Hansard

Phasing Of Rent Increases Where Rent For Dwelling-House Under Regulated Tenancy Is Registered

Volume 885: debated on Wednesday 5 February 1975

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Amendments made: No. 9, in page 12, line 12, leave out '4 and 5' and insert '3(4), 4, 5, 5A and 5B'.

No. 10, in line 14, leave out from 'rent' to end of line 15.

No. 11, in line 20, leave out 'paragraph 4' and insert

'paragraphs 4, 5A and 5B'.

No. 12, in line 21, leave out 'immediately' and insert

'for the last rental period beginning'.

No. 13, in line 21, leave out 'the landlord was entitled to recover' and insert 'was payable'.

No. 14, in line 36, leave out sub-paragraphs (3) and (4).

No. 15, in page 13, line 31, leave out 'sub-paragraph (4)' and insert 'sub-paragraphs (4) and (5)'.

No. 16, in line 34, leave out 'where' and insert

'and for the purposes of this paragraph'.

No. 17, in page 14, leave out lines 6 and 7 and insert—

'(4) Where the permitted increase for any rental period in terms of sub-paragraph (2) or (3) above, other than any increase permitted in respect of a service element, would exceed £1.50 per week, the period of delay shall be extended, and
(a) the permitted increase for a rental period which begins during the first year of the period of delay is an increase to the following amount—
PRL+SE+£1.50 per week;
and
(b) the permitted increase for a rental period which begins during a subsequent year of the period of delay is an increase to the amount which, for the last rental period beginning before that year, was payable by way of rent, having regard to the provisions of any enactment, plus
  • (i) any increase permitted in respect of a service element not previously recovered and
  • (ii) £1.50 per week.
    • (5) Nothing in this Schedule shall enable a rent to be increased to an amount greater than the registered rent.'.

    No. 18, in line 10, leave out from "agreement" to "which" in line 11 and insert:

    "with a tenant having security of tenure within the meaning of section 42(1) of the 1972 Act,".

    No. 19, in line 18, leave out "immediately" and insert:

    "for the last rental period beginning".

    No. 20, in line 19, leave out "the landlord was entitled to recover" and insert "was payable".

    No. 21, in page 14, leave out lines 31 and 32.

    No. 22, in line 36, leave out from "shall" to "begin" in line 37.

    No. 23, in line 38, at end insert:

    "or, where paragraph 4 above applies, with the date when the rent agreement took effect".

    No. 24, in line 39 at beginning insert:

    "Modifications in cases where rent was registered before commencement of Act

    5A.—(1) In relation to any registered rent which was subject to phasing under the provisions of section 79 of the 1971 Act and Schedule 13 thereto, or of section 37 of the 1972 Act and Schedule 6 thereto, sub-paragraph (2) or (3) of this paragraph shall apply in place of the said provisions.

    (2) Where a rent was registered before 8th March 1974 and part of a period of delay imposed in respect thereof under any of the provisions specified in sub-paragraph (1) above remain unexpired on that date—

  • (a) in any case where 8th March 1974 fell within the second year of the said period of delay, this Schedule shall apply to the rent as if the second year of a period of delay imposed under this Schedule had ended at the commencement of this Act and as if the period of delay last mentioned had been extended under paragraph 3(4) above;
  • (b) in any case where 8th March 1974 fell within the first year of the period of delay first mentioned, this Schedule shall apply as if the second year of a period of delay imposed under this Schedule had begun at the commencement of this Act.

    • (3) In any case where a rent, which was subject to phasing under any of the provisions specified in sub-paragraph (1) above, was registered on or after 8th March 1974 but before the commencement of this Act, this Schedule shall apply to the rent as if—

  • (i) a period of delay in terms of this Schedule had begun at such commencement, and
  • (ii) the previous rent limit were the amount which, for the last rental period beginning before such commencement, was payable, by way of rent, having regard to the provisions of any enactment.

    • 5B. Sub-paragraph (3) of paragraph 5A above shall apply in any case where—

  • (a) a rent was registered before the commencement of this Act, which was not subject to phasing under any of the provisions referred to in that sub-paragraph, and
  • (b) the previous rent limit in terms of that sub-paragraph is less than the registered rent,

    • as it applies in any such case as is mentioned in the said sub-paragraph (3)".

    No. 25, in line 40, leave out paragraph 6 and insert:

    '6—(1) The Secretary of State may by order substitute, for the specified sum, or for the sum of £1.50 mentioned in paragraph 3(4) above, in relation to any year of the period of delay, or to the whole period, a sum other than the sum mentioned in this Schedule; and different sums may be specified for each of those cases or any of them.
    (2) An order under sub-paragraph (1) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, and may be varied or revoked by a subsequent order made under that sub-paragraph.
    6A. In ascertaining for the purposes of this Schedule any difference between periods of different lengths, a month shall be treated as one-twelfth and a week as one-fifty-second of a year'.

    No. 26, in page 15, line 22, leave out from 'Act' to end of line 26 and insert:

    'for the words from "section 79" to "1972" there shall be substituted the words "section 7 of the Housing Rents and Subsidies (Scotland) Act 1975".'.

    No. 27, in line 30, leave out 'section 7' and insert:

    'sections 7 and (Limitation of rent increases under rent agreement where no rent is registered for dwelling-house under regulated tenancy)'.

    No. 28, in page 16, leave out lines 11 to 24.

    No. 29, in line 27, leave out from 'Act' to end of line 31 and insert:

    'for the words from "Schedule 13" to "1972" there shall be substituted the words "Schedule 2 to the Housing Rents and Subsidies (Scotland) Act 1975".'.

    No. 30, in line 48, leave out from '( b)' to end of line 15 on page 17 and insert:

    'for the words from "Schedule 13" to the end of head (b) there shall be substituted the words "Schedule 2 to the Housing Rents and Subsidies (Scotland) Act 1975.".'—[Mr. Hugh D. Brown.]