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Housing Act 1988

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Housing Act 1988, Cross Heading: Rent and other terms is up to date with all changes known to be in force on or before 22 July 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Part I Chapter I Crossheading Rent-and-other-terms:

  • specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5

Rent and other termsE+W

13 Increases of rent under assured periodic tenancies.E+W

(1)This section applies to—

(a)a statutory periodic tenancy other than one which, by virtue of paragraph 11 or paragraph 12 in Part I of Schedule 1 to this Act, cannot for the time being be an assured tenancy; and

(b)any other periodic tenancy which is an assured tenancy, other than one in relation to which there is a provision, for the time being binding on the tenant, under which the rent for a particular period of the tenancy will or may be greater than the rent for an earlier period.

(2)For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than—

(a)the minimum period after the date of the service of the notice; and

(b)except in the case of a statutory periodic [F1 tenancy—

(i)in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began;

(ii)in any other case, on the date that falls 52 weeks after the date on which the first period of the tenancy began; and]

(c)if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14 [F2 below—

(i)in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect;

(ii)in any other case, the appropriate date]

(3)The minimum period referred to in subsection (2) above is—

(a)in the case of a yearly tenancy, six months;

(b)in the case of a tenancy where the period is less than a month, one month; and

(c)in any other case, a period equal to the period of the tenancy.

[F3(3A)The appropriate date referred to in subsection (2)(c)(ii) above is—

(a)in a case to which subsection (3B) below applies, the date that falls 53 weeks after the date on which the increased rent took effect;

(b)in any other case, the date that falls 52 weeks after the date on which the increased rent took effect.

(3B)This subsection applies where—

(a)the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 below on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies)(Rent Increases) Order 2003; and

(b)the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect.]

(4)Where a notice is served under subsection (2) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice,—

(a)the tenant by an application in the prescribed form refers the notice to [F4the appropriate tribunal]; or

(b)the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.

(5)Nothing in this section (or in section 14 below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).

14 Determination of rent by [F5tribunal].E+W

(1)Where, under subsection (4)(a) of section 13 above, a tenant refers to [F6the appropriate tribunal] a notice under subsection (2) of that section, the [F7appropriate tribunal] shall determine the rent at which, subject to subsections (2) and (4) below, the [F7appropriate tribunal] consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy—

(a)which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates;

(b)which begins at the beginning of the new period specified in the notice;

(c)the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and

(d)in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.

(2)In making a determination under this section, there shall be disregarded—

(a)any effect on the rent attributable to the granting of a tenancy to a sitting tenant;

(b)any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement—

(i)was carried out otherwise than in pursuance of an obligation to his immediate landlord, or

(ii)was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and

(c)any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.

(3)For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates or the following conditions are satisfied, namely—

(a)that it was carried out not more than twenty-one years before the date of service of the notice; and

(b)that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling-house has been let under an assured tenancy; and

(c)that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit.

F8 [( 3A )In making a determination under this section in any case where under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a hereditament ( “the relevant hereditament”) of which the dwelling-house forms part, the [F9appropriate tribunal] shall have regard to the amount of council tax which, as at the date on which the notice under section 13(2) above was served, was set by the billing authority—

(a)for the financial year in which that notice was served, and

(b)for the category of dwellings within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of council tax payable shall be disregarded.

(3B)In subsection (3A) above—

(a) “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,

(b) “billing authority” has the same meaning as in that Part of that Act, and

(c) “category of dwellings” has the same meaning as in section 30(1) and (2) of that Act.]

(4)In this section “rent” does not include any service charge, within the meaning of section 18 of the M1Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture [F10, in respect of council tax] or for any of the matters referred to in subsection (1)(a) of that section, whether or not those sums are separate from the sums payable for the occupation of the dwelling-house concerned or are payable under separate agreements.

(5)Where any rates in respect of the dwelling-house concerned are borne by the landlord or a superior landlord, the [F11appropriate tribunal] shall make their determination under this section as if the rates were not so borne.

(6)In any case where—

(a)[F12the appropriate tribunal] have before them at the same time the reference of a notice under section 6(2) above relating to a tenancy (in this subsection referred to as “the section 6 reference”) and the reference of a notice under section 13(2) above relating to the same tenancy (in this subsection referred to as “the section 13 reference”), and

(b)the date specified in the notice under section 6(2) above is not later than the first day of the new period specified in the notice under section 13(2) above, and

(c)the [F13appropriate tribunal] propose to hear the two references together,

the [F13appropriate tribunal] shall make a determination in relation to the section 6 reference before making their determination in relation to the section 13 reference and, accordingly, in such a case the reference in subsection(1)(c) above to the terms of the tenancy to which the notice relates shall be construed as a reference to those terms as varied by virtue of the determination made in relation to the section 6 reference.

(7)Where a notice under section 13(2) above has been referred to [F14the appropriate tribunal], then, unless the landlord and the tenant otherwise agree, the rent determined by [F15the appropriate tribunal] (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the new period specified in the notice or, if it appears to [F16the appropriate tribunal] that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent is determined) as [F15the appropriate tribunal] may direct.

(8)Nothing in this section requires [F17the appropriate tribunal] to continue with their determination of a rent for a dwelling-house if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.

[F18(9)This section shall apply in relation to an assured shorthold tenancy as if in subsection (1) the reference to an assured tenancy were a reference to an assured shorthold tenancy.]

Textual Amendments

F8S. 14(3A)(3B) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 17(2)

F10Words in s. 14(4) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 17(3)

F18S. 14(9) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(2); S.I. 1997/225, art. 2 (with Sch.)

