http://www.legislation.gov.uk/id/ukpga/1988/50

C12 C13 C14 C15 C16 C17 Part I Rented Accommodation

Annotations:

Modifications etc. (not altering text)

C12

Part I (ss. 1–45) modified by S.I. 1990/776, arts. 2(2), 5(2)(b) and excluded by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 242

C13

Part I (ss. 1–45) applied by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8, para. 19(3)

C14

Part I (ss. 1-45) definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167(3), 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

C15

Pt. I (ss. 1-45) definition applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168(3), 225(2), Sch. 19 para. 10 (with ss. 15(6), 179, 222(3), 224(1), Sch. 22 para. 1, Sch. 23 para. 6)

C16

Pt. I (ss. 1-45) restricted (1.11.1993) by 1993 c. 28, s. 59(2)(c)(iii); S.I. 1993/2134, arts. 2, 5

Pt. I (ss. 1-45) excluded (3.3.1997) by 1985 c. 68, s. 348D(5) (as inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2

Pt. I (ss. 1-45) modified (1.10.1996) by 1996 c. 27, s. 30(4)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

C17

Pt. 1 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 33, 270(3); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

chapter I Assured Tenancies

Meaning of assured tenancy etc.

1 Assured tenancies.

1

A tenancy under which a dwelling-house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—

a

the tenant or, as the case may be, each of the joint tenants is an individual; and

b

the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and

c

the tenancy is not one which, by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy.

F1581A

Subsection (1) has effect subject to section 15A (loss of assured tenancy status).

sections 56 to 58 of the Housing Act 1980 (and Schedule 5 to that Act) shall not apply after the commencement of this Act.

5

In any case where—

a

immediately before the commencement of this Act the landlord under a tenancy is a fully mutual housing association, and

b

at the commencement of this Act the tenancy becomes an assured tenancy by virtue of subsection (3) above,

then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), paragraph 12 of Schedule 1 to this Act shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h).

F26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Letting of a dwelling-house together with other land.

1

If, under a tenancy, a dwelling-house is let together with other land, then, for the purposes of this Part of this Act,—

a

if and so long as the main purpose of the letting is the provision of a home for the tenant or, where there are joint tenants, at least one of them, the other land shall be treated as part of the dwelling-house; and

b

if and so long as the main purpose of the letting is not as mentioned in paragraph (a) above, the tenancy shall be treated as not being one under which a dwelling-house is let as a separate dwelling.

2

Nothing in subsection (1) above affects any question whether a tenancy is precluded from being an assured tenancy by virtue of any provision of Schedule 1 to this Act.

3 Tenant sharing accommodation with persons other than landlord.

1

Where a tenant has the exclusive occupation of any accommodation (in this section referred to as “the separate accommodation”) and—

a

the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (in this section referred to as “the shared accommodation”) in common with another person or other persons, not being or including the landlord, and

b

by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a dwelling-house let on an assured tenancy,

the separate accommodation shall be deemed to be a dwelling-house let on an assured tenancy and the following provisions of this section shall have effect.

2

For the avoidance of doubt it is hereby declared that where, for the purpose of determining the rateable value of the separate accommodation, it is necessary to make an apportionment under Part II of Schedule 1 to this Act, regard is to be had to the circumstances mentioned in subsection (1)(a) above.

3

While the tenant is in possession of the separate accommodation, any term of the tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.

4

Where the terms of the tenancy are such that, at any time during the tenancy, the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied or their number could be increased, nothing in subsection (3) above shall prevent those terms from having effect so far as they relate to any such variation or increase.

5

In this section “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is sufficient, apart from this section, to prevent the tenancy from constituting an assured tenancy of a dwelling-house.

4 Certain sublettings not to exclude any part of sub-lessor’s premises from assured tenancy.

1

Where the tenant of a dwelling-house has sub-let a part but not the whole of the dwelling-house, then, as against his landlord or any superior landlord, no part of the dwelling-house shall be treated as excluded from being a dwelling-house let on an assured tenancy by reason only that the terms on which any person claiming under the tenant holds any part of the dwelling-house include the use of accommodation in common with other persons.

