Rent (Agriculture) Act 1976

Statutory tenancies E+W

4 Statutory tenants and tenancies. E+W

(1) Subject to section 5 below, where a person ceases to be a protected occupier of a dwelling-house on the termination, whether by notice to quit or by virtue of section 16(3) of this Act or otherwise, of his licence or tenancy, he shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it.

(2) Subject to section 5 below, subsection (3), F1 . . . below shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house at any time after the death of a person (“the original occupier”) who was, immediately before his death, a protected occupier or statutory tenant of the dwelling-house in his own right.

(3) [F2 If the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, unless the surviving partner is a protected occupier of the dwelling-house by virtue of section 3(2) above, the surviving partner shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence.]

This subsection is framed by reference to the case where the original occupier was a man, but is to be read as applying equally in the converse case where the original occupier was a woman.

(4) Where—

(a) the original occupier was not a person who died leaving a [F3 surviving partner] who was residing [F4 in the dwelling-house immediately before [F5 the original occupier's] death], but

(b) one or more persons who were members of [F5 the original occupier's] family were residing with [F6 the original occupier] [F7 in the dwelling-house] at the time of and for the F8 ...[F8 period of 2 years] immediately before [F5 the original occupier's] death,

then, after [F5 the original occupier's] death, unless that person or, as the case may be, one of those persons is a protected occupier of the F9 ...[F9 entitled to an assured tenancy of the dwelling-house by succession] .

(5) In F10 ...[F10 subsections (1) and (3)] above the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed in accordance with [F11 section 2(3) of the M1 Rent Act 1977] (construction of that phrase in the corresponding provisions of that Act).

[F12 (5ZA) In subsections (3) and (4) above “ surviving partner ” means surviving spouse or surviving civil partner.

(5A) For the purposes of subsection (3) above—

(a) a person who was living with the original occupier as his or her husband or wife shall be treated as the spouse of the original occupier, and

(b) a person who was living with the original occupier as if they were civil partners shall be treated as the civil partner of the original occupier,

and, subject to subsection (5B) below, “surviving spouse” and “surviving civil partner” in subsection (5ZA) above shall be construed accordingly.]

(5B) If, immediately after the death of the original occupier, there is, by virtue of subsection (5A) above, more than one person who fulfils the conditions in subsection (3) above, such one of them as may be decided by agreement or, in default of agreement by the county court, shall be the statutory tenant by virtue of that subsection.

(5C) If the original occupier died within the period of 18 months beginning on the operative date, then, for the purposes of subsection (3) above, a person who was residing in the dwelling-house with the original occupier at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original occupier for the period of 2 years immediately before his death; and in this subsection “ the operative date ” means the date on which Part I of the Housing Act 1988 came into force.

(6) A dwelling-house is, in this Act, referred to as subject to a statutory tenancy where there is a statutory tenant of it.

Textual Amendments

F1 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18

F2 S. 4(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(2); S.I. 2005/3175, art. 2(1), Sch. 1

F3 Words in s. 4(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(3)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F4 Words substituted by Housing Act 1980 (c. 51), s. 76(3)(4) in relation to deaths occurring after 28.11.1980

F5 Words in s. 4(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(3)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F6 Words in s. 4(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(3)(c); S.I. 2005/3175, art. 2(1), Sch. 1

F7 Words in s. 4(4)(b) inserted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 11(a)

F8 Words in s. 4(4)(b) substituted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 11(a)

F9 Words in s. 4(4) substituted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 11(b)

F10 Words in s. 4(5) substituted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 12

F11 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 72

F12 S. 4(5A)(5ZA) substituted for s. 4(5A) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(4); S.I. 2005/3175, art. 2(1), Sch. 1

Marginal Citations

M1 1977 c. 42.

5 No statutory tenancy where landlord’s interest belongs to Crown or to local authority, etc. E+W

[F13 (1) A person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would, at that time—

(a) belong to Her Majesty in right of the Crown or to a government department, or

(b) be held in trust for Her Majesty for the purposes of a government department;

except that an interest belonging to Her Majesty in right of the Crown shall not prevent a person from being a statutory tenant if the interest is under the management of the Crown Estate Commissioners.]

(2) A person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would, at that time, belong to any of the bodies specified in subsection (3) below.

(3) The bodies referred to in subsection (2) above are—

(a) the council of a county [F14 , county borough] or district or, in the application of this Act to the Isles of Scilly, the Council of those Isles;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 the council of a London borough or the Common Council of the City of London;

[F16 (baa) a police authority established under [F17 section 3 of the Police Act 1996];]

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

[F19 ( bb ) a joint authority established by Part IV of the Local Government Act 1985;]

[F20 (bba) an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);]

F21 [( bbb ) the London Fire and Emergency Planning Authority;]

[F22 (bc) the Broads Authority;]

[F23 (bd) any National Park authority;]

(c) the Commission for the New Towns

(d) the Housing Corporation;

F24 (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) a development corporation established by an order made, or having effect as if made, under the M2 [F25 New Towns Act 1981], and

(f) a housing trust (as defined in [F26 section 15(5) of the M3 Rent Act 1977]) which is a charity within the meaning of the [F27 the Charities Act 1993].

(4) If any of the conditions for the time being specified in [F28 section 15(4) of the M4 Rent Act 1977] (conditions for the operation of the corresponding provision of that Act) is fulfilled, a person shall not be a statutory tenant of a dwelling-house at any time if the interest of his immediate landlord would, at that time, [F29 belong to a housing association which—

(a) is [F30 a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act)], or

(b) is a co-operative housing association within the meaning of [F31 the Housing Associations Act 1985].]

Textual Amendments

F13 S. 5(1) substituted by Housing Act 1980 (c. 51), s. 73(3)

F14 Words in s. 5(3)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 2 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F15 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F16 S. 5(3)(baa) inserted (1.10.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 52; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

F17 Words in s. 5(3)(baa) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(m)

F18 S. 5(3)(ba) (which was inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 55) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F19 S. 5(3)(bb) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 55

F20 S. 5(3)(bba) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 13 para. 34; S.I. 2008/917, art. 2(1)(p)

F21 Words in s. 5(3) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 25 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

F22 S. 5(3)(bc) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 17

F23 S. 5(3)(bd) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 17 (with ss. 7(6), 115, 117, Sch. 8 para. 7)); S.I. 1995/2950, art. 2(1)

F24 S. 5(3)(da) repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 5

F25 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81, Sch. 12 para. 23

F26 Words substituted by Rent Act 1977 (c. 42, SIF 75:3), s. 156, Sch. 23 para. 73(a)

F27 Words in s. 5(3)(f) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 30.

F28 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 73(b)

F29 Words and s. 5(4)(a)(b) substituted for words and s. 5(4)(a)–(d) by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 4, 5(2), Sch. 2 para. 33(2)

F30 Words in s. 5(4)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 5(a)

F31 Words in s. 5(4)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 5(b)

Modifications etc. (not altering text)

C1 S. 5(2) extended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 14(c)

S. 5(2) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 24(e) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C2 S. 5(2)-(4) 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.)

C3 S. 5(2)-(4) 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 S. 5(2)-(4) 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.)

C5 S. 5(2)-(4) 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.)

C6 S. 5(3)(bb) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(O)

Marginal Citations

M2 1981 c. 64.

M3 1977 c. 42.

M4 1977 c. 42.