Decisione N.1217 del Consiglio permanente
On and after the commencement date,—
a tenancy of a dwelling-house shall no longer be prevented from being a protected tenancy for the purposes of the Rent Act by reason only that, under the tenancy, the dwelling-house is bona fide let at a rent which includes payments in respect of the use of furniture; and
subject to the following provisions of this Act, references in the Rent Act (and in any other enactment or instrument in which those expressions have the same meaning as in that Act) to a protected tenancy, a statutory tenancy or a regulated tenancy shall be construed accordingly.
Any reference in this Act or the Rent Act to a protected furnished tenancy, a statutory furnished tenancy or a regulated furnished tenancy is a reference to a protected tenancy, a statutory tenancy or a regulated tenancy, as the case may be, under which the rent for the dwelling-house concerned includes such payments in respect of the use of furniture as, apart from subsection (1) above, subsection (4)(a) below and the repeals effected by this Act, would prevent a tenancy of the dwelling-house at that rent from being a protected tenancy.
Notwithstanding anything in section 7(1) of or Schedule 2 to the Rent Act (controlled and regulated tenancies) no protected furnished tenancy or statutory furnished tenancy shall be a controlled tenancy.
In consequence of the provisions of this Act,—
in section 2(1)(b) of the Rent Act (exclusion from protection of tenancies where the rent includes payments in respect of board, attendance or use of furniture) for the words “attendance or use of furniture” there shall be sbstituted the words “ or attendance ”;
Schedule 3 to the Rent Act (grounds for possession) shall have effect subject to the modifications in Part I of Schedule 1 to this Act;
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Parts IV, IX and X of the Rent (Scotland) Act 1971 shall have effect subject to the amendments in Part III of that Schedule.
In subsection (1) of section 2 of the Rent Act (tenancies excepted from definition of “protected tenancy” after paragraph (b) there shall be inserted the following paragraphs:—
After subsection (3) of section 2 of the Rent Act there shall be added the following subsection:—
or
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In Part II of Schedule 3 to the Rent (Scotland) Act 1971 (Cases in which court must order possession of dwelling-house subject to regulated tenancy) the following Cases shall be inserted after Case 11 :—
Provided that if the court is of the opinion that, notwithstanding that the condition in paragraph (a) or paragraph (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
At the beginning of subsection (3) of section 44 of the Rent Act 1968 (no application for registration of a new rent until three years after a previous registration) there shall be inserted the words " Subject to subsection (3A) below " and at the end of that subsection there shall be added the following subsection:—
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At the beginning of subsection (1) of section 48 of that Act (effect of registration of rent) there shall be inserted the words " Subject to subsection (1A) below " and at the end of that subsection there shall be added the following subsection:—
At the beginning of subsection (3) of section 40 of the Rent (Scotland) Act 1971 (no application for registration of a new rent until three years after a previous registration) there shall be inserted the words “ Subject to subsection (3A) below ” and at the end of that subsection there shall be added the following subsection:—
At the beginning of subsection (1) of section 44 of the said Act of 1971 (effect of registration of rent) there shall be inserted the words “ Subject to subsection (1A) below ” and at the end of that subsection there shall be added the following subsection:—.
In any case where— the amount which is so registered under the relevant Part of the Rent Act shall be deemed to be registered under Part IV of that 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 commencement date.
immediately before the commencement date a dwelling is subject to a furnished letting and a rent is registered for that dwelling under the relevant Part of the Rent Act, and
on the commencement date that furnished letting becomes a protected furnished tenancy by virtue of section 1 above,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , section 40(3) of the Rent (Scotland) Act 1971 (no application for registration of a different rent to be made within 3 years of the last registration) shall not apply to an application for the registration under Part IV of the Rent Act of a rent different from that which is deemed to be registered as mentioned in subsection (1) above.
The reference in . . . , section 41(1)(b) of the Rent (Scotland) Act 1971 (certificates of fair rent) to a rent being registered for a dwelling-house does not include a rent which is deemed to be registered as mentioned in subsection (1) above.
