4(1)In relation to a rent registered or to be registered for a dwelling-house on an application made with reference to a regulated tenancy arising by virtue of Part I of the M1Landlord and Tenant Act 1954, [F1the Rent Act 1977] shall have effect subject to the provisions of this paragraph.E+W
(2)An application for the registration of a rent may be made by the landlord or the tenant, or jointly by the landlord and the tenant, before the commencement of the statutory tenancy, but not before the terms of that tenancy other than the amount of the rent have been agreed or determined in accordance with section 7 of the Landlord and Tenant Act 1954; and the provisions of the [F2Rent Act 1977] (including the provisions of [F3section 72] as to the date from which the registration takes effect) shall apply accordingly.
(3)Where a rent is registered in pursuance of an application made by virtue of sub-paragraph (2) above, then a notice under [F4section 45(2)(b) of the Rent Act 1977] increasing the rent payable may, if the notice is given within four weeks after the date on which the rent is registered, specify as the date from which the increase is to take effect any date not earlier than the commencement of the tenancy nor earlier than the date from which the registration takes effect.
(4)Where initial repairs (within the meaning of Part I of the Landlord and Tenant Act 1954) remain to be carried out to the dwelling-house, then in determining what rent is or would be a fair rent regard shall be had under [F2section 70(1) of the Rent Act 1977] to the state of repair which may be expected to subsist after the completion of the initial repairs.
(5)The provisions of [F1the Rent Act 1977] as to the amount of the rent recoverable shall be taken as applying to the amount before account is taken of the provisions of the Landlord and Tenant Act 1954 as to initial repairs.
(6)Any entry in the register of a rent or of its confirmation by the rent assessment committee shall indicate that the rent is registered on an application made with reference to a statutory tenancy arising by virtue of Part I of the Landlord and Tenant Act 1954.
Textual Amendments
F1Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 46 (a)
F2Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 46 (f)
F3Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 46 (d)
F4Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 46 (e)
Marginal Citations