Furnished Houses (Rent Control) Act 1946
Furnished Houses (Rent Control) Act, 1946
(9 & 10 Geo. 6.) CHAPTER 34.
An Act to make provision with respect to the rent of houses or parts thereof let at a rent which includes payment for the use of furniture or for services.
[26th March 1946]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Application of Act by order of Minister of Health, and appointment of tribunal.
(1) Where, as respects a district consisting of the whole or part of the area of a local authority, the Minister of Health (hereinafter referred to as ‘the Minister’) is satisfied on representation by, or after consultation with, the local authority that it is expedient that the provisions of this Act should have effect in that district, he may, by order, direct that this Act shall have effect in that district as from such day as may be specified in the order, and this Act shall thereupon come into force in that district.
(2) For each district in which this Act is in force there shall be a tribunal constituted in accordance with the Schedule to this Act, and the provisions of that Schedule shall apply to each tribunal:
Provided that, if the Minister so directs, the same tribunal may act for more than one such district.
2 Reference to tribunal of contracts for furnished letting.
(1) Where a contract has, whether before or after the passing of this Act, been entered into whereby one person (hereinafter referred to as the ‘lessor’) grants to another person (hereinafter referred to as the ‘lessee’) the right to occupy as a residence a house or part of a house situated in a district in which this Act is in force in consideration of a rent which includes payment for the use of furniture or for services, whether or not, in the case of such a contract with regard to part of a house, the lessee is entitled, in addition to exclusive occupation thereof, to the use in common with any other person of other rooms or accommodation in the house, it shall be lawful for either party to the contract or for the local authority to refer the contract to the tribunal for the district, and where any such contract (hereinafter referred to as ‘a contract to which this Act applies’) is so referred to the tribunal, they may by a notice in writing served on the lessor require him to give to them, within such period (which shall not be less than seven days from the date of the service of the notice) as may be specified in the notice, such information as they may reasonably require regarding such of the prescribed particulars relating to the contract as are specified in the notice.
(2) Where any contract to which this Act applies is referred to a tribunal, then, unless at any time before the tribunal have entered upon consideration of the reference it is withdrawn by the person or authority by whom it was made, the tribunal shall consider it and, after making such inquiry as they think fit, and giving to each party (and, if the house is one the general management whereof is vested in and exercisable by a housing authority, to that authority) an opportunity of being heard, or, in his option, of submitting representations in writing, shall approve the rent payable under the contract or reduce it to such sum as they may, in all the circumstances, think reasonable, or may, if they think fit in all the circumstances, dismiss the reference, and shall notify the parties and the local authority of their decision in each case.
(3) Where the rent payable for any premises has been entered in the register in accordance with the provisions hereinafter contained, it shall be lawful for the lessor or the lessee or the local authority to refer the case to the tribunal for reconsideration of the rent so entered on the ground of change of circumstances, and the provisions of subsection (2) of this section shall apply on any such reference in like manner as they apply on a reference under subsection (1) of this section subject to the modification that the tribunal shall have power to increase the rent payable.
(4) Where on any reference of a contract, the rent whereunder includes payment for services, the tribunal are of opinion that it would be proper that the rent payable for the premises should include an amount in respect of increase since the third day of September, nineteen hundred and thirty-nine, in the cost of providing such services, and are also of opinion that in all the circumstances a rent higher than the rent payable under the contract might properly be chargeable for the premises in order to include an amount in respect of such increase, they may approve a rent higher by not more than such amount as they think reasonable in that respect.
(5) An approval, reduction or increase under this section may be limited to rent payable in respect of a particular period.
(6) Notwithstanding anything in the foregoing provisions of this section, a tribunal shall not be required to entertain a reference made otherwise than by the local authority if they are satisfied, having regard to the length of time elapsing since a previous reference made by the same party or to other circumstances, that the reference is frivolous or vexatious.
3 Register of rents.
(1) The local authority shall prepare and keep up to date a register for the purposes of this Act, and shall make the register available for inspection in such place or places and in such manner as the Minister may direct.
(2) The register shall be so prepared and kept up to date as to contain, with regard to any contract under which a rent is payable that has been approved, reduced or increased under the last foregoing section (being a contract relating to premises situated in the area of the local authority), entries of—
(a ) the prescribed particulars with regard to the contract;
(b ) a specification of the premises to which the contract relates; and
(c ) the rent as approved, reduced or increased by the tribunal, and, in a case in which the approval, reduction or increase is limited to rent payable in respect of a particular period, a specification of...
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