Rent (Agriculture) Act 1976

Variation of statutory tenancy E+W

12 (1) Subject to the provisions of this paragraph, the landlord and the statutory tenant may by agreement in writing vary any of the provisions of the statutory tenancy. E+W

(2) An agreement under this paragraph may be made at any time, including a time before the beginning of the statutory tenancy.

(3) So far as a variation of the provisions of the statutory tenancy concerns rent it shall be effected in accordance with section 11 of this Act, and no agreement under that section may conflict with any of the provisions of this Act.

(4) This paragraph shall not authorise an agreement which results in—

(a) a substantial addition to the land or premises which the statutory tenant is entitled to occupy, or

(b) the breach of any obligation implied by law, and in particular the breach of the obligation imposed by [F1 section 11 of the Landlord and Tenant Act 1985] (landlord’s obligation to repair), or

(c) the circumstances in which the statutory tenant can give notice to quit, or

(d) the inclusion of any term which relates to the employment by the landlord of the tenant, or of any other term unrelated to the occupation of the dwelling-house.

(5) The following bind any successor of the landlord or the tenant under a statutory tenancy to the same extent as they bind the landlord, or as the case may be the tenant—

(a) an agreement under this paragraph,

(b) an agreement under section 10(3)(b) or section 11 of this Act,

(c) section 11(9) (rent payable after termination of agreement),

(d) a notice of increase by the landlord under section 12 or section 14 of this Act,

(e) a notice under paragraph 11 of this Schedule (rates recoverable by landlord from statutory tenant).

Textual Amendments

F1 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 33(5)(a)