Landlord and Tenant Act 1954

6 Application of Rent Acts where tenant retains possession. E+W

(1) Where a tenancy is terminated by a landlord’s notice proposing a statutory tenancy [F1 the Rent Act shall apply], subject as hereinafter provided, as if the tenancy (hereinafter referred to as “the former tenancy”)—

(a) had been a tenancy of the dwelling-house, as hereinafter defined, and

[F2 (b) had not been a tenancy at a low rent and, except as regards the duration of the tenancy and the amount of the rent, had been a tenancy on the terms agreed or determined in accordance with the next following section and no other terms.]

(2) The [F1 Rent Act] shall not apply as aforesaid, if at the end of the period of two months after the service of the landlord’s notice the qualifying condition was not fulfilled as respects the tenancy, unless the tenant has elected to retain possession.

(3) In this Part of this Act the expression “the dwelling-house” means the premises agreed between the landlord and the tenant or determined by the court,—

(a) if the agreement or determination is made on or after the term date of the former tenancy, to be the premises which as respects that tenancy are the premises qualifying for protection,

(b) if the agreement or determination is made before the term date of the former tenancy, to be the premises which are likely to be the premises qualifying for protection.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F1 Words substituted by Rent Act 1968 (c. 23), Sch. 15 (continued by Rent Act 1977 (c. 42), Sch. 24 para. 30)

F2 S. 6(1)(b) substituted by Leasehold Reform Act 1967 (c. 88), s. 39(2), Sch. 5 para. 3(1)(a)

F3 Ss. 6(4), 9(5) repealed by Leasehold Reform Act 1967 (c. 88), Sch. 5, Sch. 7 Pt. I

F4 Ss. 6(5), 11 repealed by Rent Act 1957 (c. 25), Sch. 8 Pt. I