2

Nothing in this section affects the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons.

Security of tenure

5 Security of tenure.

F31

An assured tenancy cannot be brought to an end by the landlord except by—

under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;

d

under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and

e

under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

4

The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy.

5

If, on or before the date on which a tenancy is entered into or is deemed to have been granted as mentioned in subsection (3)(b) above, the person who is to be the tenant under that tenancy—

a

enters into an obligation to do any act which (apart from this subsection) will cause the tenancy to come to an end at a time when it is an assured tenancy, or

b

executes, signs or gives any surrender, notice to quit or other document which (apart from this subsection) has the effect of bringing the tenancy to an end at a time when it is an assured tenancy,

the obligation referred to in paragraph (a) above shall not be enforceable or, as the case may be, the surrender, notice to quit or other document referred to in paragraph (b) above shall be of no effect.

F55A

Nothing in subsection (5) affects any right of pre-emption—

a

which is exercisable by the landlord under a tenancy in circumstances where the tenant indicates his intention to dispose of the whole of his interest under the tenancy, and

b

in pursuance of which the landlord would be required to pay, in respect of the acquisition of that interest, an amount representing its market value.

“ Dispose ” means dispose by assignment or surrender, and “ acquisition ” has a corresponding meaning.

6

If, by virtue of any provision of this Part of this Act, Part I of Schedule 1 to this Act has effect in relation to a fixed term tenancy as if it consisted only of paragraphs 11 and 12, that Part shall have the like effect in relation to any periodic tenancy which arises by virtue of this section on the coming to an end of the fixed term tenancy.

7

Any reference in this Part of this Act to a statutory periodic tenancy is a reference to a periodic tenancy arising by virtue of this section.

6 Fixing of terms of statutory periodic tenancy.

1

In this section, in relation to a statutory periodic tenancy,—

a

“the former tenancy” means the fixed term tenancy on the coming to an end of which the statutory periodic tenancy arises; and

b

b

the amount of the rent under the statutory periodic tenancy shall be altered to accord with any adjustment specified by the F115appropriate tribunal;

but for the purposes of paragraph (b) above the F115appropriate tribunal shall not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice referred to them.

8

Nothing in this section requires F116the appropriate tribunal to continue with a determination under subsection (4) above if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.

1

The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act; but nothing in this Part of this Act relates to proceedings for possession of such a dwelling-house which are brought by a mortgagee, within the meaning of the M2Law of Property Act 1925, who has lent money on the security of the assured tenancy.

2

The following provisions of this section have effect, subject to section 8 below, in relation to proceedings for the recovery of possession of a dwelling-house let on an assured tenancy.

3

If the court is satisfied that any of the grounds in Part I of Schedule 2 to this Act is established then, subject to F6subsections (5A) and (6) below F171(and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998), the court shall make an order for possession.

4

If the court is satisfied that any of the grounds in Part II of Schedule 2 to this Act is established, then, subject to F7subsections (5A) and (6) below, the court may make an order for possession if it considers it reasonable to do so.

5

Part III of Schedule 2 to this Act shall have effect for supplementing Ground 9 in that Schedule and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule.

F85A

The court shall not make an order for possession of a dwellinghouse let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 on any of the following grounds, that is to say,—

a

Grounds 1, 2 F172, 5 and 7A in Part I of Schedule 2 to this Act;

b

Ground 16 in Part II of that Schedule; and

c

if the assured periodic tenancy arose on the termination of a former 1954 Act tenancy, within the meaning of the said Schedule 10, Ground 6 in Part I of Schedule 2 to this Act.

6

The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—

a

the ground for possession is Ground 2F173, Ground 7A or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and

b

the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).

F956A

In the case of a dwelling-house in England, subsection (6)(a) has effect as if it also referred to Ground 7 in Part 1 of Schedule 2 to this Act.

7

Subject to the preceding provisions of this section, the court may make an order for possession of a dwelling-house on grounds relating to a fixed term tenancy which has come to an end; and where an order is made in such circumstances, any statutory periodic tenancy which has arisen on the ending of the fixed term tenancy shall end (without any notice and regardless of the period) F9in accordance with section 5(1A).