In any case where— the notice to quit shall take effect on the day following the commencement date (whenever it would otherwise take effect) and, accordingly, on that day the protected furnished tenancy shall become a statutory furnished tenancy.
before the commencement date a notice to quit had been served in respect of a dwelling to which a furnished letting then related, and
the period at the end of which that notice to quit takes effect had, before the commencement date, been extended under the relevant Part of the Rent Act, and
that period has not expired before the commencement date, and
on the commencement date the furnished letting becomes a protected furnished tenancy by virtue of section 1 above,
In section 71 of the Rent Act 1968 (dwellings to which Part VI applies) for subsection (1) there shall be substituted the following subsections:—
In section 73(1) of the Rent Act 1968 (powers of rent tribunals on reference of Part VI contracts) in paragraph (b) (power to reduce the rent to such sum as the tribunal thinks reasonable) after the word "reduce" there shall be inserted the words " or increase " and accordingly the following provisions of that Act shall cease to have effect, namely,—
section 73(3) (under which the tribunal could, in respect of certain long-standing contracts, approve a rent higher than that payable under the contract); and
section 75(2) (under which, on a reference made after a rent had been registered, the tribunal had power to increase the rent payable).
For subsection (5) of section 73 of that Act (the tribunal need not entertain any reference made by a lessee or lessor alone if they are satisfied that the reference is frivolous or vexatious) there shall be substituted the following subsection:—
In section 74 of that Act (register of rents under Part VI contracts) after subsection (2) there shall be inserted the following subsection:—
In section 75(1) of that Act (reconsideration of rent after registration) after the words " section 74 above " there shall be inserted the words " then, subject to section 73(5) above " and the words " on the ground of change of circumstances " shall be omitted.
In section 76 of that Act (effect of registration of rent) after subsection (1) there shall be added the following subsection:—
In section 84(1) of that Act (interpretation of Part VI) after the definition of " register" there shall be inserted the following definition:—.
In section 78(1) of the Rent Act 1968 (application by lessee to rent tribunal for extension of period before notice to quit takes effect) paragraph (c) (no application may be made if the rent tribunal has previously granted an extension of less than six months) shall be omitted.
In section 80 of that Act (reduction of period of notice on account of lessee's default) at the end of paragraph (c) of subsection (2) there shall be added the words or.
In section 88(1) of the Rent (Scotland) Act 1971 (powers of rent tribunals on reference of Part VII contracts) in paragraph (b) (power to reduce the rent to such sum as the tribunal thinks reasonable) after the word “reduce” there shall be inserted the words “ or increase ”, and accordingly section 90(2) of that Act (under which, on a reference made after a rent had been registered, the tribunal had power to increase the rent payable) shall cease to have effect.
For subsection (4) of section 88 of that Act (the tribunal need not entertain any reference made by a lessee or lessor alone if they are satisfied that the reference is frivolous or vexatious) there shall be substituted the following subsection:—
In section 89 of that Act (register of rents under Part VII contracts) after subsection (2) there shall be inserted the following subsection:—.
In section 90(1) of that Act (reconsideration of rent after registration) after the words “section 89 above” there shall be inserted the words “ then, subject to section 88(4) above ” and the words “on the ground of change of circumstances” shall be omitted.
In section 91 of that Act (effect of registration of rent) after subsection (1) there shall be added the following subsection:—
“rental period”means a period in respect of which a payment of rent falls to be made
In section 93(1) of the Rent (Scotland) Act 1971 (application by lessee to rent tribunal for extension of period before notice to quit takes effect) paragraph (c) (no application may be made if the rent tribunal has previously granted an extension of less than six months) shall be omitted.
In section 95 of that Act (reduction of period of notice on account of lessee’s default) at the end of paragraph (c) of subsection (2) there shall be added the words “or
that the condition of any furniture provided for the use of the lessee under the contract has deteriorated owing to any ill-treatment by the lessee or any person residing or lodging with him”.
On and after such day as the Secretary of State may by order made by statutory instrument appoint, so much of Part II of the Housing Finance Act 1972 (rent rebates and rent allowances) as requires that, in order to qualify for an allowance, a person occupying a dwelling under a Part VI letting must be a qualified person, within the meaning of section 19(12) of that Act, shall cease to have effect.
The proviso to subsection (1) of section 25 of the Housing Finance Act 1972 (which, in the case of certain furnished lettings, determines the rent which is eligible to be met by a rebate or an allowance for the purposes of Schedule 3 to that Act) shall cease to have effect on the commencement date.
