Modifications etc. (not altering text)
C1S. 47, 48, 50, 51, Pt. IV(ss. 79–117) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61
C2Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)
C3Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))
(1)This section applies where a person (the “improving tenant”) who is or was the secure tenant of a dwelling-house has lawfully made an improvement and has borne the whole or part of its cost; and for the purposes of this section a person shall be treated as having borne any cost which he would have borne but for an improvement grant, intermediate grant, special grant or [F1, repairs grant or common parts grant] under Part XV.
[F2(1A)In subsection (1)—
(a)the reference to an improvement grant under Part XV includes a reference to a renovation grant, disabled facilities grant or HMO grant under Part VIII of the Local Government and Housing Act 1989; and
(b)the reference to a common parts grant under Part XV includes a reference to a common parts grant under the said Part VIII.]
(2)In determining, at any time whilst the improving tenant or his qualifying successor is a secure tenant of the dwelling-house, whether or to what extent to increase the rent, the landlord shall treat the improvement as justifying only such part of an increase which would otherwise be attributable to the improvement as corresponds to the part of the cost which was not borne by the tenant (and accordingly as not justifying an increase if he bore the whole cost).
(3)The following are qualifying successors of an improving tenant—
(a)a person in whom the tenancy was vested under section 89 (succession to periodic tenancy) on the death of the tenant;
(b)a person to whom the tenancy was assigned by the tenant and who would have been qualified to succeed him if he had died immediately before the assignment,
(c)a person to whom the tenancy was assigned by the tenant in pursuance of an order made under section 24 of the M1Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);
(d)a spouse or former spouse of the tenant to whom the tenancy has been transferred by an order under paragraph 22 of Schedule 1 to the M2Matrimonial Homes Act 1983.
(4)This section does not apply to an increase of rent attributable to rates [F3or to council tax].
Textual Amendments
F1Words substituted by Housing and Planning Act 1986 (c. 63, SIF 61), ss. 15, 57(2), Sch. 3 Pt. II para. 16(3)
F2S. 101(1A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 67
F3Words in s. 101(4) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 12.
Marginal Citations