Local Government Finance (Housing) (Consequential Amendments) Order 1993

JurisdictionUK Non-devolved
CitationSI 1993/651

1993 No. 651

HOUSING, ENGLAND AND WALES

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Finance (Housing) (Consequential Amendments) Order 1993

Made 11th March 1993

Laid before Parliament 11th March 1993

Coming into force 1st April 1993

The Secretary of State, in exercise of the powers conferred on him by sections 113(1) and 114 of the Local Government Finance Act 19921, and of all other powers enabling him in that behalf, hereby makes the following Order:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Local Government Finance (Housing) (Consequential Amendments) Order 1993 and subject to paragraph (2) below, shall come into force on 1st April 1993.

(2) Paragraphs 5 to 10 and paragraph 17 of Schedule 1 to this Order shall not affect—

(a)

(a) the registration of rent under Part IV of the Rent Act 1977 on an application made under section 67 of that Act before 1st April 1993,

(b)

(b) the registration of rent under section 79 of that Act on a reference made under section 77 or 80 of that Act before that date, or

(c)

(c) the determination of rent under section 14 of the Housing Act 1988 on a reference which relates to a notice served under section 13(2) of that Act before that date.

(3) This Order extends to England and Wales only.

S-2 Amendment of enactments and interpretation

Amendment of enactments and interpretation

2.—(1) The enactments specified in Schedule 1 to this Order shall have effect subject to the amendments specified in that Schedule.

(2) The enactments specified in Schedule 2 to this Order shall have effect subject to the amendments specified in that Schedule (which make transitional provision in relation to the registration or determination of rent under or for the purposes of those enactments).

Michael Howard

One of Her Majesty’s Principal Secretaries of State

Department of Environment

11th March 1993

SCHEDULE 1

Article 2(1)

AMENDMENTS

SCH-1.1

1. Landlord and Tenant Act 19542

In section 2 (tenancies to which section 1 applies), in subsection (7)3after “rates,” insert “council tax,”.

SCH-1.2

2. Rent (Agriculture) Act 19764

In section 9 (effect of determination of superior tenancy, etc), in subsection (7) after “rates,” insert “council tax,”.

Rent Act 1977

Rent Act 1977

SCH-1.3

3. In section 4 (dwelling-houses above certain rateable values), in subsection (5)6after “rates,” insert “council tax,”.

SCH-1.4

4. In section 5 (tenancies at low rents), in subsection (4) after “rates,” insert “council tax,”.

SCH-1.5

5. In section 67 (application for registration of rent), after subsection (3)7insert—

SCH-1.3A

“3A If the dwelling-house forms part of a hereditament in respect of which the landlord or a superior landlord is, or was on the relevant date, liable under Part I of the Local Government Finance Act 1992 to pay council tax, then, in determining for the purposes of subsection (3) above whether since the relevant date there has been such a change falling within paragraph (d) of that subsection as to make the registered rent no longer a fair rent, any change in the amount of council tax payable in respect of the hereditament shall be disregarded unless it is attributable to—

(a) the fact that the hereditament has become, or has ceased to be, an exempt dwelling,

(b) an alteration in accordance with regulations under section 24 of the Local Government Finance Act 1992 of the valuation band shown in a valuation list as applicable to the hereditament, or

(c) the compilation of a new valuation list in consequence of an order of the Secretary of State under section 5(4)(b) of that Act.

SCH-1.3B

3B In subsection (3A) above “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992 and, subject to that, expressions used in subsection (3A) and in Part I of that Act have the same meaning in that subsection as in that Part.”.

SCH-1.6

6. In section 70 (determination of fair rent), after subsection (3) insert—

SCH-1.3A

“3A In any case where under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a hereditament (“the relevant hereditament”) of which the dwelling-house forms part, regard shall also be had to the amount of council tax which, as at the date on which the application to the rent officer was made, was set by the billing authority—

(a) for the financial year in which that application was made, and

(b) for the category of dwellings within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of council tax payable shall be disregarded.

