Changes over time for: Rent Act 1977

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Rent Act 1977

1977 CHAPTER 42

An Act to consolidate the Rent Act 1968, Parts III, IV and VIII of the Housing Finance Act 1972, the Rent Act 1974, sections 7 to 10 of the Housing Rents and Subsidies Act 1975, and certain related enactments, with amendments to give effect to recommendations of the Law Commission.

[29th July 1977]

Modifications etc. (not altering text)

C1Act amended by Matrimonial Homes Act 1983 (c. 19, SIF 49:5). s. 1(6)

C2Act excluded by Housing Act 1985 (c. 68, SIF 61), ss. 264(5), 270(3), 276, 286(3), 307, 368(6)

C3Act modified by Housing Act 1988 (c. 50, SIF 75:1), s. 36(1)

C4Act excluded by Housing Act 1988 (c. 50, SIF 75:1), s. 78(2), Sch. 10 para. 8

C5Act modified by S.I. 1990/776, arts. 2(2), 5(2)(c)

C6Act excluded by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 242

C7Act applied by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 Pt. III para. 19(3)

C8Act excluded by Leasehold Reform Act 1967 (c. 88), s. 16(1A) as inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 21 para. 4), Local Government Planning and Land Act 1980 (c. 65, SIF 123:1), Sch. 20 para. 17, Sch. 28 para. 10 and New Towns Act 1981 (c. 64, SIF 123:3), s. 22; amended by Housing Act 1980 (c. 51, SIF 61), s. 83, Sch. 8 paras. 9, 10

C9Functions conferred on rent tribunals under this Act transferred by Housing Act 1980 (c. 51, SIF 61), s. 72(2)(3)

C10Act: definition of "statutory tenant" applied (30. 11. 1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 22(1), Sch. 4, para. 1(4)(b); S.I. 1991/2508, art. 2

C11Act excluded (10.11.1993) by 1993 c. 28, s. 169, Sch. 20, Pt. II para.8; S.I. 1993/2762, art.3

Act excluded (1.10.1998) by 1975 c. 70, Sch. 4 Pt. IV para. 16 (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4)

Act excluded (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 5; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(c)

Act: transfer of functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C12Act (other than Pt. V and ss. 103-106) modified (1.10.1997) by 1996 c. 27, s. 30(4)(a) (with Sch. 9 para. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)

C13Act excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 33, 270(4), 270(5)(a) (with s. 38); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

Part IE+W Preliminary

Protected and statutory tenanciesE+W

1 Protected tenants and tenancies.E+W

Subject to this Part of this Act, a tenancy under which a dwelling-house (which may be a house or part of a house) is let as a separate dwelling is a protected tenancy for the purposes of this Act.

Any reference in this Act to a protected tenant shall be construed accordingly.

2 Statutory tenants and tenancies.E+W

(1)Subject to this Part of this Act—

(a)after the termination of a protected tenancy of a dwelling-house the person who, immediately before that termination, was the protected tenant of the dwelling-house shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it: and

(b)Part I of Schedule 1 to this Act shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house [F1or, as the case may be, is entitled to an assured tenancy of a dwelling–house by succession] at any time after the death of a person who, immediately before his death, was either a protected tenant of the dwelling-house or the statutory tenant of it by virtue of paragraph (a) above.

(2)In this Act a dwelling-house is referred to as subject to a statutory tenancy when there is a statutory tenant of it.

(3)In subsection (1)(a) above and in Part I of Schedule 1, the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed as it was immediately before the commencement of this Act (that is to say, in accordance with section 3(2) of the M1Rent Act 1968).

(4)A person who becomes a statutory tenant of a dwelling-house as mentioned in subsection (1)(a) above is, in this Act, referred to as a statutory tenant by virtue of his previous protected tenancy.

(5)A person who becomes a statutory tenant as mentioned in subsection 1(b) above is, in this Act, referred to as a statutory tenant by succession.

Textual Amendments

F1Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 39(1)

Marginal Citations

M11968 c. 23.

3 Terms and conditions of statutory tenancies.E+W

(1)So long as he retains possession, a statutory tenant shall observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with the provisions of this Act.

(2)It shall be a condition of a statutory tenancy of a dwelling-house that the statutory tenant shall afford to the landlord access to the dwelling-house and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

(3)Subject to section 5 of the M2Protection from Eviction Act 1977 (under which at least 4 weeks’ notice to quit is required), a statutory tenant of a dwelling-house shall be entitled to give up possession of the dwelling-house if, and only if, he gives such notice as would have been required under the provisions of the original contract of tenancy, or, if no notice would have been so required, on giving not less than 3 months’ notice.

(4)Notwithstanding anything in the contract of tenancy, a landlord who obtains an order for possession of a dwelling-house as against a statutory tenant shall not be required to give to the statutory tenant any notice to quit.

(5)Part II of Schedule 1 to this Act shall have effect in relation to the giving up of possession of statutory tenancies and the changing of statutory tenants by agreement.

Marginal Citations

M21977 c. 43.

ExceptionsE+W

4 Dwelling-houses above certain rateable values.E+W

(1)A tenancy [F2which is entered into before 1st April 1990 or (where the dwelling-house had a rateable value on 31st March 1990) is entered into on or after 1st April 1990 in pursuance of a contract made before that date] is not a protected tenancy if the dwelling-house falls within one of the Classes set out in subsection (2) below.

(2)Where alternative rateable values are mentioned in this subsection, the higher applies if the dwelling-house is in Greater London and the lower applies if it is elsewhere.

Class A
The appropriate day in relation to the dwelling-house falls or fell on or after 1st April 1973 and the dwelling-house on the appropriate day has or had a rateable value exceeding £1,500 or £750.
Class B
The appropriate day in relation to the dwelling-house fell on or after 22nd March 1973, but before 1st April 1973, and the dwelling-house—
(a)
on the appropriate day had a rateable value exceeding £600 or £300, and
(b)
on 1st April 1973 had a rateable value exceeding £1,500 or £750.
Class C
The appropriate day in relation to the dwelling-house fell before 22nd March 1973 and the dwelling-house—
(a)
on the appropriate day had a rateable value exceeding £400 or £200, and
(b)
on 22nd March 1973 had a rateable value exceeding £600 or £300, and
(c)
on 1st April 1973 had a rateable value exceeding £1,500 or £750.

