Housing Act 1969

For the purposes of this subsection, where a local authority fail to register or vary the registration of a house within a period of five weeks after receiving an application therefor or such longer period as may be agreed in writing between the authority and the applicant they shall be deemed to have refused the application and to have notified him of their refusal at the end of that period.

• (7) Any person contravening or failing to comply with any provision of a scheme under section 22 of the Housing Act 1961 shall be guilty of an offence and liable on summary conviction—

• (a) if the offence is a contravention of so much of the control provisions as relates to occupation, to a greater extent than permitted thereunder, of a house not registered in pursuance of those provisions, to a fine not exceeding £100 or, if the offence is committed by a person previously convicted of an offence consisting of a contravention of the control provisions, to imprisonment for a term not exceeding three months or a fine not exceeding £100 or both;

• (b) if it is a contravention of so much of the control provisions as relates to the occupation of a house registered in pursuance of those provisions by more households or persons than the registration permits, to a fine not exceeding £100;

• (c) in any other case to a fine not exceeding £10.

• (8) In section 22(10) of the Housing Act 1961 for the words from " and without proof " to the end there shall be substituted the words " and the production of any document purporting to be a copy of an entry in any register kept under the scheme and to be certified as a true copy by the clerk of the authority shall be prima facie evidence of the entry, without, in either case, proof of the handwriting or official position of the person by whom it purports to be signed ".

PART V — Payments in respect of Unfit Houses purchased or Demolished, etc.

Extension of payments for well maintained houses

65

• (1) In subsection (2) of section 30 of the Act of 1957 (which includes certain closing orders among the circumstances which may lead to the making of payments for well maintained houses purchased at site value) the words " the proviso to subsection (1) of" shall be omitted and at the end of the subsection there shall be added the words " and shall also apply where a compulsory purchase may be authorised under section 12(1) of this Act, but with the modification that the period during which representations may be made under subsection (1) of this section shall end three months after notice of a compulsory purchase order is served in accordance with paragraph 3(1)(b) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946 and Schedule 1 to this Act. "

• (2) In subsection (3)(a) of that section after the words " in pursuance of the notice " there shall be inserted the words " or under section 12 of this Act ".

Amendments with respect to amount of payments made for well maintained houses

66

• (1) Part I of Schedule 2 to the Act of 1957 (ascertainment of amount payable for well maintained houses) shall have effect as set out in Schedule 4 to this Act.

• (2) Subsection (1) of this section applies in relation to any payment made under section 30 or section 60 of the Act of 1957 in a case where the relevant date (within the meaning of paragraph 3 of that Part of the Schedule so set out) is later than 23rd April 1968.

Payments in respect of partially well maintained houses or parts of buildings

67

• (1) A house which, apart from this section, would not fall to be treated as well maintained for the purposes of sections 30 and 60 of the Act of 1957 (payments in respect of condemned houses which have been well maintained) shall be so treated if either the exterior or the interior of the house has been well maintained and—

• (a) in the case of section 30, the representation mentioned therein was made after the commencement of this Act; and

• (b) in the case of section 60, the house is in an area which was declared a clearance area after the commencement of this Act or, where the section applies because of an order under paragraph 2 of Schedule 2 to the Land Compensation Act 1961, the order was made after the commencement of this Act.

• (2) Where a house comprises more than one dwelling or is occupied partly for the purposes of a dwelling or dwellings and partly for other purposes, then.—

• (a) for the purposes of the relevant provisions so far as they relate to the maintenance of the interior of a house; but

• (b) not for the purposes of those provisions so far as they relate to the maintenance if the exterior of a house;

the dwelling or each of the dwellings shall be deemed to be a house; and in this section " exterior ", in relation to such a house, includes any part of the house which is not included in the interior of a dwelling.

• (3) Where a closing order under section 18(1) of the Act of 1957 is made with respect to a part of a building which is used, or is suitable for use, as a dwelling and the interior of which is well maintained, section 30 of that Act and Part I of Schedule 2 to that Act shall apply in relation to that part as if it were a well maintained house and as if the closing order were a closing order under section 17 of that Act.

• (4) A payment under section 30 or section 60 of the Act of 1957 which is made by virtue of this section shall, instead of being the amount ascertained in accordance with Part I of Schedule 2 to that Act, be one-half of the amount so ascertained.

• (5) In this section " the relevant provisions" means this section and, so far as applicable by virtue of this section, sections 30 and 60 of the Act of 1957 and Part I of Schedule 2 to that Act.

Payments to owner-occupiers and others in respect of unfit houses purchased or demolished

68

• (1) The provisions of Schedule 5 to this Act shall have effect with respect to certain payments to be made in respect of owner-occupied houses in certain circumstances; and where a payment under that Schedule falls to be made with respect to a house no payment with respect thereto shall be made under paragraph 4 of Schedule 2 to the Act of 1957.

• (2) Part II of Schedule 2 to the Act of 1957 (payments to owner-occupiers and others in respect of unfit houses purchased or demolished) shall have effect, in the case of a house where—

• (a) the relevant proceedings leading to the purchase or vacation of the house were begun (within the meaning of paragraph 4(6) of that Schedule) after 23rd April 1968; or

• (b) an order under paragraph 2 of Schedule 2 to the Land Compensation Act 1961 was made after that date declaring the house unfit for human habitation ;

subject to the amendments specified in paragraphs 1, 2 and 4 of Schedule 6 to this Act and, in the case of a house where—

• (i) such an order as is mentioned in paragraph 6 (business premises) of the said Part II was made after the commencement of this Act or is treated (by virtue of paragraph 7(1) of that Part) as having then been made; or

• (ii) such an order as is mentioned in paragraph (b) of this subsection was made after the commencement of this Act;

also subject to the amendment specified in paragraph 3 of the said Schedule 6.

Repayment of certain payments made under Act. of 1957 or this Act

69

Where a payment in respect of a house has been made by a local authority under section 30 or 60 of the Act of 1957, Schedule 2 to that Act or Schedule 5 to this Act in connection with a demolition order, closing order or clearance order and, at any time after the commencement of this Act—

• (a) the demolition order is revoked under section 24 of the Act of 1957 ; or

• (b) the closing order is determined under section 27(2) of the Act of 1957 ; or

• (c) an order under section 24 of the Housing Act 1961 comes into operation excluding the house from the clearance area and modifying or revoking the clearance order accordingly;

then, if at that time the person to whom the payment was made is entitled to an interest in the house (within the meaning of Schedule 5 to this Act) he shall on demand repay the payment to the authority.

PART VI — Miscellaneous and Supplemental Provisions

Review of housing conditions by local authorities

70

It shall be the duty of every local authority (within the meaning of the enactments mentioned in this section) to cause an inspection of their district to be made from time to time with a view to determining what action to take in the performance of their functions under Part II or III of the Act of 1957, Part II of the Housing Act 1961, section 20 or Part IV of the Housing Act 1964 or Part II of this Act, and for the purpose of carrying out that duty the authority and their officers shall comply with any directions the Minister may give and shall keep such records and supply him with such information as he may specify.

Standard of fitness for human habitation

71

In section 4(1) of the Act of 1957 (matters to be taken into account in determining unfitness for human habitation) the following shall be inserted after paragraph (c)—

(cc) internal arrangement

,

and the word " storage " shall be omitted from paragraph (h).

