Section 73: Cancellation of registration of rent., Rent Act 1977

An application may be made in accordance with this section for the cancellation of the registration of a rent for a dwelling-house where—

a rent agreement as respects the dwelling-house takes effect, or is to take effect, after the expiration of a period of 3 years beginning with the relevant date (as defined in section 67(5) of this Act), and

the period for which the tenancy has effect cannot end, or be brought to an end by the landlord (except for non-payment of rent or a breach of the terms of the tenancy), earlier than 12 months after the date of the application, and

the application is made jointly by the landlord and the tenant under the agreement.

Such an application may also be made where—

not less than two years have elapsed since the relevant date (as defined in section 67(5) of this Act); and

the dwelling-house is not for the time being subject to a regulated tenancy; and

the application is made by the person who would be the landlord if the dwelling-house were let on such a tenancy.

The rent agreement may be one providing that the agreement does not take effect unless the application for cancellation of registration is granted.

An application under this section must—

be in the form prescribed for the application concerned and contain the prescribed particulars; and

be accompanied, in the case of an application under subsection (1) above, by a copy of the rent agreement.

If the application is made under subsection (1) above and the rent officer is satisfied that the rent, or the highest rent, payable under the rent agreement does not exceed a fair rent for the dwelling-house, he shall cancel the registration and he shall also cancel the registration if the application is made under subsection (1A) above.

Where the application is made under subsection (1) above and under the terms of the rent agreement the sums payable by the tenant to the landlord include any sums varying according to the cost from time to time of any services provided by the landlord or a superior landlord, or of any works of maintenance or repair carried out by the landlord or a superior landlord, the rent officer shall not cancel the registration unless he is satisfied that those terms are reasonable.

A cancellation made in pursuance of an application under subsection (1) above shall not take effect until the date when the agreement takes effect; and if the cancellation is registered before that date, the date on which it is to take effect shall be noted on the register.

The cancellation of the registration shall be without prejudice to a further registration of a rent at any time after cancellation.

The rent officer shall notify the applicants of his decision to grant, or to refuse, any application under this section.

In this section "rent agreement" means—

an agreement increasing the rent payable under a protected tenancy which is a regulated tenancy, or

where a regulated tenancy is terminated, and a new regulated tenancy is granted at a rent exceeding the rent under the previous tenancy, the grant of the new tenancy.

Section 73: Cancellation of registration of rent.

Discussed in

About this text