A notice under this subsection shall—

a

state that proceedings for the possession of the dwelling-house have begun,

b

specify the ground or grounds on which possession is being sought, and

c

give particulars of the ground or grounds.

9 Extended discretion of court in possession claims.

1

Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a dwelling-house let on an assured tenancy.

2

On the making of an order for possession of a dwelling-house let on an assured tenancy or at any time before the execution of such an order, the court, subject to subsection (6) below, may—

a

stay or suspend execution of the order, or

b

postpone the date of possession,

for such period or periods as the court thinks just.

3

On any such adjournment as is referred to in subsection (1) above or on any such stay, suspension or postponement as is referred to in subsection (2) above, the court, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent F14. . . and may impose such other conditions as it thinks fit.

4

4

No order shall be made under subsection (3) above so as to effect any termination or modification of the rights of the tenant which, apart from section 3(3) above, could not be effected by or under the terms of the tenancy.

that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit.

F21 3A

In making a determination under this section in any case where under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a hereditament ( “the relevant hereditament”) of which the dwelling-house forms part, the F120appropriate tribunal shall have regard to the amount of council tax which, as at the date on which the notice under section 13(2) above was served, was set by the billing authority—

a

for the financial year in which that notice was served, and

b

for the category of dwellings within which the relevant hereditament fell on that date,

but any discount or other reduction affecting the amount of council tax payable shall be disregarded.

3B

In subsection (3A) above—

a

“hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,

b

“billing authority” has the same meaning as in that Part of that Act, and

c

“category of dwellings” has the same meaning as in section 30(1) and (2) of that Act.

C54

In this section “rent” does not include any service charge, within the meaning of section 18 of the M3Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture F22, in respect of council tax or for any of the matters referred to in subsection (1)(a) of that section, whether or not those sums are separate from the sums payable for the occupation of the dwelling-house concerned or are payable under separate agreements.

C55

Where any rates in respect of the dwelling-house concerned are borne by the landlord or a superior landlord, the F121appropriate tribunal shall make their determination under this section as if the rates were not so borne.

6

In any case where—

a

F122the appropriate tribunal have before them at the same time the reference of a notice under section 6(2) above relating to a tenancy (in this subsection referred to as “the section 6 reference”) and the reference of a notice under section 13(2) above relating to the same tenancy (in this subsection referred to as “the section 13 reference”), and

b

the date specified in the notice under section 6(2) above is not later than the first day of the new period specified in the notice under section 13(2) above, and

c

the F123appropriate tribunal propose to hear the two references together,

the F123appropriate tribunal shall make a determination in relation to the section 6 reference before making their determination in relation to the section 13 reference and, accordingly, in such a case the reference in subsection(1)(c) above to the terms of the tenancy to which the notice relates shall be construed as a reference to those terms as varied by virtue of the determination made in relation to the section 6 reference.

7

Where a notice under section 13(2) above has been referred to F124the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, the rent determined by F125the appropriate tribunal (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the new period specified in the notice or, if it appears to F126the appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent is determined) as F125the appropriate tribunal may direct.

8

Nothing in this section requires F127the appropriate tribunal to continue with their determination of a rent for a dwelling-house if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.

F239

This section shall apply in relation to an assured shorthold tenancy as if in subsection (1) the reference to an assured tenancy were a reference to an assured shorthold tenancy.

14AF24 Interim increase before 1st April 1994 of rent under assured periodic tenancies in certain cases where landlord liable for council tax

1

In any case where—

a

under Part I of the Local Government Finance Act 1992 the landlord of a dwelling-house let under an assured tenancy to which section 13 above applies or a superior landlord is liable to pay council tax in respect of a dwelling (within the meaning of that Part of that Act) which includes that dwelling-house,

b

under the terms of the tenancy (or an agreement collateral to the tenancy) the tenant is liable to make payments to the landlord in respect of council tax,

c

the case falls within subsection (2) or subsection (3) below, and

d

no previous notice under this subsection has been served in relation to the dwelling-house,

the landlord may serve on the tenant a notice in the prescribed form proposing an increased rent to take account of the tenant’s liability to make payments to the landlord in respect of council tax, such increased rent to take effect at the beginning of a new period of the tenancy specified in the notice being a period beginning not earlier than one month after the date on which the notice was served.