Power of local authority to require repair of houses

72

In section 9 of the Act of 1957 (power to require repair of unfit house) the following subsection shall be inserted after subsection (1):—

(1A) Where a local authority, upon consideration of an official representation, or a report from any of their officers, or other information in their possession, are satisfied that a house is in such state of disrepair that, although it is not unfit for human habitation, substantial repairs are required to bring it up to a reasonable standard, having regard to its age, character and locality, they may serve upon the person having control of the house a notice requiring him, within such reasonable time, not being less than twenty-one days, as may be specified in the notice, to execute the works specified in the notice, not being works of internal decorative repair.

Increase of fine under s. 170 of Housing Act 1957

73

Section 170 of the Housing Act 1957 (power of local authority to require information as to ownership of premises) shall have effect, with respect to offences committed after the commencement of this Act, as if for the words " five pounds " there were substituted the words " fifty pounds ".

Power of local authority to make advances repayable on maturity

74

• (1) A local authority may, subject to such conditions as may be approved by the Minister, advance money to any person for the alteration, enlargement, repair or improvement of any dwelling, and the following provisions of this section shall apply with respect to an advance made under this section.

• (2) The principal of the advance, together with interest thereon, shall be secured by a mortgage of the borrower's interest in the dwelling, and the amount of the principal shall not exceed the value which, in accordance with a valuation duly made on behalf of the local authority, it is estimated that interest will bear when the alteration, enlargement, repair or improvement has been carried out.

• (3) The advance may be made by instalments from time to time as the works of alteration, enlargement, repair or improvement progress.

• (4) The advance shall be made on terms providing for the repayment of the principal at the end of a fixed period, with or without a provision allowing the authority to extend that period, and with a provision for repayment on the happening of a specified event before the end of that period or extended period, and on such other terms as the local authority may think fit, having regard to all the circumstances.

• (5) While repayment of the principal of an advance made under this section is not required in accordance with the terms of the advance, the local authority may suspend, with respect to so much of any sum borrowed by them as is referable to the advance or with respect to any sum paid in respect of the advance out of their Consolidated Loans Fund, any periodical provision for repayment that may be required by any enactment or by any scheme (whether made under section 55 of the Local Government Act 1958 or under any local enactment) by which the Fund was established.

• (6) The power conferred on a local authority by the preceding provisions of this section is without prejudice to any power to advance money exercisable by the authority under any other enactment; but where money is advanced by a local authority under section 43 of the Housing (Financial Provisions) Act 1958 for the acquisition of a house or the conversion into houses of any building, no money shall, in connection therewith, be advanced under this section for the alteration, enlargement, repair or improvement of that house or any of those houses.

• (7) The local authorities for the purposes of this section are the councils of counties, boroughs, urban districts and rural districts and the Common Council of the City of London.

Power of local authority to carry out works of improvement by agreement with and at expense of owner, etc.

75

• (1) A local authority for the purposes of Part I of this Act may by agreement with any person having the requisite interest execute at his expense any work towards the cost of which a grant under Part I of this Act is payable or might be paid on an application duly made and approved and any further work which it is in their opinion necessary or desirable to execute together with it.

• (2) The works with respect to which an agreement may be made under subsection (1) of this section include, if the works are to be carried out in a general improvement area, any works—

• (a) the carrying out of which will or might be assisted under section 32(1)(a) of this Act; or

• (b) towards the cost of which an improvement grant might be made under Part I of this Act if that cost were not below the limit imposed by section 2(3) of this Act; or

• (c) which are works of external repair (including decorative repair) or replacement not included in the definition of " improvement " in section 27 of this Act.

• (3) In this section " the requisite interest", in relation to any works, means an interest in every parcel of land on which the works are to be carried out which is either an estate in fee simple absolute in possession or a term of years absolute of which not less than five years remain unexpired.

Amendment of Housing Act 1964 s. 43(3)

76

In relation to the exercise by a local authority of their powers under Part II of the Housing Act 1964 in pursuance of any representations under section 19 of that Act which are made, or any preliminary notice under section 20 of that Act which is served, after the commencement of this Act, section 43(3) of that Act (which requires a water closet to be, if reasonably practicable, in and readily accessible from the dwelling) shall have effect as if for the words " and readily accessible from" there were substituted the words " and accessible from within ".

Extension of powers under s. 14 of Housing Subsidies Act 1967 to contributions in respect of conversion or improvement of dwellings

77

• (1) Section 14 of the Housing Subsidies Act 1967 (power to reduce, discontinue or transfer subsidies in certain circumstances) shall have effect as if the payments specified in subsection (2) of this section were annual subsidies within the meaning of that section.

• (2) The payments referred to in subsection (1) of this section are payments by the Minister under—

• (a) section 15, 19 or 31(3) of the Housing Act 1949 ;

• (b) section 9, 11 or 12 of the Housing (Financial Provisions) Act 1958;

• (c) section 13 of the House Purchase and Housing Act 1959;

• (d) section 17, 18, 19 or 21 of this Act;

and so much of any payment made by the Minister under section 37 of this Act as is referable to any expenditure incurred by a housing association and treated for the purposes of subsection (1) of that section as incurred by a local authority.

• (3) In its application, by virtue of this section, to any payment referable to expenditure incurred by a housing association or development corporation in pursuance of arrangements made with a local authority under section 121 of the Act of 1957 or that section as applied by section 125 of that Act, section 14(5)(b) of the Housing Subsidies Act 1967 shall have effect as if those arrangements were included in the definition of " authorised arrangements " in section 21 of that Act and any dwelling improved in pursuance of the arrangements had been provided in pursuance thereof.

Power to increase subsidy for option mortgages

78

At the end of section 28 of the Housing Subsidies Act 1967 (aggregate amount of subsidy under Part II) there shall be added the following:—

(3) The Minister of Housing and Local Government, the Secreary of State for Wales and the Secretary of State for Scotland acting jointly may, with the approval of the Treasury, by order made by statutory instrument provide that with respect to interest payable for any period beginning on or after such date as may be specified in the order the calculation required by subsection (1)(b) of this section shall be made as if such higher percentages as may be specified in the order were substituted respectively for the two per cent, mentioned in that subsection and the one and three-quarters per cent, mentioned in subsection (2) of this section. (4) An order under this section— (a) may make different provision with respect to different cases or different classes of case and, in particular, with respect to repayment contracts providing for different rates of interest; (b) may except from its provisions repayment contracts providing for such rates of interest as may be specified in the order ; and (c) may include provision enabling the Minister to determine a rate of interest as representative of the rate applicable at any time under repayment contracts of any description made with a qualifying lender during any period and relating to loans not subsidised under this Part of this Act and, if that rate is different from that then applicable under any repayment contract made with that lender during that period but relating to a loan so subsidised, to treat that contract for the purposes of this section as if the rate so determined were then applicable thereunder. (5) The power to make an order under this section includes power to vary or revoke such an order by a subsequent order; but no such order shall be made unless a draft thereof has been laid before and approved by the Commons House of Parliament

.

Right to terminate period for which option notice has effect

79

• (1) In section 24(3) of the Housing Subsidies Act 1967 the following shall be inserted after paragraph (vi):—

(vii) the taking effect of a notice under section 26A of this Act.

• (2) After section 26 of that Act there shall be inserted the following section:—

(26A) (1) Where an option notice has been given in respect of a loan the person or persons in whom the rights and obligations under the repayment contract are for the time being vested may by notice to the lender bring the period for which the option notice has effect to an end on 31st March of any year not earlier than 1973, but only if not less than five years have then elapsed since the date of the repayment contract. (2) A notice under this section must be in writing and in such form as the Minister may direct and must be given not less than three months before the date on which it is to take effect.

Long tenancies at a low rent

80

• (1) In determining whether a long tenancy is, or at any time before the commencement of this Act was.—

• (a) a tenancy at a low rent within the meaning of the Rent Act 1968 or Part I of the Landlord and Tenant Act 1954; 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, services, repairs, maintenance, or insurance, unless it could not have been regarded by the parties as a part so payable.

• (2) Nothing in this section shall affect the amount of any payment which a tenant is or was liable to make for any rental period beginning before the commencement of this Act.

• (3) In this section—

• " long tenancy " means a tenancy granted for a term certain exceeding twenty-one 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.

Other long tenancies

81

• (1) Where a tenancy is both a protected tenancy within the meaning of the Rent Act 1968 and a long tenancy within the meaning of Part I of the Landlord and Tenant Act 1954, then.—

• (a) if the conditions specified in subsection (2) of this section are satisfied with respect to it, nothing in Part VII of the Rent Act 1968 (premiums &c.) or the enactments replaced by it shall apply or be deemed ever to have applied to the tenancy ;

• (b) if any of those conditions are not satisfied with respect to it Schedule 7 to this Act shall apply and, if the tenancy was granted before the passing of this Act, be deemed always to have applied to it.

• (2) The conditions mentioned in subsection (1)(a) of this section are—

• (a) that the tenancy is not, and cannot become, terminable within twenty years of the date when it was granted by notice given to the tenant; and

• (b) that, unless the tenancy was granted before the passing of this Act or was granted in pursuance of Part I of the Leasehold Reform Act 1967, the sums payable by the tenant otherwise than in respect of rates, services, repairs, maintenance or insurance are not, under the terms of the tenancy, varied or liable to be varied within twenty years of the date when it was granted nor, thereafter, more than once in any twenty-one years; and

• (c) that assignment or underletting of the whole of the premises comprised in the tenancy is not precluded by the terms of the tenancy and, if it is subject to any consent, there is neither a term excluding section 144 of the Law of Property Act 1925 (no payment in nature of fine) nor a term requiring in connection with a request for consent the making of an offer to surrender the tenancy.

• (3) Where the condition specified in subsection (2)(b) of this section would be satisfied with respect to a sub-tenancy but for a term providing for one variation, within twenty years of the date when the sub-tenancy was granted, of the sums payable by the sub-tenant, that condition shall be deemed to be satisfied notwithstanding that term, if it is satisfied with respect to a superior tenancy of the premises comprised in the sub-tenancy (or of those and other premises).

• (4) Nothing in this section shall affect the recovery, in pursuance of any judgment given or order or agreement made before 20th May 1969, of any amount which it was not lawful to receive under the law in force at the time it was received.

• (5) In this section and in Schedule 7 to this Act " grant" includes continuance and renewal and " premium" has the same meaning as in Part VII of the Rent Act 1968.

Price payable on enfranchisement of leasehold house

82

The Leasehold Reform Act 1967 shall have effect, and be deemed always to have had effect, as if in section 9(1) (which provides for the price to be paid by a tenant on an enfranchisement under the Act to be calculated on certain assumptions, by reference to a sale of the reversion in the open market by a willing seller) there had been inserted after the words " a willing seller " the words " (with the tenant and members of his family who reside in the house not buying or seeking to buy) ", and as if at the end of section 9(1) there were added the words " The reference in this subsection to members of the tenant's family shall be construed in accordance with section 7(7) of this Act ":

Amendment of Rent Act 1968 s. 46

83

At the end of section 46 of the Rent Act 1968 (determination of fair rent) there shall be added the following subsection:—

(4) In this section ' improvement' includes the replacement of any fixture or fitting.

Supplemental

Cost of acquisition involving periodical payments

84

In ascertaining for the purposes of section 18, 21 or 37 of this Act the cost of acquiring an estate or interest in a case where periodical payments fall to be made in connection with the acquisition that cost shall be taken to include such sum as the Minister may determine to be the capital equivalent of those payments.

Orders and regulations

85

• (1) Any order made by the Minister under any provision of this Act may be varied or revoked by a subsequent order made thereunder.

• (2) Any order made by the Minister under this Act and any regulations made under this Act shall be made by statutory instrument.

• (3) Any statutory instrument made under this Act, except one containing an order under section 22, 37, 50, 58 or 87 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

86

• (1) In this Act—

• " the Act of 1957 " means the Housing Act 1957 ;

• " housing association " has the meaning assigned to it for the purposes of the Act of 1957 by section 189(1) of that Act;

• " land " includes any estate or interest in land ;

• " the Minister ", except where it means the Secretary of State, means the Minister of Housing and Local Government and, in the application to Wales and Monmouthshire of any provision other than sections 18(3), 18(4), 21(5), 21(6) and 22 and other than the definition of " prescribed " in section 27 as it relates to section 2(3), 4(2), 5(2) or 6(4), means the Secretary of State;

• " standard amenities " has the meaning assigned to it by section 7 of this Act.

• (2) For the purposes of this Act a person is a member of another's family if that person is—

• (a) the other's wife or husband ; or

• (b) a son or daughter or a son-in-law or daughter-in-law of the other, or of the other's wife or husband; or

• (c) the father or mother of the other, or of the other's wife or husband.

In paragraph (b) of this subsection any reference to a person's son or daughter includes a reference to any step-son or stepdaughter, any illegitimate son or daughter, and any adopted son or daughter of that person, and " son-in-law " and " daughter-in-law " shall be construed accordingly.

• (3) Section 4 of the Act of 1957 (standard of fitness for human habitation) shall apply for the purposes of this Act.

• (4) For the purposes of this Act the cost of any works shall be taken to include the cost of the employment in connection with the works of an architect, engineer, surveyor, land-agent or other person in an advisory or supervisory capacity.

• (5) For the purposes of this Act the annual loan charges referable to any amount shall be, subject to sections 21(7) and 37(7) of this Act, the annual sum that, in the opinion of the Minister, would fall to be provided by a housing authority for the payment of interest on, and the repayment of, a loan of that amount repayable over a period of twenty years.

• (6) References in this Act to any enactment shall be construed, except where the context otherwise requires, as references to that enactment as amended, and as including references thereto as applied, by any other enactment, including any enactment contained in this Act.

Application to Stilly Isles

87

Section 115 of the Rent Act 1968 (application to Isles of Scilly) shall have effect as if the reference therein to Part IV of that Act included a reference to Part III of this Act; and the other provisions of this Act shall have effect, in their application to the Isles of Scilly, subject to such exceptions, adaptations and modifications as the Minister may by order direct.

Power to repeal or amend local Acts

88

• (1) The Minister may by order repeal or amend any provision in any local Act passed before this Act where it appears to him that the provision is inconsistent with, or has become unnecessary, in consequence of any provision of Part I, Part II or section 64 of this Act.

• (2) Before making an order under this section the Minister shall consult with any local authority which appears to him to be concerned.

• (3) An order under this section may contain such transitional, supplementary or incidental provisions as appear to the Minister to be expedient.

Minor and consequential amendments, repeals and savings

89

• (1) The enactments mentioned in Schedule 8 to this Act shall have effect subject to the minor and consequential amendments specified therein.

• (2) The transitional provisions and savings contained in Schedule 9 to this Act shall have effect.

• (3) Subject to the savings contained in Schedule 9 to this Act, the enactments mentioned in Schedule 10 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Expenses

90

Any expenses of the Minister under this Act and any expenses of the Minister under any other enactment which are attributable to the provisions of this Act shall be defrayed out of moneys provided by Parliament.

Citation, construction, commencement and extent

91

• (1) This Act may be cited as the Housing Act 1969.

• (2) This Act, the Housing Acts 1957 to 1965 and the Housing Subsidies Act 1967 may be cited together as the Housing Acts 1957 to 1969.