Notwithstanding anything in subsection (2) above, in the case of a person who immediately before the commencement date was a tenant under a Part VI letting, the provisions of subsection (4) below shall apply if, for an allowance period which was current on or ended immediately before the commencement date, the tenant was entitled to an allowance towards the rent payable under the Part VI letting and, in calculating that allowance for the last week of that period which ended before the commencement date, the rent which, for the purposes of Schedule 3 to the Housing Finance Act 1972, was eligible to be met by a rebate or an allowance was that determined under paragraph (a) of the proviso to section 25(1) of that Act (the occupational element of the rent or of the residue of the rent plus 25 per cent).
If, by virtue of subsection (3) above, this subsection applies in relation to a tenant, then, subject to subsection (5) below, on and after the commencement date, if and so long as— the rent which, for the purposes of Schedule 3 to the Housing Finance Act 1972, is eligible to be met by a rebate or an allowance shall, in his case, be the amount of the rent which was so eligible for the week mentioned in subsection (3) above (in this section referred to as " the former eligible rent ").
the tenant continues to occupy as his home the dwelling to which, immediately before that date, the Part VI letting referred to in subsection (3) above applied, and
the tenant continues to be entitled to an allowance towards the rent payable by him for that dwelling, and
that rent continues to include payment for the use of furniture,
For any week of an allowance period when, apart from this subsection, subsection (4) above would apply in relation to a tenant, that subsection shall cease to apply if— and, accordingly, from the beginning of that week the rent which is eligible to be met by a rebate or an allowance shall be that determined as mentioned in paragraph (a) above.
the amount determined under section 25(1) of the Housing Finance Act 1972 as the rent which is eligible to be met by a rebate or an allowance exceeds the former eligible rent, or
the rent recoverable from the tenant, exclusive of any part thereof attributable to rates, is less than the former eligible rent, or
part of the dwelling is sub-let and the former eligible rent either did not take account of the occupational element of any rent payable by a sub-tenant or took account of such an element which is less than the occupational element of the rent payable for that week by the sub-tenant,
In subsection (1) of section 25 of the Housing Finance Act 1972 after the words " of the rent" there shall be inserted, in substitution for the words there inserted by paragraph 17 of Schedule 1 to the Furnished Lettings (Rent Allowances) Act 1973, the words " (or if, in the case of an allowance, any amount falls to be deducted by virtue of paragraph 14 of Schedule 4 to this Act, the occupational element of the residue of the rent remaining after deducting those amounts) ".
Subsections (2) and (3) of the said section 25 shall be amended as follows:—
at the end of subsection (2) there shall be added the words and; and
and different provision may be made by virtue of paragraph (c) above in relation to different periods and different classes of awards or grants
In subsection (1) of section 26 of the Housing Finance Act 1972 (interpretation of Part II) in the definition of " tenant " after paragraph (c) there shall be inserted the following paragraph:—.
The said section 26 shall apply in relation to subsections (1) to (5) above as if those subsections were included in Part II of the Housing Finance Act 1972 and, without prejudice to the application of that section, the reference in subsection (3) above to a tenant under a Part VI letting includes a reference to a person who is treated as if he were a private tenant under a Part VI letting by virtue of section 19(8A) of that Act and any reference in that subsection or subsection (4) above to a Part VI letting means, in relation to a person who is so treated, the letting referred to in the said section 19(8A).
On and after such day as the Secretary of State may by order made by statutory instrument appoint, so much of section 16 of the Act of 1972 (rent allowances) as requires that, for certain persons to be or to be treated as private tenants, they must be qualified persons within the meaning of subsection (8) of that section, shall cease to have effect.
In paragraph 15(1)(g)(ii) of Schedule 3 to the Act of 1972 (which provides that in ascertaining the amount of an allowance in respect of a furnished letting a certain amount of rent payable is to be disregarded), the words " 125 per cent. of " shall cease to have effect on the commencement date.
