http://www.legislation.gov.uk/id/ukpga/1989/42/schedule/11

http://www.legislation.gov.uk/ukpga/1989/42/schedule/11/paragraph/100

Local Government and Housing Act 1989

An Act to make provision with respect to the members, officers and otherstaff and the procedure of local authorities; to amend Part III of the LocalGovernment Act 1974 and Part II of the Local Government (Scotland) Act 1975 and to provide for a national code of local government conduct; to makefurther provision about the finances and expenditure of local authorities(including provision with respect to housing subsidies) and about companiesin which local authorities have interests; to make provision for and inconnection with renewal areas, grants towards the cost of improvement andrepair of housing accommodation and the carrying out of works of maintenance,repair and improvement; to amend the Housing Act 1985 and Part III of theLocal Government Finance Act 1982; to make amendments of and consequentialupon Parts I, II and IV of the Housing Act 1988; to amend the Local GovernmentFinance Act 1988 and the Abolition of Domestic Rates Etc. (Scotland) Act 1987and certain enactments relating, as respects Scotland, to rating andvaluation, and to provide for the making of grants; to make provision withrespect to the imposition of charges by local authorities; to make furtherprovision about certain existing grants and about financial assistance to andplanning by local authorities in respect of emergencies; to amend sections 102and 211 of the Local Government (Scotland) Act 1973; to amend the Local LandCharges Act 1975; to enable local authorities in Wales to be known solely byWelsh language names; to provide for the transfer of new town housing stock;to amend certain of the provisions of the Housing (Scotland) Act 1987 relatingto a secure tenant’s right to purchase his house; to amend section 47 of theRace Relations Act 1976; to confer certain powers on the Housing Corporation,Housing for Wales and Scottish Homes; to make provision about security oftenure for certain tenants under long tenancies; to provide for the making ofgrants and giving of guarantees in respect of certain activities carried onin relation to the construction industry; to provide for the repeal of certainenactments relating to improvement notices, town development and educationsupport grants; to make, as respects Scotland, further provision in relationto the phasing of progression to registered rent for houses let by housingassociations or Scottish Homes and in relation to the circumstances in whichrent increases under assured tenancies may be secured; and for connectedpurposes.

1989-11-16

text

text/xml

Statute Law Database

2024-06-12

Expert Participation

2024-03-21

Local Government and Housing Act 1989

s. 65(2)(b)(ii)

Public Audit (Wales) Act 2004

Sch. 2

para. 11

s. 73

art. 2

Sch. 1

Local Government and Housing Act 1989

s. 76A

76B

Wales Act 2014

s. 24(2)

s. 29(5)(b)

Local Government and Housing Act 1989

s. 87(1A)

Wales Act 2014

s. 24(5)

s. 29(5)(b)

SCHEDULES

SCHEDULE 11 Minor And Consequential Amendments

The Housing (Scotland) Act 1988

100

In section 24 of that Act—

a

in subsection (1) (procedure for securing rent increase in assured tenancies)—

i

for the word “an” there shall be substituted the words “ a statutory ”; and

ii

in each of paragraphs (a) and (b), after the word “was” there shall be inserted the words “ at the time of service of the notice ”.

b

in subsection (5) (saving, from rent increase procedure for assured tenancies, of operation of certain tenancy provisions for such increases)—

i

for the words from “affects” to “tenancy”, where first occurring, there shall be substituted the following—

a
extends to a statutory assured tenancy of which there is a term

ii

after the words “specified in” there shall be inserted the words “ ,or fixed by reference to factors specified in, ”;

iii

after the words “there specified” there shall be inserted the words “ , or fixed by reference to factors there specified, ”; and

iv

there shall be inserted at the end the words

or
b
affects the operation of any term of a contractual tenancy which makes provision for an increase in rent (including provision whereby the rent for a particular period will or may be greater than that for an earlier period)

c

after that subsection there shall be inserted the following subsection—

6
The factors referred to in subsection (5) above must be—
a
factors which, once specified, are not wholly within the control of the landlord; and
b
such as will enable the tenant at all material times to as certain without undue difficulty any amount or percentage falling to be fixed by reference to them.