2

The case falls within this subsection if—

a

the rent under the tenancy has previously been increased by virtue of a notice under section 13(2) above or a determination under section 14 above, and

b

the first anniversary of the date on which the increased rent took effect has not yet occurred.

3

The case falls within this subsection if a notice has been served under section 13(2) above before 1st April 1993 but no increased rent has taken effect before that date.

4

No notice may be served under subsection (1) above after 31st March 1994.

5

Where a notice is served under subsection (1) above, the new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice—

a

the tenant by an application in the prescribed form refers the notice to F128the appropriate tribunal, or

b

the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.

6

Nothing in this section (or in section 14B below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).

F2514B Interim determination of rent by F107the appropriate tribunal

1

Where, under subsection (5)(a) of section 14A above, a tenant refers to F129the appropriate tribunal a notice under subsection (1) of that section, the F130appropriate tribunal shall determine the amount by which, having regard to the provisions of section 14(3A) above, the existing rent might reasonably be increased to take account of the tenant’s liability to make payments to the landlord in respect of council tax.

2

Where a notice under section 14A(1) above has been referred to F131the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, the existing rent shall be increased by the amount determined by the F132appropriate tribunal with effect from the beginning of the new period specified in the notice or, if it appears to the F132appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the increase is determined) as the F132appropriate tribunal may direct.

3

In any case where—

a

F133the appropriate tribunal have before them at the same time the reference of a notice under section 13(2) above relating to a tenancy (in this subsection referred to as “the section 13 reference”) and the reference of a notice under section 14A(1) above relating to the same tenancy (in this subsection referred to as “the section 14A reference”); and

b

the F134appropriate tribunal propose to hear the two references together,

the F134appropriate tribunal shall make a determination in relation to the section 13 reference before making their determination in relation to the section 14A reference, and if in such a case the date specified in the notice under section 13(2) above is later than the date specified in the notice under section 14A(1) above, the rent determined under the section 14A reference shall not take effect until the date specified in the notice under section 13(2).

4

In this section “rent” has the same meaning as in section 14 above; and section 14(4) above applies to a determination under this section as it applies to a determination under that section.

F97c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, on the death, the tenancy vests by virtue of this section in the spouse F27or civil partner (and, accordingly, does not devolve under the tenant’s will or intestacy).

F981A

Subject to subsection (1D), in any case where—

immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

d

an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

e

b

under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.

18 Provisions as to reversions on assured tenancies.

C71

If at any time—

a

a dwelling-house is for the time being lawfully let on an assured tenancy, and

b

the landlord under the assured tenancy is himself a tenant under a superior tenancy; and

c

the superior tenancy comes to an end,

then, subject to subsection (2) below, the assured tenancy shall continue in existence as a tenancy held of the person whose interest would, apart from the continuance of the assured tenancy, entitle him to actual possession of the dwelling-house at that time.

2

Subsection (1) above does not apply to an assured tenancy if the interest which, by virtue of that subsection, would become that of the landlord, is such that, by virtue of Schedule 1 to this Act, the tenancy could not be an assured tenancy.

3

Where, by virtue of any provision of this Part of this Act, an assured tenancy which is a periodic tenancy (including a statutory periodic tenancy) continues beyond the beginning of a reversionary tenancy which was granted (whether before, on or after the commencement of this Act) so as to begin on or after—

a

the date on which the previous contractual assured tenancy came to an end, or

b

a date on which, apart from any provision of this Part, the periodic tenancy could have been brought to an end by the landlord by notice to quit,

the reversionary tenancy shall have effect as if it had been granted subject to the periodic tenancy.

4

The reference in subsection (3) above to the previous contractual assured tenancy applies only where the periodic tenancy referred to in that subsection is a statutory periodic tenancy and is a reference to the fixed-term tenancy which immediately preceded the statutory periodic tenancy.

