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PART IVE+W SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Modifications etc. (not altering text)

C2Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)

C3Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))

Supplementary provisionsE+W

[F1109A Acquisition of dwelling-house subject to statutory tenancy.E+W

Where an authority or body within section 80 (the landlord condition for secure tenancies) becomes the landlord of a dwelling-house subject to a statutory tenancy, the tenancy shall be treated for all purposes as if it were a contractual tenancy on the same terms, and the provisions of this Part apply accordingly.]

Textual Amendments

F1S. 109A and heading inserted by Housing and Planning Act 1986 (c.63, SIF 61), s. 24(1)(b), Sch. 5 Pt. I para. 2

110 Jurisdiction of county court.E+W

(1)A county court has jurisdiction to determine questions arising under this Part and to entertain proceedings brought under this Part and claims, for whatever amount, in connection with a secure tenancy.

(2)That jurisdiction includes jurisdiction to entertain proceedings on the following questions—

(a)whether a consent required by section 92 (assignment by way of exchange) was withheld otherwise than on one or more of the grounds set out in Schedule 3,

(b)whether a consent required by section 93(1)(b) or 97(1) (landlord’s consent to subletting of part of dwelling-house or to carrying out of improvements) was withheld or unreasonably withheld, or

(c)whether a statement supplied in pursuance of section 104(2)(b) (written statement of certain terms of tenancy) is accurate,

notwithstanding that no other relief is sought than a declaration.

[F2(3)If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court, he is not entitled to recover any costs.]

111 County court rules and directions.E+W

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4111A Introductory tenanciesE+W

Sections 102(1), (2) and (3)(a), 103 and 108 apply in relation to introductory tenancies as they apply in relation to secure tenancies.]

Textual Amendments

F4S. 111A inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(i)

112 Meaning of “dwelling-house”.E+W

(1)For the purposes of this Part a dwelling-house may be a house or a part of a house.

(2)Land let together with a dwelling-house shall be treated for the purposes of this Part as part of the dwelling-house unless the land is agricultural land (as defined in section 26(3)(a) of the M1General Rate Act 1967) exceeding two acres.

Marginal Citations

113 Members of a person’s family.E+W

(1)A person is a member of another’s family within the meaning of this Part if—

(a)he is the spouse [F5or civil partner] of that person, or he and that person live together as husband and wife [F6or as if they were civil partners] , or

(b)he is that person’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece.

(2)For the purpose of subsection (1)(b)—

(a)a relationship by marriage [F7or civil partnership] shall be treated as a relationship by blood,

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c)the stepchild of a person shall be treated as his child, and

(d)an illegitimate child shall be treated as the legitimate child of his mother and reputed father.

114 Meaning of “landlord authority”.E+W

(1)In this Part “landlord authority” means—

other than an authority in respect of which an exemption certificate has been issued.

(2)The Secretary of State may, on an application duly made by the authority concerned, issue an exemption certificate to—

if he is satisfied that it has transferred, or otherwise disposed of, at least three-quarters of the dwellings which have at any time before the making of the application been vested in it.

(3)The application shall be in such form and shall be accompanied by such information as the Secretary of State may, either generally or in relation to a particular case, direct.

Textual Amendments

F9Words in s. 114(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(12)

F10Words in s. 114(1)(2) inserted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 10 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F12Words in s. 114(1)(2) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

115 Meaning of “long tenancy”.E+W

(1)The following are long tenancies for the purposes of this Part, subject to subsection (2)—

(a)a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;

(b)a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy;

(c)any tenancy granted in pursuance of Part V (the right to buy) [F13, including any tenancy granted in pursuance of that Part as it has effect by virtue of section 17 of the Housing Act 1996 (the right to acquire)].

(2)A tenancy granted so as to become terminable by notice after a death is not a long tenancy for the purposes of this Part, unless—

(a)it is granted by a housing association which at the time of the grant is [F14a private registered provider of social housing or] [F15a registered social landlord],

(b)it is granted at a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, and

(c)at the time it is granted it complies with the requirements of the regulations then in force under section 140(4)(b) of the M2Housing Act 1980 [F16or paragraph 4(2)(b) of schedule 4A to the Leasehold Reform Act 1967] (conditions for exclusion of shared ownership leases from Part I of the M3Leasehold Reform Act 1967) or, in the case of a tenancy granted before any such regulations were brought into force, with the first such regulations to be in force.

Textual Amendments

F13Words in s. 115(1)(c) inserted (1.4.1997) by S.I. 1997/627, art. 2, Sch. para. 3(2)

F15Words in s. 115(2)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(13)

Marginal Citations

[F17115A Meaning of “introductory tenancy”.E+W

In this Part “introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996.]

Textual Amendments

F17S. 115A inserted (4.2.1997) by 1996 c. 52, s. 141(1), Sch. 14 para. 3; S.I. 1997/66, art. 2 (subject to savings in Sch.)

116 Minor definitions.E+W

In this Part—

117 Index of defined expressions: Part IVE+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—

[F18assured tenancy][F18section 622]
cemeterysection 622
charitysection 622
common parts (in relation to a dwelling-house let under a tenancy)section 116
[F19consent (in Schedule 3A)][F19paragraph 2(3) of that Schedule]
co-operative housing associationsection 5(2)
F20. . .F20. . .
development corporationsection 4(c)
dwelling-housesection 112
family (member of)section 113
housing associationsection 5(1)
housing authoritysection 4(a)
housing purposessection 116
housing trustsection 6
improvementsection 97(2)
[F21introductory tenancy][F21section 115A]
[F22landlord (in Part V of Schedule 2)][F22paragraph 5 of that Part]
landlord authoritysection 114
local authoritysection 4(e)
local housing authoritysection 1, 2(2)
long tenancysection 115
[F19management agreement and manager][F19sections 27(2)and 27B(4)]
new town corporationsection 4(b)
qualified to succeed (on the death of a secure tenant)section 87
[F23registered social landlord][F23section 5(4) and (5)]
[F24the Relevant Authority][F24section 6A]
rental periodsection 116
secure tenancysection 79
term (in relation to a secure tenancy)section 116
urban development corporationsection 4(d)
variation (of the terms of a secure tenancy)section 102(2)

Textual Amendments

F21Entry in s. 117 inserted (4.2.1997) by 1996 c. 52, s. 141(1), Sch. 14 para. 4; S.I. 1997/66, art. 2 (subject to savings in Sch.)

F23Entry in s. 117 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(14)

F24Entry in s. 117 inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 11(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5