Part IE+W+S Amendments of Schedule 3 to Rent Act
1E+W+SAfter Case 3 there shall be inserted the following Case:—
“ Case 3AE+W+S
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.”
Modifications etc. (not altering text)
C1The text of Sch. 1 paras. 1, 4(1), 6, 7, 17, 18, 20–25, Sch. 2 paras. 2, 5, 6, Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
2E+W+SIn 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.
3E+W+SIn 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.
4(1)In Case 9 (overcharging by tenant of his own sub-tenant)—E+W+S
(a)after the words “by the tenant” there shall be inserted “ (a) ” and the word “also” shall be omitted ; and
(b)subject to sub-paragraph (2) below, at the end of the Case there shall be added the words “ or
(b)for any sublet part of the dwelling-house which is subject to a contract to which Part VI of this Act applies is or was in excess of the maximum (if any) which it is lawful for the lessor, within the meaning of that Part, to require or receive having regard to the provisions of that Part”.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
F1Sch. 1 para. 4(2) repealed by Rent Act 1977 (c. 42, SIF 75:3), s. 155, Sch. 25 (subject to the savings and transitional provisions in Sch. 24)
Modifications etc. (not altering text)
C2The text of Sch. 1 para. 4(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C3The text of Sch. 1 paras. 1, 4(1), 6, 7, 17, 18, 20–25, Sch. 2 paras. 2, 5, 6, Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
5(1)In the application of . . . F2, Case 11 in Schedule 3 to the M1Rent (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.E+W+S
(2)For the purposes of [F3Case 11], the giving of a notice before the commencement date under . . . F2, 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 [F3Case 11].
Textual Amendments
F2Words repealed by Rent Act 1977 (c. 42, SIF 75:3), s. 155, Sch. 25 (subject to the savings and transitional provisions in Schedule 24)
F3Words substituted by Rent Act 1977 (c. 42, SIF 75:3), s. 155, Sch. 23 para. 68(b) (subject to the savings and transitional provisions in Schedule 24)
Marginal Citations
6E+W+SIn 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:—
“(aa)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 the commencement date, within the meaning of the Rent Act 1974, the relevant date means the date on which expires the period of six months beginning on that commencement date ; and”
Modifications etc. (not altering text)
C4The text of Sch. 1 paras. 1, 4(1), 6, 7, 17, 18, 20–25, Sch. 2 paras. 2, 5, 6, Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
7E+W+SIn Part IV, in paragraph 3 (meaning of suitable alternative accommodation) the following words shall be added at the end of sub-paragraph (1):—
“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”.
Modifications etc. (not altering text)
C5The text of Sch. 1 paras. 1, 4(1), 6, 7, 17, 18, 20–25, Sch. 2 paras. 2, 5, 6, Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.