Notwithstanding anything in subsection (2) above, in the case of a person who immediately before the commencement date was a tenant of a dwelling-house under a furnished letting, the provisions of subsection (4) below shall apply, if, for an allowance period which was current on or ended immediately before that date, the tenant was entitled to an allowance towards the rent payable under the furnished letting which was calculated, for the last week of that period which ended before that date, by reference to an amount of rent which, after making the deduction (if any) required by head (i) of paragraph 15(1)(g) of Schedule 3 to the Act of 1972, was more than the estimated fair rent referred to in head (ii) of that paragraph but not more than 125 per cent. of that estimated fair rent.
If, by virtue of subsection (3) above, this subsection applies in relation to a tenant, then, if and so long as he continues on and after the commencement date to be—
a tenant of the same dwelling-house under the same letting (whether or not it continues to be a furnished letting) and
entitled to an allowance towards the rent under the letting concerned,
the allowance shall be calculated by reference to the amount of rent referred to in subsection (3) above until— whichever is the earlier; and as from the beginning of that week the allowance shall be calculated by reference to the amount of rent to which an authority would be entitled to have regard but for this subsection.
the rent recoverable from the tenant for any week of an allowance period is less than the amount referred to in that subsection, or
the amount of rent by reference to which, but for this subsection, the allowance for any such week would be calculated is higher than the amount referred to in subsection (3) above,
Paragraph 17 of Schedule 2 to the Act of 1972 shall be amended as follows—
in sub-paragraph (1) for the words " sub-paragraph (2) below" there shall be substituted the words " the following provisions of this paragraph ";
It shall be the duty of every authority, for the purpose of computing the amount of an allowance towards the rent payable by tenants of such classes as may be prescribed who are for the time being in receipt of— to treat the rent as reduced by such amount as may be prescribed. In sub-paragraph (3) above " prescribed " means prescribed by regulations made by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Regulations under this paragraph may make different provision in relation to different periods and different classes of awards or grants.
In this section "the Act of 1972" means the Housing (Financial Provisions) (Scotland) Act 1972; and section 22 of the Act of 1972 (interpretation of Part II of that Act) shall apply in relation to this section as if it were included in that Part.
Without prejudice to the operation of section 1(1) above if, in a case where . . . , section 17 of the Rent (Scotland) Act 1971 applies (effect on sub-tenancies of determination of superior tenancy), the relevant conditions are fulfilled, the terms on which the sub-tenant is, by virtue of that subsection, deemed to become the tenant of the landlord shall not include any terms as to the provision by the landlord of furniture or services.
The relevant conditions referred to in subsection (1) above are—
that the statutorily protected tenancy which is determined as mentioned in the said section . . . 17(2) was neither a protected furnished tenancy nor a statutory furnished tenancy; and
that, immediately before the determination of that statutorily protected tenancy, the sub-tenant referred to in that section was the tenant under a protected furnished tenancy or a statutory furnished tenancy; and
that the landlord, within the period of six weeks beginning with the day on which the statutorily protected tenancy referred to in that section is determined, serves notice on the sub-tenant that this section is to apply to his statutorily protected tenancy.
In this section “statutorily protected tenancy” has the same meaning as in the said section 18(2)
After section 80 of the Rent Act 1968 there shall be inserted the following section:—
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At the end of subsection (3) of section 106 of that Act (rules as to procedure) there shall be added the words " and section 80A ".
After section 95 of the Rent (Scotland) Act 1971 there shall be inserted the following section:—
In this Act—
" the relevant Part of the Rent Act " means Part VI of the Rent Act 1968 or, as the case may require, Part VII of the Rent (Scotland) Act 1971; and
“the relevant Part of the Rent Act” means . . . , Part VII of the Rent (Scotland) Act 1971; and
" services " has the same meaning as in the relevant Part of the Rent Act.
“services” has the same meaning as in the relevant Part of the Rent Act.
" furnished letting " means a Part VI contract, as defined in section 70(6) of the Rent Act 1968 or, as the case may require, a Part VII contract, as defined in section 85(5) of the Rent (Scotland) Act 1971;
“furnished letting” means . . . , a Part VII contract, as defined in section 85(5) of the Rent (Scotland) Act 1971;
Section 1.
After Case 3 there shall be inserted the following Case:—
In the application of Case 5 (assignment or sub-letting by tenant without landlord’s consent) to a regulated furnished tenancy, for the reference to 8th December 1965 there shall be substituted a reference to the commencement date.
