Rent Restrictions Act, 1946
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Basic rent of certain controlled (non-1923 Act) premises. |
14.—(1) Subject to subsection (2) of this section, this section applies to— | |
(a) controlled (non-1923 Act) premises in respect of which evidence is forthcoming of both the following facts— | ||
(i) that they were, on the 7th day of May, 1941 (in this section referred to as the relevant date) held by an occupying tenant thereof under a contract of tenancy not being for more than a term of five years, and | ||
(ii) the rent at which they were so held; | ||
(b) controlled (non-1923 Act) premises in respect of which evidence is forthcoming of all the following facts— | ||
(i) that they were not so held on the 7th day of May, 1941, | ||
(ii) that they were last so held on a date (in this section also referred to as the relevant date) being not more than five years before the 7th day of May, 1941, and | ||
(iii) the rent at which they were so held. | ||
(2) This section shall not apply to premises to which, on the relevant date, the Act of 1923 applied. | ||
(3) The basic rent of premises to which this section applies shall be the net rent at which they were held on the relevant date. | ||
(4) For the purpose of this section, the net rent at which premises were held on the relevant date shall be taken to be— | ||
(a) in case the landlord at the relevant date habitually paid or allowed a deduction or set-off against, or indemnified the tenant in respect of the rates or any part thereof, the rent payable at that date less the amount of such payment, allowance, deduction, set-off or indemnity (as the case may be); | ||
(b) in any other case, the rent payable at that date. | ||
(5) References in sections 15 and 17 of this Act to the relevant date shall be construed as references to the date which is the relevant date for the purposes of this section. |