Modifications etc. (not altering text)

Marginal Citations

[F1914A Interim increase before 1st April 1994 of rent under assured periodic tenancies in certain cases where landlord liable for council taxE+W

(1)In any case where—

(a)under Part I of the Local Government Finance Act 1992 the landlord of a dwelling-house let under an assured tenancy to which section 13 above applies or a superior landlord is liable to pay council tax in respect of a dwelling (within the meaning of that Part of that Act) which includes that dwelling-house,

(b)under the terms of the tenancy (or an agreement collateral to the tenancy) the tenant is liable to make payments to the landlord in respect of council tax,

(c)the case falls within subsection (2) or subsection (3) below, and

(d)no previous notice under this subsection has been served in relation to the dwelling-house,

the landlord may serve on the tenant a notice in the prescribed form proposing an increased rent to take account of the tenant’s liability to make payments to the landlord in respect of council tax, such increased rent to take effect at the beginning of a new period of the tenancy specified in the notice being a period beginning not earlier than one month after the date on which the notice was served.

(2)The case falls within this subsection if—

(a)the rent under the tenancy has previously been increased by virtue of a notice under section 13(2) above or a determination under section 14 above, and

(b)the first anniversary of the date on which the increased rent took effect has not yet occurred.

(3)The case falls within this subsection if a notice has been served under section 13(2) above before 1st April 1993 but no increased rent has taken effect before that date.

(4)No notice may be served under subsection (1) above after 31st March 1994.

(5)Where a notice is served under subsection (1) above, the new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice—

(a)the tenant by an application in the prescribed form refers the notice to [F20the appropriate tribunal], or

(b)the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.

(6)Nothing in this section (or in section 14B below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).]

Textual Amendments

F19Ss. 14A, 14B inserted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para. 8

F2214B Interim determination of rent by [F21the appropriate tribunal]E+W

(1)Where, under subsection (5)(a) of section 14A above, a tenant refers to [F23the appropriate tribunal] a notice under subsection (1) of that section, the [F24appropriate tribunal] shall determine the amount by which, having regard to the provisions of section 14(3A) above, the existing rent might reasonably be increased to take account of the tenant’s liability to make payments to the landlord in respect of council tax.

(2)Where a notice under section 14A(1) above has been referred to [F25the appropriate tribunal], then, unless the landlord and the tenant otherwise agree, the existing rent shall be increased by the amount determined by the [F26appropriate tribunal] with effect from the beginning of the new period specified in the notice or, if it appears to the [F26appropriate tribunal] that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the increase is determined) as the [F26appropriate tribunal] may direct.

(3)In any case where—

(a)[F27the appropriate tribunal] have before them at the same time the reference of a notice under section 13(2) above relating to a tenancy (in this subsection referred to as “the section 13 reference”) and the reference of a notice under section 14A(1) above relating to the same tenancy (in this subsection referred to as “the section 14A reference”); and

(b)the [F28appropriate tribunal] propose to hear the two references together,

the [F28appropriate tribunal] shall make a determination in relation to the section 13 reference before making their determination in relation to the section 14A reference, and if in such a case the date specified in the notice under section 13(2) above is later than the date specified in the notice under section 14A(1) above, the rent determined under the section 14A reference shall not take effect until the date specified in the notice under section 13(2).

(4)In this section “rent” has the same meaning as in section 14 above; and section 14(4) above applies to a determination under this section as it applies to a determination under that section.

15 Limited prohibition on assignment etc. without consent.E+W

(1)Subject to subsection (3) below, it shall be an implied term of every assured tenancy which is a periodic tenancy that, except with the consent of the landlord, the tenant shall not—

(a)assign the tenancy (in whole or in part); or

(b)sub-let or part with possession of the whole or any part of the dwelling-house let on the tenancy.

(2)Section 19 of the M2Landlord and Tenant Act 1927 (consents to assign not to be unreasonably withheld etc.) shall not apply to a term which is implied into an assured tenancy by subsection (1) above.

(3)In the case of a periodic tenancy which is not a statutory periodic tenancy [F29or an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989] subsection (1) above does not apply if—

(a)there is a provision (whether contained in the tenancy or not) under which the tenant is prohibited (whether absolutely or conditionally) from assigning or sub-letting or parting with possession or is permitted (whether absolutely or conditionally) to assign, sub-let or part with possession; or

(b)a premium is required to be paid on the grant or renewal of the tenancy.

(4)In subsection (3)(b) above “premium” includes—

(a)any fine or other like sum;

(b)any other pecuniary consideration in addition to rent; and

(c)any sum paid by way of deposit, other than one which does not exceed one-sixth of the annual rent payable under the tenancy immediately after the grant or renewal in question.

[F3015ALoss of assured tenancy statusE+W

(1)Subsection (2) applies if, in breach of an express or implied term of the tenancy, a tenant of a dwelling-house let under an assured tenancy to which this section applies—

(a)parts with possession of the dwelling-house, or

(b)sub-lets the whole of the dwelling-house (or sub-lets first part of it and then the remainder).

(2)The tenancy ceases to be an assured tenancy and cannot subsequently become an assured tenancy.

(3)This section applies to an assured tenancy—

(a)under which the landlord is a private registered provider of social housing or a registered social landlord, and

(b)which is not a shared ownership lease.

(4)In this section “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996.

(5)In this section “shared ownership lease” means a lease of a dwelling-house—

(a)granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

(b)under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.]

Textual Amendments

16 Access for repairs.E+W

It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

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