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Rent Act 1977, Section 2 is up to date with all changes known to be in force on or before 02 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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
[F1(b)Part 1 of Schedule 1 to this Act shall have effect for determining what person (if any)—
(i)is the statutory tenant of the dwelling-house, or (as the case may be),
(ii)in the case of a dwelling-house in England, is entitled to an assured tenancy of a dwelling-house by succession, or
(iii)in the case of a dwelling-house in Wales, is entitled to a secure contract of a dwelling-house by succession,
at any time after the death of a person who, immediately before that person’s death, was either a protected tenant of the dwelling-house or a 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
F1S. 2(1)(b) substituted (18.5.2023) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2023 (S.I. 2023/550), regs. 1, 2(2)
Marginal Citations
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