Rent and Mortgage Interest Restrictions (Amendment) Act 1933
| Jurisdiction | UK Non-devolved |
| Citation | 1933 c. 32 |
Rent and Mortgage Interest Restrictions (Amendment) Act, 1933,
(23 & 24 Geo. 5.) CHAPTER 32.
An Act to amend and continue the Rent and Mortgage Interest (Restrictions) Acts, 1920 to 1925.
[18th July 1933]
Be 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 Duration and application of Acts.
(1) The Rent and Mortgage Interest (Restrictions) Acts, 1920 to 1925 (hereinafter referred to as the principal Acts), shall continue in force until the twenty-fourth day of June, nineteen hundred and thirty-eight, and no longer.
(2) As from the twenty-ninth day of September, nineteen hundred and thirty-three, the principal Acts shall not apply to any dwelling-house unless it is a dwelling-house to which they applied immediately before the passing of this Act or then formed part of such a dwelling-house, and it is also a dwelling-house of which either the annual amount of the recoverable rent on the appointed day or the rateable value on the appointed day did not exceed—
(a ) in the metropolitan police district or the City of London, forty-five pounds;
(b ) in Scotland, forty-five pounds;
(c ) elsewhere, thirty-five pounds.
(3) Where any dwelling-house to which the principal Acts apply consists of or comprises premises licensed for the sale of intoxicating liquor for consumption on the premises, the principal Acts shall, as from the said twenty-ninth day of September or as from the date on which the premises are first so licensed, whichever is the later date, cease to apply to that dwelling-house.
(4) A person who, on the twenty-eighth day of September, nineteen hundred and thirty-three, is, by virtue only of the principal Acts, tenant of a dwelling-house to which those Acts cease to apply as from the following day by virtue of the provisions of this section shall be entitled to retain possession of the dwelling-house until the date specified in a notice served upon the tenant under this subsection by or on behalf of the landlord after the passing of this Act, and shall be so entitled in like manner and subject to the like terms and conditions as if the principal Acts had not ceased to apply to the dwelling-house.
Any notice served under this subsection shall be in writing and shall inform the tenant, either that he is required to give up possession of the dwelling-house on the date specified in the notice, or that he will be so required unless before that date an agreement for a new tenancy has been made between the tenant and the landlord, so, however, that the date specified in any such notice shall be not earlier than the twenty-ninth day of September, nineteen hundred and thirty-three, and not earlier than one month after the service of the notice.
(5) The acceptance of rent or mesne profits by the landlord after the date specified in a notice served in respect of any dwelling-house under the last foregoing subsection shall not affect the validity of the notice, and if any such notice contains or is accompanied by an offer in writing of the terms upon which the landlord is willing to grant a new tenancy of the dwelling-house, and a written statement that, if the tenant retains possession of the dwelling-house after the date aforesaid without having made an agreement with the landlord on any other terms, he will by virtue of this Act be deemed to do so upon the terms so offered as aforesaid, then, if the tenant so retains possession, he shall be deemed to do so on those terms.
(6) Where upon the expiration of such a notice as aforesaid a tenant ceases to be entitled by virtue of this Act to retain possession of a dwelling-house, the provisions of the Landlord and Tenant Act, 1927 , shall apply in respect of the premises as if they had been held under a lease (as defined by that Act) terminated by that notice, and if, before the expiration of the notice, either—
(a ) the tenant has, under section five of that Act, served on the landlord a notice requiring a new lease of the premises; or
(b ) the landlord has, under section two or section four of that Act, served on the tenant notice that he is willing and able to grant to the tenant or obtain the grant to him of a renewal of the tenancy,
so much of the last foregoing subsection as provides that in the circumstances therein mentioned the tenant of a dwelling-house will, if he retains possession thereof after the expiration of a notice requiring him to give up possession, be deemed to do so upon terms offered by the landlord, shall not apply.
(7) Part II of the Act of 1923 (which contains provisions as to restrictions after the expiry of the principal Acts) is hereby repealed.
2 Certain dwelling-houses not to be excluded from principal Acts.
(1) Subject as hereinafter provided, section two of the Act of 1923 (which provides for the exclusion of dwelling-houses from the application of the principal Act in certain cases) shall not apply to any dwelling-house of which the rateable value on the appointed day did not exceed—
(a ) in the metropolitan police district or the City of London, twenty pounds;
(b ) in Scotland, twenty-six: pounds five shillings;
(c ) elsewhere, thirteen pounds:
Provided that the said section two shall apply to any such dwelling-house which consists of a part of premises whereof the rateable value on the appointed day exceeded the respective amount aforesaid, if the letting which constituted that part a separate dwelling-house to which the principal Acts apply was a subletting effected by a person who at the date of the subletting was entitled by virtue of the Rent Restrictions Acts to retain possession of the premises in which the sublet part was comprised, or would have been so entitled if he had not then had some other right to retain possession.
(2) If the landlord of any dwelling-house let as a separate dwelling immediately before the passing of this Act, being a dwelling-house of which the rateable value on the appointed day did not exceed the respective amount mentioned in the last foregoing subsection, claims that by virtue of the provisions of the said section two of the Act of 1923 the principal Acts had ceases to apply to the dwelling-house before the passing of this Act, he shall within three months after the passing of this Act make to the council of the county borough or county district in which the dwelling-house is situated application in the prescribed form for the registration of the dwelling-house, and if in any proceedings with respect to any dwelling-house which is, or immediately before the passing of this Act formed part of, such a dwelling-house as aforesaid, it is proved that but for the provisions of the said section two of the Act of 1923 the principal Acts would have applied to the dwelling-house and that no such application has been made by or on behalf of the landlord within the time aforesaid, the dwelling-house shall, subject as hereinafter provided, be deemed to be a dwelling-house to which the principal Acts apply:
Provided that if, on application to the county court of the district in which the house is situated, the court certifies that there was reasonable excuse for the failure to make application for the registration of the dwelling-house within the time aforesaid and application for registration is made within seven days after the certificate has been granted, then, if the principal Acts had ceased to apply to the dwelling-house before the passing of this Act, section two of the Act of 1923 shall, notwithstanding anything in the last foregoing subsection, apply to the dwelling-house as from the date on which the application for registration is made.
(3) For the purposes of this section it shall be the duty of the council of every county borough and of every county district to make and keep a register (which shall be open to public inspection at the office of the council during the usual office hours) and to register therein every dwelling-house with respect to which application is duly made in accordance with the provisions of this section.
(4) Any such council as aforesaid shall, on application being made to them by any person in that behalf, issue, on payment of a fee not exceeding one shilling, a certificate with respect to any dwelling-house in their borough or district stating whether or not the dwelling-house is registered under this section and, if registered, the date of registration; and any such certificate shall, unless the contrary is proved, be evidence that application for registration of the dwelling-house has or has not been made by or on behalf of the landlord and, in the case of a certificate of registration, be evidence of the date before which such application was made, so however that neither a certificate of registration nor other proof of the registration of any premises under this section shall be received as evidence as to whether or not the premises consist of or include a dwelling-house to which the principal Acts apply.
Any document purporting to be a certificate issued under this subsection by a council named therein, and to be signed by an officer of that council, shall be received in evidence and be deemed to be such a certificate without further proof unless the contrary is shown.
(5) If in any proceedings the court determines that any dwelling-house registered under this section is a dwelling-house to which the principal Acts apply, it shall be the duty of the registrar or clerk of the court to inform the council by whom the dwelling-house was registered, and, upon being so informed, that council shall forthwith cancel the registration of the dwelling-house, so, however, that the registration shall be restored if the decision of that court is reversed on...
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