Fire Precautions Act 1971

Steps mentioned in certain notices under this Act to count as improvements for certain purposes of Rent Act 1968

1 (1) The following provisions of this paragraph apply where a dwelling which is the subject of a regulated or controlled tenancy consists of or is comprised in premises with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling as a dwelling.

(2) Subject to the following provisions of this paragraph, the amount of any expenditure incurred by the landlord or a superior landlord in taking in relation to the relevant building a step mentioned in a notice served in connection with the premises under section 5(4), 8(4) or (5) or 12(8)(b) of this Act shall for the purposes of the Rent Act 1968 be treated (whether or not apart from this paragraph it would be so treated) as expenditure incurred by the landlord or superior landlord on an improvement effected in the dwelling.

(3) If from the taking in relation to the relevant building of any such step as is referred to in sub-paragraph (2) above there accrues benefit not only to the dwelling but also to other premises of the landlord or superior landlord comprised in the relevant building, the amount to be treated as mentioned in that sub-paragraph shall be so much only of the expenditure as may be determined, by agreement in writing between the landlord and the tenant or by the county court, to be properly apportionable to the dwelling, having regard to the benefit accruing, from the taking of the step, to the dwelling and to the other premises.

(4) Any apportionment made by the county court under sub-paragraph (3) above shall be final and conclusive.

(5) For the purposes of this paragraph the amount of any expenditure shall be treated as diminished by the amount of any grant paid in respect of that expenditure under any enactment.

(6) Any such step as is referred to in sub-paragraph (2) above shall for the purposes of the following provisions, namely—

(a) sections 25(3) and 59 of the Rent Act 1968 (right of tenant in certain cases to challenge amount of expenditure on improvements); and

(b) section 53 of the [1969 c. 33.] Housing Act 1969 (by virtue of which the provisions of sections 21(5) and 25(1) of the Rent Act 1968. as to the effect of improvements on the limit of rent before registration do not apply to improvements with respect to which a grant under Part I of the Housing Act 1969. is payable or has been paid),

be treated (whether or not apart from this paragraph it would be so treated) as an improvement; but no application shall be made under section 25(3) or 59 of the [1968 c. 23.] Rent Act 1968 on the ground that an improvement consisting of such a step was unnecessary.

(7) The power of the Lord Chancellor under section 106 of the Rent Act 1968 to make rules and give directions for the purpose of giving effect to certain provisions of that Act shall extend to the provisions of this paragraph.

(8) Expressions used in this paragraph and in the Rent Act 1968 have the same meaning in this paragraph as in that Act.

2 (1) In relation to a dwelling-house consisting of or comprised in premises—

(a) with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling-house as a dwelling ; or

(b) which are the subject of an application for a fire certificate specifying as a use of the premises which it is desired to have covered by the certificate a use such that, if a certificate covering that use were issued, it would cover (in whatever terms) the use of the dwelling-house as a dwelling,

section 45 of, and Schedule 7 to, the Rent Act 1968 (which relate to certificates of fair rent) shall have effect as if in subsection (1)(a) of that section the reference to making improvements in the dwelling-house included a reference to taking in relation to the relevant building any steps mentioned in a notice served, in connection with the premises under section 5(4), 8(4) or (5) or 12(8)(b) of this Act; and any step mentioned in such a notice shall for the purposes of the said section 45 and Schedule 7, in their application to such a dwelling-house, be treated (whether or not apart from this paragraph it would be so treated) as an improvement.

(2) In this paragraph " dwelling-house " has the same meaning as in the Rent Act 1968.