Rent Act 1977 (Forms etc.) Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1697 |
| Year | 1980 |
1980 No. 1697
LANDLORD AND TENANT
The Rent Act 1977 (Forms etc.) Regulations 198030thOctober 1980
7thNovember 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 the powers conferred upon them by sections 49, 60, 66, 67, 73, 74, 77, 79, 81A(a) and 84 of, and paragraph 1 of Schedule 12 to, the Rent Act 1977(b) and by the said section 74 as applied by section 13 of the Rent (Agriculture) Act 1976(c) and of all other powers enabling them in that behalf, hereby make the following regulations:—
1. These regulations may be cited as the Rent Act 1977 (Forms etc.) Regulations 1980 and shall come into operation on 28th November 1980.
2.—(1) In these regulations the "1976 Act" means the Rent (Agriculture) Act 1976 and the "1977 Act" means the Rent Act 1977.
(2) In these regulations any reference to a numbered form shall be construed as a reference to the form bearing that number in Schedule 1 hereto, or to a form substantially to the like effect.
3.—(1) The forms prescribed for the purposes of notices of increase of rent under Part III of the 1977 Act shall be as follows:—
(a) in the case of a notice under section 45(2) of the 1977 Act where a rent determined by the rent officer has been registered on or after 28th November 1980, form No. 1;
(b) in the case of a notice under section 45(2) of the 1977 Act where the rent determined by the rent officer was registered before 28th November 1980—
(i) if the rent is not subject to the phasing provisions of Schedule 9 to the Act, form No. 2;
(ii) if the rent is subject to the phasing provisions of Schedule 9 to the Act, form No. 3; and
(c) in the case of a notice under section 46(2) of the 1977 Act, form No. 4.
(2) The forms prescribed for the purpose of Part IV of the 1977 Act, where an application is made to the rent officer, shall be as follows:—
(a) in the case of an application under section 67 of the Act—
(i) where a statutory tenancy arises at the end of a long tenancy under Part I of the Landlord and Tenant Act 1954(d), form No. 6;
(a) Inserted by section 71 of Housing Act 1980 (c. 51).
(b) 1977 c. 42.
(c) 1976 c. 80.
(d) 1954 c. 56.
(ii) where the dwelling house.is subject to a statutory tenancy as defined in the 1976 Act, form No. 7; and
(iii) in any other case, form No. 5;
(b) in the case of an application under section 69(1) of the 1977 Act for a certificate of fair rent, form No. 8, and in the case of an application under section 69(4) for the registration of a rent in accordance with such a certificate, form No. 9;
(c) in the case of an application under section 73 of the 1977 Act where the application is made by the landlord and the tenant jointly, form No. 10, and in any other case, form No. 11.
(3) The form of notice to be served by a rent officer under paragraph 3(1) of Schedule 11 to the 1977 Act, as modified by the Regulated Tenancies (Procedure) Regulations 1980(a), shall be form No. 13 if, in pursuance of section 67(2)(b) of the 1977 Act the application was accompanied by details of the landlord's expenditure in connection with the provision of services, and shall be form No. 12 in any other case.
(4) The form of notice to be served by a rent assessment committee under paragraph 7 of Schedule 11 to the 1977 Act, shall be form No. 14.
(5) The form of an application under section 81A of the 1977 Act shall be form No. 15.
4. An application made under section 67, 69, 73 or 81A of the 1977 Act, as the case may be, shall contain the particulars specified in the relevant prescribed form.
5. The register kept for the purposes of Part IV of the 1977 Act under section 66(1) thereof shall contain the particulars with regard to a regulated tenancy or, as the case may be, housing association tenancy, specified in Scheduled 2 hereto.
6. The fee to be paid under section 66(4) of the 1977 Act for a copy of an entry, in the register certified under the hand of the rent officer or person duly authorised by him shall be 50p.
7. The particulars relating to a restricted contract, referred to a rent tribunal, regarding which the lessor may be required by notice to give information reasonably required by the tribunal, are those specified in Schedule 3 hereto.
8. The register kept for the purposes of Part V of the 1977 Act under section 79(1) thereof shall contain the particulars with regard to a restricted contract specified in Schedule 4 hereto.
9. The fee to be paid under section 79(6) of the 1977 Act for a copy of an entry in the register certified under the hand of an officer duly authorised in that behalf by the president of the rent assessment panel concerned shall be 50p.