In the application of Case 8 (dwelling-house required for landlord or a member of his family) to a dwelling-house subject to a regulated furnished tenancy, for the reference to 23rd March 1965 there shall be substituted a reference to 24th May 1974.
In Case 9 (overcharging by tenant of his own sub-tenant)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the application of . . . , Case 11 in Schedule 3 to the Rent (Scotland) Act 1971 (right of owner-occupier to regain possession) to a dwelling-house subject to a regulated furnished tenancy, for the reference to 8th December 1965 there shall be substituted a reference to the commencement date. For the purposes of Case 11, the giving of a notice before the commencement date under . . . , section 94 of the Rent (Scotland) Act 1971 (notice by owner-occupier to person taking up furnished letting) shall be treated in the case of a regulated furnished tenancy as compliance with paragraph (a) of Case 11.
In Part III, in paragraph 2 (definition of relevant date) at the beginning of sub-paragraph (a) there shall be inserted the words “ except in the case of a regulated furnished tenancy ”, and after that sub-paragraph there shall be inserted the following sub-paragraph:—
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
In section 44(3) (circumstances in which applications may be made for variation of registered rent) after the words " terms of the tenancy " there shall be inserted the words " the quantity, quality or condition of any furniture provided for use under the tenancy (deterioration by fair wear and tear excluded) ".
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In section 46 (determination of fair rent) in subsection (1) (circumstances to be considered in determining fair rent) for the words from " age " to the end of the subsection there shall be substituted the words " age, character, locality and state of repair of the dwelling-house and, if any furniture is provided for use under the tenancy, to the quantity, quality and condition of the furniture ". At the end of subsection (3) of that section (factors to be disregarded) there shall be inserted the words and.
In the application of sections 93 to 95 (mortgages) to a dwelling-house subject to a regulated tenancy which is a regulated furnished tenancy, for any reference to 8th December 1965 there shall be substituted a reference to the commencement date.
In section 103(1)(b) (certain sublettings not to exclude any part of the lessor's premises from protection) for the words " attendance or use of furniture " there shall be substituted the words " or attendance ".
In section 105(1) (county court jurisdiction to determine certain questions) after paragraph (d) there shall be inserted the words or.
In section 106(1) (rules as to procedure) after the words " this Act" there shall be inserted the words " or the Rent Act 1974 ".
In secion 107 (powers of local authorities for the purposes of giving information) in subsection (1)(a)(iii) after the words " this Act" there shall be inserted the words " and the Rent Act 1974 ".
In Schedule 6, in paragraph 10 (procedure on application for registration of rent supported by certificate of fair rent) in sub-paragraph (1) after the words "may be, whether " there shall be inserted " (a) " and at the end of the sub-paragraph there shall be inserted the words and. In sub-paragraph (2) of that paragraph after the words " may be, that" there shall be inserted " (a) " and after the words " of the certificate " there shall be inserted the words and.
In Schedule 7, in paragraph 1 (form and content of application for certificate of fair rent) the word " and " at the end of sub-paragraph (b) shall be omitted and at the end of the paragraph there shall be inserted the words and.
In section 40(3) (circumstances in which applications may be made for variation of registered rent) after the words “terms of the tenancy” there shall be inserted the words “ the quantity, quality or condition of any furniture provided for use under the tenancy (excluding any deterioration in that furniture due to fair wear and tear) ”.
In section 42 (determination of fair rent) in subsection (1) (circumstances to be considered in determining fair rent) for the words from “age” to the end of the subsection there shall be substituted the words “ age, character, locality and state of repair of the dwelling-house and, if any furniture is provided for use under the tenancy, to the quantity, quality and condition of the furniture ”. In subsection (3) of that section (factors to be disregarded)—
In the application of sections 110 to 112 (heritable securities) to a dwelling-house subject to a regulated tenancy which is a regulated furnished tenancy, for any reference to 8th December 1965 there shall be substituted a reference to the commencement date.
In section 120(1)(b) (certain sublettings not to exclude any part of the lessor’s premises from protection) for the words “attendance or use of furniture” there shall be substituted the words “ or attendance ”.