(3)If any question arises in any proceedings whether a dwelling-house falls within a Class in subsection (2) above, by virtue of its rateable value at any time, it shall be deemed not to fall within that Class unless the contrary is shown.

[F3(4)A tenancy is not a protected tenancy if—

(a)it is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and

(b)under it the rent payable for the time being is payable at a rate exceeding £25,000 a year.

(5)In subsection (4) above “rent” does not include any sum payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, [F4council tax,] services, repairs, maintenance or insurance, unless it could not have been regarded by the parties as a sum so payable.

(6)If any question arises in any proceedings whether a tenancy is precluded from being a protected tenancy by subsection (4) above, the tenancy shall be deemed to be a protected tenancy unless the contrary is shown.

(7)The Secretary of State may by order replace the amount referred to in subsection (4) above by an amount specified in the order; and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F2Words inserted by S.I. 1990/434, reg. 2, Sch. para. 15

F3S. 4(4)–(7) inserted by S.I. 1990/434, reg. 2, Sch. para. 16

F4Words in s. 4(5) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para.3

5 Tenancies at low rents. E+W

(1)A tenancy [F5which was entered into before 1st April 1990 or (where the dwelling-house under the tenancy had a rateable value on 31st March 1990) is entered into on or after 1st April 1990 in pursuance of a contract made before that date] is not a protected tenancy if under the tenancy either no rent is payable or, . . . F6 the rent payable is less then two-thirds of the rateable value which is or was the rateable value of the dwelling-house on the appropriate day.

(2)Where—

(a)the appropriate day in relation to a dwelling-house fell before 22nd March 1973, and

(b)the dwelling-house had on the appropriate day a rateable value exceeding,if it is in Greater London, £400 or, if it is elsewhere, £200,

subsection (1) above shall apply in relation to the dwelling-house as if the reference to the appropriate day were a reference to 22nd March 1973.

[F7(2A)A tenancy is not a protected tenancy if—

(a)it is entered into on or after the 1st April 1990 (otherwise than, where the dwelling-house under the tenancy had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and

(b)under the tenancy for the time being either no rent is payable or the rent is payable at a rate of, if the dwelling-house is in Greater London, £1,000 or less a year, and, if the dwelling-house is elsewhere, £250 or less a year.

(2B)Subsection (7) of section 4 above shall apply to any amount referred to in subsection (2A) above as it applies to the amount referred to in subsection (4) of that section.]

(3)In this Act a tenancy falling within subsection (1) above is referred to as a “tenancy at a low rent”.

(4)In determining whether a long tenancy is a tenancy at a low rent, there shall be disregarded such part (if any) of the sums payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, [F8council tax,]services, repairs, maintenance, or insurance, unless it could not have been regarded by the parties as a part so payable.

(5)In subsection (4) above “long tenancy” means a tenancy granted for a term certain exceeding 21 years, other than a tenancy which is, or may become, terminable before the end of that term by notice given to the tenant.

Textual Amendments

F5Words inserted by S.I. 1990/434, reg. 2, Sch. para. 17

F6Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. II para. 75, Sch. 26

F7S. 5(2A)(2B) inserted by S.I. 1990/434, reg. 2, Sch. para. 18

F8Words in s. 5(4) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 4

Modifications etc. (not altering text)

C14S. 5 modified by Housing Act 1980 (c. 51), Sch. 8 para. 1

[F95A Certain shared ownership leases.E+W

(1)A tenancy is not a protected tenancy if it is a qualifying shared ownership lease, that is—

(a)a lease granted in pursuance of the right to be granted a shared ownership lease under Part V of the Housing Act 1985, or

(b)a lease granted by a housing association and which complies with the conditions set out in subsection (2) below.

(2)The conditions referred to in subsection (1)(b) above are that the lease—

(a)was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;

(b)was granted at a premium, calculated by reference to the value of the dwelling-house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated;

(c)provides for the tenant to acquire additional shares in the dwellinghouse on terms specified in the lease and complying with such requirements as may be prescribed;

(d)does not restrict the tenant’s powers to assign, mortgage or charge his interest in the dwellinghouse;

(e)if it enables the landlord to require payment for outstanding shares in the dwellinghouse, does so only in such circumstances as may be prescribed;

(f)provides, in the case of a house, for the tenant to acquire the landlord’s interest on terms specified in the lease and complying with such requirements as may be prescribed; and

(g)states the landlord’s opinion that by virtue of this section the lease is excluded from the operation of this Act.

(3)The Secretary of State may by regulations prescribe anything requiring to be prescribed for the purposes of subsection (2) above.

(4)The regulations may—

(a)make different provision for different cases or descriptions of case, including different provision for different areas, and

(b)contain such incidental, supplementary or transitional provisions as the Secretary of State considers appropriate,

and shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)In any proceedings the court may, if of opinion that it is just and equitable to do so, treat a lease as a qualifying shared ownership lease notwithstanding that the condition specified in subsection (2)(g) above is not satisfied.

(6)In this section—

“house” has the same meaning as in Part I of the Leasehold Reform Act 1967;

“housing association” has the same meaning as in the Housing Associations Act 1985; and

“lease” includes an agreement for a lease, and references to the grant of a lease shall be construed accordingly.]

Textual Amendments

F9S. 5A inserted by Housing and Planning Act 1986 (c. 63, SIF 73:3), s. 18, Sch. 4 para. 1(2)

6 Dwelling-houses let with other land.E+W

Subject to section 26 of this Act, a tenancy is not a protected tenancy if the dwelling-house which is subject to the tenancy is let together with land other than the site of the dwelling-house.

7 Payments for board or attendance.E+W

(1)A tenancy is not a protected tenancy if under the tenancy the dwelling-house is bona fide let at a rent which includes payments in respect of board or attendance.

(2)For the purposes of subsection (1) above, a dwelling-house shall not be taken to be bona fide let at a rent which includes payments in respect of attendance unless the amount of rent which is fairly attributable to attendance, having regard to the value of the attendance to the tenant, forms a substantial part of the whole rent.

8 Lettings to students.E+W

(1)A tenancy is not a protected tenancy if it is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution and is so granted either by that institution or by another specified institution or body of persons.

(2)In subsection (1) above “specified” means specified, or of a class specified, for the purposes of this section by regulations made by the Secretary of State by statutory instrument.

(3)A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

9 Holiday lettings.E+W

A tenancy is not a protected tenancy if the purpose of the tenancy is to confer on the tenant the right to occupy the dwelling-house for a holiday.

