Rent Restrictions Act, 1946

Basic rent of controlled (non-1923 Act) premises to which section 14 does not apply.

16.—(1) This section applies to every controlled (non-1923 Act) premises other than premises to which section 14 of this Act applies.

(2) The basic rent of premises to which this section applies shall be determined by the Court as follows:—

(a) in the case of premises consisting of a separate and self-contained contained flat or tenement forming part of any buildings which, after the 7th day of May, 1941, are or which at that date were being bona fide reconstructed by way of conversion into two or more such flats or tenements, the basic rent of the premises shall be the rent which, in the opinion of the Court, the immediate landlord of an occupying tenant of the premises might, if the premises, as reconstructed, had been in existence in the year ending on the 7th day of May, 1941, reasonably have expected in that year under any given contract of tenancy not being for more than a term of five years;

(b) in any other case, the basic rent shall be the rent which, in the opinion of the Court, the immediate landlord of an occupying tenant of the premises might, in the year ending on the 7th day of May, 1941, reasonably have expected under any given contract of tenancy not being for more than a term of five years.

(3) For the purpose of the determination by the Court of the basic rent under this section the tenant shall be deemed to be responsible for the rates.

(4) Where, under Article 5 of the Order of 1944, the basic rent of any premises was determined by the Court, the said determination shall, for the purposes of this Act, be deemed to have been made under this section and the said basic rent shall be the basic rent of the premises.