• (3) Part IV of this Act shall be construed as one with the Act of 1957.

• (4) This Act, except sections 80 to 82, shall not come into force until the expiration of the period of one month beginning with the date on which it is passed.

• (5) This Act, except sections 78 and 79, does not extend to Scotland.

• (6) This Act does not extend to Northern Ireland.

SCHEDULE 1

PART I — Table of standard amenities

PART II — Provisions Applicable to Certain Amenities

1

The fixed bath or shower must be in a bathroom, except in the case mentioned in paragraph 2 of this Schedule.

2

If it is not reasonably practicable for the fixed bath or shower to be in a bathroom but it is reasonably practicable for it to be provided with a hot and cold water supply it need not be in a bathroom but may be in any part of the dwelling which is not a bedroom.

3

The water closet must, if reasonably practicable, be in, and accessible from within, the dwelling or, if that is not reasonably practicable, in such a position in the curtilage of the dwelling or, where the dwelling is part of a larger building, in that building, as to be readily accessible from the dwelling.

PART III — Limit on Amount of Standard Grant or Standard Contribution

4

The amount of—

• (a) a standard grant, or

• (b) the allowable cost for the purposes of a standard contribution,

shall not exceed £450 and shall not exceed the sum of the amounts allowable under the following provisions of this Schedule.

5

Subject to paragraph 10 of this Schedule, for each of the standard amenities provided there shall be allowed the amount specified for an amenity of that description in the third column of the Table set out in Part I of this Schedule or the amount substituted therefor under the following provisions of this Schedule.

6

• (1) If the works comprise, in connection with all or any of the amenities provided, the bringing of a piped supply of cold water into the dwelling for the first time there shall also be allowed an amount fixed, in the case of a standard grant, by the local authority and, in the case of a standard contribution, by the Minister.

• (2) The amount to be fixed under this paragraph shall be the amount which in the opinion of the local authority or Minister is one half of such part of the cost proper to be incurred in carrying out the works as is attributable to the bringing of the piped supply into the dwelling.

7

• (1) If the works comprise the provision of a fixed bath or shower in a bathroom and the bathroom is being provided by the building of a new structure or the conversion of out-buildings attached or to be attached to the dwelling (or to the building of which the dwelling forms part) then, if before the application for the grant or contribution is approved the local authority have, or the Minister has, been satisfied that it is not reasonably practicable to provide the bathroom in any other way there shall be substituted as the amount allowed for that amenity an amount fixed by the local authority or Minister.

• (2) The amount to be fixed under this paragraph shall be such amount, higher than that specified in the Table set out in Part I of this Schedule, as in the opinion of the local authority or Minister is one half of such part of the cost proper to be incurred in carrying out the works as is attributable to the provision of the fixed bath or shower in a bathroom.

8

• (1) If the works comprise the provision of a water closet and, in connection therewith, the installation of a septic tank or a cesspool then, if before the application for the grant or contribution is approved the local authority have or the Minister has been satisfied that the connection of the water closet with main drainage is not possible or reasonably practicable there shall be substituted as the amount allowed for that amenity an amount fixed by the local authority or Minister.

• (2) The amount to be fixed under this paragraph shall be such amount, higher than that specified in the Table set out in Part I of this Schedule, as in the opinion of the local authority or Minister is one half of such part of the cost proper to be incurred in carrying out the works as is attributable to the provision of the water closet.

9

The amount to be fixed under paragraph 6, 7 or 8 of this Schedule shall be fixed by the local authority or Minister when approving the application for the grant or contribution; but if the applicant satisfies the local authority or Minister that the works by reference to the cost of which the amount is fixed cannot be or could not have been carried out without the carrying out of works in addition to those specified in the application, they or he may substitute a higher amount for that fixed under that paragraph.

10

An amount shall not be allowed for more than one amenity of the same description; and no amount shall be allowed for an amenity of any description if at the time the works were begun the dwelling was provided with an amenity of that description, except where the works involved interference with or replacement of that amenity and the local authority are or the Minister is satisfied that it would not have been reasonably practicable to avoid the interference or replacement.

SCHEDULE 2

PART I — Applications for Certificates of Fair Rent by Landlords under Controlled Tenancies

1

Where, on an application for a qualification certificate, a local authority have issued a certificate of provisional approval, the applicant may apply to the rent officer for a certificate of fair rent.

2

An application made under paragraph 1 of this Schedule must be accompanied by copies of the plans and specifications which accompanied the application for the qualification certificate and of the certificate of provisional approval.

3

A certificate of fair rent issued on an application under this Schedule shall specify the rent which would be a fair rent under the regulated tenancy that might arise by virtue of section 43 of this Act if the works shown in the plans and specifications were carried out.

4

Schedule 7 to the Rent Act 1968 shall have effect with respect to an application made under this Schedule as if—

• (a) paragraphs 1(c) and 3 were omitted ; and

• (b) in paragraph 4(1) for the words from the beginning to " he shall serve " there were substituted the words " The rent officer shall serve " , and

• (c) in paragraph 9 the words preceding sub-paragraph (a) were omitted.

PART II — Applications for Registration

Procedure on application to rent officer

5

On receiving the application for registration the rent officer shall ascertain whether any differences are specified in the qualification certificate in accordance with section 46(4) of this Act.

6

If no differences are so specified and the application was made not later than three months after the issue of the qualification certificate, the rent officer shall register the rent in accordance with the certificate of fair rent.

7

In any other case he shall serve a notice on the tenant informing him of the application and specifying a period of not less than seven days from fee service of the notice during which representations in writing may be made to the rent officer against the registration of the rent specified in the certificate.

8

Where no such representations are made then, unless it appears to the rent officer that the rent specified in the certificate of fair rent is higher than a fair rent, he shall register that rent and notify the landlord and tenant accordingly.

9

• (1) Where representations are made as mentioned in paragraph 7 of this Schedule or the rent officer is of opinion that the rent specified in the certificate of fair rent is higher than a fair rent he shall serve notice on the landlord and on the tenant informing them that he proposes, at a time (which shall not be earlier than seven days after the service of the notice) and place specified in the notice to consider in consultation with the landlord and the tenant, or such of them as may appear at that time and place, what rent, not exceeding that specified in the certificate of fair rent, ought to be registered.

• (2) At any such consultation the landlord and tenant may each be represented by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor.

10

• (1) The rent officer shall consider, in accordance with the preceding paragraph, what rent ought to be registered, and—

• (a) if, after considering it, he is of opinion that the rent specified in the certificate is not higher than a fair rent he shall register it; but

• (b) if, after considering it, he is of opinion that the rent so specified is higher than a fair rent he shall determine a fair rent and register that rent,

as the rent for the dwelling, and shall give notice of the registration to the landlord and the tenant.

• (2) The notice shall state that if, within twenty-eight days of the service of the notice or such longer period as the rent officer or a rent assessment committee may allow, an objection in writing is received by the rent officer from the landlord or die tenant the matter will be referred to a rent assessment committee.

11

• (1) If such an objection is received, then—

• (a) if it is received within the period of twenty-eight days mentioned in the preceding paragraph or a rent assessment committee so direct, the rent officer shall refer the matter to a rent assessment committee ;

• (b) if it is received after that period, the rent officer may either refer the matter to a rent assessment committee or seek the directions of a rent assessment committee whether so to refer it.

• (2) The rent officer shall indicate in the register whether the matter has been referred to a rent assessment committee in pursuance of this paragraph.

Determination of fair rent by rent assessment committee

12

The rant assessment committee to whom a matter is referred under paragraph 11 of this Schedule shall serve on the landlord and on the tenant a notice specifying a period of not less than fourteen days from the service of the notice during which either representations in writing or a request to make oral representations may be made by him to the committee.

13

Where, within the period specified under paragraph 12 of this Schedule or such further period as the committee may allow, the landlord or the tenant requests to make oral representations the committee shall give him an opportunity to be heard cither in person or by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor.

14

• (1) The committee shall make such inquiry, if any, as they think fit and consider any representation made to them in pursuance of the preceding paragraphs and—

• (a) if it appears to them that the rent registered by the rent officer has been rightly registered they shall confirm it;

• (b) in any other case they shall designate as the rent for the dwelling-house either the rent specified in the certificate of fair rent or such lower rent as appears to them to be a fair rent, as the case may require ;

and they shall notify the landlord, the tenant and the rent officer accordingly.

• (2) On receiving the notification, the rent officer shall, as the case may require, either indicate in the register that the rent has been confirmed or register the rent designated by the committee as the rent for the dwelling.

SCHEDULE 3

Restriction on rent increases after first registration

1

Where a rent for a dwelling which is subject to a regulated tenancy is registered under Part IV of the Rent Act 1968 and the registration is the first—

• (a) after the tenancy has become a regulated tenancy by virtue of Part III of this Act; or

• (b) after the completion, during the existence of the tenancy, of works towards the cost of which a grant was payable under Part I of this Act;

then if the rent payable under the tenancy for any statutory period beginning during the period of delay imposed by paragraph 2 of this Schedule is less than the rent so registered, it shall not be increased by a notice of increase under section 22(2) of the Rent Act 1968 except to the extent (if any) permitted under the following provisions of this Schedule ; and any such notice which purports to increase it further shall have effect to increase it to the extent so permitted but no further.

Period of delay

2

There shall be a period of delay with respect to any rent registered as mentioned in paragraph 1 of this Schedule, which shall be—

• (a) if the rent is registered as mentioned in sub-paragraph (a) of that paragraph, a period of four years ;

• (b) if the rent is registered as mentioned in sub-paragraph (b) of that paragraph, a period of two years ;

beginning with the date of registration.

Permitted increase

3

• (1) The rent may be increased to the aggregate of the following:—

• (a) the amount of the previous limit, calculated in accordance with paragraph 4 of this Schedule ;

• (b) the amount (if any) apportioned to services in accordance with paragraph 5 of this Schedule ; and

• (c) the appropriate proportion of the difference between the registered rent and the aggregate of the amounts specified in paragraphs (a) and (b) above.

• (2) The appropriate proportion mentioned in sub-paragraph (1)(c) of this paragraph shall be ascertained for any rental period in accordance with the following Table, in which the year of the period of delay in which the rental period begins is shown in the first column and the appropriate proportion in the second or third column, according as the period of delay imposed by paragraph 2 of this Schedule is two years or four years.

Year of period of delay	Appropriate Proportion	Appropriate Proportion
Year of period of delay	Where period of delay is two years	Where period of delay is four years
1st year	one-third	one-fifth
2nd year	two-thirds	two-fifths
3rd year	—	three-fifths
4th year	—	four-fifths

• (3) Notwithstanding anything in the preceding provisions of this paragraph, the amount to which the rent may be increased for any rental period shall not in any case be less than seven shillings and sixpence a week above the following, that is to say—

• (a) if the rental period begins in the first year of the period of delay, the aggregate of the amounts specified in sub-paragraphs (1)(a) and (1)(b) of this paragraph ;

• (b) if the rental period begins in a subsequent year, the amount to which the rent could be increased for a rental period beginning in the previous year ;

but nothing in this paragraph shall be taken to enable the rent to be increased above the amount registered.

Previous limit

4

• (1) For the purposes of this Schedule the previous limit of a rent shall be taken to be, subject to sub-paragraph (2) of this paragraph, the amount which at the date of registration was recoverable by way of the rent or would have been so recoverable if all notices of increase authorised by the Rent Act 1968 or by regulations under section 9 of the Prices and Incomes Act 1968 had been served.

• (2) Where the rent includes an amount payable in respect of rates, the amount so payable, ascertained in accordance with Schedule 4 to the Rent Act, 1968, shall be deducted from the amount specified in sub-paragraph (1) of this paragraph in calculating the previous limit of the rent.

Amount to be apportioned to services

5

• (1) Where the registered rent includes a payment in respect of services provided by the landlord or a superior landlord, then if—

• (a) the rent is not registered as a variable rent in accordance with section 47(4) of the Rent Act 1968 ; but

• (b) not less than 10 per cent, of the amount of the registered rent is in the opinion of the rent officer or rent assessment committee fairly attributable to the provision of the services ;

the amount so attributable shall be noted in the register.

• (2) Where it appears to the rent officer or rent assessment committee that some amount was in the previous limit attributable to the provision of services by the landlord or a superior landlord and was less than the amount noted in pursuance of sub-paragraph (1) of this paragraph, then—

• (a) if the amount so attributable can be ascertained the difference between it and the amount so noted shall be the amount apportioned to the services ;

• (b) if the amount so attributable cannot be ascertained it shall be taken to be an amount bearing to the previous limit the same proportion as the amount noted in pursuance of sub-paragraph (1) of this paragraph bears to the amount of the registered rent, and the difference between the amount so taken and the amount so noted shall be the amount apportioned to the services ;

and the amount apportioned to the services in accordance with this sub-paragraph shall also be noted in the register.

• (3) Where it appears to the rent officer or rent assessment committee that no amount was in the previous limit attributable to the provision of services by the landlord or a superior landlord, the amount noted in pursuance of sub-paragraph (1) of this paragraph shall be the amount apportioned to the services and shall be noted as such in the register.

Restriction on rent increases in cases of further registration during period of delay

6

• (1) Where a rent (in this paragraph referred to as the first rent) for a dwelling which is subject to a regulated tenancy has been registered as mentioned in paragraph 1 of this Schedule and, in any year of the period of delay imposed by paragraph 2 of this Schedule, a new rent for the dwelling is registered under Part IV of the Rent Act 1968, then, if the new rent exceeds the rent for the time being recoverable under the regulated tenancy the following provisions of this paragraph shall apply and the preceding provisions of this Schedule shall not apply.

• (2) The rent for any statutory period beginning before the end of the period of delay shall not be increased by a notice of increase under section 22(2) of the Rent Act 1968 except to the extent permitted by the following provisions of this paragraph ; and any such notice which purports to increase it further shall have effect to increase it to the extent so permitted but no further.

• (3) If the new rent is less than the first rent the rent payable under the regulated tenancy may be increased (up to the amount registered) to the same extent as if the first rent had remained registered.

• (4) If the new rent exceeds the first rent the registration shall not affect the amount recoverable for any rental period beginning in the year mentioned in sub-paragraph (1) of this paragraph ; and the rent for any statutory period beginning after that year may be increased to an amount arrived at by adding the difference between the first rent and the new rent to the amount to which the rent for that period could have been increased had the first rent remained registered.

Successive tenancies

7

Where a rent for a dwelling which is subject to a regulated tenancy is registered as mentioned in paragraph 1 of this Schedule and, during the period of delay imposed by paragraph 2 of this Schedule with respect to the rent, the tenant, or any person who might succeed him as a statutory tenant, becomes the tenant under a new regulated tenancy of the dwelling—

• (a) the rent limit for any contractual period of the new regulated tenancy beginning during that period of delay shall be the amount to which, if the first-mentioned tenancy had continued, the rent payable thereunder could have been increased in accordance with this Schedule for a statutory period beginning at the same time, and in relation to such a contractual period the reference in section 47(3) of the Rent Act 1968 to section 20(2) of that Act shall be construed as a reference to this paragraph ; and

• (b) in relation to any statutory period of the new tenancy beginning during that period of delay the preceding provisions of this Schedule shall have effect as if it were a statutory period of the first-mentioned tenancy.

