The Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003

• Citation: S.I. 2003/259
• Sections: 2

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 and has effect in respect of notices served under section 13(2) of the Housing Act 1988 after the day on which this Order is made.

(2) This Order extends only to England and Wales.

Section 2 Amendment of section 13 of the Housing Act 1988

Section 13 of the Housing Act 1988 (increases of rent under assured periodic tenancies) shall be amended—

(a) in subsection (2)—

(i) in paragraph (b), by the substitution, for the words from “tenancy, the” to the end, of—

tenancy—

in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began;

in any other case, on the date that falls 52 weeks after the date on which the first period of the tenancy began; and

(ii) in paragraph (c), by the substitution, for the words from “below, the” to the end, of—

below—

in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect;

in any other case, the appropriate date

(b) by the insertion, after subsection (3), of the following subsections—

(3A) The appropriate date referred to in subsection (2)(c)(ii) above is—

(a) in a case to which subsection (3B) below applies, the date that falls 53 weeks after the date on which the increased rent took effect;

(b) in any other case, the date that falls 52 weeks after the date on which the increased rent took effect.

(3B) This subsection applies where—

(a) the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 below on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003; and

(b) the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect.