Increase of Rent and Mortgage Interest (Restrictions) Act, 1923

Determination of rent to be paid by tenant.

7.—(1) The rent to be paid by the tenant who by virtue of the provisions of this Act retains possession of any dwelling-house to which this Act applies shall be determined as follows:—

(a) The landlord and the tenant may at any time, and from time to time by agreement (in this section referred to as a temporary agreement) determine the rent to be paid by the tenant under this Act in respect of such dwelling-house, and in such case the rent so determined shall, until varied by a new temporary agreement, or by notice under this section, be and continue to be the rent to be paid by the tenant in respect of such dwelling-house: Provided always that the rent determined by a temporary agreement shall in no case exceed the standard rent by more than the amount which at the date of such agreement is permitted by this Act in respect of such dwelling-house;

(b) if at any time the rent payable by the tenant, whether under a temporary agreement or otherwise, does not exceed the standard rent or exceeds the standard rent by less than the amount for the time being permitted by this Act, the landlord may serve upon the tenant a notice increasing such rent to an amount not exceeding the standard rent by more than the amount permitted by this Act, and in such case such increased rent shall, until varied by a subsequent temporary agreement or a subsequent notice under this section, be and continue to be the rent to be paid by the tenant in respect of such dwelling-house;

(c) if at any time the rent payable by the tenant, whether under a temporary agreement or otherwise, exceeds the standard rent by more than the amount permitted by this Act, the tenant may serve upon the landlord a notice reducing such rent to an amount which exceeds the standard only by the amount permitted by this Act, and in such case such reduced rent shall, until varied by a subsequent temporary agreement or a subsequent notice under this section, be and continue to be the rent to be paid by the tenant in respect of such dwelling-house;

(d) where the rent to be paid by such tenant has not been determined under any of the foregoing paragraphs of this sub-section the rent payable by the tenant in respect of such dwelling-house immediately prior to the commencement of this Act, or if such tenant has since the commencement of this Act held under any lease, agreement or other contract of tenancy then the last rent payable by him under any such lease, agreement or other contract of tenancy, shall subject to the provisions of this section, be and continue to be the rent to be paid in respect of such dwelling-house.

(2) Every notice served under this section shall be in the appropriate form contained in the Schedule to this Act, or in a form substantially to the same effect, provided that no such notice shall take effect until or in respect of any period prior to the expiry of one clear week from the date of service, and provided that a notice to be served by the landlord may be served by the landlord on a tenant during the currency of his tenancy if at the date at which such notice is expressed to take effect the landlord would but for this Act be entitled to obtain possession.

(3) If a notice served under paragraph (b) of sub-section (1) of this section contains any statement or representation which is false or misleading in any material respect, the landlord shall be liable on summary conviction to a fine not exceeding ten pounds unless he proves that the statement was made innocently and without intent to deceive.