8

Where—

• (a) a controlled tenancy of a dwelling becomes a regulated tenancy by virtue of Part III of this Act; or

• (b) a dwelling improved by works towards the cost of which a grant is payable under Part I of this Act is, at the time the works are completed, subject to a regulated tenancy ;

and the tenant, or any person who might succeed him as a statutory tenant, becomes the tenant under a new regulated tenancy of the dwelling, then, if during the continuance of the new regulated tenancy a rent for the dwelling is registered under Part IV of the Rent Act 1968 and the registration would be such a registration as is mentioned in paragraph 1 of this Schedule had the regulated tenancy mentioned in sub-paragraph (a) or (b) of this paragraph continued, paragraphs 1 to 6 of this Schedule shall apply as if it had continued, and paragraph 7(a) of this Schedule shall apply with the necessary modifications.

Application to tenancies converted by order under s. 8 of Rent Act 1968

9

Where a regulated tenancy of a dwelling has become a regulated tenancy by virtue of an order under section 8 of the Rent Act 1968 and a rent for the dwelling is registered as mentioned in paragraph 1(b) of this Schedule section 27 of that Act (restriction on rent increases) shall thereupon cease to apply to the tenancy.

Supplemental

10

In ascertaining for the purposes of this Schedule whether there is any difference between amounts or what that difference is such adjustments shall be made as may be necessary to take account of periods of different lengths ; and for that purpose a month shall be treated as one-twelfth and a week as one fifty-second of a year.

11

Where the rent specified in a certificate of fair rent includes a payment in respect of services provided by the landlord or a superior landlord and the amount which in the opinion of the rent officer or rent assessment committee is fairly attributable to the provision of the services is not less than ten per cent, of the amount of the rent then, if the application for the certificate is made in pursuance of section 46(2) of this Act or the applicant so requests the amount so attributable shall be noted in the certificate together with the amount to be entered in the register under paragraph 5 of this Schedule as the amount to be apportioned to the services.

12

Any amount to be noted in the register or in a certificate of fair rent in pursuance of paragraph 5 or paragraph 11 of this Schedule as an amount fairly attributable to the provision of services shall be included among the matters to be specified in an application for the registration or for the certificate and any such amount and any amount to be so noted as an amount apportioned or to be apportioned to the services shall be included among the matters with respect to which representations may be made or consultations are to be held or notices to be given under Schedule 6 or Schedule 7 to the Rent Act 1968 or Schedule 2 to this Act.

13

Where a rent designated or determined by a rent assessment committee is registered in substitution for a rent determined by the rent officer, the preceding provisions of this Schedule shall have effect as if only the rent designated or determined by the rent assessment committee had been registered ; but the date of registration shall be deemed for the purposes of this Schedule (but not for the purposes of section 22(3) of the Rent Act 1968) to be the date on which the rent determined by the rent officer was registered.

SCHEDULE 4

PART I — Ascertainment of amount payable for well maintained houses

1

• (1) Subject to the following provisions of this Part of this Schedule, the amount of any payment made in respect of a house under section 30 or section 60 of this Act shall be an amount equal to the rateable value of the house multiplied by four or such other multiplier as the Minister may by order made by statutory instrument prescribe.

• (2) The amount shall not in any case exceed the amount (if any) by which the full value of the house (that is to say the amount which would have been payable as compensation if it had been purchased compulsorily but not as being unfit for human habitation) exceeds the site value thereof (that is to say the amount which is payable as compensation by virtue of its being purchased compulsorily as being unfit for human habitation, or which would have been so payable if it had been so purchased); and any question as to such value shall be determined, in default of agreement, as if it had been a question of disputed compensation arising on such a purchase.

• (3) Where a payment falls to be made in respect of any interest in the house under Part II of this Schedule or under Schedule 5 to the Housing Act 1969, no payment shall be made in respect of that house under this Part of this Schedule unless the other payment relates to part only of the house, and in that case such part only of the amount which Would otherwise be payable in accordance with the preceding provisions of this Part of this Schedule shall be payable as may reasonably be attributed to the remainder of the house.

2

An order made by the Minister under this Part of this Schedule shall be of no effect unless it is approved by a resolution of each House of Parliament.

3

• (1) For the purposes of this Part of this Schedule the rateable value of a house shall be determined as follows :—

• (a) if the house is a hereditament for which a rateable value is shown in the valuation list in force on the relevant date, it shall be that rateable value ;

• (b) if the house forms part only of such a hereditament or consists of or forms part of more than one such hereditament, its rateable value shall be taken to be such value as is found by a proper apportionment or aggregation of the rateable value or values so shown.

• (2) Any question arising under this paragraph as to the proper apportionment or aggregation of any value or values shall be referred to and determined by the valuation officer (within the meaning of the General Rate Act 1967).

• (3) In this paragraph " the relevant date", in relation to any house, means—

• (a) if the house was vacated in pursuance of a demolition order or closing order or was declared unfit for human habitation by an order under paragraph 2 of Schedule 2 to the Land Compensation Act 1961, the date when the order was made ;

• (b) if the house was purchased compulsorily in pursuance of a notice served under section 19 of this Act, the date when the notice was served ;

• (c) if the house was comprised in an area declared a clearance area, the date on which the area was so declared ;

• (d) if the house was purchased compulsorily under section 12 of this Act, the date on which the notice mentioned in that section was served ;

• (e) if the house might have been the subject of a demolition order but was, without the making of such an order, vacated and demolished in pursuance of an undertaking for its demolition given to the local authority, the date on which the undertaking was given.

SCHEDULE 5

Right to and amount of payments

1

• (1) Where a house has been purchased at site value in pursuance of a compulsory purchase order made by virtue of Part II or Part III of the Act of 1957 or in pursuance of an order under paragraph 2 of Schedule 2 to the Land Compensation Act 1961, or has been vacated in pursuance of a demolition order under Part II of the Act of 1957, a closing order under section 17 of that Act or a clearance order, then, if—

• (a) the relevant date is later than 23rd April 1968 ; and

• (b) on the relevant date and throughout the qualifying period the house was wholly or partly occupied as a private dwelling and the person so occupying it (or, if during that period it was so occupied by two or more persons in succession, each of those persons) was a person entitled to an interest in that house or a member of the family of a person so entitled ;

the authority concerned shall make in respect of that interest a payment of an amount determined in accordance with paragraphs 2 and 3 of this Schedule.

• (2) Where an interest in a house purchased or vacated as mentioned in sub-paragraph (1) of this paragraph was acquired by any person (in this sub-paragraph referred to as the first owner) after 23rd April 1968 and less than two years before the relevant date, and a payment under sub-paragraph (1) of this paragraph in respect of that interest would have fallen to be made by the authority concerned had the qualifying period been a period beginning with the acquisition and ending with the relevant date, the authority concerned shall make to the person who was entitled to the interest at the date the house was purchased or vacated a payment of the like amount, if—

• (a) the authority are satisfied that before acquiring the interest the first owner had made all reasonable enquiries to ascertain whether it was likely that the order, notice or declaration by reference to which the relevant date is defined in paragraph 5(1) of this Schedule would be made or served within two years of the acquisition and that he had no reason to believe that it was likely ; and

• (b) the person entitled to the interest at the date when the house was purchased or vacated was the first owner or a member of his family.

