40.—(1) A tenancy of a dwelling-house is subject to rent control if the tenancy is for the time being a protected tenancy or a statutory tenancy.
(2) A tenancy of a dwelling-house is subject to rent control if–
(a)the tenancy–
(i)is not a protected tenancy or a statutory tenancy, but
(ii)is a private tenancy granted on or after the commencement of this Order; and
(b)the dwelling-house–
(i)was constructed before 6th November 1956 or was provided by conversion of a building that was constructed before that date, and
(ii)does not meet the appropriate standard of fitness.
(3) A dwelling-house does not meet the appropriate standard of fitness unless–
(a)it is a prescribed dwelling-house, or
(b)a certificate of fitness is in effect in respect of it.
(4) A tenancy which is subject to rent control is referred to in this Chapter as a “controlled tenancy”.