Rent Act 1977

Steps mentioned in certain notices under the [1971 c. 40.] Fire Precautions Act 1971 to count as improvements for certain purposes of this Act

1 (1) This paragraph applies 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) The amount of any expenditure incurred by the landlord in taking, in relation to the relevant building, a step mentioned in a fire precaution notice served in connection with the premises, shall for the purposes of this Act be treated (whether or not apart from this paragraph it would be so treated) as expenditure incurred by the 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 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 the other premises.

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

(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 purpose of sections 35 and 48(4), (6) of this Act be treated (whether or not apart from this paragraph it would be so treated) as an improvement.

(7) No application shall be made under section 35 or 48(4) of this Act on the ground that an improvement consisting of such a step was unnecessary.

2 (1) This paragraph applies 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.

(2) In a case to which this paragraph applies—

(a) section 69 of, and Schedule 12 to, this Act 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 step mentioned in a fire precaution notice served in connection with the premises ; and

(b) any step mentioned in such a notice shall for the purposes of section 69 and Schedule 12, 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.