Rent Act 1957

JurisdictionUK Non-devolved
Citation1957 c. 25


Rent Act , 1957

(5 & 6 Eliz. 2) CHAPTER 25

An Act to amend the Rent and Mortgage Interest Restrictions Acts, 1920 to 1939, the Rent of Furnished Houses Control (Scotland) Act, 1943, the Furnished Houses (Rent Control) Act, 1946, the Housing (Repairs and Rents) (Scotland) Act, 1954, and certain other enactments relating to the control of rents and the right to retain possession of houses; to provide a minimum length for notice to terminate residential lettings; and for purposes connected with the matters aforesaid.

Be it enacted by the Queen'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:—

Revision of rent limits of controlled houses in England and Wales

Revision of rent limits of controlled houses in England and Wales

S-1 Rent limit of controlled houses.

1 Rent limit of controlled houses.

(1) Subject to the following provisions of this Act the rent recoverable for any rental period from the tenant under a controlled tenancy shall not exceed the following limit, that is to say a rent of which the annual rate is equal to the 1956 gross value of the dwelling multiplied by two (or, if the responsibility for repairs is such as is specified in Part I of the First Schedule to this Act, by the appropriate factor specified in the said Part I), together with—

(a ) the annual amount, ascertained in accordance with the Second Schedule to this Act, of any rates for the basic rental period, being rates borne by the landlord or a superior landlord; and

(b ) such annual amount as may be agreed in writing between the landlord and the tenant or determined by the county court to be a reasonable charge for any services for the tenant provided by the landlord or a superior landlord during the basic rental period or any furniture which under the terms of the tenancy the tenant is entitled to use during that period.

(2) The limit on the rent recoverable under a controlled tenancy for any rental period (hereinafter referred to as ‘the rent limit’) shall be subject to adjustment from time to time under sections three to five of this Act and to reduction as provided by Part II of the First Schedule to this Act in case of disrepair.

(3) Where under a controlled tenancy current at the commencement of this Act the rent recoverable for the basic rental period exceeds what would be the rent limit for that period if ascertained under subsection (1) of this section, the rent limit shall be the rent recoverable as aforesaid, subject however to the provisions of the foregoing subsection.

(4) The rent recoverable under a controlled tenancy for the rental period comprising the commencement of this Act shall, notwithstanding the repeals effected by this Act, remain the rent recoverable under that tenancy for any rental period for which it is neither increased nor reduced under this Act.

S-2 Procedure for increasing rents.

2 Procedure for increasing rents.

(1) If the rent for the time being recoverable under a controlled tenancy is less than the rent limit it may be increased up to that limit subject to and in accordance with the following provisions of this section; and this subsection shall have effect notwithstanding anything in any enactment.

(2) Subject to the provisions of Part II of the First Schedule to this Act, the rent may be increased as aforesaid by the service by the landlord on the tenant of a notice of increase in the prescribed form specifying the amount of the increase; but—

(a ) the increase shall not have effect as respects rental periods beginning before such date as may be specified in the notice, being a date not earlier (except in the cases authorised by the following provisions of this Act) than three months after the service of the notice;

(b ) the total of the increases which may be specified in any notice or notices of increase as taking effect less than nine months after the service of the first notice (excluding any increases which under the following provisions of this Act are to be disregarded) shall not exceed seven shillings and sixpence per week, but a notice may specify more than one date and amount;

(c ) except so far as may be necessary for giving effect to an adjustment under section three or five of this Act, a notice of increase shall be of no effect if given at a time when—

(i) the dwelling is within a clearance area under the Housing Act, 1936, or is or forms part of premises with respect to which a demolition order or closing order under that Act or a closing order under section ten or eleven of the Local Government (Miscellaneous Provisions) Act, 1953, has been made and has not ceased to be in force, or

(ii) works of repair remain unexecuted which were required to be executed by a notice or order given or made as respects the dwelling to or against the landlord, or any person receiving rent as agent for the landlord, under section nine of the Housing Act, 1936, section ninety-four of the Public Health Act, 1936, or paragraph 7 of the Fifth Schedule to the Public Health (London) Act, 1936, or

(iii) an order has been made under paragraph 9 of the Fifth Schedule to the Town and Country Planning Act, 1944, declaring the dwelling or a house of which it forms part unfit for human habitation and not capable at reasonable expense of being rendered so fit, and either the Minister has not yet decided whether to confirm the order or he has confirmed it and less than two years have elapsed since the confirmation,

and (except as aforesaid) if the date specified in a notice of increase in accordance with paragraph (a ) of this subsection falls at a time when the condition specified in sub-paragraph (i), (ii) or (iii) of this paragraph is fulfilled, no increase shall be recoverable by virtue of the notice for any rental period beginning at any such time.

(3) Where the landlord is a body corporate incorporated outside the United Kingdom, the foregoing provisions of this section shall have effect subject to the provisions of Part III of the Fist Schedule to this Act.

(4) If a notice of increase contains any statement or representation which is false or misleading in any material respect, the landlord shall be liable on summary conviction to a fine not exceeding fifty pounds unless he proves that the statement was made innocently and without intent to deceive.

S-3 Adjustment as respects rates borne by landlord.

3 Adjustment as respects rates borne by landlord.

(1) Where any rates in respect of the dwelling are borne by the landlord or a superior landlord, then for any rental period for which the amount of the rates, ascertained in accordance with the Second Schedule to this Act, differs from the amount, so ascertained, of the rates for the basic rental period the rent limit shall be increased or decreased by the amount of the difference.

(2) In so far as a notice of increase relates to an increase of rent authorised by this section, the date specified by the notice may be any date not earlier than six weeks before the service of the notice, and where that date is earlier than the service of the notice any rent underpaid shall become due on the day after the service.

(3) Any increase of rent authorised by this section shall be disregarded for the purposes of paragraph (b ) of subsection (2) of section two of this Act.

S-4 Adjustment as respects services and furniture.

4 Adjustment as respects services and furniture.

(1) Where, for any rental period, there is as respects—

(a ) the provision of services for the tenant by the landlord or a superior landlord, or

(b ) the use of furniture by the tenant under the terms of the tenancy,

or any circumstances relating thereto any difference, in comparison with the basic rental period, such as to affect the amount of the rent which it is reasonable to charge, the rent limit shall be increased or decreased by an appropriate amount; and where by virtue of this subsection the rent limit is increased for any rental period the rent for that period shall, notwithstanding anything in section two of this Act and without the service of any notice, be increased by the like amount.

(2) Any question whether, or by what amount, the rent limit is increased or decreased by virtue of the foregoing subsection shall be determined by agreement in writing between the landlord and the tenant or by the county court; and any such determination—

(a ) may be made so as to relate to past rental periods; and

(b ) shall have effect as respects rental periods subsequent to the periods to which it relates until revoked or varied by such an agreement as aforesaid or by the county court.

S-5 Increase for improvements.

5 Increase for improvements.

(1) If an improvement has been effected in a dwelling and the improvement was completed after the commencement of this Act, the rent limit under any controlled tenancy of the dwelling for rental periods beginning after the completion of the improvement shall, subject to the following provisions of this section, be increased by eight per cent. per annum of the amount expended on the improvement by the landlord or any superior landlord or any person from whom the landlord or any superior landlord derives title.

(2) In so far as a notice of increase relates to an increase of rent authorised by this section, the date specified by the notice may be any date after the service of the notice, and any such increase shall be disregarded for the purposes of paragraph (b of section two of this...

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