[F1010 Agricultural holdings etc.E+W

(1)A tenancy is not a protected tenancy if—

(a)the dwelling-house is comprised in an agricultural holding and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding, or

(b)the dwelling-house is comprised in the holding held under a farm business tenancy and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the management of the holding.

(2)In subsection (1) above—

“agricultural holding” means any agricultural holding within the meaning of the Agricultural Holdings Act 1986 held under a tenancy in relation to which that Act applies, and
“farm business tenancy”, and “holding” in relation to such a tenancy, have the same meaning as in the Agricultural Tenancies Act 1995.]

Textual Amendments

F10S. 10 substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 27 (with s. 37)

11 Licensed premises.E+W

A tenancy of a dwelling-house which consists of or comprises [F11premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)] for consumption on the premises shall not be a protected tenancy, nor shall such a dwelling-house be the subject of a statutory tenancy.

Textual Amendments

F11Words in s. 11 substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 67 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

12 Resident landlords.E+W

(1)Subject to subsection (2) below, a tenancy of a dwelling-house granted on or after 14th August 1974 shall not be a protected tenancy at any time if—

[F12(a)the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats, and

(b)the tenancy was granted by a person who, at the time when he granted it, occupied as his residence another dwelling-house which—

(i)in the case mentioned in paragraph (a) above, also forms part of the flat; or

(ii)in any other case, also forms part of the building; and

(c)subject to paragraph 1 of Schedule 2 to this Act, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to a person who, at the time he owned that interest, occupied as his residence another dwelling-house which—

(i)in the case mentioned in paragraph (a) above, also formed part of the flat; or

(ii)in any other case, also formed part of the building.]

[F13(2)This section does not apply to a tenancy of a dwelling-house which forms part of a building if the tenancy is granted to a person who, immediately before it was granted, was a protected or statutory tenant of that dwelling-house or of any other dwelling-house in that building.]

(3)For the purposes of subsection (2) above, a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term.

(4)Schedule 2 to this Act shall have effect for the purpose of supplementing this section.

Textual Amendments

F12S. 12(1)(a)–(c) substituted by Housing Act 1980 (c. 51, SIF 61), s. 65(1)

F13S. 12(2) substituted for s. 12(2)(3) with saving by Housing Act 1980 (c. 51, SIF 61), s. 69(4), Sch. 25 Pt. II para. 67

[F1413 Landlord’s interest belonging to Crown. E+W

(1)Except as provided by subsection (2) below—

(a)A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department; and

(b)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 or be held as mentioned in paragraph (a) above.

(2)An interest belonging to Her Majesty in right of the Crown shall not prevent a tenancy from being a protected tenancy or a person from being a statutory tenant if the interest is under the management of the Crown Estate Commissioners.]

Textual Amendments

F14S. 13 substituted by Housing Act 1980 (c. 51, SIF 61), s. 73(1)

Modifications etc. (not altering text)

C15S. 13 modified by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 Pt. III para. 19(2)(b)

14 Landlord’s interest belonging to local authority, etc. E+W

[F15(1) At the beginning A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to—

(a)the council of a county [F16or county borough];

(b)the council of a district or, in the application of this Act to the Isles of Scilly, the Council of the Isles of Scilly;

[F17(bb)the Broads Authority;]

[F18(bc)a National Park authority;]

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 the council of a London borough or the Common Council of the City of London;

[F20(caa)a police authority established under [F21section 3 of thePolice Act 1996;]]

(caaa)F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

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

[F25(cba)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);]

[F26(cbb)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

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

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

(d)the [F28English new towns residuary body] ;

(e)a development corporation established by an order made, or having effect as if made, under the [F29New Towns Act 1981]; or

F30(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31(g)an urban development corporation within the meaning of Part XVI of the Local Government Planning and Land Act 1980;]nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to any of those bodies

[F32(h)a housing action trust established under Part III of the Housing Act 1988].

[F33(i)The Residuary Body for Wales (Corff Gweddilliol Cymru);]]

[F34(2)In subsection (1)(d) “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.]

Textual Amendments

F15S. 14 renumbered as s. 14(1) (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 23(2); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6 6-13 Sch.)

F16Words in s. 14(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 3(1); S.I. 1996/396, art. 3, Sch. 1

F17S. 14(bb) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 18

F18S. 14(bc) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 18 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F19Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F20S. 14 (caa) inserted (1.10.1994 for certain purposes and otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 53; S.I. 1994/2025, art. 6(1)(2) (with art. 6(6); 1994/3262, art. 4, Sch. (with art. 5)

F21Words in s. 14(caa) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(n)

F22S. 14(caaa) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, Sch. 6 Pt. 3 para. 63, Sch. 7 Pt. 5; S.I. 2002/344, art. 3(j)(k)(m) (with art. 4)

F23S. 14 (ca)(cb) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 56

F24S. 14(ca) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F25S. 14(cba) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 13 para. 35; S.I. 2008/917, art. 2(1)(p)

F26S. 14(1)(cbb)(cbc) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 46; S.I. 2009/3318, art. 2(c)

F27S. 14(cc) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 para. 26 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

F28Words in s. 14(1)(d) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 23(3); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6 6-13 Sch.)

F29Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81, Sch. 12 para. 24

F30S. 14(f) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4

F31Word and s. 14(g) inserted by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:2), s. 155(1)

F32S. 14(h) added by Housing Act 1988 (c. 50, SIF 61), s. 62(7)

F33S. 14(i) inserted (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 28 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

F34S. 14(2) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 23(4); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6 6-13 Sch.)

Modifications etc. (not altering text)

C16S. 14 extended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 21

C17S. 14 excluded by Housing Act 1985 (c. 68, SIF 61), s. 382(3)

C18S. 14 extended (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 7

C19Ss. 14-16 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)(i); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C20Ss. 14-16 excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 124(7)(a), 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.)

C21Ss. 14-16 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)(i) (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.)

C22Ss. 14-16 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)(i); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C23S. 14(cb) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(p)

C24S. 14(cb)extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(l)

15 Landlord’s interest belonging to housing association, etc. E+W

(1)A tenancy . . . F35 shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing association falling within subsection (3) below; nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to such a housing association.

(2)A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to—

(a)the [F36Regulator of Social Housing]

F37. . .; or

(b)a housing trust which is a charity within the meaning of [F38the Charities Act 1993];

nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to any of those bodies.

