Housing Act 1980

Section 77.

SCHEDULE 10 Amendment of Part VI of Rent Act 1977

1 (1) Section 86 of the 1977 Act is amended as follows.

(2) In subsection (2) after the word " tenancy", where it first occurs, there are inserted the words " (other than a co-ownership tenancy) ".

(3) In subsection (3), for the words from " is a registered society " to the end there are substituted the words " falls within section 15(3)(c)of this Act ".

(4) After subsection (3) there is inserted the following subsection—

“(3A) For the purposes of this section a tenancy is a ' co-ownership tenancy' if—

(a) it was granted by a housing association which falls within section 15(3)(d) of this Act; and

(b) the tenant (or his personal representatives) will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any conditions stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling-house.”.

(5) For subsection (4) there is substituted the following subsection—

“(4) In this Part of this Act " housing trust" has the same meaning as in section 15 of this Act.”.

2 (1) For section 89 of the 1977 Act (phasing of progression to registered rent) there is substituted the following section—

“89 Phasing of progression to registered rent.

(1) This section applies where a rent is registered for a dwelling-house (whether it is the first or any subsequent registration) unless at the date of registration there is no tenant and no person to whom a tenancy has been granted.

(2) The rent for any rental period, or part of a rental period, falling within the period of delay imposed by Schedule 8 to this Act may be increased in accordance with that Schedule.

(3) A notice of increase which purports to increase the rent further than permitted by Schedule 8 shall have effect to increase it to the extent permitted, but no further.

(4) Nothing in this section or in Schedule 8 prevents or limits any increase in rent by virtue of section 71(4) of this Act as applied by section 87(2) of this Act.”.

(2) In relation to a rent registered before the commencement of sub-paragraph (1) above, that sub-paragraph and Schedule 8 to the 1977 Act as applied by that sub-paragraph are subject to the following modifications.

(3) The period of delay is a period ending one year after the end of the stage (within the meaning of section 89 of the 1977 Act as originally enacted) which last began before the commencement of sub-paragraph (1) above ; and—

(a) for any period falling within that stage section 89 applies as originally enacted ; and

(b) for any later period falling within the period of delay the permitted increase is whichever of the following is the greater—

(i) the increase that would have been permitted if this Act had not been passed ; and

(ii) the increase that would be permitted under Schedule 8 to the 1977 Act if the formula set out in paragraph 3 fas substituted by section 60(3) of this Act) were

3 Sections 90 (special rent limit where previous rent limit exceeds registered rent) and 91 (procedure on application to Secretary of State under section 90) of the 1977 Act are hereby repealed.

4 In section 92 (conversion of housing association tenancies into regulated tenancies) in subsection (1) the words " in such form as may be prescribed " are hereby repealed.

5 (1) Section 93 of the 1977 Act (increase of rent without notice to quit) is amended as follows.

(2) In subsection (1), for the words from " given by the landlord " to the end there are substituted the words " specifying the date on which the increase is to take effect and given by the landlord to the tenant not later than four weeks before that date. ".

(3) For subsection (2) there is substituted the following subsection—

“(2) Where a notice of increase is given under subsection (1) above and the tenant, before the date specified in the notice of increase, gives a valid notice to quit, the notice of increase does not take effect unless the tenant, with the written agreement of the landlord, withdraws his notice to quit before that date.”.

(4) Subsection (3) is hereby repealed.

(5) This paragraph only applies to notices of increase given after the commencement of this paragraph.