Paragraph 3

(1)

The amount of the rent payable under a regulated tenancy arising by virtue of Part I of the M1Landlord and Tenant Act 1954 shall, subject to the provisions of that Act as to initial repairs and subject to the operation (as regards the fixing of a fair rent and otherwise) of F1the M2Rent Act 1977, be such amount as may be agreed between the landlord and the tenant or, in default of agreement, the same amount as the rent last payable under the long tenancy; . . . F2

C1(2)

Where the rent payable under a statutory tenancy is arrived at in accordance with sub-paragraph (1) above, then F3the M3Rent Act 1977 shall apply with the following adaptations:—

(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(b)

F5section 45(2) (under which the rent payable for a statutory period of a tenancy is not to exceed that payable for the last contractual period) shall not apply;

(c)

F6F7sections 46 to 48 (which provide for variations of rent in respect of changes in the burden on the landlord for rates, provision of services etc.) shall apply only if the rent is one arrived at by agreement, and shall then apply as if references to the last contractual period were references to the first statutory period.

Annotations

Textual amendments

F1: Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 46 (a)
F2: Words substitute new s. 6(1) (b) in Landlord and Tenant Act 1954 (c. 56) and amend s. 7
F3: Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 46 (a)
F4: Para. 3(2) (a) repealed by Housing Finance Act 1972 (c. 47), Sch. 11 Pt. II
F5: Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 46 (b)
F6: Words substituted by Rent Act 1968 (c. 23), Sch. 15; continued by Rent Act 1977 (c. 42), Sch. 24 para. 30
F7: Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 46 (c)

Marginal citations

M1: 1954 c. 56.
M2: 1977 c. 42.
M3: 1977 c. 42.

Modifications

C1: The text of Sch. 5 paras. 1, 2, Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.