Rent Act 1977

Protected furnished tenancies E+W

6 (1) In any case where— E+W

(a) before 14th August 1974 a dwelling was subject to a tenancy which was a Part VI contract within the meaning of the M1 Rent Act 1968, and

(b) the dwelling forms part only of a building, and that building is not a purpose-built block of flats within the meaning of section 12 of this Act, and

(c) on that date the interest of the lessor, within the meaning of Part VI of the M2 Rent Act 1968, under the tenancy—

(i) belonged to a person who occupied as his residence another dwelling which also formed part of that building, or

(ii) was vested in trustees as such and was or, if it was held on trust for sale, the proceeds of its sale were held on trust for a person who occupied as his residence another dwelling which also formed part of that building, and

(d) apart from paragraph 1 of Schedule 3 to the M3 Rent Act 1974 the tenancy would, on that date, have become a protected furnished tenancy,

this Act shall apply, subject to sub-paragraph (2) below, as if the tenancy had been granted on that date and as if the condition in section 12(1)(b) of this Act were fulfilled in relation to the grant of the tenancy.

(2) In the application of this Act to a tenancy by virtue of this paragraph—

(a) subsection (2) of section 12 shall be omitted; and

(b) in section 20 and Part II of Schedule 2 any reference to section 12 of this Act shall be construed as including a reference to this paragraph.

(3) In any case where paragraphs (a), (b) and (d) of sub-paragraph (1) above apply but on 14th August 1974 the interest referred to in paragraph (c) of that sub-paragraph was vested—

(a) in the personal representatives of a deceased person acting in that capacity, or

(b) by virtue of section 9 of the M4 Administration of Estates Act 1925, in the Probate Judge within the meaning of that Act, or

(c) in trustees as such,

then, if the deceased immediately before his death or, as the case may be, the settlor immediately before the creation of the trust occupied as his residence another dwelling which also formed part of the building referred to in paragraph (b) of sub-paragraph (1) above, that sub-paragraph shall apply as if the condition in paragraph (c) thereof were fulfilled.

(4) In the application of [F1 paragraph 1(c)] of Schedule 2 to this Act in a case falling within sub-paragraph (3) above, any period before 14th August 1974 during which the interest of the landlord vested as mentioned in that subsection shall be disregarded in calculating the period of 12 months specified therein.

Textual Amendments

F1 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 60(a)

Marginal Citations

M1 1968 c. 23

M2 1968 c. 23.

M3 1974 c. 51.

M4 1925 c. 23.

7 (1) This paragraph applies where the M5 tenancy of a dwelling-house came to an end before 14th August 1974 and, if it had come to an end immediately after that date it would then have been a protected furnished tenancy within the meaning of the Rent Act 1974. E+W

(2) If the tenant under the tenancy which came to an end duly retained possession of the dwelling-house on 14th August 1974 without an order for possession having been made or after the rescission of such an order he shall be deemed to have done so as a statutory tenant under a regulated tenancy and, subject to sub-paragraph (5) below, as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant; and, subject to sub-paragraphs (4) and (5) below, the tenancy referred to in sub-paragraph (1) above shall be treated, in relation to his statutory tenancy,—

(a) as the original contractual tenancy for the purposes of section 3 of this Act, and

(b) as the previous contractual tenancy for the purposes of paragraph 2 of Part III of Schedule 15 to this Act.

(3) In any case where—

(a) immediately before 14th August 1974 a rent was registered for a dwelling under Part VI of the M6 Rent Act 1968, and

(b) on that date a person became a statutory tenant of that dwelling by virtue of paragraph 3(4) of Schedule 3 to the M7 Rent Act 1974,

the amount which was so registered under Part VI shall be deemed to be registered under Part IV of this Act as the rent for that dwelling, and that registration shall be deemed to have taken effect on 14th August 1974.

(4) The High Court or the county court may by order vary all or any of the terms of the statutory tenancy imposed by sub-paragraph (2) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by the provisions of sections 46 and 47 of this Act).

(5) If on 14th August 1974 the dwelling-house was occupied by a person who would, if the tenancy had been a protected tenancy for the purposes of the M8 Rent Act 1968, have been “the first successor” as defined in paragraph 4 of Schedule 1 to that Act, sub-paragraph (2) above shall apply where that person retained possession as it applies where the tenant retained possession, except that he shall be the first successor as so defined.

Marginal Citations

M5 1974 c. 51.

M6 1968 c. 23.

M7 1974 c. 51.

M8 1968 c. 23.

8 (1) Where, immediately before the commencement of this Act, a rent was deemed (by virtue of section 5 of the M9 Rent Act 1974) to have been registered under Part IV of the M10 Rent Act 1968 with effect from 14th August 1974, it shall for the purposes of this Act be deemed to be registered under Part IV of this Act with effect from that date. E+W

(2) Section 67(3) of this Act shall not apply to an application for the registration under Part IV of this Act of a rent different from that which is deemed to be registered as mentioned in sub-paragraph (1) above.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4) A statutory furnished tenancy which arose on 15th August 1974, by virtue of section 5(4) of the M11 Rent Act 1974, shall be treated as a statutory furnished tenancy for the purposes of this Act and as having arisen on that date.

Textual Amendments

F2 Sch. 24 para. 8(3) repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

Marginal Citations

M9 1974 c. 51.

M10 1968 c. 23.

M11 1974 c. 51.