STATUTES
| Date | 01 July 1946 |
| Published date | 01 July 1946 |
| DOI | http://doi.org/10.1111/j.1468-2230.1946.tb01007.x |
| Author | W. A. Robson |
169
STATUTES
THE
present Parliament is passing legislation faster than we
can comment on it and of the very considerable number of new
Acts that have found their way to the statute-book, space
only permits consideration of the following
:-
FURNISHED
HOUSES
(RENT
CONTROL)
Am,
1946
THIS
Act is designed to stop the racket in furnished lettings
to which, of course, the Rent Acts do not apply. Its passing
was timely, particularly in view of the much-publicised judg-
ment of Henn Collins
J.,
in
Property
Holding
Co.,
Ltd.
v.
LMischetf,
[l946]
1
All
E.R.
406,
in which he held that the
value of certain fitted furniture had to be assessed on present-
day prices (why? Surely it should be assessed on the basis
of prices prevailing at the commencement of the lease which
might well be considerably less?), and that if
fa0
out of
a
rent of
f202
is attributable to such furniture this constitutes
'
a
substantial portion
'
of the rent
so
as to take the letting
outside the protection of the Rent Acts. As a result of this
decision the landlords of many blocks of flats found that
tenancies that they had thought to be controlled were not
controlled at all, and considered an immediate increase in
rents-an action
from
which they were only deterred by the
speedy passing of this Act through its remaining stages
and by the suggestion of the Minister of Health to local
authorities that they should consider exercising his powers
of
requisitioning.
The main points of the Act are
:-
1.
It
only applies to a district when extended to it by
the Minister
of
Health on representation by,
or
after consulta-
tion with, the local authorities.
It
is believed that most
local authorities in London have already represented that it
should be extended to them.
2.
When extended to
a
distr-ict a local tribunal (chairman
and two members)
is
set
up.
8.
Either party
(or
the local authority) to any letting at
a rent which includes payment for the use of furniture
or
for
services may apply to the tribunal which may either approve
the contractual rental,
or
reduce it to such sum as they
consider reasonable,
or
dismiss the application. Approval
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