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Rent (Agriculture) Act 1976

Status:

This is the original version (as it was originally enacted).

Schedule 6Phasing of Rent Increases

Interpretation

1(1)In this Schedule—

  • " noted amount" means an amount noted under paragraph 2(1) below;

  • " period of delay " means a period of two years beginning with the date of registration of a rent;

  • " permitted increase " means the amount by which the rent for any rental period may be increased ;

  • " previous rent limit " means, subject to sub-paragraph (2) below, the amount which at the date of registration was recoverable by way of rent or would have been so recoverable upon service of a notice or notices of increase under section 14 of this Act;

  • " service element" means any amount calculated under paragraph 2 below;

  • " services" means services provided by the landlord or a superior landlord;

  • " specified sum " means £0.40 per week for a period which falls within the first year of the period of delay and £0.80 per week for a period which falls within the second year.

(2)The Secretary of State may by order substitute for the specified sum, in relation to the first year of the period of delay or the second, or to the whole period, a sum other than the sum mentioned in sub-paragraph (1) above.

(3)An order made under sub-paragraph (2) above—

(a)may apply to any specified description of dwelling-houses,

(b)may contain transitional and other supplemental and incidental provisions,

(c)may be varied or revoked by a subsequent order so made,

and

(d)shall be contained in a statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Service element

2(1)Where—

(a)the registered rent includes a payment in respect of services, and

(b)the rent is not registered as a variable rent in accordance with section 47(4) of the Rent Act 1968 as applied by section 13 of this Act, but

(c)not less than 5 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 services,

the amount so attributable shall be noted in the register.

(2)In the cases mentioned in the first column of the Table below, the amount of the service element shall be calculated as specified in the second column.

Table

Calculation of Service Element

CaseService element
Case A. A specified amount or proportion was in the previous rent limit attributable to the provision of services, and came to less than the noted amount.The service element is the difference between the amount or proportion and the noted amount.
Case B. No amount or proportion attributable to the provision of services is specified, but an amount less than the noted amount appears to the rent officer or rent assessment committee to have been attributable to such provision.

The service element is the difference between—

(a) an amount bearing to the previous rent limit the same proportion as the noted amount bears to the registered rent, and

(b) the noted amount.

Case C. No amount appears to the rent officer or rent assessment committee to have been attributable in the previous rent limit to the provision of services.The service element is the noted amount.

(3)The amount of the service element shall be recorded in the register, and in Case C above may be recorded by adding to the note under sub-paragraph (1) above a statement that the noted amount is the service element.

General formulae for calculating increases in rent

3(1)Subject to sub-paragraph (4) below, the permitted increase is an increase to an amount calculated in accordance with the formula set out in sub-paragraph (2) or (3) below, where PRL is the previous rent limit, SE is the service element, RR is the registered rent and SS is the specified sum.

(2)The permitted increase for a period which falls within the first year of the period of delay is an increase to the greater of the following amounts namely—

(a)PRL+SE +1/3 [RR-(PRL+SE)] ;

(b)PRL+SE+SS.

(3)The permitted increase for a period which falls within the second year of the period of delay is an increase to the greater of the following amounts, namely—

(a)PRL+SE+2/3 [RR-(PRL+SE)] ;

(b)PRL+SE+SS.

(4)The maximum permitted increase by virtue of this Schedule is an increase to the registered rent.

Subsequent registrations

4(1)Where the registration of the rent is in a period of delay beginning with an earlier registration—

(a)from the date of the registration the limitation under the period of delay beginning with the earlier registration shall cease to apply ; and

(b)a fresh period of delay shall begin with the later registration.

(2)This Schedule shall apply in relation to any such case as if the previous rent limit were the aggregate of the limit at the date of the earlier registration and any addition permitted under this Schedule in the portion of the earlier period of delay which elapsed before the later registration.

General

5The amount of any service element or of any amount sought to be noted in the register in pursuance of this Schedule shall be included among the matters with respect to which representations may be made or consultations are to be held or notices given under Part I of Schedule 6 to the Rent Act 1968 as applied by section 13 of this Act.

6In ascertaining for the purposes of this Schedule whether there is any difference between amounts, or what that difference is, such adjustments shall be made as may be necessary to take account of periods of different lengths ; and for that purpose a month shall be treated as one-twelfth and a week as one-fifty-second of a year.

7(1)Where a registration takes effect from a date earlier than the date of registration, references in this Schedule to the date of registration shall nonetheless be references to the later date.

(2)Where a rent determined by a rent assessment committee is registered in substitution for a rent determined by a rent officer, the preceding provisions of this Schedule shall have effect as if only the rent determined by the rent assessment committee had been registered ; but the date of registration shall be deemed for the purposes of this Schedule (but not for the purposes of section 14(2) of this Act) to be the date on which the rent determined by the rent officer was registered.

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