• (3) Where during a part of the qualifying period amounting, or during parts thereof together amounting, to not more than one year a person previously in occupation of the whole or part of the house was not in occupation thereof by reason only of a posting in the course of his duties as a member of the armed forces of the Crown or of a change in the place of his employment or occupation he shall be deemed for the purposes of this paragraph to have continued in occupation during that part or those parts.

2

Subject to paragraph 3 of this Schedule, the amount of any payment made under the preceding paragraph in respect of an interest shall be an amount equal to its full compulsory purchase value less the compensation which was or would have been payable in respect of the interest in connection with the compulsory purchase of the house at site value.

3

• (1) The amount which would otherwise be payable under paragraph 1 of this Schedule shall be reduced by such part, if any, of that amount as may reasonably be attributed to any part of the house occupied for any purposes other than those of a private dwelling at the date of the making of the compulsory purchase order, demolition order, closing order, clearance order or order under paragraph 2 of Schedule 2 to the Land Compensation Act 1961.

• (2) Any question arising under this paragraph as to the purposes for which any part of a house was occupied shall be determined by the Minister, and subject thereto the amount of any payment under paragraph 1 of this Schedule in respect of an interest shall be determined (in default of agreement) as if it were compensation payable in respect of the compulsory purchase of the interest under Part III of the Act of 1957, and the payment shall, subject to sub-paragraph (3) of this paragraph, be dealt with as if it were such compensation.

• (3) Any such payment in respect of an interest which, at the date when the house was purchased compulsorily or, as the case may be, vacated, was held by virtue of an agreement to purchase by instalments shall be made to the person entitled to the interest at that date.

Provisions as to mortgages and other charges

4

Paragraph 5 of Schedule 2 to the Act of 1957 (relief and adjustments) shall apply in relation to a payment under this Schedule as it applies in relation to a payment under paragraph 4 of that Schedule.

Interpretation

5

• (1) In this Schedule, in relation to any house purchased or vacated, " the relevant date " and " the authority concerned " mean respectively—

• (a) if the house was vacated in pursuance of a demolition order or closing order, the date when and the authority by whom the order was made ;

• (b) if the house was declared unfit for human habitation by an order under paragraph 2 of Schedule 2 to the Land Compensation Act 1961, the date when the order was made and the acquiring authority within the meaning of that Act;

• (c) if the house was purchased compulsorily under section 12 of the Act of 1957, the date when and the authority by whom the notice mentioned in that section was served ;

• (d) if the house was purchased compulsorily in pursuance of a notice served under section 19 of the Act of 1957, the date when and the authority by whom the notice was served ;

• (e) if the house was comprised in an area declared as a clearance area, the date when and the authority by whom the area was so declared;

and " the qualifying period " means the period of two years ending with the relevant date, except that where that date is earlier than 22nd April 1970, it means the period beginning with 23rd April 1968 and ending with the relevant date.

• (2) In this Schedule—

• " full compulsory purchase value ", in relation to any interest in a house, means the compensation which would be payable in respect of the compulsory purchase of that interest if that compensation fell to be assessed in accordance with subsections (1) and (4) of section 59 of the Act of 1957 and, in the case of a house subject to a clearance order, demolition order or closing order, the making of that order were a service of the notice to treat;

• " house " includes any building constructed or adapted wholly or partly as, or for the purposes of, a dwelling;

• " interest " in a house does not include the interest of a tenant for a year or any less period or of a statutory tenant within the meaning of the Rent Act 1968;

• " site value", in relation to the compulsory purchase of a house, means compensation in respect thereof assessed in accordance with the provisions of section 59(2) of the Act of 1957 (or under the corresponding provisions applicable to any compulsory purchase under Part II of that Act).

• (3) For the purposes of this Schedule, a house which might have been the subject of a demolition order but which has, without the making of such an order, been vacated and demolished in pursuance of an undertaking for its demolition given to the local authority having power to make the order shall be deemed to have been vacated in pursuance of a demolition order made and served by that authority at the date when the undertaking was given.

• (4) In this Schedule references to a demolition order do not include such an order in respect of a house already subject to a closing order so far as it affects any part of the house in relation to which a payment under section 30 of the Act of 1957, Schedule 2 to that Act or this Schedule has fallen to be made in respect of the closing order.

• (5) For the purposes of this Schedule a person who on the death of another became entitled to any interest of his shall be deemed to have been entitled to that interest as from the date of the death.

SCHEDULE 6

1

In paragraph 4(1)(b) the words "the proviso to subsection (1) of " shall be omitted.

2

For sub-paragraph (7) of paragraph 4 there shall be substituted the following—

(7) For the purposes of this paragraph a person is a member of another's family if that person is— (a) the other's wife or husband ; or (b) a son or daughter or a son-in-law or daughter-in-law of the other, or of the other's wife or husband ; or (c) the father or mother of the other, or of the other's wife or husband. In paragraph (b) of this sub-paragraph any reference to a person's son or daughter includes a reference to any stepson or stepdaughter, any illegitimate son or daughter, and any adopted son or daughter, of that person, and " son-in-law " and " daughter-in-law " shall be construed accordingly.

3

In the proviso to paragraph 6(2), for the word "ten" there shall be subsituted the word " two ".

4

In paragraph 7(3), for the words " or under this Schedule" there shall be substituted the words " under this Schedule or under Schedule 5 to the Housing Act 1969 ".

SCHEDULE 7

1

Where this Schedule applies to any tenancy and a premium was lawfully required and paid on the grant or an assignment of the tenancy nothing in section 86 of the Rent Act 1968 shall prevent any person from requiring or receiving, on an assignment of the tenancy, such part of the premium or, if more than one, of the last of them as is determined in accordance with the following provisions of this Schedule as the permissible part (without prejudice, however, to his requiring or receiving a greater sum in a case where he may lawfully do so under Schedule 11 to that Act).

2

The permissible part shall be such part of the premium as bears to the whole thereof the same proportion as the period referable to that part bears to the period referable to the premium ; and there shall be taken, as the period referable to the premium—

• (a) if it was paid on the grant of the tenancy, the term for which the tenancy was granted ; and

• (b) if it was paid on an assignment of the tenancy, the residue of that term at the date of the assignment;

and, as the period referable to the permissible part, the residue of that term at the date of the assignment in connection with which that part may be required and received in pursuance of this Schedule.

3

Where the tenancy to which this Schedule applies was granted on the surrender of a previous tenancy and a premium had been lawfully required and paid on the grant or an assignment of the previous tenancy, the surrender value of the previous tenancy shall be treated, for the purposes of this Schedule, as a premium or, as the case may be, part of the premium, paid on the grant of the tenancy to which this Schedule applies.

4

For the purposes of paragraph 3 of this Schedule the surrender value of the previous tenancy shall be taken to be the amount which, had the previous tenancy been assigned instead of being surrendered and had this Schedule applied to it, would have been the amount that could have been required and received on the assignment in pursuance of this Schedule.

5

In determining for the purposes of this Schedule the amount which may be or could have been required and received on the assignment of a tenancy terminable, before the end of the term for which it was granted, by notice to the tenant, that term shall be taken to be a term expiring at the earliest date on which such a notice given after the date of the assignment would have been capable of taking effect.

SCHEDULE 8

PART I — Amendments Consequential on Section 58

The Housing Act 1957

1

In section 90(1) of the Housing Act 1957, for the words from " or of part" to " family" there shall be substituted the words " which is occupied by persons who do not form a single household ".