[F39(3)A housing association falls within this subsection if—

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

(a)it is [F41a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act)], or

(b)it is a co-operative housing association within the meaning of [F42the Housing Associations Act 1985].]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

[F44(5)In subsection (2) above “housing trust” means a corporation or body of persons which—

(a)is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation; or

(b)is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.]

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

F35Words repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 74, Sch. 9, Sch. 25 Pt. II para. 68, Sch. 26

F36Words in s. 15(2)(a) 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. 10(2) (with art. 6, Sch. 3)

F37It is provided that the words “(aa) Housing for Wales” are repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2));S.I. 1998/2244, art. 5

F38Words in s. 15(2)(b) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1) Sch. 6 para. 30

F39S. 15(3) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(2)

F40S. 15(3)(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. 10(3) (with art. 6, Sch. 3)

F41Words in s. 15(3)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 6(a)

F42Words in s. 15(3)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 6(b)

F43S. 15(4) repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 74, Sch. 9, Sch. 25 Pt. II para. 68, Sch. 26

F44S. 15(5) substituted by Housing Act 1980 (c. 51, SIF 61), s. 74(2)(3), Sch. 9

F45S. 15(6) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Modifications etc. (not altering text)

C25S. 15 excluded by Housing Act 1985 (c. 68, SIF 61), s. 382(3)

C26S. 15(2)(a) 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)

16 Landlord’s interest belonging to housing co-operative. E+W

A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing co-operative, [F46within the meaning of section 27B of the Housing Act 1985 (agreements with housing co-operatives under certain superseded provisions) and the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section].

Textual Amendments

F46Words substituted by virtue of Housing and Planning Act 1986 (c. 63, SIF 75:3), s. 24(1)(2), Sch. 5 para. 15

Modifications etc. (not altering text)

C27S. 16 excluded by Housing Act 1985 (c. 68, SIF 61), s. 382(3)

16A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47E+W

Textual Amendments

F47S. 16A inserted with saving by Housing Act 1980 (c. 51, SIF 61), s. 56(5)–(7) and repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 18, Note 1

E+W

17 Controlled tenancies.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

Textual Amendments

F48Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

18 Regulated tenancies.E+W

(1)Subject to sections 24(3) and 143 of this Act, a “regulated tenancy” is, for the purposes of this Act, a protected or statutory tenancy . . . F49

(2)Where a regulated tenancy is followed by a statutory tenancy of the same dwelling-house, the two shall be treated for the purposes of this Act as together constituting one regulated tenancy.

(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

Textual Amendments

F49Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F50Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

[F5118A Modification of Act for controlled tenancies converted into regulated tenancies.E+W

Schedule 17 to this Act applies for the purpose of modifying the provisions of this Act in relation to a tenancy Which, by virtue of any of the following enactments, was converted from a controlled tenancy into a regulated tenancy, that is to say—

(a)

section 18(3) of this Act;

(b)

paragraph 5 of Schedule 2 to the M3 Rent Act 1968 (which was superseded by section 18(3));

(c)

Part VIII of this Act;

(d)

Part 111 of the Housing Finance Act 1972 (which was superseded by Part VIII);

(e)

Part IV of the Act of 1972 (conversion by reference to rateable values);

(f)

section 64 of the Housing Act 1980 (conversion of remaining controlled tenancies into regulated tenancies).]

Textual Amendments

F51S. 18A inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 35

Marginal Citations

M3 1968 c. 23.

E+W

19—21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52E+W

Textual Amendments

F52Ss. 19–21 repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 18, Note 1

Shared accommodationE+W

22 Tenant sharing accommodation with persons other than landlord.E+W

(1)Where a tenant has the exclusive occupation of any accommodation (“the separate accommodation”) and—

(a)the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (“the shared accommodation”) in common with another person or other persons, not being or including the landlord, and

(b)by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a dwelling-house let on or subject to a protected or statutory tenancy,

the separate accommodation shall be deemed to be a dwelling-house let on a protected tenancy or, as the case may be, subject to a statutory tenancy and the following provisions of this section shall have effect.

(2)For the avoidance of doubt it is hereby declared that where, for the purpose of determining the rateable value of the separate accommodation, it is necessary to make an apportionment under this Act, regard is to be had to the circumstances mentioned in subsection (1)(a) above.

(3)While the tenant is in possession of the separate accommodation (whether as a protected or statutory tenant), any term or condition of the contract of tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.

(4)Where the terms and conditions of the contract of tenancy are such that at any time during the tenancy the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied, or their number could be increased, nothing in subsection (3) above shall prevent those terms and conditions from having effect so far as they relate to any such variation or increase.

(5)Without prejudice to the enforcement of any order made under subsection (6) below, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 98(1) of this Act shall apply accordingly.

(6)On the application of the landlord, the county court may make such order either—

(a)terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation, or

(b)modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation, or otherwise,

as the court thinks just.

(7)No order shall be made under subsection (6) above so as to effect any termination or modification of the rights of the tenant which, apart from subsection (3) above, could not be effected by or under the terms of the contract of tenancy.

(8)In this section “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is (or, if the tenancy has ended, was) sufficient, apart from this section, to prevent the tenancy from constituting a protected tenancy of a dwelling-house.

SublettingsE+W

23 Certain sublettings not to exclude any part of sub-lessor’s premises from protection.E+W

(1)Where the tenant of any premises, consisting of a house or part of a house, has sublet a part but not the whole of the premises, then, as against his landlord or any superior landlord, no part of the premises shall be treated as not being a dwelling-house let on or subject to a protected or statutory tenancy by reason only that—

(a)the terms on which any person claiming under the tenant holds any part of the premises include the use of accommodation in common with other persons; or

(b)part of the premises is let to any such person at a rent which includes payments in respect of board or attendance.

(2)Nothing in this section shall affect the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any 2 such persons.

Business premisesE+W

24 Premises with a business use.E+W

(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

(3)A tenancy shall not be a regulated tenancy if it is a tenancy to which Part II of the M4Landlord and Tenant Act 1954 applies (but this provision is without prejudice to the application of any other provision of this Act to a sub-tenancy of any part of the premises comprised in such a tenancy).

Textual Amendments

F53Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Marginal Citations

M41954 c. 56.

