in paragraph (b) of sub-paragraph (1) above, that sub-paragraph shall apply as if the condition in paragraph (c) thereof were fulfilled.

(4)In the application of paragraph 1(1) of Schedule 2 to this Act in a case falling within sub-paragraph (3) above, any period before 14th August 1974 during which the interest of the landlord vested as mentioned in that subsection shall be disregarded in calculating the period of 12 months specified therein.

7(1)This paragraph applies where the tenancy of a dwelling-house came to an end before 14th August 1974 and, if it had come to an end immediately after that date it would then have been a protected furnished tenancy within the meaning of the [1974 c. 51.] Rent Act 1974.

(2)If the tenant under the tenancy which came to an end duly retained possession of the dwelling-house on 14th August 1974 without an order for possession having been made or after the rescission of such an order he shall be deemed to have done so as a statutory tenant under a regulated tenancy and, subject to sub-paragraph (5) below, as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant; and, subject to sub-paragraphs (4) and (5) below, the tenancy referred to in sub-paragraph (1) above shall be treated, in relation to his statutory tenancy,—

(a)as the original contractual tenancy for the purposes of section 3 of this Act, and

(b)as the previous contractual tenancy for the purposes of paragraph 2 of Part III of Schedule 15 to this Act.

(3)In any case where—

(a)immediately before 14th August 1974 a rent was registered for a dwelling under Part VI of the [1968 c. 23.] Rent Act 1968, and

(b)on that date a person became a statutory tenant of that dwelling by virtue of paragraph 3(4) of Schedule 3 to the Rent Act 1974,

the amount which was so registered under Part VI shall be deemed to be registered under Part IV of this Act as the rent for that dwelling, and that registration shall be deemed to have taken effect on 14th August 1974.

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

(5)If on 14th August 1974 the dwelling-house was occupied by a person who would, if the tenancy had been a protected tenancy for the purposes of the [1968 c. 23.] Rent Act 1968, have been "the first successor " as defined in paragraph 4 of Schedule 1 to that Act, sub-paragraph (2) above shall apply where that person retained possession as it applies where the tenant retained possession, except that he shall be the first successor as so defined.

8(1)Where, immediately before the commencement of this Act, a rent was deemed (by virtue of section 5 of the Rent Act 1974) to have been registered under Part IV of the [1974 c. 51.] Rent Act 1968 with effect from 14th August 1974, it shall for the purposes of this Act be deemed to be registered under Part IV of this Act with effect from that date.

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

(3)The reference in section 69(1)(b) to a rent being registered for a dwelling-house shall not include a rent which is deemed to be so registered.

(4)A statutory furnished tenancy which arose on 15th August 1974, by virtue of section 5(4) of the Rent Act 1974, shall be treated as a statutory furnished tenancy for the purposes of this Act and as having arisen on that date.

Regulated tenancies of formerly requisitioned houses

9(1)This paragraph applies in relation to a regulated tenancy of a dwelling-house which is a statutory tenancy subsisting under section 4 of the [1955 c. 24.] Requisitioned Houses and Housing (Amendment) Act 1955 (under which licensees of previously requisitioned property became statutory tenants of the owners) and which, by virtue of section 10(1) of the [1965 c. 75.] Rent Act 1965, fell to be treated as a regulated tenancy after 31st March 1966.

(2)In relation to any rental period of a regulated tenancy to which this paragraph applies, sections 45 to 48 of this Act shall have effect as if—

(a)references therein to the last contractual period were references to the last rental period beginning before 31st March 1966, and

(b)the rent recoverable for that last rental period has included any sum payable for that period by the local authority to the landlord under section 4(4) of the said Act of 1955 (which provided for payments to make up the difference between the rent actually paid and the amount which would normally have been recoverable).

Miscellaneous

10Any registration of a rent under Part IV of the [1968 c. 23.] Rent Act 1968 which, by virtue of paragraph 33(2) of Schedule 13 to the [1974 c. 44.] Housing Act 1974, fell to be treated as if it had been effected pursuant to an application under section 44 of the Rent Act 1968 shall continue to be so treated for the purposes of this Act.

11In the case of a registration of a rent before 1st January 1973 which, by virtue of subsection (3) of section 82 of the [1972 c. 47.] Housing Finance Act 1972 (provision corresponding to section 87(3) of this Act), was provisional only, the date of registration for the purposes of this Act shall be 1st January 1973.

12Where, by virtue of section 1(1)(b) of the [1974 c. 51.] Rent Act 1974, any reference in an enactment or instrument was, immediately before the coming into force of this Act, to be construed as having the same meaning as in the Rent Act 1968 as amended by section 1 of the Rent Act 1974, that reference shall be construed as having the same meaning as in this Act.

