Rent (Agriculture) Act 1976

Part I E+W Preliminary

1 Interpretation and commencement. E+W

(1) In this Act—

(a) “agriculture” includes—

(i) dairy-farming and livestock keeping and breeding (whether those activities involve the use of land or not);

(ii) the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not);

(iii) the use of land as grazing, meadow or pasture land or orchard or osier land;

(iv) the use of land for market gardens or nursery grounds; and

(v) forestry;

(b) “forestry” includes—

(i) the use of land for nursery grounds for trees, and

(ii) the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes.

(2) For the purposes of the definition in subsection (1)(a)above—

• “consumable produce” means produce grown for consumption or other use after severance or separation from the land or other growing medium on or in which it is grown;

• “livestock” includes any animal which is kept for the production of food, wool, skins or fur, or for the purpose of its use in the carrying on of any agricultural activity, and for the purposes of this definition “animal” includes bird but does not include fish.

(3) The expressions listed in column 1 of Schedule 1 to this Act have for the purposes of this Act the meanings given by the provisions shown in column 2 of the Schedule.

(4) In this Act “relevant licence” and “relevant tenancy” have the meanings given by Schedule 2 to this Act.

(5) Schedule 3 to this Act, of which—

(a) Part I is for determining for the purposes of this Act—

(i) whether a person is a qualifying worker,

(ii) whether a person is incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease, and

(iii) whether a dwelling-house is in qualifying ownership,

(b) Part II postpones the operation of this Act in relation to certain persons employed in forestry, and

(c) Part III contains supplementary provisions,

shall have effect.

(6) This Act shall, subject to subsection (7) below, come into force on such date as the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly may by order contained in a statutory instrument appoint, and that date is in this Act called “the operative date”.

(7) Subsection (6) above has effect subject to the said Part II of Schedule 3 to this Act.

Modifications etc. (not altering text)

C1 1.1.1977 appointed under s. 1(6) by S.I. 1976/2124, art. 2 subject to Part II of Sch. 3

Protected occupancies E+W

2 Protected occupiers in their own right. E+W

(1) Where a person has, in relation to a dwelling-house, a relevant licence or tenancy and the dwelling-house is in qualifying ownership, or has been in qualifying ownership at any time during the subsistence of the licence or tenancy (whether it was at the time a relevant licence or tenancy or not), he shall be a protected occupier of the dwelling-house if—

(a) he is a qualifying worker, or

(b) he has been a qualifying worker at any time during the subsistence of the licence or tenancy (whether it was at the time a relevant licence or tenancy or not).

(2) Where a person has, in relation to a dwelling-house, a relevant licence or tenancy and the dwelling-house is in qualifying ownership, or has been in qualifying ownership at any time during the subsistence of the licence or tenancy (whether it was at the time a relevant licence or tenancy or not), he shall be a protected occupier of the dwelling-house if and so long as he is incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease.

(3) A person who has, in relation to a dwelling-house, a relevant licence or tenancy shall be a protected occupier of the dwelling-house if—

(a) immediately before the licence or tenancy was granted, he was a protected occupier or statutory tenant of the dwelling-house in his own right, or

(b) the licence or tenancy was granted in consideration of his giving up possession of another dwelling-house of which he was such an occupier or such a tenant.

(4) In this Act—

• “protected occupier in his own right” means a person who is a protected occupier by virtue of subsection (1), (2) or (3) above;

• “statutory tenant in his own right” means a person who is a statutory tenant by virtue of section 4(1) below and who, immediately before he became such a tenant, was a protected occupier in his own right.

3 Protected occupiers by succession. E+W

(1) Subsection (2) or, as the case may be, subsection (3) below shall have effect for determining what person (if any) is a protected occupier of a dwelling-house after the death of a person (“the original occupier”) who, immediately before his death, was a protected occupier of the dwelling-house in his own right.

(2) [F1 Where the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, if the surviving partner has, in relation to the dwelling-house, a relevant licence or tenancy, the surviving partner shall be a protected occupier of the dwelling-house.]

This subsection is framed by reference to the case where the original occupier was a man, but is to be read as applying equally in the converse case where the original occupier was a woman.

(3) Where—

(a) the original occupier was not a person who died leaving a [F2 surviving partner] who was residing [F3 in the dwelling-house immediately before [F4 the original occupier's] death], but

(b) one or more persons who were members of [F4 the original occupier's] family were residing with [F5 the original occupier] at the time of and for the period of six months immediately before his death,

then, after [F4 the original occupier's] death, if that person or, as the case may be, any of those persons has, in relation to the dwelling-house, a relevant licence or tenancy, that person or, as the case may be, such one of the persons having such a licence or tenancy as may be decided by agreement, or in default of agreement by the county court, shall be a protected occupier of the dwelling-house.

[F6 (3A) In subsections (2) and (3) above “surviving partner” means surviving spouse or surviving civil partner.]