SCH-1.3B

3B In subsection (3A) above—

(a) “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,

(b) “billing authority” has the same meaning as in that Part of that Act, and

(c) “category of dwellings” has the same meaning as in section 30(1) and (2) of that Act.”.

SCH-1.7

7. In section 71 (amount to be registered as rent), in subsection (1) after “by the tenant to the landlord” insert “in respect of council tax or”.

SCH-1.8

8. In section 78 (powers of rent tribunals on reference of contracts), after subsection (2) insert—

SCH-1.2A

“2A In any case where under Part I of the Local Government Finance Act 1992 the lessor, or any person having any title superior to that of the lessor, is liable to pay council tax in respect of a hereditament (“the relevant hereditament”) of which the dwelling forms part, the tribunal shall have regard to the amount of council tax which, as at the date on which the reference to the tribunal was made, was set by the billing authority—

(a) for the financial year in which that reference was made, and

(b) for the category of dwellings within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of council tax payable shall be disregarded.

SCH-1.2B

2B In subsection (2A) above—

(a) “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,

(b) “billing authority” has the same meaning as in that Part of that Act, and

(c) “category of dwellings” has the same meaning as in section 30(1) and (2) of that Act.”.

SCH-1.9

9. In section 79 (register of rents under restricted contracts), after cv subsection (3) insert—

SCH-1.3A

“3A The amount to be entered in the register under this section as the rent payable for a dwelling shall include any sums payable by the lessee to the lessor in respect of council tax, whether or not those sums are separate from the sums payable for the occupation of the dwelling or are payable under separate agreements.”.

SCH-1.10

10. In section 80 (reconsideration of rent after registration) at the end add—

SCH-1.3

“3 If the dwelling forms part of a hereditament in respect of which the lessor, or any person having any title superior to that of the lessor, is liable under Part I of the Local Government Finance Act 1992 to pay council tax or was so liable on the date on which the rent was last considered by the tribunal, then, in determining for the purposes of subsection (2) above whether since that date there has been such a change falling within paragraph (d) of that subsection as to make the registered rent no longer a reasonable rent, any change in the amount of council tax payable in respect of the hereditament shall be disregarded unless it is attributable to—

(a) the fact that the hereditament has become, or has ceased to be, an exempt dwelling,

(b) an alteration in accordance with regulations under section 24 of the Local Government Finance Act 1992 of the valuation band shown in a valuation list as applicable to the hereditament, or

(c) the compilation of a new valuation list in consequence of an order of the Secretary of State under section 5(4)(b) of that Act.

SCH-1.4

4 In subsection (3) above “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992 and, subject to that, expressions used in subsection (3) and in Part I of that Act (other than “dwelling”) have the same meaning in that subsection as in that Part.”.

SCH-1.11

11. In section 146 (long tenancies at low rent), in subsection (1) after “rates,” insert “council tax,”.

Housing Act 1985

Housing Act 1985

SCH-1.12

12. In section 101 (rent not to be increased on account of tenant’s improvements), in subsection (4) after “rates” insert “or to council tax”.

SCH-1.13

13. In section 102 (variation of terms of secure tenancy), in subsection (1)(b) after “rates” insert “, council tax”.

SCH-1.14

14. In section 153B9(payments of rent attributable to purchase price etc.), in subsection (2)(a) after “rates” insert “or council tax”.

SCH-1.15

15. In Schedule 8 (terms of shared ownership lease), in paragraph 4(1) after “rates” insert “or council tax”.

SCH-1.16

16. Landlord and Tenant Act 198510

In section 31 (reserve power to limit rents), in subsection (3), in the definition of “rent”, after “rates or” insert “council tax or”.

Housing Act 1988

Housing Act 1988

SCH-1.17

17.—(1) Section 14 (determination of rent by rent assessment committee) is amended as follows.

(2) After subsection (3) insert—

SCH-1.3A

“3A In making a determination under this section in any case where under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a hereditament (“the relevant hereditament”) of which the dwelling-house forms part, the rent assessment committee shall have regard to the amount of council tax which, as at the date on which the notice under section 13(2) above was served, was set by the billing authority—

(a) for the financial year in which that notice was served, and

(b) for the category of dwellings within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of...

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