81 Effect of registration of rent.E+W
(1)Where the rent payable for any dwelling is entered in the register under section 79 of this Act, it shall not be lawful to require or receive on account of rent for that dwelling under a restricted contract payment of any amount in excess of the rent so registered—
(a)in respect of any period subsequent to the date of the entry, or
(b)where a particular period is specified in the register, in respect of that period.
(2)Where subsection (3) of section 79 applies, the amount entered in the register under that section shall be treated for the purposes of this section as increased for any rental period by the amount of the rates for that period, ascertained in accordance with Schedule 5 to this Act.
(3)Where any payment has been made or received in contravention of this section, the amount of the excess shall be recoverable by the person by whom it was paid.
(4)Any person who requires or receives any payment in contravention of this section shall be liable to a fine not exceeding [F1level 3 on the standard scale] or to imprisonment for a term not exceeding 6 months or both, and, without prejudice to any other method of recovery, the court by which a person is found guilty of an offence under this subsection may order the amount paid in excess to be repaid to the person by whom the payment was made.
(5)Proceedings for an offence under this section shall not be instituted otherwise than by the local authority.
Textual Amendments
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46