10. The Rent (Agriculture) (Rent Registration) Regulations 1978(b) and the Rent Regulation (Forms etc.) Regulations 1978(c) are hereby revoked.
(a) S.I. 1980/1696.
(b) S.I. 1978/494.
(c) S.I. 1978/495.
SCHEDULE 1
CONTENTS
Form No.
1. Notice of increase of rent under regulated tenancy where a rent determined by the Rent Officer has been registered on or after 28th November 1980.
2. Notice of increase of rent under regulated tenancy where the rent determined by the Rent Officer was registered before 28th November 1980 and the increase is not subject to the phasing provisions of Schedule 9 to the Act.
3. Notice of increase of rent under regulated tenancy where the rent determined by the Rent Officer was registered before 28th November 1980 and the increase is subject to the phasing provisions of Schedule 9 to the Act.
4. Notice of increase of unregistered rent under regulated tenancy on account of increased rates.
5. Application for registration of fair rent.
6. Application for registration of fair rent in the case of a statutory tenancy arising at the end of a long tenancy under Part I of the Landlord and Tenant Act 1954.
7. Application for registration of a fair rent where dwelling house subject to a statutory tenancy as defined in the Rent (Agriculture) Act 1976.
8. Application for certificate of fair rent.
9. Application for registration of rent supported by certificate of fair rent.
10. Joint application for cancellation of registration of rent.
11. Application for cancellation of registration of rent where there is no regulated tenancy.
12. Notice by Rent Officer of application for registration of fair rent.
13. Notice by Rent Officer of application for registration of fair rent where landlord includes an amount for services.
14. Notice by Rent Assessment Committee requiring further information.
15. Application for cancellation of a rent registered by a rent tribunal where the dwelling is not subject to a restricted contract.
[It is noted in the rent register that rates in respect of the above premises are borne by me or a superior landlord. I am entitled to add the amount for rates to the rent and to pass on to you future increases in rates without serving a Notice of Increase.]
Cross out this paragraph if tenant pays rates.
Cross out words in square brackets if they do not apply.
Signed … ..
[On behalf of … ..]
Address of Landlord … ..
[Name and Address of Agent … ..]
Date … ..
NOTES
Use of notice
1. This Notice is only for use for increases which are to take effect when the tenancy is a statutory tenancy. A statutory tenancy comes into being when a tenancy agreed between the landlord and tenant (known as a contractual tenancy) has come to an end and the tenant has security of tenure under the Rent Act 1977.
2. The Notice can be served while there is still a contractual tenancy. If the contractual tenancy can be terminated before the (earliest) date in paragraph 4, this notice can be used instead of a notice to quit to turn the contractual tenancy into a statutory tenancy from that date.
Explanatory booklet
3. The Department of the Environment booklet "Regulated Tenancies" explains in more detail than these Notes how the fair rent system works and the rights and duties of landlords and tenants under the Rent Act. It is available free from Rent Officers, and Citizens' Advice Bureau, and you are advised to obtain a copy.
Limitation of rent increases
4. The rent shown in paragraph 1 of the notice may not be exceeded unless the rent is registered as variable. It will only be registered as variable if the terms of the tenancy provide for the rent to be varied according to the cost of services or works of maintenance and repair carried out by the landlord or superior landlord and the Rent Officer considers the terms reasonable. Secondly, the landlord may only increase the rent during the first year from the date in paragraph 1 of the notice to the extent allowed under the provisions for the phasing of increases.
How phasing works
5. During the first year from the date in paragraph 1 of the Notice the landlord is permitted to charge half of the increase, except that where there is a service element he may charge this in full at once. After the end of the first year he can charge the full registered rent shown in paragraph 1.
Previous rent limit
6. The amount of increase permitted has to be worked out by taking as a starting point the previous rent limit. The previous rent limit is the amount the landlord was permitted by the Rent Act to charge immediately before the Rent Officer registered the rent (whether or not there has been an appeal to a Rent Assessment Committee). (Rates are disregarded for this purpose.) The landlord may not actually have been charging this amount.
Service element
7. The service element is the increase in the rent permitted on account of services provided by the landlord or a superior landlord. If there is a service element it has to be recorded in the Rent Officer's register.
Re-registration.
8. No application for a new registration may be made during the two years from the date in paragraph 1 of the notice unless either—
(a) it is made by the landlord and the tenant acting together, or
(b) there has been such a change in the circumstances taken...
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