C1Part V Rents Under Restricted Contracts

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 continued (W.) (in relation to an occupation contract which immediately before 1.12.2022 was a restricted contract) by The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (S.I. 2022/1172), regs. 1(2), 14 (with reg. 19)

Miscellaneous and general

85 Interpretation of Part V.

1

In this Part of this Act, except where the context otherwise requires,—

  • F3“appropriate tribunal” means—

    1. a

      in relation to a dwelling in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

    2. b

      in relation to a dwelling in Wales, a rent assessment committee;

  • “dwelling” means a house or part of a house;

  • “lessee” means the person to whom is granted, under a restricted contract, the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantee;

  • “lessor” means the person who, under a restricted contract, grants to another the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantor;

  • “register” means the register kept F1... in pursuance of section 79 F2or 79A of this Act;

  • F4...

  • “services” includes attendance, the provision of heating or lighting, the supply of hot water and any other privilege or facility connected with the occupancy of a dwelling, other than a privilege or facility requisite for the purposes of access, cold water supply or sanitary accommodation.

2

References in this Part of this Act to a party to a contract include references to any person directly or indirectly deriving title from such a party.

3

Where separate sums are payable by the lessee of any dwelling to the lessor for any two or more of the following:—

a

occupation of the dwelling,

b

use of furniture, and

c

services,

any reference in this Part of this Act to “rent” in relation to that dwelling is a reference to the aggregate of those sums and, where those sums are payable under separate contracts, those contracts shall be deemed to be one contract.

4

The references in sections 79(3) F5, 79A(3) and 81(2) of this Act to rates, in respect of a dwelling, include references to such proportion of any rates in respect of a hereditament of which the dwelling forms part as may be agreed in writing between the lessor and the lessee or determined by the county court.