In section 122(1) jurisdiction) in paragraph (a) after the words “this Act” there shall be inserted the words “ or the Rent Act 1974 ”.
In section 124 (rules as to procedure) after the words “this Act” there shall be inserted the words “ or the Rent Act 1974 ”.
In section 125 (powers of local authorities for the purposes of giving information) in subsection (1)(a) after the word “1965” there shall be inserted the word “ and ” and after the word “1972” there shall be inserted the words “ and the Rent Act 1974 ”.
In Schedule 6, in paragraph 10 (procedure on application for registration of rent supported by certificate of fair rent) in sub-paragraph (1) after the words “may be, whether” there shall be inserted “ (a) ” and at the end of the sub-paragraph there shall be inserted the words “and In sub-paragraph (2) of that paragraph after the words “may be, that” there shall be inserted “ (a) ” and after the words “of the certificate” there shall be inserted the words “and
In Schedule 7, in paragraph 1 (form and content of application for certificate of fair rent) the word “and” at the end of sub-paragraph (b) shall be omitted and at the end of the paragraph there shall be inserted the words;and
Section 2
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The following section shall be inserted after section 5 of the Rent (Scotland) Act 1971 :—
In section 101 of the Rent Act 1968 (provisions where tenant shares accommodation with landlord) in paragraph (c) after the words " paragraph (b) above " there shall be inserted the words " or by reason of those circumstances and the operation of section 5A of this Act ".
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After section 102 of that Act there shall be inserted the following section:—
In section 118 of the Rent (Scotland) Act 1971 (provisions where tenant shares accommodation with landlord) in paragraph (c) after the words “paragraph (b) above” there shall be inserted the words “ or by reason of those circumstances and the operation of section 5A of this Act ”.
After section 119 of that Act there shall be inserted the following section:—
Section 16(1).
In any case where— the Rent Act shall apply, subject to sub-paragraph (2) below, as if the tenancy had been granted on the commencement date and as if the condition in paragraph (b) of section 5A(1) of the Rent Act 1968 were fulfilled in relation to the grant of the tenancy. In the application of the Rent Act 1968 to a tenancy by virtue of this paragraph— In any case where paragraphs (a), (b) and (d) of sub-paragraph (1) above apply but on the commencement date the interest referred to in paragraph (c) of that sub-paragraph is vested— 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. In the application of subsection (2)(c) of section 5A of the Rent Act 1968 in a case falling within sub-paragraph (3) above, any period before the commencement date during which the interest of the landlord is vested as mentioned in that subsection shall be disregarded in calculating the period of 12 months specified therein.
In any case where— the Act of 1971 shall apply, subject to sub-paragraph (2) below, as if the tenancy had been granted on the commencement date and as if the condition in paragraph (b) of section 5A(1) of that Act were fulfilled in relation to the grant of the tenancy. In the application of the Act of 1971 to a tenancy by virtue of this paragraph— In any case where paragraphs (a), (b) and (d) of sub-paragraph (1) above apply but on the commencement date the interest of the lessor under the furnished letting is vested in the executor of a deceased person, then, if that deceased person immediately before his death occupied as his residence another dwelling-house 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. In the application of subsection (3)(c) of section 5A of the Act of 1971, in a case falling within sub-paragraph (3) above, any period before the commencement date during which the interest of the lessor is vested in the executor as mentioned in that subsection shall be disregarded in calculating the period of 12 months specified in that subsection. In this paragraph “the Act of 1971” means the Rent (Scotland) Act 1971.
