Amends Rent Act 1977 rent officer schemes HA 1988 s. 120
HA 1988 s. 120 amends Rent Act 1977 rent officer appointment: modifies s.63 via Sch.14 Pt.I, adds new sections after s.64 from Sch.14 Pt.II.
Section 63 of the Rent Act 1977 (schemes for the appointment of rent officers) shall have effect subject to the amendments in Part I of Schedule 14 to this Act and after section 64 of that Act there shall be inserted the sections set out in Part II of that Schedule.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision amends the Rent Act 1977 concerning the appointment of rent officers. It says that section 63 of that Act (schemes for appointment) is now subject to the changes in Part I of Schedule 14 to the Housing Act 1988.
In addition, after section 64 of the Rent Act 1977, new sections are inserted as set out in Part II of Schedule 14. These amendments update the legal framework under which rent officers are appointed.
When it applies
- A local authority creates a new scheme for appointing rent officers to handle fair rent registrations; the scheme must follow the amended provisions.
- A landlord challenges a rent officer's authority on the ground that the appointment scheme used was not the one amended by this section.
- A tenant relies on a rent officer's determination of a fair rent; the officer's appointment is part of the legal basis for that determination.
- A court reviews whether a rent officer was appointed under a valid scheme, referencing these amendments.
- Parliament's changes to the Rent Act 1977 are implemented through the schedules referenced in this section.
What this section does not say
- This provision does not set the amount of rent or the criteria for fair rent – those are in the Rent Act 1977 itself.
- It does not affect assured shorthold tenancies or market rent tenancies.
- It does not create new rights for tenants or landlords to challenge rent officer decisions on grounds other than appointment validity.
- It does not govern the procedures for rent assessment committees.
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This page reproduces the text of HA 1988 s. 120 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.