MiscellaneousE+W

25 Rateable value and meaning of “appropriate day”.E+W

(1)Except where this Act otherwise provides, the rateable value on any day of a dwelling-house shall be ascertained for the purposes of this Act as follows:—

(a)if the dwelling-house is a hereditament for which a rateable value is then shown in the valuation list, it shall be that rateable value;

(b)if the dwelling-house forms part only of such a hereditament or consists of or forms part of more than one such hereditament, its rateable value shall be taken to be such value as is found by a proper apportionment or aggregation of the rateable value or values so shown.

(2)Any question arising under this section as to the proper apportionment or aggregation of any value or values shall be determined by the county court, and the decision of the county court shall be final.

(3)In this Act “the appropriate day”—

(a)in relation to any dwelling-house which, on 23rd March 1965, was or formed part of a hereditament for which a rateable value was shown in the valuation list then in force, or consisted or formed part of more than one such hereditament, means that date, and

(b)in relation to any other dwelling-house, means the date on which such a value is or was first shown in the valuation list.

(4)Where, after the date which is the appropriate day in relation to any dwelling-house, the valuation list is altered so as to vary the rateable value of the hereditament of which the dwelling-house consists or forms part and the alteration has effect from a date not later than the appropriate day, the rateable value of the dwelling-house on the appropriate day shall be ascertained as if the value shown in the valuation list on the appropriate day had been the value shown in the list as altered.

(5)This section applies in relation to any other land as it applies in relation to a dwelling-house.

Modifications etc. (not altering text)

C28S. 25(1)(2)(4) applied (with modifications) (1.11.1993) by 1993 c. 28, s. 8(2)(c) (with ss. 94(2), 95); S.I. 1993/2134, arts. 2,5

26 Land and premises let with dwelling-house.E+W

(1)For the purposes of this Act, any land or premises let together with a dwelling-house shall, unless it consists of agricultural land exceeding 2 acres in extent, be treated as part of the dwelling-house.

(2)For the purposes of subsection (1) above “agricultural land” has the meaning set out in section 26(3)(a) of the M5General Rate Act 1967 (exclusion of agricultural land and premises from liability for rating).

Marginal Citations

M51967 c. 9.

Part IIE+W Rents Under Controlled Tenancies

Rent limitE+W

27—43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54E+W

Textual Amendments

F54Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Part IIIE+W Rents under Regulated Tenancies

Regulation of rentE+W

44 Limit of rent during contractual periods.E+W

(1)Where a rent for a dwelling-house is registered under Part IV of this Act, the rent recoverable for any contractual period of a regulated tenancy of the dwelling-house shall be limited to the rent so registered.

This subsection is subject to the following provisions of this Act: subsection (4) below, [F55section 71(3)], paragraph 1(3) of Schedule 7, . . . F56 and paragraph 3 of Schedule 20.

(2)Where a limit is imposed by subsection (1) above on the rent recoverable in relation to any contractual period of a regulated tenancy, the amount by which the rent payable under the tenancy exceeds that limit shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.

(3)In this Part of this Act “contractual rent limit” means the limit specified in subsection (1) above.

(4)Schedule 7 to this Act shall have effect for the purpose of providing a special rent limit in relation to certain tenancies which became regulated tenancies by virtue of section 14 of the M6Counter-Inflation Act 1973.

Textual Amendments

F55Words substituted (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 1, Sch. 2

F56Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Marginal Citations

M61973 c. 9.

45 Limit of rent during statutory periods.E+W

(1)Except as otherwise provided by this Part of this Act, where the rent payable for any statutory period of a regulated tenancy of a dwelling-house would exceed the rent recoverable for the last contractual period thereof, the amount of the excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant.

(2)Where a rent for the dwelling-house is registered under Part IV of this Act, the following provisions shall apply with respect to the rent for any statutory period of a regulated tenancy of the dwelling-house:—

(a)if the rent payable for any statutory period would exceed the rent so registered, the amount of the excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant; and

(b)if the rent payable for any statutory period would be less than the rent so registered, it may be increased up to the amount of that rent by a notice of increase served by the landlord on the tenant and specifying the date from which the increase is to take effect.

This subsection is subject to the following provisions of this Act: [F57section 71(3)], paragraph 1(3) of Schedule 7, . . . F58 . . . F59 and paragraph 3 of Schedule 20.

(3)The date specified in a notice of increase under subsection (2)(b) above shall not be earlier than the date [F60from which the registration of the rent took effect] nor earlier than 4 weeks before the service of the notice.

(4)Where no rent for the dwelling-house is registered under Part IV of this Act, sections 46 [F61and 47] of this Act shall have effect with respect to the rent recoverable for any statutory period under a regulated tenancy of the dwelling-house.

Textual Amendments

F57Words substituted (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 2(a), Sch. 2

F58Words repealed (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 2(b), Sch. 2

F59Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F60Words substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 61(4)(8)

F61Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 37

46 Adjustment, with respect to rates, of recoverable rent for statutory periods before registration.E+W

(1)Where—

(a)section 45(4) of this Act applies, and

(b)any rates in respect of the dwelling-house are, or were during the last contractual period, borne by the landlord or a superior landlord,

then, for any statutory period for which the amount of the rates (ascertained in accordance with Schedule 5 to this Act) differs from the amount, so ascertained, of the rates for the last contractual period, the recoverable rent shall be increased or decreased by the amount of the difference.

(2)Where the amount of the recoverable rent is increased by virtue of this section, the increase shall not take effect except in pursuance of a notice of increase served by the landlord on the tenant and specifying the increase and the date from which it is to take effect.

(3)The date specified in a notice of increase under subsection (2) above shall be not earlier than 6 weeks before the service of the notice, and if it is earlier than the service of the notice any rent unpaid shall become due on the day after the service of the notice.

47 Adjustment, with respect to services and furniture, of recoverable rent for statutory periods before registration.E+W

(1)Where section 45(4) of this Act applies and for any statutory period there is with respect to—

(a)the provision of services for the tenant by the landlord or a superior landlord, or

(b)the use of furniture by the tenant,

or any circumstances relating thereto any difference, in comparison with the last contractual period, such as to affect the amount of the rent which it is reasonable to charge, the recoverable rent for the statutory period shall be increased or decreased by an appropriate amount.

(2)Any question whether, or by what amount, the recoverable rent for any period is increased or decreased by virtue of this section shall be determined by agreement in writing between the landlord and the tenant or by the county court; and any such determination—

(a)may be made so as to relate to past statutory periods; and

(b)shall have effect with respect to statutory periods subsequent to the periods to which it relates until revoked or varied by any such agreement as is referred to in this subsection or by the county court.

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62E+W

Textual Amendments

F62S. 48 repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 63, Sch. 25 Pt. II para. 64, Sch. 26

49 Notices of increase.E+W

(1)Any reference in this section to a notice of increase is a reference to a notice of increase under section 45(2), [F63or 46] of this Act.

(2)A notice of increase must be in the prescribed form.

(3)Notwithstanding that a notice of increase relates to statutory periods, it may be served during a contractual period.

(4)Where a notice of increase is served during a contractual period and the protected tenancy could, by a notice to quit served by the landlord at the same time, be brought to an end before the date specified in the notice of increase, the notice of increase shall operate to convert the protected tenancy into a statutory tenancy as from that date.

(5)If the county court is satisfied that any error or omission in a notice of increase is due to a bona fide mistake on the part of the landlord, the court may by order amend the notice by correcting any errors or supplying any omission therein which, if not corrected or supplied, would render the notice invalid and, if the court so directs, the notice as so amended shall have effect and be deemed to have had effect as a valid notice.

(6)Any amendment of a notice of increase under subsection (5) above may be made on such terms and conditions with respect to arrears of rent or otherwise as appear to the court to be just and reasonable.

(7)No increase of rent which becomes payable by reason of an amendment of a notice of increase under subsection (5) above shall be recoverable in respect of any statutory period which ended more than 6 months before the date of the order making the amendment.

Textual Amendments

F63Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 38

50 Private street works to count as improvements.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Textual Amendments

F64Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Rent agreements with tenants having security of tenureE+W

51 Protection of tenants with security of tenure.E+W

(1)In this Part of this Act a “rent agreement with a tenant having security of tenure” means—

(a)an agreement increasing the rent payable under a protected tenancy which is a regulated tenancy, or

(b)the grant to the tenant under a regulated tenancy, or to any person who might succeed him as a statutory tenant, of another regulated tenancy of the dwelling-house at a rent exceeding the rent under the previous tenancy.

(2)Where any rates in respect of the dwelling-house are borne by the landlord or a superior landlord, any increase or rent shall be disregarded for the purposes of the definition in subsection (1) above if the increase is no more than one corresponding to an increase in the rates borne by the landlord or a superior landlord in respect of the dwelling-house.

(3)If—

(a)a rent agreement with a tenant having security of tenure takes effect on or after the commencement of this Act, and was made at a time when no rent was registered for the dwelling-house under Part IV of this Act, . . . F65

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

the requirements of subsection (4) below shall be observed as respects the agreement.

(4)The requirements are that—

(a)the agreement is in writing signed by the landlord and the tenant, and

(b)the document containing the agreement contains a statement, in characters not less conspicuous than those used in any other part of the agreement—

(i)that the tenant’s security of tenure under this Act will not be affected if he refuses to enter into the agreement, and

(ia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(ii)that entry into the agreement will not deprive the tenant or landlord of the right to apply at any time to the rent officer for the registration of a fair rent under Part IV of this Act,

or words to that effect, and

(c)the statement mentioned in paragraph (b) above is set out at the head of the document containing the agreement.

Textual Amendments

F65Word “and” and s. 51(3)(b) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F66S. 51(4)(b)(ia) was inserted by Housing Act 1980 (c. 51, SIF 61), s. 68(1) and repealed (with saving) by S.I. 1987/264, arts. 2(3), 3, Sch. 1 para. 3, Sch. 2

[F6752 Protection: special provisions following conversion.E+W

(1)This section applies to an agreement with a tenant having security of tenure which is entered into after the commencement of provisions following section 68(2) of the M7Housing Act 1980 if the tenancy has become or, conversion. as the case may be, the previous tenancy became a regulated tenancy by conversion.

(2)Any such agreement which purports to increase the rent payable under a protected tenancy shall, if entered into at a time when no rent is registered for the dwelling-house under Part IV of this Act, be void.

(3)If any such agreement constitutes a grant of a regulated tenancy and is made at a time when no rent is so registered, any excess of the rent payable under the tenancy so granted (for any contractual or statutory period of the tenancy) over the rent limit applicable to the previous tenancy, shall be irrecoverable from the tenant; but this subsection ceases to apply if a rent is subsequently so registered.

(4)For the purposes of this section a tenancy is a regulated tenancy by conversion if it has become a regulated tenancy by virtue of—

(a)Part VIII of this Act, section 43 of the M8 Housing Act 1969 or Part 111 or IV of the M9 Housing Finance Act 1972) (conversion of controlled tenancies into regulated tenancies); or

(b)section 18(3) of this Act or paragraph 5 of Schedule 2 to the M10 Rent Act 1968 (conversion on death of first successor); or

(c)section 64 of the Housing Act 1980 (conversion of all remaining controlled tenancies).

(5)This section does not apply to any agreement where the tenant is neither the person who, at the time of the conversion, was the tenant nor a person who might succeed the tenant at that time as a statutory tenant.

(6)Where a rent is registered for the dwelling-house and the registration is subsequently cancelled, this section shall not apply to the agreement submitted to the rent officer in connection with the cancellation nor to any agreement made so as to take effect after the cancellation.]

Textual Amendments

F67S. 52 substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 68(2), Sch. 25 Pt.II para. 65

Marginal Citations

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68E+W

Textual Amendments

F68Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

54 Failure to comply with provisions for protection of tenants.E+W

(1)If, in the case of a variation of the terms of a regulated tenancy, there is a failure to observe any of the requirements of section 51, . . . F69 of this Act, any excess of the rent payable under the terms as varied over the terms without the variation shall be irrecoverable from the tenant.

(2)If, in the case of the grant of a tenancy, there is a failure to observe any of those requirements, any excess of the rent payable under the tenancy so granted (for any contractual or any statutory period of the tenancy) over the previous limit shall be irrecoverable from the tenant.

(3)In subsection (2) above the “previous limit” shall be taken to be the amount which (taking account of any previous operation of this section or of section 46 of the M11Housing Finance Act 1972, which is superseded by this section) was recoverable by way of rent for the last rental period of the previous tenancy of the dwelling-house, or which would have been so recoverable if all notices of increase authorised by this Act, the M12Rent Act 1968 and section 37(3) of the Act of 1972 had been served.

