Rent (Agriculture) Act 1976

Section 1.

SCHEDULE 2 E+W Meaning of “Relevant Licence” and “Relevant Tenancy”

Modifications etc. (not altering text)

C1 Sch. 2 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.)

C2 Sch. 2 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.)

C3 Sch. 2 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.)

C4 Sch. 2 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.)

Relevant licence E+W

1 E+W In this Act “relevant licence” means any licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which—

(a) if it were a tenancy, and

[F1 (b) if the provisions of Part I of the M1 Rent Act 1977 relating to exceptions to the definition of “protected tenancy” were modified as mentioned in paragraph 3 below,]

would be a protected tenancy for the purposes of that Act.

Textual Amendments

F1 Para. 1(b) substituted by Rent Act 1977 (c. 42), Sch. 23 para. 78

Marginal Citations

M1 1977 c. 42.

Relevant tenancy E+W

2 E+W In this Act “relevant tenancy” means any tenancy under which a dwelling-house is let as a separate dwelling and which—

(a) is not a protected tenancy for the purposes of [F2 the Rent Act 1977], but

(b) would be such a tenancy if [F3 the provisions of that Act mentioned in paragraph 1(b) above] were modified as mentioned in paragraph 3 below,

other than a tenancy to which Part I or Part II of the M2 Landlord and Tenant Act 1954 applies [F4 a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies][F5 , a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy in relation to which that Act applies, and a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.].

Textual Amendments

F2 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 79(a)

F3 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 79(b)

F4 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194(1), Sch. 11 para. 50

F5 Words in Sch. 2 para. 2 substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 26 (with s. 37)

Marginal Citations

M2 1954 c. 56.

Supplemental E+W

[F6 3 (1) For the purposes of this Schedule the modifications of Part I of the Rent Act 1977 are as follows. E+W

(2) Omit sections 5 (tenancies at low rents) and 10 (tenancy of a dwelling-house comprised in any agricultural holding etc.).

[F7 (2A) In section 5A (exclusion of certain shared ownership leases), in subsection (2)(g) (condition that lease states landlord’s opinion that 1977 Act does not apply) for the reference to the 1977 Act substitute a reference to this Act.]

(3) For section 7 (payments for board or attendance) substitute:—

“7 (1) A tenancy is not a protected tenancy if it is a bona fide term of the tenancy that the landlord provides the tenant with board or attendance.

(2) For the avoidance of doubt it is hereby declared that meals provided in the course of a person’s employment in agriculture do not constitute board for the purposes of this section; and a term that the landlord provides the tenant with attendance shall not be taken to be a bona fide term for those purposes unless, having regard to its value to the tenant, the attendance is substantial.”]

Textual Amendments

F6 Para. 3 substituted by Rent Act 1977 (c. 42), Sch. 23 para. 80

F7 Sch. 2 para. 3(2A) inserted by Housing and Planning Act 1986 (c. 63, SIF 75:3), s. 18, Sch. 4 para. 2

4 E+W The other provisions of [F8 the Rent Act 1977] which are relevant for the purposes of the above definitions, and which are therefore also applied by this Schedule, include—

• section 1 (definition of “protected tenancy”);

• [F9 section 13] (no protected or statutory tenancy where landlord’s interest belongs to Crown);

• [F9 sections 14 to 16] (no protected or statutory tenancy where landlord’s interest belongs to local authority, etc.);

• [F9 section 12] (no protected tenancy in certain cases where landlord’s interest belongs to resident landlord);

• [F9 section 25] (rateable value and appropriate day).

Textual Amendments

F8 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 75(c)

F9 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 81(b)