Section 61: Effect of registration of rent etc., Housing Act 1980

For section 72 of the 1977 Act (effect of registration of rent) there is substituted the following section—

For subsections (4) to (6) of section 13 of the Rent (Agriculture) Act 1976 (efrect of registration of rent) there are substituted the following subsections—

In Part VI of the 1977 Act (rent limit for dwellings let by housing associations, housing trusts and the Housing Corporation)

in section 87 (registration of rent), in subsection (2)(a) for the words "and 70" there are substituted the words "70 and 72" and subsections (3) to (5) are hereby repealed ; and

subsections (1) and (2) of section 96 (effect of determination by rent assessment committee) are hereby repealed.

In section 45 of the 1977 Act (limit of rent during statutory periods) in subsection (3) for the words "on which the rent was registered" there are substituted the words "from which the registration of the rent took effect".

In section 67 of the 1977 Act, for subsection (5) (meaning of "relevant date" in relation to applications for registration of rent) there is substituted the following subsection—

In Schedule 6 to the Rent (Agriculture) Act 1976 and in Schedule 8 to the 1977 Act (phasing of rent increases)—

in paragraph 1(1)—

in the definition of "period of delay" for the words from "means" to the end there are substituted the wordsmeans— aif the registered rent has been confirmed by a rent assessment committee, a period beginning with the date from which the registration of the rent took effect and ending one year after the date on which the committee took their decision; andbin any other case, a period of one year beginning with the date from which the registration took effect..

in the definition of "previous rent limit" for the words "at the date of registration" there are substituted the words "immediately before the relevant date" ; and

before the definition of "service element" there is inserted the following definition—"relevant date" means, in relation to a registered rent—

if the rent was determined by the rent officer (and whether or not it was confirmed by a rent assessment committee), the date on which the rent was registered by the rent officer; and

if the rent was determined by a rent assessment committee, the date on which the rent officer registered the rent determined by him or, as the case may be, noted in the register his confirmation of the rent for the time being registered.;

for paragraph 4 there is substituted the following paragraph—4Where the registration of a rent takes effect in a period of delay which began by reference to an earlier registration, then—afrom the date on which the later registration takes effect the limitation under that period of delay shall cease to apply; andba fresh period of delay shall begin by reference to the later registration; and

paragraphs 7 (in Schedule 6) and 8 (in Schedule 8) are hereby repealed.

In Schedule 11 to the 1977 Act (procedure on application for registration of rent), in paragraph 9(2) for the word "accordingly" there are substituted the words "of their decision and of the date on which it was made".

Subsections (1) to (5) above do not apply in any case where, on the determination or confirmation of a rent by the rent officer, the rent determined by him is registered, or his confirmation is noted in the register, before the commencement of this section.

Section 61: Effect of registration of rent etc.

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