Housing Act 1969

Amount to be apportioned to services

5 (1) Where the registered rent includes a payment in respect of services provided by the landlord or a superior landlord, then if—

(a) the rent is not registered as a variable rent in accordance with section 47(4) of the Rent Act 1968 ; but

(b) not less than 10 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 provision of the services ;

the amount so attributable shall be noted in the register.

(2) Where it appears to the rent officer or rent assessment committee that some amount was in the previous limit attributable to the provision of services by the landlord or a superior landlord and was less than the amount noted in pursuance of sub-paragraph (1) of this paragraph, then—

(a) if the amount so attributable can be ascertained the difference between it and the amount so noted shall be the amount apportioned to the services ;

(b) if the amount so attributable cannot be ascertained it shall be taken to be an amount bearing to the previous limit the same proportion as the amount noted in pursuance of sub-paragraph (1) of this paragraph bears to the amount of the registered rent, and the difference between the amount so taken and the amount so noted shall be the amount apportioned to the services ;

and the amount apportioned to the services in accordance with this sub-paragraph shall also be noted in the register.

(3) Where it appears to the rent officer or rent assessment committee that no amount was in the previous limit attributable to the provision of services by the landlord or a superior landlord, the amount noted in pursuance of sub-paragraph (1) of this paragraph shall be the amount apportioned to the services and shall be noted as such in the register.