SCHEDULES

Section 40.

SCHEDULE 8 E+W Consequential and Minor Amendments

Modifications etc. (not altering text)

C1 The text of Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65) E+W

1 E+WAt the end of section 14(2) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 add the following words— “or

(c) is a dwelling-house which is subject to a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976.”

2 E+WAt the end of section 18(3) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 add the following words— “or

(c) where the premises are a dwelling-house subject to a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976.”

3 E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 8 para. 3 repealed by Acquisition of Land Act 1981 (c. 67), Sch. 6

4—6. E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 8 paras. 4–6, 9–11, 27–31 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5, Sch. 1 Pt. I, Sch. 4

7, 8. E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 8 paras. 7, 8 repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

9—11. E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Sch. 8 paras. 4–6, 9–11, 27–31 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5, Sch. 1 Pt. I, Sch. 4

12 E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 Sch. 8 para. 12 repealed by New Towns Act 1981 (c. 64), Sch. 13

13—15 E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 8 paras. 13–15 repealed by Protection from Eviction Act 1977 (c. 43), Sch. 3

Matrimonial Homes Act 1967 (c. 75) E+W

16 E+WIn section 7 of the Matrimonial Homes Act 1967 (provision for case where Rent Act applies and marriage is terminated by divorce etc.)—

(a) in subsection (1) for the words “a protected tenancy or of a statutory tenancy” substitute the words—

“(a) a protected tenancy or statutory tenancy within the meaning of the Rent Act 1968, or

(b) a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976”;

(b) in subsection (2) after the words “protected tenancy” insert the words “within the meaning of the Rent Act 1968”;

(c) in subsection (3) after the words “statutory tenancy”, in the first place where they occur, insert the words “within the meaning of the Rent Act 1968”;

(d) after subsection (3) insert the following subsection—

“(3A) Where the spouse is entitled as aforesaid to occupy the dwelling-house by virtue of a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976, the court may by order direct that, as from the date on which the decree is made absolute, that spouse shall cease to be entitled to occupy the dwelling-house and that his or her former spouse shall be deemed to be the tenant or, as the case may be, the sole tenant under that statutory tenancy; and a spouse who is deemed as aforesaid to be the tenant under a statutory tenancy shall be (within the meaning of that Act) a statutory tenant in his own right, or a statutory tenant by succession, according as his or her former spouse was a statutory tenant in his own right, or a statutory tenant by succession.”;

(e) for subsection (8) substitute the following subsection—

“(8) In this section— “landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to any dwelling-house, any person other than the tenant who is, or but for Part II of the Rent Act 1968 or Part II of the Rent (Agriculture) Act 1976 would be, entitled to possession of the dwelling-house; “tenancy” includes sub-tenancy.”

Leasehold Reform Act 1967 (c. 88) E+W

17 E+WIn section 16(1) of the Leasehold Reform Act 1967 (exclusion of further right after extension), at the end of paragraph (d) add the words “or under the Rent (Agriculture) Act 1976”.

18 E+WIn paragraph 3 of Schedule 2 to the Leasehold Reform Act 1967 (provisions applicable on termination of tenancy)—

(a) in sub-paragraph (2) for the words “subsection (3)” substitute the words “subsection 5” and after the words “applying or extending it” insert the words “or under subsection (2) of section 9 of the Rent (Agriculture) Act 1976 as extended by subsection (5) of that section”, and

(b) in sub-paragraph (3) after the words “that part of that Act” insert the words “or of the Rent (Agriculture) Act 1976”.

19—26. E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 8 paras. 19–26, 32, 33 repealed by Rent Act 1977 (c. 42), Sch. 25

27—31. E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 Sch. 8 paras. 4–6, 9–11, 27–31 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5, Sch. 1 Pt. I, Sch. 4

32, 33. E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 8 paras. 19–26, 32, 33 repealed by Rent Act 1977 (c. 42), Sch. 25