F16019 Restriction on levy of distress for rent.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

chapter II Assured Shorthold Tenancies

19AF30 Assured shorthold tenancies: post-Housing Act 1996 tenancies.

An assured tenancy which—

a

is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force (otherwise than pursuant to a contract made before that day), or

b

comes into being by virtue of section 5 above on the coming to an end of an assured tenancy within paragraph (a) above,

is an assured shorthold tenancy unless it falls within any paragraph in Schedule 2A to this Act.

the new tenancy is granted by the person who, immediately before the beginning of the tenancy, was the landlord under the assured tenancy referred to in paragraph (a) above,

the new tenancy cannot be an assured shorthold tenancy.

4

Subject to subsection (5) below, if, on the coming to an end of an assured shorthold tenancy (including a tenancy which was an assured shorthold but ceased to be assured before it came to an end), a new tenancy of the same or substantially the same premises comes into being under which the landlord and the tenant are the same as at the coming to an end of the earlier tenancy, then, if and so long as the new tenancy is an assured tenancy, it shall be an assured shorthold tenancy, whether or not it fulfils the conditions in paragraphs (a) to (c) of subsection (1) above.

5

Subsection (4) above does not apply if, before the new tenancy is entered into (or, in the case of a statutory periodic tenancy, takes effect in possession), the landlord serves notice on the tenant that the new tenancy is not to be a shorthold tenancy.

F325A

Subsections (3) and (4) above do not apply where the new tenancy is one to which section 19A above applies

6

In the case of joint landlords—

a

the reference in subsection (2)(c) above to the person who is to be the landlord is a reference to at least one of the persons who are to be joint landlords; and

b

the reference in subsection (5) above to the landlord is a reference to at least one of the joint landlords.

F337

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

At the end of the period of one year starting with the day when the demotion order takes effect a demoted assured shorthold tenancy ceases to be an assured shorthold tenancy unless subsection (3) appliesF101, but see section 20C.

3

This subsection applies if before the end of the period mentioned in subsection (2) the landlord gives notice of proceedings for possession of the dwelling house.

4

If subsection (3) applies the tenancy continues to be a demoted assured shorthold tenancy until the end of the period mentioned in subsection (2) or (if later) until one of the following occurs—

a

the notice of proceedings for possession is withdrawn;

b

the proceedings are determined in favour of the tenant;

c

the period of six months beginning with the date on which the notice is given ends and no proceedings for possession have been brought.

5

Registered social landlord has the same meaning as in Part 1 of the Housing Act 1996.

the length of its term is that specified in the notice under subsection (3), and

b

its other express terms are those set out in the notice.

20DF94Assured shorthold tenancies following family intervention tenancies

1

An assured tenancy that arises by virtue of a notice under paragraph 12ZA(2) of Schedule 1 in respect of a family intervention tenancy is an assured shorthold tenancy if—

a

the landlord under the assured tenancy is a private registered provider of social housing,

b

the dwelling-house is in England,

c

the family intervention tenancy was granted to a person on the coming to an end of an assured shorthold tenancy under which the person was a tenant, and

d

the notice states that the family intervention tenancy is to be regarded as an assured shorthold tenancy.

2

This section does not apply if the family intervention tenancy was granted before the coming into force of section 163(3) of the Localism Act 2011.

the fact that it so ceases to be an assured shorthold tenancy shall, in relation to that application, be disregarded for the purposes of this section.

F466

In subsection (2)(aa) above, the references to the original tenancy and to a replacement tenancy shall be construed in accordance with subsections (6) and (7) respectively of section 21 above.

23 Termination of F143tribunal’s functions.

1

If the Secretary of State by order made by statutory instrument so provides, section 22 above shall not apply in such cases or to tenancies of dwelling-houses in such areas or in such other circumstances as may be specified in the order.

2

An order under this section may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable.

3

No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

C8chapter III Assured Agricultural Occupancies

Annotations:

Modifications etc. (not altering text)

Pt. I Chapter III modified (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(5)(6)(with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (with art. 4)

Section 14 above shall apply in relation to an assured agricultural occupancy as if in subsection (1) of that section the reference to an assured tenancy were a reference to an assured agricultural occupancy.

