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Rakhit v Carty

Language: English Series: Weekly Law Reports ; (1990) 2 WLR 1107-1115(9)Publication details: 1990Subject(s): Summary: CA 6 February 1990. Appeal by tenant (C) against cc`s dismissal of her counterclaim for overpaid rent for a flat and order for possession . In October 1974 a rent of £550 pa was registered as the fair rent of the flat unfurnished . In October 1987 the landlord (R) let the flat under a furnished tenancy at a rent of £450 per month. Both parties were unaware of the registered rent . In October 1988 R started proceedings for possession and claimed arrears of rent based on the rent payable under the tenancy agreement up to 8 December 1988 when a fair rent of £380 per month for the flat as furnished was registered. C resisted the claim for possession and counterclaimed overpaid rent. On appeal to CA, it was held that under Rent Act 1977 s44(1) R was not entitled to reclaim more than the registered rent, since the provision of furniture does not affect the recoverable rent, which remains the registered rent until that rent is cancelled or increased on a fresh registration. Therefore the ap
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Law report London Journal article ABS42745 (Browse shelf(Opens below)) 1 Available 38681-1001

CA 6 February 1990. Appeal by tenant (C) against cc`s dismissal of her counterclaim for overpaid rent for a flat and order for possession . In October 1974 a rent of £550 pa was registered as the fair rent of the flat unfurnished . In October 1987 the landlord (R) let the flat under a furnished tenancy at a rent of £450 per month. Both parties were unaware of the registered rent . In October 1988 R started proceedings for possession and claimed arrears of rent based on the rent payable under the tenancy agreement up to 8 December 1988 when a fair rent of £380 per month for the flat as furnished was registered. C resisted the claim for possession and counterclaimed overpaid rent. On appeal to CA, it was held that under Rent Act 1977 s44(1) R was not entitled to reclaim more than the registered rent, since the provision of furniture does not affect the recoverable rent, which remains the registered rent until that rent is cancelled or increased on a fresh registration. Therefore the ap