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'(1) At the beginning of subsection (3) of section 44 of the Rent Act 1968 (no application for registration of a new rent until three years after a previous registration) there shall be inserted the words "Subject to subsection (3A) below" and at the end of that subsection there shall be added the following subsection:—
(3A) Notwithstanding anything in subsection (3) above, an application such as is mentioned in that subsection which is made by the landlord alone and is so made within the last three months of the period of three years referred to in that subsection may be entertained notwithstanding that that period has not expired.
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(2) At the beginning of subsection (1) of section 48 of that Act (effect of registration of rent) there shall be inserted the words "Subject to subsection (1A) below" and at the end of that subsection there shall be added the following subsection:—
(1A) Where, by virtue of subsection (3A) of section 44 above, an application is made before the expiry of the period of three years referred to in subsection (3) of that section, subsection (1) above shall have effect as if for the reference to the date of the application there were substituted a reference to the first day after the expiry of that period of three years.
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(3) At the beginning of subsection (3) of section 40 of the Rent (Scotland) Act 1971 (no application for registration of a new rent until three years after a previous registration) there shall be inserted the words "Subject to subsection (3A) below" and at end of that subsection there shall be added the following subsection:—
(3A) An application such as is mentioned in subsection (3) above which is made by the landlord alone and is so made within the last three months of the period of three years referred to in that subsection may be entertained before the expiry of that period, notwithstanding that the application is not made upon any of the grounds mentioned in that subsection.
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(4) At the beginning of subsection (1) of section 44 of the said Act of 1971 (effect of registration of rent) there shall be inserted the words "subject to subsection (1A) below" and at the end of that subsection there shall be added the following subsection:—
(1A) Where, by virtue of subsection (3A) of section 40 above, an application is made before the expiry of the period of three years referred to in subsection (3) of that section, subsection (1) above shall have effect as if for the reference to the date of the application there were substituted a reference to the first day after the expiry of that period of three years"'.—[Mr. Kaufman.]
§ Brought up and read the First time.
574§ The Under-Secretary of State for the Environment (Mr. Gerald Kaufman)I beg to move, That the clause be read a Second time.
The new Clause implements the principles of new Clause 4 which was moved by the Opposition and which we undertook to examine. Thereby the Francis Committee's recommendation was that landlords should be enabled to apply for review of registered fair rents three months before the expiry of the three-year review period, so that if the resulting re-registration is higher than the previous rent they may be entitled to an increase.
§ 7.30 p.m.
§ Mr. James Allason (Hemel Hempstead)I declare an interest as a landlord and property manager. I had the honour of moving in Committee the amendment which has given rise to the new Clause.
The new Clause will be of some help to landlords who are hard pressed at present. It means that they will be able to apply for a new rent to be assessed three months before the rent becomes effective. This should avoid delaying references to the rent assessment committee and will be of some benefit to landlords in a Bill which does so much to harm the position of the small landlord.
§ Question put and agreed to.
§ Clause read a Second time and added to the Bill.