(1)In determining whether a long tenancy was, at any time,—
(a)a tenancy at a low rent within the meaning of the M1Rent Act 1968; or
(b)a tenancy to which, by virtue of section 12(7) of the Act of 1920, the Rent Acts did not apply;
there shall be disregarded such part (if any) of the sums payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, [F1council tax,]services, repairs, maintenance, or insurance, unless it could not have been regarded by the parties as a part so payable.
(2)In subsection (1) above—
“long tenancy” means a tenancy granted for a term certain exceeding 21 years, other than a tenancy which is, or may become, terminable before the end of that term by notice given to the tenant;
“the Act of 1920” means the M2Increase of Rent and Mortgage Interest (Restrictions) Act 1920; and
“the Rent Acts” means the Rent and Mortgage Interest Restrictions Acts 1920 to 1939.
Textual Amendments
F1Words in s. 146(1) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 11
Marginal Citations
(1)No distress for the rent of any dwelling-house let on a protected tenancy or subject to a statutory tenancy shall be levied except with the leave of the county court; and the court shall, with respect to any application for such leave, have the same or similar powers with respect to adjournment, stay, suspension, postponement and otherwise as are conferred by section 100 of this Act in relation to proceedings for possession of such a dwelling-house.
(2)Nothing in subsection (1) above shall apply to distress levied under [F2section 102 of the County Courts Act 1984].
Textual Amendments
F2Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 para. 67
It shall be a condition of a protected tenancy of a dwelling-house that the tenant shall afford to the landlord access to the dwelling-house and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.