Rent determination info in Wales HA 1988 s. 42
President of rent assessment panel in Wales must publish rent determinations for assured tenancies; certified copies are admissible as evidence.
The President of the rent assessment panel shall keep and make publicly available, in such manner as is specified in an order made by the Welsh Ministers , such information as may be so specified with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by, rent assessment committees in areas in Wales . A copy of any information certified under the hand of an officer duly authorised by the President of the rent assessment panel ... shall be receivable in evidence in any court and in any proceedings. An order under subsection (1) above— may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue of that subsection; and may make different provision with respect to different cases or descriptions of case, including different provision for different areas. The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales .
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 section requires the President of the rent assessment panel for Wales to keep and make publicly available information about rents that have been referred to or determined by rent assessment committees. The information covers assured tenancies and assured agricultural occupancies in Wales.
The Welsh Ministers may specify by order how the information is to be published, and may set fees for supplying copies (including certified copies). A certified copy of any such information, signed by an authorised officer of the panel, is admissible as evidence in any court or proceedings. Orders made under this section are subject to annulment by the National Assembly for Wales.
When it applies
- A landlord in Cardiff wants to see recent rent determinations for similar assured tenancies to assist in setting a rent.
- A tenant in Swansea uses a certified copy of a rent determination as evidence in a dispute over rent arrears.
- The rent assessment panel publishes online a database of rent decisions as directed by an order of the Welsh Ministers.
- A solicitor requests a certified copy of a determination and pays the prescribed fee for it.
- A rent assessment committee refers to published information when deciding a new rent reference.
What this section does not say
- It does not cover information about rent determinations in England (dealt with in HA 1988 s. 42a).
- It does not set out the procedure for rent assessment committees (dealt with in HA 1988 s. 41).
- It does not define what an assured tenancy is (dealt with in HA 1988 s. 45 and other sections).
- It does not create any right for a tenant to obtain a rent determination; it only governs publication of determinations already made.
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This page reproduces the text of HA 1988 s. 42 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.