(4) A person who has, in relation to the dwelling-house, a relevant licence or tenancy shall be a protected occupier of the dwelling-house if—

(a) immediately before the licence or tenancy was granted, he was a protected occupier or statutory tenant of the dwelling-house by succession, or

(b) the licence or tenancy was granted in consideration of his giving up possession of another dwelling-house of which he was such an occupier or such a tenant.

(5) In this Act—

• “protected occupier by succession” means a person who is a protected occupier by virtue of subsection (2), (3) or (4) above;

• “statutory tenant by succession” means a person who is a statutory tenant by virtue of section 4(1) below and who, immediately before he became such a tenant, was a protected occupier by succession, or a person who is a statutory tenant by virtue of section 4(3) or (4) below.

(6) A dwelling-house, is in this Act, referred to as subject to a protected occupancy where there is a protected occupier of it.

Textual Amendments

F1 S. 3(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 9(2); S.I. 2005/3175, art. 2(1), Sch. 1

F2 Words in s. 3(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 9(3)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F3 Words substituted by Housing Act 1980 (c. 51), s. 76(3)(4) in relation to deaths occurring after 28.11.1980

F4 Words in s. 3(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 9(3)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F5 Words in s. 3(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 9(3)(c); S.I. 2005/3175, art. 2(1), Sch. 1

F6 S. 3(3A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 9(4); S.I. 2005/3175, art. 2(1), Sch. 1

Statutory tenancies E+W

4 Statutory tenants and tenancies. E+W

(1) Subject to section 5 below, where a person ceases to be a protected occupier of a dwelling-house on the termination, whether by notice to quit or by virtue of section 16(3) of this Act or otherwise, of his licence or tenancy, he shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it.

(2) Subject to section 5 below, subsection (3), F7 . . . below shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house at any time after the death of a person (“the original occupier”) who was, immediately before his death, a protected occupier or statutory tenant of the dwelling-house in his own right.

(3) [F8 If the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, unless the surviving partner is a protected occupier of the dwelling-house by virtue of section 3(2) above, the surviving partner shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence.]

This subsection is framed by reference to the case where the original occupier was a man, but is to be read as applying equally in the converse case where the original occupier was a woman.

(4) Where—

(a) the original occupier was not a person who died leaving a [F9 surviving partner] who was residing [F10 in the dwelling-house immediately before [F11 the original occupier's] death], but

(b) one or more persons who were members of [F11 the original occupier's] family were residing with [F12 the original occupier] [F13 in the dwelling-house] at the time of and for the F14 ...[F14 period of 2 years] immediately before [F11 the original occupier's] death,

then, after [F11 the original occupier's] death, unless that person or, as the case may be, one of those persons is a protected occupier of the F15 ...[F15 entitled to an assured tenancy of the dwelling-house by succession] .

(5) In F16 ...[F16 subsections (1) and (3)] above the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed in accordance with [F17 section 2(3) of the M1 Rent Act 1977] (construction of that phrase in the corresponding provisions of that Act).

[F18 (5ZA) In subsections (3) and (4) above “ surviving partner ” means surviving spouse or surviving civil partner.

(5A) For the purposes of subsection (3) above—

(a) a person who was living with the original occupier as his or her husband or wife shall be treated as the spouse of the original occupier, and

(b) a person who was living with the original occupier as if they were civil partners shall be treated as the civil partner of the original occupier,

and, subject to subsection (5B) below, “surviving spouse” and “surviving civil partner” in subsection (5ZA) above shall be construed accordingly.]

(5B) If, immediately after the death of the original occupier, there is, by virtue of subsection (5A) above, more than one person who fulfils the conditions in subsection (3) above, such one of them as may be decided by agreement or, in default of agreement by the county court, shall be the statutory tenant by virtue of that subsection.

(5C) If the original occupier died within the period of 18 months beginning on the operative date, then, for the purposes of subsection (3) above, a person who was residing in the dwelling-house with the original occupier at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original occupier for the period of 2 years immediately before his death; and in this subsection “ the operative date ” means the date on which Part I of the Housing Act 1988 came into force.

(6) A dwelling-house is, in this Act, referred to as subject to a statutory tenancy where there is a statutory tenant of it.

Textual Amendments

F7 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

F8 S. 4(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(2); S.I. 2005/3175, art. 2(1), Sch. 1

F9 Words in s. 4(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(3)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F10 Words substituted by Housing Act 1980 (c. 51), s. 76(3)(4) in relation to deaths occurring after 28.11.1980

F11 Words in s. 4(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(3)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F12 Words in s. 4(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(3)(c); S.I. 2005/3175, art. 2(1), Sch. 1

F13 Words in s. 4(4)(b) inserted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 11(a)

F14 Words in s. 4(4)(b) substituted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 11(a)

F15 Words in s. 4(4) substituted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 11(b)

F16 Words in s. 4(5) substituted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 12

F17 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 72

F18 S. 4(5A)(5ZA) substituted for s. 4(5A) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(4); S.I. 2005/3175, art. 2(1), Sch. 1

Marginal Citations

M1 1977 c. 42.