13If, immediately before the commencement of this Act, a person's statutory tenancy was a regulated tenancy (and not a controlled tenancy), for the purposes of the Rent Act 1968, by virtue of paragraph 5 of Schedule 2 to that Act (second successors) it shall be a regulated tenancy for the purposes of this Act by virtue of that paragraph.

14If, immediately before the commencement of this Act, a person's statutory tenancy was a regulated tenancy for the purposes of the Rent Act 1968, by virtue of paragraph 10 of Schedule 16 to that Act (statutory tenancies deemed to arise by virtue of section 20 of the [1965 c. 75.] Rent Act 1965) it shall be a regulated tenancy for the purposes of this Act

15In relation to any time before 1st January 1960, paragraph (a) of section 34(1) of this Act shall have effect as if it included a reference to section 150 of the [1875 c. 55.] Public Health Act 1875 and to the [1892 c. 57.] Private Street Works Act 1892.

16Sections 44(1), (2), 38 and 72(4) of this Act shall have effect in relation to rent determined or confirmed in pursuance of Schedule 3 to the [1975 c. 6.] Housing Rents and Subsidies Act 1975.

17If, immediately before the revocation of regulation 68CB of the Defence (General) Regulations 1939 accommodation was registered for the purposes of that regulation and was let in accordance with the terms and conditions so registered, any contract for the letting of the accommodation shall be treated, for the purposes of this Act, as not being a restricted contract, so long as any letting continues under which the accommodation was let in accordance with the terms and conditions on which it was let immediately before the revocation.

18Section 54 of, and paragraph 5 of Schedule 9 to, this Act shall apply in relation to a failure to observe any of the requirements of section 43, 44(5) or 45 of the Housing Finance Act 1972 as they apply in relation to a failure to observe any of the corresponding requirements of section 51, 52(6) or 53 of this Act.

19(1)Until such time as the provisions mentioned in sub-paragraph (2) below come into force, sections 139(3) and 151(4) of this Act shall have effect as if the fines specified in those sections were, respectively, £10 and £5.

(2)The provisions are those provisions of the [1977 c. 45.] Criminal Law Act 1977 (increase of fines for certain summary offences) which would, had this act not repealed sections 104(3) and 109(4) of the [1968 c. 23.] Rent Act 1968, have had the effect of increasing the fine specified in each of those sections to £25.

20For the purposes of paragraph 3(3) of Schedule 9 to this Act a case where Schedule 2 to the [1975 c. 6.] Housing Rents and Subsidies Act 1975 had effect shall be treated as if it were a case where Schedule 8 to this Act had effect.

21Subject to the provisions of this Act, any reference in any document or enactment to a Part VI letting (within the meaning of Part II of the Housing Finance Act 1972) shall be construed, except in so far as the context otherwise requires, as a reference to a restricted letting (within the meaning of Part II as amended by this Act).

Transitional provisions from Rent Act 1957

22If the rent recoverable under a controlled tenancy for any rental period beginning immediately before the commencement of this Act was, by virtue of section 1(4) of the [1957 c. 25.] Rent Act 1957 and paragraph 15 of Schedule 16 to the Rent Act 1968, the same as the rent recoverable for the rental period comprising the commencement of the Act of 1957 then, after the commencement of this Act, that rent shall remain the rent recoverable under that tenancy for any rental period for which it is neither increased nor reduced under Part II of this Act (but without prejudice to paragraph 1 of this Schedule).

23If, immediately before the commencement of this Act, an agreement or determination of a tribunal made or given for the purposes of paragraph (b) of section 24(3) of the [1954 c. 53.] Housing Repairs and Rents Act 1954 was deemed, by virtue of paragraph 1 of Schedule 7 to the Rent Act 1957 and paragraph 16 of Schedule 16 to the Rent Act 1968, to be an agreement or determination made under paragraph (c) of section 52(1) of the Act of 1968 then, after the commencement of this Act, that agreement or determination shall, until an agreement or determination is made as is mentioned in paragraph (c) of section 27(1) of this Act, be deemed to be an agreement or determination made as mentioned in paragraph (c) of section 27(1).

24(1)If, immediately before the commencement of this Act, the rent limit under a controlled tenancy of a dwelling was increased, by virtue of paragraph 2 of Schedule 7 to the Rent Act 1957 and paragraph 17 of Schedule 16 to the Rent Act 1968, on account of an improvement, or a notice of increase relating to an improvement, completed before the commencement of the Act of 1957, the like increase shall apply after the commencement of this Act to the rent limit under that controlled tenancy.

(2)In sub-paragraph (1) above, "the rent limit", in relation to any time before the commencement of this Act, has the same meaning as in the Rent Act 1968, and in relation to any time after that commencement, has the same meaning as in Part II of this Act.