(4)(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

Textual Amendments

F69Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F70S. 54(4)(5) repealed with saving by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. II para. 66, Sch. 26

Marginal Citations

M111972 c. 47.

M121968 c. 23.

E+W

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71E+W

Textual Amendments

F71S. 55 repealed (with saving) by S.I. 1987/264, arts. 2(1)(a), 3, Sch. 2

56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72E+W

Textual Amendments

F72Ss. 56, 114, Sch. 9 repealed by Housing Act 1980 (c. 51, SIF 61), s. 60(4), Sch. 26

Enforcement provisionsE+W

57 Recovery from landlord of sums paid in excess of recoverable rent, etc.E+W

(1)Where a tenant has paid on account of rent any amount which, by virtue of this Part of this Act, is irrecoverable by the landlord, the tenant who paid it shall be entitled to recover that amount from the landlord who received it or his personal representatives.

(2)Any amount which a tenant is entitled to recover under subsection (1) above may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord.

[F73(3)No amount which a tenant is entitled to recover under subsection (1) above shall be recoverable at any time after the expiry of —

(a)one year, in the case of an amount which is irrecoverable by virtue of section 54 of this Act; or

(b)two years, in any other case.]

(4)Any person who, in any rent book or similar document, makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this Part of this Act shall be liable to a fine not exceeding [F74level 3 on the standard scale], unless he proves that, at the time of the making of the entry, the landlord had a bona fide claim that the sum was recoverable.

(5)If, where any such entry has been made by or on behalf of any landlord, the landlord on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within 7 days, the landlord shall be liable to a fine not exceeding [F74level 3 on the standard scale], unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable.

Textual Amendments

F73S.57(3) substituted by Housing Act 1980 (c. 51, SIF 61), s. 68(3)

F74Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

58 Rectification of rent books in light of determination of recoverable rent.E+W

Where, in any proceedings, the recoverable rent of a dwelling-house subject to a regulated tenancy is determined by a court, then, on the application of the tenant (whether in those or in any subsequent proceedings), the court may call for the production of the rent book or any similar document relating to the dwelling-house and may direct the registrar or clerk of the court to correct any entries showing, or purporting to show, the tenant as being in arrears in respect of any sum which the court has determined to be irrecoverable.

General provisionsE+W

59 Adjustment for differences in lengths of rental periods.E+W

In ascertaining for the purposes of this Part of this Act whether there is any difference with respect to rents or rates between one rental period and another (whether of the same tenancy or not) or the amount of any such difference, any necessary adjustment shall be made to take account of periods of different lengths; and for the purposes of such an adjustment a period of one month shall be treated as equivalent to one-twelth of a year and a period of a week as equivalent to one-fifty-second of a year.

60 Regulations.E+W

(1)The Secretary of State may make regulations—

(a)prescribing the form of any notice or other document to be given or used in pursuance of this Part of this Act; and

(b)prescribing anything required or authorised to be prescribed by this Part of this Act.

(2)Any such regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

61 Interpretation of Part III.E+W

(1)In this Part of this Act, except where the context otherwise requires—

“contractual period” means a rental period of a regulated tenancy which is a period beginning before the expiry or termination of the protected tenancy;
“contractual rent limit” has the meaning assigned to it by section 44(3) of this Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
“prescribed” means prescribed by regulations under section 60 of this Act and references to a prescribed form include references to a form substantially to the same effect as the prescribed form;
“recoverable rent” means rent which, under a regulated tenancy, is or was for the time being recoverable, having regard to the provisions of this Part of this Act;
“rent agreement with a tenant having security of tenure” has the meaning assigned to it by section 51 of this Act;
“statutory period” means any rental period of a regulated tenancy which is not a contractual period.

(2)References in this Part of this Act to rates, in respect of a dwelling-house, include references to such proportion of any rates in respect of a hereditament of which the dwelling-house forms part as may be agreed in writing between the landlord and the tenant or determined by the county court.

Textual Amendments

F75Definition repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

Part IVE+W Registration of Rents Under Regulated Tenancies

62 Registration areas.E+W

(1)[F76Except so far as different provision is made by an order under section 17 of the Local Government Act 1992,] [F77or Part 1 of the Local Government and Public Involvement in Health Act 2007 (orders constituting new local government areas etc)] the registration areas for the purpose of this Part of this Act [F78are—

(a)counties [F79and county boroughs];

(b)London boroughs; and

(c)the City of London.]

(2)For the purposes of this Part of this Act—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80 the City of London shall be deemed to include the Inner Temple and the Middle Temple, and

(b)the Isles of Scilly shall be a registration area and the Council of the Isles of Scilly shall be the local authority for that registration area.

Textual Amendments

F76Words in s. 62(1) inserted (13.10.1995) by S.I. 1995/2451, reg. 3

F77Words in s. 62(1) inserted (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 13; S.I. 2007/3136, art. 2(b)

F78Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 13(1)

F79Words in s. 62(a) inserted (1.10.1995) by 1994 c. 19, s. 22(2), Sch. 8 para. 3(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 4(1), Sch. 2

F80Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 13(2)

63 Schemes for appointment of rent officers.E

(1)The Secretary of State shall for every registration area make, after consultation with the local authority, a scheme providing for the appointment by the proper officer of the local authority—

(a)of such number of rent officers for the area as may be determined by or in accordance with the scheme, . . . F81

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

(2)A scheme under this section—

(a)shall provide for the payment by the local authority to rent officers . . . F82 of remuneration and allowances in accordance with scales approved by the Secretary of State F83. . .;

(b)shall prohibit the dismissal of a rent officer . . . F84 except by the proper officer of the local authority on the direction, or with the consent, of the Secretary of State;

(c)shall require the local authority to provide for the rent officers office accommodation and clerical and other assistance;

(d)shall allocate, or confer on the proper officer of the local authority the duty of allocating, work as between the rent officers and shall confer on the proper officer the duty of supervising the conduct of rent officers . . . F85; . . . F86

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

[F88(2A) A scheme under this section may make all or any of the following provisions—

(a)provision requiring the consent of the Secretary of State to the appointment of rent officers;

(b)provision with respect to the appointment of rent officers for fixed periods;

(c)provision for the proper officer of the local authority, in such circumstances and subject to such conditions (as to consent or otherwise) as may be specified in the scheme,—

