OpenLegislation

Paragraph 2 F1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A tenancy—

(a)

which is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and

(b)

under which the rent payable for the time being is payable at a rate exceeding F2£100,000 a year.

C1( 2 )

In sub-paragraph (1) “rent” does not include any sum payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, F3council tax, services, management, repairs, maintenance or insurance, unless it could not have been regarded by the parties to the tenancy as a sum so payable.

2A.

A tenancy—

(a)

which was entered into before the 1st April 1990, or on or after that date in pursuance of a contract made before that date, and

(b)

under which the dwelling-house had a rateable value on the 31st March 1990 which, if it is in Greater London, exceeded £1,500 and, if it is elsewhere, exceeded £750.

Annotations

Textual amendments

F1

Sch. 1 paras. 2, 2A substituted for para 2 by S.I. 1990/434, reg. 2, Sch. para. 29

F2

Word in Sch. 1 para. 2(1)(b) substituted (E.) (1.10.2010) by The Assured Tenancies (Amendment)(England) Order 2010 (S.I. 2010/908), arts. 1, 3(2) and word in Sch. 1 para. 2(1)(b) substituted (W.) (1.12.2011) by The Assured Tenancies (Amendment of Rental Threshold) (Wales) Order 2011 (S.I. 2011/1409), arts. 1(1), 2(2)

F3

Words in Sch. 1 para. 2(2) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para.19

Modifications

C1

Sch. 1 para. 2(2) applied by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 2(5), 21, 22 (as amended by S.I. 1990/434, reg. 2, Sch. para. 34)

Notes on Schedule 1

Modifications

C1

Sch. 1 modified by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 1(2), 21, 22