73 Can a registered rent be cancelled?
Yes, in two ways:
(a) the landlord and tenant can apply jointly if they have entered into a rent agreement (see. Question 74); or
(b) the landlord can apply alone in certain circumstances (see Question 80).
Applications must be made to the Rent Officer on special forms which he will supply.
Whether or not it has been cancelled, a registered rent does not apply to a house let on an assured tenancy.
74 When must a landlord and tenant apply jointly for cancellation?
A landlord and tenant must make a joint application if they wish to enter into a rent agreement as an alternative to asking the Rent Officer to fix a new fair rent.
75 What happens when a joint application is made?
The landlord and tenant must agree a new rent, and send a copy of the rent agreement with their application. The application can take effect only 3 years or more after the effective date (see Question 55) of the existing registration. The registered rent must first be cancelled by the Rent Officer before the new rent can be charged. The cancellation will not take effect until the date when the rent agreement starts.
76 Must the Rent Officer cancel the registration?
No. He can cancel the registration only if he is satisfied that the agreed rent does not exceed the rent he would have registered as fair, and that any variable sums payable for services are reasonable.
77 If the Rent Officer decides not to cancel the registration, is there a right of appeal against his decision?
No; but either the landlord or the tenant or both may then apply for a new rent to be registered, or both of them may re-apply for cancellation of the existing registration on the basis of a lower agreed rent.
78 If the registered rent is cancelled, can further rent increases be agreed?
Yes. The landlord and tenant are free to make further rent agreements, subject to the usual conditions.
79 If a registered rent has been cancelled, can the Rent Officer be asked to determine the rent again?
Yes. Either landlord or tenant or both can apply to the Rent Officer to fix a fair rent at any time after the cancellation.
80 When may a landlord alone apply for cancellation?
A landlord can apply alone it,
(a) at least 3 years have passed since the effective date of the registration; and
(b) there is no-one occupying the dwelling as a regulated tenant.
In these circumstances the Re nt Officer must cancel the registration.