Rent Act 1977

138 Effect on furnished sub-tenancy of determination of superior unfurnished tenancy. E+W

(1) If, in a case where section 137(2) of this Act applies, the conditions mentioned in subsection (2) below are fulfilled, the terms on which the sub-tenant is, by virtue of section 137(2), deemed to become the tenant of the landlord shall not include any terms as to the provision by the landlord of furniture or services.

(2) The conditions are:—

(a) that the statutorily protected tenancy which is determined as mentioned in section 137(2) was neither a protected furnished tenancy nor a statutory furnished tenancy; and

(b) that, immediately before the determination of that statutorily protected tenancy, the sub-tenant referred to in section 137(2) was the tenant under a protected furnished tenancy or a statutory furnished tenancy; and

(c) that the landlord, within the period of 6 weeks beginning with the day on which the statutorily protected tenancy referred to in section 137(2) is determined, serves notice on the sub-tenant that this section is to apply to his tenancy or statutory tenancy.

(3) In this section “statutorily protected tenancy” has the [F1 same meaning as it has for the purposes of section 137(2) of this Act.]

Textual Amendments

F1 Words substituted retrospectively by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 51