This paragraph applies where the tenancy of a dwelling-house has come to an end before the commencement date and, if it had come to an end after that date, it would have then been a protected furnished tenancy. No order for possession of the dwelling-house shall be made which would not be made if the tenancy had been a protected furnished tenancy at the time it came to an end. Where a court has made an order for possession of the dwelling-house before the commencement date but the order has not been executed, the court, if of opinion that the order would not have been made if the tenancy had been a protected furnished tenancy when it came to an end, may, on the application of the person against whom it was made, rescind or vary it in such manner as the court thinks fit for the purpose of giving effect to section 1 of this Act. If the tenant under the tenancy which has come to an end duly retains possession of the dwelling-house on the commencement date without an order for possession having been made or after the rescission of such an order, he shall be deemed to do so as a statutory tenant under a regulated tenancy and, subject to sub-paragraph (8) below, as a person who became the statutory tenant on the termination of a protected tenancy under which he was the tenant; and, subject to sub-paragraphs (6) and (7) below, the tenancy referred to in sub-paragraph (1) above shall be treated, in relation to his statutory tenancy,— In any case where— the amount which is so registered under the relevant Part of the Rent Act shall be deemed to be registered under Part IV of that Act as the rent for that dwelling, and that registration shall be deemed to take effect on the commencement date. In England and Wales 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 (4) 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 23 and 24 of the Rent Act 1968. In Scotland the sheriff may by order vary all or any of the terms of the statutory tenancy imposed by sub-paragraph (4) above in any way appearing to him to be just and equitable, and whether or not in a way authorised by the provisions of sections 22 and 23 of the Rent (Scotland) Act 1971. If on the commencement date the dwelling-house is occupied by a person who would, if the tenancy had been a protected tenancy, have been the “first successor” as defined in paragraph 4 of Schedule 1 to the Rent Act—
The provisions of this paragraph shall have effect with respect to the period beginning on the commencement date and ending on the day appointed for the purposes of subsecton (1) of section 11 of this Act, and in the following provisions of this paragraph that period is referred to as " the interim period ". During the interim period every allowance scheme (including an allowance scheme which is the model scheme, as defined in section 20(7) of the Housing Finance Act 1972) shall be deemed to be varied to such extent as is necessary to take account of the provisions of subsections (2) to (5) of section 11 of this Act and of the repeals of provisions of Part II of that Act contained in Part I of Schedule 4 to this Act. No account shall be taken for the purposes of section 24 of the Housing Finance Act 1972 (publicity for schemes) of any deemed variation of a scheme which is effected by sub-paragraph (2) above. Where, during the interim period, an authority vary their allowance scheme to take account of the provisions of the subsections and of the repeals referred to in sub-paragraph (2) above, the variation shall not take effect until the day appointed as mentioned in sub-paragraph (1) above. At any time within the interim period an authority may vary their allowance scheme, with effect from the day appointed as mentioned in sub-paragraph (1) above, to take account of the modifications of Part II of the Housing Finance Act 1972 effected on and after that day by subsection (1) of section 11 of, and Part II of Schedule 4 to, this Act. In this paragraph " allowance scheme " and " authority " have the same meanings as in Part II of the Housing Finance Act 1972.
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Subsection (3) of section 20 of the Housing Finance Act 1972 (proposals for regulations varying Schedules 3 and 4 to that Act to be referred to the Advisory Committee on Rent Rebates and Rent Allowances) shall not apply to regulations which are—
made within the period of three months beginning on the commencement date ; and
expressed to be made for the purpose of making in either of those Schedules variations consequential upon provision made by virtue of paragraph (c) of section 25(3) of that Act (as set out in section 11(7) of this Act).
The provisions of this paragraph shall have effect with respect to the period beginning on the commencement date and ending on the day appointed for the purposes of subsection (1) of section 12 of this Act, and in the following provisions of this paragraph that period is referred to as " the interim period ". During the interim period every allowance scheme (including an allowance scheme which is the model scheme as denned in section 17(5) of the Act of 1972) shall be deemed to be varied to such extent as is necessary to take account of the provisions of subsections (2) to (4) of section 12 of this Act. No account shall be taken for the purposes of section 19(2) of the Act of 1972 (publicity for allowance schemes) of any deemed variation of a scheme which is effected by sub-paragraph (2) above. Where, during the interim period, an authority vary their allowance scheme to take account of the provisions of the subsections referred to in sub-paragraph (2) above, the variation shall not take effect until the day appointed as mentioned in sub-paragraph (1) above. At any time within the interim period an authority may vary, with effect from the day appointed as mentioned in sub-paragraph (1) above, their allowance scheme to take account of the modifications of section 16 of the Act of 1972 effected on and after that day by subsection (1) of section 12 of this Act. In this paragraph " the Act of 1972" means the Housing (Financial Provisions) (Scotland) Act 1972; and " allowance scheme " and " authority " have the same meanings as in Part II of the Act of 1972.
Section 16(2).
Chapter Short Title Extent of Repeal 1968 c. 23. The Rent Act 1968. In section 2(3) the words “or the use of furniture”, “or use of furniture” and “or the use”. Section 73(3). In section 75, in subsection (1) the words “on the ground of change of circumstances” and subsection (2). Section 78(1)(c). In Schedule 3, in Case 9, the wor d “also”. In Schedule 7, in paragraph 1 the word “and” at the end of sub-paragraph (b). 1971 c. 28. The Rent (Scotland) Act 1971. In section 2(3) the words “or the use of furniture”, “or use of furniture” and “or the use”. In section 88(3) the words “or this section as extended by section 90 below”. In section 89(2) the words “or that section as extended by section 90 below”. In section 90, in subsection (1) the words “on the ground of change of circumstances” and subsection (2). Section 93(1)(c). In Schedule 3, in Case 9, the wor d “also”. In Schedule 7, in paragraph 1 the word “and” at the end of sub-paragraph (b). 1972 c. 46. The Housing (Financial Provisions) (Scotland) Act 1972. In Schedule 3, in paragraph 15(1)(g)(ii) the words “125 per cent . of”. 1972 c. 47. The Housing Finance Act 1972. In section 23, in subsection (1) the words “or making orders under section 25(3A) of this Act”. In section 25, in subsection (1) the proviso, subsection (3A) and in subsection (4) the words “an d orders”. Section 89. 1973 c. 6. The Furnished Lettings (Rent Allowances) Act 1973. In Schedule 1, paragraphs 17, 19 and 20.
Chapter Short Title Extent of Repeal 1972 c. 46. The Housing (Financial Provisions) (Scotland) Act 1972 In section 16, in subsections (3), (5) and (7) the words “being a qualified person within the meaning of subsection (8) of this section”, and subsections (8), (9) and (10). 1972 c. 47. The Housing Finance Act 1972. In sectin 19, in subsections (4) and (6) the words “being a qualified person within the meaning of subsection (12) below”, in subsection (8A) paragraph (b) and the word “and” immediately preceding it and subsections (12) to (14). In section 23, in subsection (1) the words from “or to the descriptions” to the end of the subsection. In section 24, in subsection (10) the words from “or to a person” to “would be a private tenant” and in subsection (11) the words from “or for a person” to “would be a private tenant of a dwelling”. 1973 c. 6. The Furnished Lettings (Rent Allowances) Act 1973. In Schedule 1, paragraphs 10 and 12.
“protected furnished tenancy”, “regulated furnished tenancy” and “statutory furnished tenancy” shall be construed in accordance with section 1(2) above;
" the Rent Act " means, in relation to England and Wales, the Rent Act 1968 and, in relation to Scotland, the Rent (Scotland) Act 1971;
“the Rent Act” means, . . . , the Rent (Scotland) Act 1971;
Without prejudice to subsection (1) above, . . . , section 133(1) of the Rent (Scotland) Act 1971 (interpretation) shall apply for the purposes of this Act other than sections 11 and 12 above as it applies for the purposes of that Act.
Except in so far as the context otherwise requires, any reference in this Act to any other enactment shall be taken as referring to that enactment as amended by or under any other enactment, including this Act.
The transitional provisions in Schedule 3 to this Act shall have effect, notwithstanding anything in the preceding provisions of this Act.
The enactments specified in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule but, in the case of the enactments specified in Part II of that Schedule, only with effect from the day appointed for the purposes of subsection (1) of sections 11 and 12 above.
This Act may be cited as the Rent Act 1974.
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This Act and the Rent (Scotland) Acts 1971 and 1972 may be cited together as the Rent (Scotland) Acts 1971 to 1974.
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in subsection (1), after the words " this Act" there shall be inserted the words " and the Rent Act 1974 ";
at the end of paragraph (e) of subsection (2) there shall be inserted the words and.
This Act shall come into operation at the expiry of the period of two weeks beginning with the date on which it is passed.
section 11 of this Act does not extend to Scotland and sections 3(2), 4(3) and (4), 9, 10, 12 and 14(3) of this Act and Part III of Schedules 1 and 2 to this Act extend to Scotland only.
This Act does not extend to Northern Ireland.