Housing Act 1969

81 Other long tenancies

(1) Where a tenancy is both a protected tenancy within the meaning of the [1968 c. 23.] Rent Act 1968 and a long tenancy within the meaning of Part I of the [1954 c. 56.] Landlord and Tenant Act 1954, then.—

(a) if the conditions specified in subsection (2) of this section are satisfied with respect to it, nothing in Part VII of the Rent Act 1968 (premiums &c.) or the enactments replaced by it shall apply or be deemed ever to have applied to the tenancy ;

(b) if any of those conditions are not satisfied with respect to it Schedule 7 to this Act shall apply and, if the tenancy was granted before the passing of this Act, be deemed always to have applied to it.

(2) The conditions mentioned in subsection (1)(a) of this section are—

(a) that the tenancy is not, and cannot become, terminable within twenty years of the date when it was granted by notice given to the tenant; and

(b) that, unless the tenancy was granted before the passing of this Act or was granted in pursuance of Part I of the [1967 c. 88.] Leasehold Reform Act 1967, the sums payable by the tenant otherwise than in respect of rates, services, repairs, maintenance or insurance are not, under the terms of the tenancy, varied or liable to be varied within twenty years of the date when it was granted nor, thereafter, more than once in any twenty-one years; and

(c) that assignment or underletting of the whole of the premises comprised in the tenancy is not precluded by the terms of the tenancy and, if it is subject to any consent, there is neither a term excluding section 144 of the [1925 c. 20.] Law of Property Act 1925 (no payment in nature of fine) nor a term requiring in connection with a request for consent the making of an offer to surrender the tenancy.

(3) Where the condition specified in subsection (2)(b) of this section would be satisfied with respect to a sub-tenancy but for a term providing for one variation, within twenty years of the date when the sub-tenancy was granted, of the sums payable by the sub-tenant, that condition shall be deemed to be satisfied notwithstanding that term, if it is satisfied with respect to a superior tenancy of the premises comprised in the sub-tenancy (or of those and other premises).

(4) Nothing in this section shall affect the recovery, in pursuance of any judgment given or order or agreement made before 20th May 1969, of any amount which it was not lawful to receive under the law in force at the time it was received.

(5) In this section and in Schedule 7 to this Act " grant" includes continuance and renewal and " premium" has the same meaning as in Part VII of the [1968 c. 23.] Rent Act 1968.