Rent Regulation (Forms etc.) Regulations 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/495 |
1978 No. 495
LANDLORD AND TENANT
The Rent Regulation (Forms etc.) Regulations 197822ndMarch 1978
7thApril 1978
19thJune 1978
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 sections 60(1), 74(1) and 117(1) of the Rent Act 1977(a) and of all other powers enabling them in that behalf hereby make the following regulations:—
1. These regulations may be cited as the Rent Regulation (Forms etc.) Regulations 1978 and shall come into operation on 19th June 1978.
2.—(1) In these regulations "the Act" means the Rent Act 1977 and "Part VI tenancy" means a tenancy to which Part VI of the Act applies.
(2) The Interpretation Act 1889(b) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament and as if these regulations and the regulations revoked by these regulations were Acts of Parliament.
(3) In these regulations, unless the context otherwise requires, references to a numbered Schedule or a numbered Form shall be construed as references to the Schedule or, as the case may be, to the Form bearing that number in these regulations.
3. The forms contained in Schedule 2 and Schedules 4 to 7 are listed in Schedule 1.
4. The forms contained in Schedule 2, or forms substantially to the same effect, shall be the forms to be used for the purposes of notices of increase of rent under Part III of the Act in the following cases—
(a) in the case of a notice under section 46(2) of the Act, Form No. 1;
(a) 1977 c. 42.
(b) 1889 c. 63.
(b) in the case of a notice under section 48(3) or, as the case may be, paragraph 4 of Schedule 17 to the Act, Form No. 2;
(c) in the case of a notice under section 45(2), where the rent is subject to the phasing provisions of Schedule 9 to the Act, Form No. 4, and in any other case, Form No. 3.
5. The register kept for the purposes of Part IV of the Act under section 66(1) thereof shall contain the particulars with regard to a regulated tenancy or, as the case may be, a Part VI tenancy, which are specified in Schedule 3.
6. The fee to be paid under section 66(4) of the Act for a copy of an entry in the register certified under the hand of the rent officer or a person duly authorised by him shall be 25p.
7. The forms contained in Schedule 4, or forms substantially to the same effect, shall be the forms to be used for the purposes of Part IV of the Act, where an application is made to the rent officer, in the following cases—
(a) in the case of an application under section 67 of the Act, where a statutory tenancy arises at the end of a long tenancy under Part I of the Landlord and Tenant Act 1954(a), Form No. 6, and in any other case, Form No. 5;
(b) in the case of an application under section 69(4) of the Act, Form No. 7;
(c) in the case of an application under section 73, Form No. 8;
(d) in the case of an application under paragraph 1 of Schedule 12 to the Act, Form No. 10.
8. The particulars to be supplied when an application is made to the rent officer shall be those specified in whichever of the following forms is applicable in any particular case—
(a) in the case of an application falling within regulation 7(a) above, in Form No. 5 or, as the case may be, in Form No. 6;
(b) in the case of an application falling within regulation 7(b) above, in Form No. 7;
(c) in the case of an application falling within regulation 7(c) above, in Form No. 8.
9. The form of notice to be served by a rent assessment committee under paragraph 7 of Schedule 11 to the Act shall be Form No. 9, or a form substantially to the same effect.
10. The manner of notifying the rent officer for the purposes of paragraph 13 of Schedule 11 to the Act that a regulated tenancy or, as the case may be, a Part VI tenancy, has been granted, shall be by the landlord serving on the rent officer a notice in the form set out in Schedule 5, or in a form substantially to the same effect.
(a) 1954 c. 56.
11. The form contained in Schedule 6, or a form substantially to the same effect, shall be the form of notice to be served by a local authority pursuant to section 109(3) of the Act, and such notice shall contain the information and explanation specified in the form so contained.
12. The form contained in Schedule 7, or a form substantially to the same effect, shall be the form of document to be given to the local authority by the landlord pursuant to section 52(6) of the Act.
13. The particulars to be supplied to the local authority, when a document is given to them pursuant to section 52(6) of the Act shall be those specified in the said form contained in Schedule 7.
14. The regulations mentioned in Part I of Schedule 8 are hereby revoked by the Secretary of State for the Environment and the regulations mentioned in Part II of Schedule 8 are hereby revoked by the Secretary of State for the Environment and the Secretary of State for Wales.