(i)to designate a person appointed or to be appointed a rent officer as chief rent officer and to designate one or more such persons as senior rent officers;

(ii)to delegate to a person so designated as chief rent officer such functions as may be specified in the scheme; and

(iii)to revoke a designation under sub-paragraph (i) above and to revoke or vary a delegation under sub-paragraph (ii) above;

(d)provision with respect to the delegation of functions by a chief rent officer to other rent officers (whether designated as senior rent officers or not);

(e)provision as to the circumstances in which and the terms on which a rent officer appointed by the scheme may undertake functions outside the area to which the scheme relates in accordance with paragraph (f) below;

(f)provision under which a rent officer appointed for an area other than that to which the scheme relates may undertake functions in the area to which the scheme relates and for such a rent officer to be treated for such purposes as may be specified in the scheme (which may include the purposes of paragraphs (c) and (d) above and paragraphs (c) and (d) of subsection (2) above) as if he were a rent officer appointed under the scheme; and

(g)provision conferring functions on the proper officer of a local authority with respect to the matters referred to in paragraphs (d) to (f) above.]

(3)For the purposes of any local Act scheme, within the meaning of section 8 of the M13Superannuation Act 1972, rent officers . . . F89 appointed in pursuance of a scheme under this section shall be deemed to be officers in the employment of the local authority for whose area the scheme is made; and for the purposes of—

(a)Part III of the [F90Pension Schemes Act 1993], and

(b)the M14Social Security Act 1975,

they shall be deemed to be in that employment under a contract of service.

[F91(4)In this Part “the rent officer” means–

(a)in relation to any area not specified in an order made under section 64B of this Act, any rent officer appointed for the area who is authorised to act in accordance with a scheme under this section;

(b)in relation to any area or areas so specified, any rent officer appointed by the [F92Commissioners for Her Majesty’s Revenue and Customs] .]

(5)A scheme under this section may be varied or revoked by a subsequent scheme made thereunder.

(6)The Secretary of State shall, in respect of each financial year, make to any local authority incurring expenditure which is of a kind mentioned in subsection (7) below, a grant equal to that expenditure.

(7)The expenditure mentioned in subsection (6) above is any expenditure—

(a)attributable to this section [F93or an order under section 122 of the Housing Act 1996], or

(b)incurred in respect of pensions, allowances or gratuities payable to or in respect of rent officers . . . F94 (appointed in pursuance of a scheme under this section) by virtue of regulations under section 7 [F95or section 24] of the M15Superannuation Act 1972 [F96or]

[F97(c)incurred in respect of increases of pensions payable to or in respect of rent officers (so appointed) by virtue of the Pensions (Increase) Act 1971].

(8)Any expenditure incurred by the Secretary of State by virtue of subsection (6) above shall be paid out of money provided by Parliament.

[F98(9)In the case of a registration area in respect of which there is more than one local authority, this section shall apply as if—

(a)the first reference to “the local authority” in subsection (1) were a reference to each of those local authorities which is—

(i)the county council for a county in England; or

(ii)the council for a district in England which is not in a county having a county council; and

(b)the second reference to “the local authority” in that subsection, the references to “the local authority” in subsections (2) and (2A)(c), the reference to “a local authority” in subsection (2A)(g) and the reference to “the local authority for whose area the scheme is made” in subsection (3) were references to such one of those authorities as has been designated by the scheme]

Extent Information

E1This version of this provision extends to England only; a separate version has been created for Wales only.

Textual Amendments

F81S. 63(1)(b) and the word “and” immediately preceding it repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 1, Sch. 18

F82Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(a), Sch. 18

F83Words in s. 63(2) repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 22(1)(a)(3), Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3 (with Sch.)

F84Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(b), Sch. 18

F85Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(c), Sch. 18

F86Word “and” was inserted by Housing Act 1980 (c. 51, SIf 61), s. 59(1) and repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(c), Sch. 18

F87S. 63(2)(e) was inserted by Housing Act 1980 (c. 51, SIF 61), s. 59(1) and repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 120, 140(2), Sch. 14 para. 2(d), Sch. 18

F88S. 63(2A) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 119, Sch. 14 para. 3

F89Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 119, 140(2), Sch. 14 para. 4, Sch. 18

F90In s. 63(3) the words "Pension Schemes Act 1993" substituted (7.2.1994) for the words "Social Security Pensions Act 1975" (expressed as s. 653(3) in the amending Act) by 1993 c. 48, s. 190, Sch. 8 para. 10 (with ss. 6(8), 164)

F91S. 63(4) substituted (1.10.1999) by S.I. 1999/2403, art. 7(a) (with s. 8(1)-(5))

F92Words in s. 63(4)(b) substituted (1.4.2009) by Transfer of Functions (Administration of Rent Officer Service in England) Order 2008 (S.I. 2008/3134), art. 1(2), Sch. para. 1

F93Words in s. 63(7)(a) substituted (1.4.1997) by 1996 c. 52, s. 123, Sch. 13 para. 1; S.I. 1997/618, art. 2(1) (with Sch.)

F94Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

F95Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 120, Sch. 14 para. 5(a)

F96Word substituted by Housing Act 1988 (c. 50, SIF 75:1), s. 120, Sch. 14 para. 5(a)

F97S. 63(7)(c) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 119, Sch. 14 para. 5(b)

F98S. 63(9) substituted (13.10.1995) by S.I. 1995/2451, reg. 4

Modifications etc. (not altering text)

C29S. 63 modified (13.10.1995) by S.I. 1995/2451, reg. 8(1)-(3)

Marginal Citations

M131972 c. 11.

M141975 c. 14.

M151972 c. 11.

63 Schemes for appointment of rent officers.W

(1)The Secretary of State shall for every registration area make, after consultation with the local authority, a scheme providing for the appointment by the proper officer of the local authority—

(a)of such number of rent officers for the area as may be determined by or in accordance with the scheme, . . . F382

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F382

(2)A scheme under this section—

(a)shall provide for the payment by the local authority to rent officers . . . F383 of remuneration and allowances in accordance with scales approved by the Secretary of State F384. . .;

(b)shall prohibit the dismissal of a rent officer . . . F385 except by the proper officer of the local authority on the direction, or with the consent, of the Secretary of State;

(c)shall require the local authority to provide for the rent officers office accommodation and clerical and other assistance;

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F388

[F389(2A) A scheme under this section may make all or any of the following provisions—