25 Security of tenure.

that, where the liability would otherwise arise by virtue only of the doing of acts or the withdrawal or withholding of services, he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.

9

In this section—

a

“residential occupier”, in relation to any premises, has the same meaning as in section 1 of the 1977 Act;

b

“the right to occupy”, in relation to a residential occupier, includes any restriction on the right of another person to recover possession of the premises in question;

c

“landlord”, in relation to a residential occupier, means the person who, but for the occupier’s right to occupy, would be entitled to occupation of the premises and any superior landlord under whom that person derives title;

d

“former residential occupier”, in relation to any premises, means the person who was the residential occupier until he was deprived of or gave up his occupation as mentioned in subsection (1) or subsection (2) above (and, in relation to a former residential occupier, “the right to occupy” and “landlord” shall be construed accordingly).

development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted; or

b

a change of use resulting in the building referred to in subsection (2) above or any part of it being used as, or as part of, one or more dwelling-houses;

and in this subsection “general development order”F52has the meaning given in section 56(6) of the Town and Country Planning Act 1990 and other expressions have the same meaning as in that Act.

29 Offences of harassment.

1

In section 1 of the 1977 Act (unlawful eviction and harassment of occupier), with respect to acts done after the commencement of this Act, subsection (3) shall have effect with the substitution, for the word “calculated”, of the word “likely”.

2

After that subsection there shall be inserted the following subsections—

3A
Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—
a
he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or
b
he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,
and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.
3B
A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.
3C
In subsection (3A) above “landlord”, in relation to a residential occupier of any premises, means the person who, but for—
a
the residential occupier’s right to remain in occupation of the premises, or
b
a restriction on the person’s right to recover possession of the premises,
would be entitled to occupation of the premises and any superior landlord under whom that person derives title.

30 Variation of scope of 1977 ss. 3 and 4.

1

In section 3 of the 1977 Act (prohibition of eviction without due process of law), in subsection (1) for the words “not a statutorily protected tenancy” there shall be substituted “neither a statutorily protected tenancy nor an excluded tenancy”.

2

After subsection (2A) of that section there shall be inserted the following subsections—

2B
Subsections (1) and (2) above apply in relation to any premises occupied as a dwelling under a licence, other than an excluded licence, as they apply in relation to premises let as a dwelling under a tenancy, and in those subsections the expressions “let” and “tenancy” shall be construed accordingly.
2C
References in the preceding provisions of this section and section 4(2A) below to an excluded tenancy do not apply to—
a
a tenancy entered into before the date on which the Housing Act 1988 came into force, or
b
a tenancy entered into on or after that date but pursuant to a contract made before that date,but, subject to that, “excluded tenancy” and “excluded licence” shall be construed in accordance with section 3A below.

3

In section 4 of the 1977 Act (special provisions for agricultural employees) after subsection (2) there shall be inserted the following subsection—

2A
In accordance with section 3(2B) above, any reference in subsections (1) and (2) above to the tenant under the former tenancy includes a reference to the licensee under a licence (other than an excluded licence) which has come to an end (being a licence to occupy premises as a dwelling); and in the following provisions of this section the expressions “tenancy” and “rent” and any other expressions referable to a tenancy shall be construed accordingly.