5 No statutory tenancy where landlord’s interest belongs to Crown or to local authority, etc. E+W

[F19 (1) A person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would, at that time—

(a) belong to Her Majesty in right of the Crown or to a government department, or

(b) be held in trust for Her Majesty for the purposes of a government department;

except that an interest belonging to Her Majesty in right of the Crown shall not prevent a person from being a statutory tenant if the interest is under the management of the Crown Estate Commissioners.]

(2) A person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would, at that time, belong to any of the bodies specified in subsection (3) below.

(3) The bodies referred to in subsection (2) above are—

(a) the council of a county [F20 , county borough] or district or, in the application of this Act to the Isles of Scilly, the Council of those Isles;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 the council of a London borough or the Common Council of the City of London;

[F22 (baa) a police and crime commissioner;]

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

[F24 ( bb ) a joint authority established by Part IV of the Local Government Act 1985;]

[F25 (bbza) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(bbzb) a combined authority established under section 103 of that Act;]

[F26 (bba) an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);]

F27 [( bbb ) the London Fire and Emergency Planning Authority;]

[F28 (bc) the Broads Authority;]

[F29 (bd) any National Park authority;]

(c) the [F30 English new towns residuary body]

( d ) the [F31 Regulator of Social Housing];

F32 ( da ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) a development corporation established by an order made, or having effect as if made, under the M2 [F33 New Towns Act 1981 ] , and

(f) a housing trust (as defined in [F34 section 15(5) of the M3 Rent Act 1977 ]) which is a charity F35 ....

[F36 (3A) In subsection (3)(c) above “ English new towns residuary body ” means the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 [F37 or the Greater London Authority so far as exercising its new towns and urban development functions]. ]

( 4 ) If any of the conditions for the time being specified in [F38 section 15(4) of the M4 Rent Act 1977 ] (conditions for the operation of the corresponding provision of that Act) is fulfilled, a person shall not be a statutory tenant of a dwelling-house at any time if the interest of his immediate landlord would, at that time, [F39 belong to a housing association which—

[F40 (za) is a private registered provider of social housing,]

(a) is [F41 a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act)], or

(b) is a co-operative housing association within the meaning of [F42 the Housing Associations Act 1985].]

Textual Amendments

F19 S. 5(1) substituted by Housing Act 1980 (c. 51), s. 73(3)

F20 Words in s. 5(3)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 2 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F21 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F22 S. 5(3)(baa) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13) , s. 157(1) , Sch. 16 para. 134 ; S.I. 2012/2892 , art. 2(i)

F23 S. 5(3)(ba) (which was inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 55) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F24 S. 5(3)(bb) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 55

F25 S. 5(3)(bbza)(bbzb) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 45; S.I. 2009/3318, art. 2(c)

F26 S. 5(3)(bba) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 13 para. 34; S.I. 2008/917, art. 2(1)(p)

F27 Words in s. 5(3) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 25 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

F28 S. 5(3)(bc) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 17

F29 S. 5(3)(bd) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 17 (with ss. 7(6), 115, 117, Sch. 8 para. 7)); S.I. 1995/2950, art. 2(1)

F30 Words in s. 5(3)(c) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 22(2); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6 6-13Sch.)

F31 Words in s. 5(3)(d) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 8(2) (with art. 6, Sch. 3)

F32 S. 5(3)(da) repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 5

F33 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81, Sch. 12 para. 23

F34 Words substituted by Rent Act 1977 (c. 42, SIF 75:3), s. 156, Sch. 23 para. 73(a)

F35 Words in s. 5(3)(f) omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. paras. 37(1), (2)(b)

F36 S. 5(3A) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 22(3); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6 6-13Sch.)

F37 Words in s. 5(3A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 4; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F38 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 73(b)

F39 Words and s. 5(4)(a)(b) substituted for words and s. 5(4)(a)–(d) by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 4, 5(2), Sch. 2 para. 33(2)

F40 S. 5(4)(za) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 8(3) (with art. 6, Sch. 3)

F41 Words in s. 5(4)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 5(a)

F42 Words in s. 5(4)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 5(b)

Modifications etc. (not altering text)

C2 S. 5(2) extended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 14(c)

S. 5(2) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 24(e) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C3 S. 5(2)-(4) excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 12(5)(a)(ii) (with Sch. 7 para. 12(9)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C4 S. 5(2)-(4) excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 4(5)(a)(ii); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C5 S. 5(2)-(4) excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 18(6)(a)(ii); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C6 S. 5(2)-(4) excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 124(7)(b), 270(4), 270(5)(b) (with s. 124(9)(10)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C7 S. 5(3)(bb) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(O)

C8 S. 5(3)(d) modified (1.12.2008) by Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1 (with art. 6)

Marginal Citations

M2 1981 c. 64.

M3 1977 c. 42.

M4 1977 c. 42.