25(1)If, immediately before the commencement of this Act, a certificate of a local authority under section 26(1) of the [1954 c. 53.] Housing Repairs and Rents Act 1954 or a certificate of a sanitary authority having effect as if it were a certificate under Part II of that Act had effect, by virtue of paragraph 3 of Schedule 7 to the [1957 c. 25.] Rent Act 1957 and paragraph 18 of Schedule 16 to the [1968 c. 23.] Rent Act 1968, as a certificate of disrepair under Schedule 9 to the Act of 1968, then, after the commencement of this Act, the certificate shall have effect, to the like extent as before that commencement, as if it were a certificate of disrepair under Schedule 6 to this Act.

(2)Where any such certificate ceases to have effect (whether by virtue of an order of the court or in consequence of being cancelled by the local authority) sections 27 and 28 of this Act shall have effect, in relation to any rental period beginning after the date as from which the certificate ceases to have effect as if it had ceased to have effect immediately before the basic rental period (within the meaning of Part II of this Act).

26Where any increase in the rent recoverable under a controlled tenancy current on 6th July 1957 took effect before that date but after the beginning of the basic rental period (within the meaning of Part II of this Act), section 27 of this Act shall have effect as if for references to the rent recoverable for the basic rental period there were substituted references to the rent which would have been recoverable for that period if the increase had taken effect before the beginning thereof.

Savings

27(1)Notwithstanding the repeal by this Act of the Rent Act 1968 and section 42 of the [1972 c. 47.] Housing Finance Act 1972—

(a)sections 20(3) and 21 of the Rent Act 1968 (rent limit where no registered rent) shall continue to apply in relation to a regulated tenancy granted before 1st January 1973 if the rent under the tenancy, as varied by any agreement made before that date, exceeded the rent limit under section 20(3) (with any adjustment under section 21);

(b)sections 30 (certain regulated tenancies to be disregarded in determining contractual rent limit) and 35 (duty of landlord to supply statement of rent under previous tenancy) of the Rent Act 1968 shall continue to apply in any case where section 20(3)(a) applies by virtue of this paragraph.

(2)In any case to which section 21 of the Rent Act 1968 applies by virtue of sub-paragraph (1) above, the reference in subsection (5) of that section to the amount expended on the improvement shall be construed as a reference to that amount diminished by the amount of any grant or repayment of the kind mentioned in section 48(2)(a) or (b) of this Act.

(3)This paragraph shall cease to apply if the landlord and the tenant enter into an agreement which is a rent agreement with a tenant having security of tenure (within the meaning of section 51 of this Act) which complies with the requirements of subsection (4) of that section, or if they provide that this paragraph is not to apply by an agreement conforming with those requirements.

28(1)Section 47 of the [1969 c. 33.] Housing Act 1969 (first registration of a rent after issue of qualification certificate) shall continue to have effect as respects an application for the first registration of a rent where the tenancy became a regulated tenancy before the date of the repeal of Part III of that Act by the [1972 c. 47.] Housing Finance Act 1972, but with the substitution, for the references to Part IV of the [1968 c. 23.] Rent Act 1968 and Schedule 6 to that Act, of references respectively to Part IV of, and Part II of Schedule 11 to, this Act.

(2)Paragraph 3 of Schedule 17 to this Act shall apply to a conversion under the said Part III as it applies to a conversion under Part VIII of this Act.

(3)Notwithstanding the said repeal, section 51(2)(a) of the Act of 1969 shall continue to have effect.

(4)Sections 45 to 47 of this Act shall have effect in relation to a tenancy which has become a regulated tenancy by virtue of the said Part III as if references therein to the last contractual period were references to the last rental period beginning before the tenancy became a regulated tenancy.

29Subsections (2) and (5) of section 48 of this Act shall have effect, in relation to any grant paid under section 30 of the [1958 c. 42.] Housing (Financial Provisions) Act 1958 (improvement grants) or section 4 of the [1959 c. 33.] House Purchase and Housing Act 1959 (standard grants) in pursuance of an application made before 25th August 1969, as they have effect in relation to any of the grants mentioned in those subsections.

30Notwithstanding the repeal by this Act of the Rent Act 1968, the amendments made in other enactments ("the amended enactments ") by that Act shall, to the extent that they had effect immediately before the coming into force of this Act, continue to have effect subject to any amendment of any of the amended enactments by this Act.

31Any registration of a rent made before the commencement of this Act—

(a)in the part of the register provided for by section 82 of the Housing Finance Act 1972, and

(b)in reliance on subsection (3A) of section 44 of the Rent Act 1968,

shall be as valid, and shall have effect, as if this Act had then been in force.

32Notwithstanding the repeal by this Act of paragraphs 20 to 26 of Schedule 16 to the Rent Act 1968 (miscellaneous savings) any enactment which, immediately before the commencement of this Act, had effect by virtue of any of those paragraphs shall continue to have effect; and this Act shall have effect in relation to cases falling within any of those paragraphs as the Act of 1968 had effect immediately before the commencement of this Act.

Section 156.

SCHEDULE 25Repeals