31 Excluded tenancies and licences.

After section 3 of the 1977 Act there shall be inserted the following section—

3A Excluded tenancies and licences.
1
Any reference in this Act to an excluded tenancy or an excluded licence is a reference to a tenancy or licence which is excluded by virtue of any of the following provisions of this section.
2
A tenancy or licence is excluded if—
a
under its terms the occupier shares any accommodation with the landlord or licensor; and
b
immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part.
3
A tenancy or licence is also excluded if—
a
under its terms the occupier shares any accommodation with a member of the family of the landlord or licensor;
b
immediately before the tenancy or licence was granted and also at the time it comes to an end, the member of the family of the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part; and
c
immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises in the same building as the shared accommodation and that building is not a purpose-built block of flats.
4
For the purposes of subsections (2) and (3) above, an occupier shares accommodation with another person if he has the use of it in common with that person (whether or not also in common with others) and any reference in those subsections to shared accommodation shall be construed accordingly, and if, in relation to any tenancy or licence, there is at any time more than one person who is the landlord or licensor, any reference in those subsections to the landlord or licensor shall be construed as a reference to any one of those persons.
5
In subsections (2) to (4) above—
a
“accommodation” includes neither an area used for storage nor a staircase, passage, corridor or other means of access;
b
“occupier” means, in relation to a tenancy, the tenant and, in relation to a licence, the licensee; and
c
“purpose-built block of flats” has the same meaning as in Part III of Schedule 1 to the Housing Act 1988;
and section 113 of the Housing Act 1985 shall apply to determine whether a person is for the purposes of subsection (3) above a member of another’s family as it applies for the purposes of Part IV of that Act.
6
A tenancy or licence is excluded if it was granted as a temporary expedient to a person who entered the premises in question or any other premises as a trespasser (whether or not, before the beginning of that tenancy or licence, another tenancy or licence to occupy the premises or any other premises had been granted to him).
7
A tenancy or licence is excluded if—
a
it confers on the tenant or licensee the right to occupy the premises for a holiday only; or
b
it is granted otherwise than for money or money’s worth.
8
A licence is excluded if it confers rights of occupation in a hostel, within the meaning of the Housing Act 1985, which is provided by—
a
the council of a county, district or London Borough, the Common Council of the City of London, the Council of the Isles of Scilly, the Inner London Education Authority, a joint authority within the meaning of the Local Government Act 1985 or a residuary body within the meaning of that Act;
b
a development corporation within the meaning of the New Towns Act 1981;
c
the Commission for the New Towns;
d
an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980;
e
a housing action trust established under Part III of the Housing Act 1988;
f
the Development Board for Rural Wales;
g
the Housing Corporation or Housing for Wales;
h
a housing trust which is a charity or a registered housing association, within the meaning of the Housing Associations Act 1985; or
i
any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State.
9
The power to make an order under subsection (8)(i) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

32 Notice to quit etc.

1

In section 5 of the 1977 Act (validity of notices to quit) at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1B) below”.

2

After subsection (1) of that section there shall be inserted the following subsections—

1A
Subject to subsection (1B) below, no notice by a licensor or a licensee to determine a periodic licence to occupy premises as a dwelling (whether the licence was granted before or after the passing of this Act) shall be valid unless—
a
it is in writing and contains such information as may be prescribed, and
b
it is given not less than 4 weeks before the date on which it is to take effect.
1B
Nothing in subsection (1) or subsection (1A) above applies to—
a
premises let on an excluded tenancy which is entered into on or after the date on which the Housing Act 1988 came into force unless it is entered into pursuant to a contract made before that date; or
b
premises occupied under an excluded licence.

33 Interpretation of Chapter IV and the 1977 Act.

1

In this Chapter “the 1977 Act” means the M7Protection from Eviction Act 1977.

2

In section 8 of the 1977 Act (interpretation) at the end of subsection (1) (statutory protected tenancy) there shall be inserted—

e
an assured tenancy or assured agricultural occupancy under Part I of the Housing Act 1988.

3

At the end of that section there shall be added the following subsections—

4
In this Act “excluded tenancy” and “excluded licence” have the meaning assigned by section 3A of this Act.
5
If, on or after the date on which the Housing Act 1988 came into force, the terms of an excluded tenancy or excluded licence entered into before that date are varied, then—
a
if the variation affects the amount of the rent which is payable under the tenancy or licence, the tenancy or licence shall be treated for the purposes of sections 3(2C) and 5(1B) above as a new tenancy or licence entered into at the time of the variation; and
b
if the variation does not affect the amount of the rent which is so payable, nothing in this Act shall affect the determination of the question whether the variation is such as to give rise to a new tenancy or licence.
6
Any reference in subsection (5) above to a variation affecting the amount of the rent which is payable under a tenancy or licence does not include a reference to—
a
a reduction or increase effected under Part III or Part VI of the Rent Act 1977 (rents under regulated tenancies and housing association tenancies), section 78 of that Act (power of rent tribunal in relation to restricted contracts) or sections 11 to 14 of the Rent (Agriculture) Act 1976; or
b
a variation which is made by the parties and has the effect of making the rent expressed to be payable under the tenancy or licence the same as a rent for the dwelling which is entered in the register under Part IV or section 79 of the Rent Act 1977.

