- Latest available (Revised)
- Point in Time (01/04/1993)
- Original (As enacted)
Version Superseded: 01/07/1995
Point in time view as at 01/04/1993.
Rent Act 1977, SCHEDULE 2 is up to date with all changes known to be in force on or before 30 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 12(4).
1In determining whether the condition in section 12(1)(c) of this Act is at any time fulfilled with respect to a tenancy, there shall be disregarded—
(a)any period of not more than [F128 days] beginning with the date on which the interest of the landlord under the tenancy becomes vested at law and in equity in an individual who, during that period, does not occupy as his residence another dwelling-house which forms part of the building [F2or, as the case may be, flat] concerned;
(b)if, within a period falling within paragraph (a) above, the individual concerned notifies the tenant in writing of his intention to occupy as his residence another [F3dwelling house in the building or, as the case may be, flat concerned], the period beginning with the date on which the interest of the landlord under the tenancy becomes vested in that individual as mentioned in that paragraph and ending—
(i)at the expiry of the period of 6 months beginning on that date, or
(ii)on the date on which that interest ceases to be so vested, or
(iii)on the date on which the condition in section 12(1)(c) again applies,
whichever is the earlier; and
(c)any period of not more than [F42 years] beginning with the date on which the interest of the landlord under the tenancy becomes, and during which it remains, vested—
(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(ii)in trustees as such; or
(iii)by virtue of section 9 of the M1Administration of Estates Act 1925, in the Probate Judge, within the meaning of that Act.
Textual Amendments
F1Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(a)(6)
F2Words inserted by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(a)(6)
F3Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(b)(6)
F4Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(c)(6)
F5Sch. 2 para. 1 (c)(i) repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(c)(6)(7), Sch. 26
Marginal Citations
2During any period when—
(a)in the interest of the landlord under the tenancy referred to in section 12(1) is vested in trustees as such, and
(b)that interest is or, if it is held on trust for sale, the proceeds of its sale are held on trust for any person who occupies as his residence a dwelling-house which forms part of the building [F6or, as the case may be, flat] referred to in section 12(1)(a),
the condition in section 12(1)(c) shall be deemed to be fulfilled and, accordingly, no part of that period shall be disregarded by virtue of paragraph 1 above.
Textual Amendments
F6Words inserted by Housing Act 1980 (c. 51, SIF 61), s. 65(4)(6)
[F72A(1)The tenancy referred to in section 12(1) fails within this paragraph if the interest of the landlord under the tenancy becomes vested in the personal representatives of a deceased person acting in that capacity.E+W
(2)If the tenancy falls within this paragraph, the condition in section 12(1)(c) shall be deemed to be fulfilled tor any period, beginning with the date on which the interest becomes vested in the personal representatives and not exceeding two years, during which the interest of the landlord remains so vested.]
Textual Amendments
F7Sch. 2 para. 2A inserted with saving by Housing Act 1980 (c. 51, SIF 61), s. 65(5)(6)(7)
3E+WThroughout any period which, by virtue of paragraph 1 above, falls to be disregarded for the purpose of determining whether the condition in section 12(1)(c) is fulfilled with respect to a tenancy, no order shall be made for possession of the dwelling-house subject to that tenancy, other than an order which might be made if that tenancy were or, as the case may be, had been a regulated tenancy.
4E+WFor the purposes of section 12, a building is a purpose-built block of flats if as constructed it contained, and it contains, 2 or more flats; and for this purpose “flat” means a dwelling-house which—
(a)forms part only of a building; and
(b)is separated horizontally from another dwelling-house which forms part of the same building.
5E+WFor the purposes of section 12, a person shall be treated as occupying a dwelling-house as his residence if, so far as the nature of the case allows, he fulfills the same conditions as, by virtue of section 2(3) of this Act, are required to be fulfilled by a statutory tenant of a dwelling-house.
6(1)In any case where—E+W
(a)a tenancy which, by virtue only of section 12, was precluded from being a protected tenancy ceases to be so precluded and accordingly becomes a protected tenancy, and
(b)before it became a protected tenancy a rent was registered for the dwelling concerned under Part V of this Act,
the amount which is so registered shall be deemed to be registered under Part IV of this Act as the rent for the dwelling-house which is let on that tenancy, and that registration shall be deemed to take effect on the day the tenancy becomes a protected tenancy.
(2)Section 67(3) of this Act shall not apply to an application for the registration under Part IV of a rent different from that which is deemed to be registered as mentioned in sub-paragraph (1) above.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(4)If, immediately before a tenancy became a protected tenancy as mentioned in sub-paragraph (1)(a) above, the rates in respect of the dwelling-house concerned were borne as mentioned in subsection (3) of section 79 of this Act and the fact that they were so borne was noted as required by that subsection, then, in the application of Part IV in relation to the protected tenancy, section 71(2) of this Act shall be deemed to apply.
Textual Amendments
7E+WIf, in a case where a tenancy becomes a protected tenancy as mentioned in sub-paragraph (1)(a) above—
(a)a notice to quit had been served in respect of the dwelling concerned before the date on which the tenancy became a protected tenancy, and
(b)the period at the end of which that notice to quit takes effect had, before that date, been extended under Part VII of this Act, and
(c)that period has not expired before that date,
the notice to quit shall take effect on the day following that date (whenever it would otherwise take effect) and, accordingly, on that day the protected tenancy shall become a statutory tenancy.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: