Regulated Tenancies (Procedure) Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1696 |
| Year | 1980 |
1980 No. 1696
LANDLORD AND TENANT
The Regulated Tenancies (Procedure) Regulations 198021stOctober 1980
27thOctober 1980
28thNovember 1980
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of powers conferred upon them by section 74 of the Rent Act 1977(a) and of all other powers enabling them in that behalf, and after consultation with the Council on Tribunals hereby make the following regulations:—
1. These regulations may be cited as the Regulated Tenancies (Procedure) Regulations 1980 and shall come into operation on 28th November 1980.
2. The procedure to be followed by rent officers on applications for the registration of a rent made after the coming into operation of these regulations shall be that set out in Part I of Schedule 11 to the Rent Act 1977 as modified in accordance with Schedule 1 to these regulations, and accordingly, as respects such applications, section 67(7) of the Act shall be modified by the insertion of the words "as modified by the Regulated Tenancies (Procedure) Regulations 1980" after "this Act".
3. The procedure to be followed by rent officers and rent assessment committees on applications for certificates of fair rent made after the coming into operation of these regulations shall be that set out in Schedule 12 to the Rent Act 1977 as modified in accordance with Schedule 2 to these regulations, and accordingly, as respects such applications, section 69(3) of the Act shall be modified by the insertion of the words "as modified by the Regulated Tenancies (Procedure) Regulations 1980" after "this Act".
(a) 1977 c. 42.
SCHEDULE 1
MODIFICATION OF SCHEDULE 11
1. For paragraphs 2 and 3 there are substituted the following paragraphs—
"2.—(1) Where the application is made jointly by the landlord and the tenant and it appears to the rent officer, after making such inquiry, if any, as he thinks fit and considering any information supplied to him in pursuance of paragraph 1 above, that the rent specified in the application is a fair rent, he may register that rent without further proceedings.
(2) Where the rent officer registers a rent under this paragraph he shall notify the landlord and tenant accordingly.
3.—(1) In the case of an application which does not fall within paragraph 2 above, the rent officer shall serve on the landlord and on the tenant a notice inviting the person on whom the notice is served to state in writing, within a period of not less than seven days after the service of the notice, whether he wishes the rent officer to consider, in consultation with the landlord and the tenant, what rent ought to be registered for the dwelling-house.
(2) A notice served under sub-paragraph (1) above on the person who did not make the application shall be accompanied—
(a) by a copy of the application; and
(b) where, in pursuance of section 67(2)(b), the application was accompanied by details of the landlord's expenditure in connection with the provisions of services, by a copy of those details.
3A. If, after service of a notice by the rent officer under paragraph 3(1) above, no request in writing is made within the period specified in the notice for the rent to be considered as mentioned in that paragraph, the rent officer after considering what...
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