In determining whether a long tenancy was, at any time,—
(a) a tenancy at a low rent within the meaning of the Rent Act 1968; or
(b) a tenancy to which, by virtue of section 12(7) of the Act of 1920, the Rent Acts did not apply;
there shall be disregarded such part (if any) of the sums payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, council tax,services, repairs, maintenance, or insurance, unless it could not have been regarded by the parties as a part so payable.
In subsection (1) above—
"long tenancy" means a tenancy granted for a term certain exceeding 21 years, other than a tenancy which is, or may become, terminable before the end of that term by notice given to the tenant;
"the Act of 1920" means the Increase of Rent and Mortgage Interest (Restrictions) Act 1920; and
"the Rent Acts" means the Rent and Mortgage Interest Restrictions Acts 1920 to 1939.