The Housing Act 1961

2

In sections 12, 13(1), 13(2), 15, 16 and 21(1) of the Housing Act 1961, for the words "a house which, or a part of which, is let in lodgings or which is occupied by members of more than one family" there shall be substituted the words " a house which is occupied by persons who do not form a single household ".

3

In section 21(1) of that Act, for the words "wholly or partly let in lodgings or occupied by members of more than one family" there shall be substituted the words " occupied by persons who do not form a single household ".

4

In section 22(1) of that Act, for paragraph (a) there shall be substituted:

(a) of houses which are occupied by persons who do not form a single household, and

.

The Housing Act 1964

5

In sections 67, 69, 72 and 73 of the Housing Act 1964, for the words "which, or a part of which, is let in lodgings, or which is occupied by members of more than one family" there shall be substituted the words " which is occupied by persons who do not form a single household ".

PART II — Other Amendments

The Housing Act 1957

6

In section 11(3) of the Housing Act 1957, after the words "against a notice" there shall be inserted the words " under section 9(1) of this Act. "

7

In section 30(7) of that Act, for the words "or under the Second Schedule to this Act" there shall be substituted the words " under Schedule 2 to this Act or under Schedule 5 to the Housing Act 1969 ".

8

In section 91 of that Act, for the words " Part I of this Act" there shall be substituted the words " section 70 of the Housing Act 1969 ".

9

In section 121 of that Act the following shall be substituted for subsection (3) :

(3) In this section the reference to repair is a reference to such repair or replacement as either is incidental to the execution of works of improvement, alteration or enlargement or is in the opinion of the local authority needed for making such works fully effective.

10

Section 98 of that Act shall apply as if the reference therein to a purchase under Part V of that Act of a house to be used for housing purposes included a reference to a purchase under Part II of this Act of any house.

11

Sections 101, 159, 160, 169 and 170 of that Act shall apply as if the references therein to that Act or Part V thereof included references to Part II of this Act.

12

Sections 171 to 176 of that Act shall apply as if references therein to that Act included references to Parts I and II of this Act.

13

Section 179 of that Act shall apply as if the reference therein to that Act included a reference to this Act.

14

Section 181(1) of that Act shall apply as if the reference therein to that Act included a reference to Part II of this Act.

15

Section 187(1) of that Act shall apply as if the reference therein to that Act included a reference to this Act.

The Housing (Financial Provisions) Act 1958

16

In section 25 of the Housing (Financial Provisions) Act 1958 references to sections 1 to 9 of that Act shall include references to sections 17 to 21 of this Act.

17

Section 28 of that Act shall apply in relation to any payment made by the Minister to a local authority under this Act.

18

In section 50(1)(b) of that Act for the words " or are deemed " there shall be substituted the words " or were deemed ".

19

Section 54 of that Act shall apply as if the references therein to that Act included references to this Act.

20

In section 58(2) of that Act there shall be added at the end the words " section 18 or section 19 of the Housing Act 1969 ".

The Land Compensation Act 1961

21

At the end of paragraph 2(1)(g) of Schedule 2 to the Land Compensation Act 1961 there shall be added the words

or (h) an acquisition under Part II of the Housing Act 1969

.

22

In paragraph 2(2) of that Schedule for the words " subsections (2) and (3)" there shall be substituted the words " subsection (2) " and for the words from "section fifty-seven" to "sub-paragraph (1) of this paragraph " there shall be substituted the words " Part III of that Act as being unfit for human habitation ".

23

In paragraph 3(2) of that Schedule there shall be added at the end of paragraph (b) the words " or under Schedule 5 to the Housing Act 1969 ".

24

In paragraph 6(2) of that Schedule the following shall be substituted for paragraph (c):

(c) subsection (2) of section 59 (which relates to the purchase of land comprised in a clearance area)

.

The Housing Act 1964

25

In section 34(3) of the Housing Act 1964 for the words " the Rent Act 1957 " there shall be substituted the words " the Rent Act 1968 ".

26

In section 43(1) of that Act the following shall be substituted for paragraph (g):—

(g) a sink

.

27

In section 43(7) of that Act for the words " section 4 " there shall be substituted the words " section 7 of the Housing Act 1969 ".

28

In section 57(4) of that Act for the words from " section 4 " to " 1958" there shall be substituted the words " Part I of the Housing Act 1969 ".

29

Section 69 of that Act shall have effect, except in relation to anything done before the commencement of this Act, as if for the reference to 13th November 1963 there were substituted a reference to any date not earlier than the commencement of this Act and as if the standard amenities mentioned in that section were defined as in this Act.

The General Rate Act 1967

30

Paragraph 2 of Schedule 13 to the General Rate Act 1967 shall have effect—

• (a) as if the reference in sub-paragraph (1)(b) of that paragraph to proposals approved under section 9 of the Housing (Financial Provisions) Act 1958 included a reference to applications approved under section 18 of this Act; and

• (b) as if the grants referred to in sub-paragraph (1)(c) of that paragraph included grants and contributions to a housing association under Part I of this Act.

The Housing Subsidies Act 1967

31

In section 14(5)(a) of the Housing Subsidies Act 1967 for the word " 1965 " there shall be substituted the word " 1969 ".

The Rent Act 1968

32

In section 57 of the Rent Act 1968, in subsection (1)(a), after the words " (standard grants) " there shall be inserted the words " Part I of the Housing Act 1969 (improvement grants and standard grants) " , and in subsection (2)(b) after the words " House Purchase and Housing Act 1959 " there shall be inserted the words " or Part I of the Housing Act 1969 "

33

At the end of paragraph 26(2) of Schedule 16 to that Act there shall be added the words " and a statutory tenancy so arising in relation to which the said section 39 does not have effect shall be deemed to be a controlled tenancy within the meaning of this Act ".

SCHEDULE 9

1

The repeal by this Act of any enactment relating to any grant, contribution or subsidy shall not affect any power or duty to act on any application or arrangements made or proposals approved before the commencement of this Act, any power to reduce the rate at which any such grant, contribution or subsidy is to be paid, any obligation to observe any condition falling to be observed in pursuance of such an enactment, any obligation to make a payment in consequence of a breach of such a condition, any power to vary the rate of interest on such a payment or the imposition of such a condition by such an enactment in a case where a standard grant or improvement grant is paid by virtue of this paragraph.

2

The repeal by this Act of section 18 of the Housing (Financial Provisions) Act 1958 is without prejudice to the exercise, with respect to any event occurring before the commencement of this Act, of any power under that section.

3

The repeal by this Act of references in any provision of the Rent Act 1968 to any enactment contained in the Housing (Financial Provisions) Act 1958 or the House Purchase and Housing Act 1959 does not affect the operation of that provision in relation to any grant paid in pursuance of an application made before the commencement of this Act.

4

The repeal by this Act of section 16 of the Rent Act 1968 does not affect the operation of that section in relation to the letting of any dwelling-house while the conditions mentioned in that section require to be observed.

5

The repeal by this Act of section 49 of the Rent Act 1968 does not affect the operation of that section in relation to any dwelling-house while such a condition relating to the rent of the dwelling-house as is mentioned in that section requires to be observed.

6

The references in sections 2(4) and 12 of this Act to a standard grant shall be construed as including references to a grant under section 4 of the House Purchase and Housing Act 1959.

7

The references in section 20 of this Act to a standard contribution and to the allowable cost determined under section 19 of this Act shall be construed respectively as including references to a contribution under section 13 of the House Purchase and Housing Act 1959 and one-half of the amount referred to in section 14(1) of that Act or, as the case may be, section 51 of the Housing Act 1964.

SCHEDULE 10