Rent (Agriculture) Act 1976

Section 32.

SCHEDULE 7 Amendments of [1972 c. 47.] Housing Finance Act 1972

1 After section 19(6A) insert the following subsection—

“(6B) A person is also a private tenant if he is a statutory tenant under the Rent (Agriculture) Act 1976 and the rent payable under his tenancy is not less than two-thirds of the rateable value which is or was the rateable value of his dwelling on the appropriate day for the purposes of the Rent Act 1968.”

2 After section 24(10) (statutory particulars of scheme to be given to new tenant) insert the following subsection—

“(10A) Where a person—

(a) first becomes a qualifying agricultural tenant of a dwelling, and

(b) is then a statutory tenant in his own right, or a statutory tenant by succession whose predecessor was not at any time a qualifying agricultural tenant of the dwelling,

subsection (10) above shall apply as if his landlord then granted him a new tenancy. In this subsection ' statutory tenant in his own right' and ' statutory tenant by succession' have the same meanings as in the Rent (Agriculture) Act 1976.”

3 (1) Section 26(1) (definitions) shall be amended as follows.

(2) After the definition of " private tenant" insert the following words—

• “' qualifying agricultural tenant ' means a private tenant who is a statutory tenant under the Rent (Agriculture) Act 1976”.

(3) In the definition of "landlord" after the words "Rent Act 1968 " insert the words " or the Rent (Agriculture) Act 1976 ".

(4) In the definition of " sub-let" after the words " statutory tenancy as defined in the Rent Act 1968" insert the words " or under a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976 ".

4 In Schedule 3 after paragraph 1 insert the following paragraph—

“1A (1) A scheme, in so far as it applies to a qualifying agricultural tenant, shall not be confined to rental periods beginning on or after the date when the scheme is made or comes into operation.

(2) Paragraph 1 of this Schedule, and paragraph 4(1) of Schedule 4 to this Act, have effect subject to this paragraph.”

5 In Schedule 4 after paragraph 14 insert the following paragraph—

“14A (1) In ascertaining the amount of an allowance where the rent is payable by a qualifying agricultural tenant, the authority shall disregard—

(a) if a rent is registered for the dwelling under Part IV of the Rent Act 1968, any rent paid in excess of that rent or in excess of the rent limit under Schedule 6 to the Rent (Agriculture) Act 1976,

(b) if no rent is so registered, any rent paid in excess of the fair rent for the dwelling, as estimated by the authority on the basis that any furniture, services or board provided under the tenancy are disregarded except, as respects furniture or services, to the extent that they would fall to be taken into account (in pursuance of regulations made under section 25(3) of this Act) in calculating the occupational element of the rent.

(2) Nothing in sub-paragraph (1) above shall affect the operation of paragraph 17 of Schedule 3 to this Act.

(3) Where a tenant has paid on account of rent any amount which, by virtue of Part II or III of the Rent (Agriculture) Act 1976, is irrecoverable, the authority shall ascertain what the amount of the allowance would have been if the tenant had not paid the rent which is irrecoverable ; and the excess of the allowance actually made over that amount shall be treated for the purposes of paragraph 9 of this Schedule as an allowance which has been wrongly granted.

(4) For the purpose of estimating a fair rent under this paragraph an authority may consult any rent officer appointed by virtue of section 40 of the Rent Act 1968 for the registration area in which the dwelling is situated.”

6 In section 11(6) of the [1974 c. 51.] Rent Act 1974 (which amends section 25(1) of the [1972 c. 47.] Housing Finance Act 1972 and refers to paragraph 14 of Schedule 4 to that Act) after the words " paragraph 14 " insert the words " or 14A ".

Transitional

7 (1) If the rent book or other document in which a landlord is required to insert statutory particulars by section 24(11) was issued before the prescribed date to a private tenant who was a statutory tenant under this Act, the landlord shall insert the statutory particulars in it not later than the expiration of a period of five months beginning with the prescribed date; but he shall insert them in any rent book or similar document issued to such a tenant on or after the prescribed date before issuing it to the tenant.

(2) Sub-paragraph (1) above has effect in relation to a statutory tenant under this Act in substitution for the words in section 24(11) from " If the rent book " onwards.

(3) The rental periods to which paragraph 1A of Schedule 3 (as amended by this Schedule) applies include any rental period beginning before the prescribed date.

(4) In this paragraph the " prescribed date" means the date prescribed under section 32 of this Act.