THE SCHEDULES
SCHEDULE 1
LIST OF FORMS
FORM NO.
Schedule 2—
1. Notice of increase of unregistered rent under regulated tenancy on account of increased rates.
2. Notice of increase of unregistered rent under regulated tenancy on account of improvement.
3. Notice of increase of rent under regulated tenancy where the rent is registered.
4. Notice of increase of rent under regulated tenancy where the rent is registered and the increase is subject to the special phasing provisions of Schedule 9 to the Act.
Schedule 4—
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 fair rent supported by certificate of fair rent.
8. Application for cancellation of registration of rent.
9. Notice by Rent Assessment Committee requiring further information.
10. Application for certificate of fair rent.
schedule 5—
11. Notice to Rent Officer of grant of regulated tenancy or tenancy to which Part VI of the Act applies.
Schedule 6—
12. Notice to tenant of landlord's application for qualification certificate for dwelling-house in good repair and provided with standard amenities.
schedule 7—
13. Particulars of rent agreement where tenancy is converted from rent control to rent regulation.
SCHEDULE 2
Forms of notice of increase of rent
FORM No. 1
Section 46. See Notes 1 to 3.
Notice of Increase of Unregistered Rent under Regulated Tenancy on account of Increased Rates.
Please read all the notes carefully as indicated in the margin
Date… ..
To… .., tenant of… ..
See Note 4.
1. The rates in respect of the above premises have been increased as follows:—
Previous rates … … . New rates… … … … . Date of new rates
per [half year] [year] per [half year] [year] as from… … …
* This date cannot be earlier than 6 weeks before the service of this Notice.
2. I hereby give you notice that your rent will be increased accordingly as follows:—
Present rent Increase in rent New rent *Date of new rent
£ per … .. £ per … .. £ per … .. as from
See Note 5.
[3. There will become due from you on the day after the service of this Notice the sum of £, being arrears of the above increase.]
Strike out words in square brackets if they do not apply.
Signature of [landlord] [landlord's agent] … ..
[Name of landlord if notice served by agent … ..]
Address of landlord … ..
[Address of agent … .. ]
NOTES
Use of Notice
1. This Notice is for use to increase the rent of the premises on account of an increase in rates where —
(a) the rent is inclusive of rates borne by the landlord or a superior landlord; and
(b) the tenancy is a regulated tenancy under the Rent Act 1977; and
(c) a fair rent has not been registered for the premises under the Act; and
(d) the increase is for any period of a stautory tenancy (see Notes 2 and 3). (There will be a statutory tenancy where a previous contractual tenancy (lease) has come to an end and the tenant has security of tenure under the Act.)
Contractual tenancies
2. If there is an existing contractual tenancy of the premises, the landlord cannot increase the rent on account of increased rates unless either—
(a) the contract permits him to do so (in which case there is no need to serve this Notice); or
(b) he can first terminate the contractual tenancy (e.g. by serving a notice to quit under a periodic tenancy, such as a weekly tenancy).
3. Although this Notice relates to an increase in rent under a statutory tenancy it can be served while there is still a contractual tenancy. If the contractual tenancy could be brought to an end before the date set out in paragraph 2 of this Notice by a notice to quit served at the same time as this Notice is served, this Notice will operate to convert the contractual tenancy into a statutory tenancy as from the date set out in that paragraph.
Rate demands
4. Until the local authority's demand for rates in a new rating period is made, the tenant's liability on account of rates continues to be based on the rates for the previous rating period. When the demand for the new period is received, the tenant's liability must be recalculated. If the rates have gone up, the landlord is entitled on serving this Notice to an increase of rent on account of the increased rates. If there is a further demand for rates during the rating period, for example, because the rateable value has been increased, the tenant's liability must similarly be recalculated in order to ascertain what increase of rent the landlord is entitled to on account of the increased rates.
Arrears
5. This paragraph will only be needed where the date for the increase is a date earlier than the service of this Notice, and there have been rent days between the earlier date and the date of service of this Notice.
Rent allowance
6. If the tenant has difficulty in paying his rent, he may apply to the local authority for a rent allowance. Details of the...
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