Chapter V Phasing out of Rent Acts and other Transitional Provisions

34 New protected tenancies and agricultural occupancies restricted to special cases.

1

A tenancy which is entered into on or after the commencement of this Act cannot be a protected tenancy, unless—

a

it is entered into in pursuance of a contract made before the commencement of this Act; or

b

it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a protected or statutory tenant and is so granted by the person who at that time was the landlord (or one of the joint landlords) under the protected or statutory tenancy; or

c

it is granted to a person (alone or jointly with others) in the following circumstances—

i

prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in section 98(1)(a) of, or Case 1 in Schedule 16 to, the M8Rent Act 1977 or Case 1 in Schedule 4 to the M9Rent (Agriculture) Act 1976 (suitable alternative accommodation available); and

ii

the tenancy is of the premises which constitute the suitable alternative accommodation as to which the court was so satisfied; and

Except as provided in subsection (4) above, expressions used in this section have the same meaning as in the M11Rent Act 1977.

35 Removal of special regimes for tenancies of housing associations etc.

1

In this section “housing association tenancy” has the same meaning as in Part VI of the Rent Act 1977.

2

A tenancy which is entered into on or after the commencement of this Act cannot be a housing association tenancy unless—

a

it is entered into in pursuance of a contract made before the commencement of this Act; or

b

it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a tenant under a housing association tenancy and is so granted by the person who at that time was the landlord under that housing association tenancy; or

c

it is granted to a person (alone or jointly with others) in the following circumstances—

i

prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the M12Housing Act 1985; and

ii

the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and

iii

in the proceedings for possession the court directed that the tenancy would be a housing association tenancy; or

F56d

it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by F57the Commission for the New Towns or a development corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981

3

Where, on or after the commencement of this Act, F87a private registered provider of social housing or a F58registered social lanlord, within the meaning of the Housing Act 1985 (see section 5(4) and (5) of the Act), grants a secure tenancy pursuant to an obligation under section 554(2A) of the M13Housing Act 1985 (as set out in Schedule 17 to this Act) then, in determining whether that tenancy is a housing association tenancy, it shall be assumed for the purposes only of section 86(2)(b) of the M14Rent Act 1977 (tenancy would be a protected tenancy but for section 15 or 16 of that Act) that the tenancy was granted before the commencement of this Act.

4

F59Subject to section 38(4A) below a tenancy or licence which is entered into on or after the commencement of this Act cannot be a secure tenancy unless—

a

the interest of the landlord belongs to a local authority, a F60development corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 F61or a housing action trust established under Part III of this Act; or

F90aa

the interest of the landlord belongs to a Mayoral development corporation; or

b

the interest of the landlord belongs to a housing co-operative within the meaning of section 27B of the Housing Act 1985 (agreements between local housing authorities and housing co-operatives) and the tenancy or licence is of a dwelling-house comprised in a housing co-operative agreement falling within that section; or

F62ba

the interest of the landlord belongs to the Homes and Communities AgencyF103, the Greater London Authority or the Welsh Ministers and the tenancy or licence falls within section 80(2A) to (2E) of the Housing Act 1985; or

c

it is entered into in pursuance of a contract made before the commencement of this Act; or

d

it is granted to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant and is so granted by the body which at that time was the landlord or licensor under the secure tenancy; or

e

it is granted to a person (alone or jointly with others) in the following circumstances—

i

prior to the grant of the tenancy or licence, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the Housing Act 1985; and

ii

the tenancy or licence is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and

iii

f

it is granted pursuant to an obligation under section 554(2A) of the Housing Act 1985 (as set out in Schedule 17 to this Act).

C95

If, on or after the commencement of this Act, the interest of the landlord under a protected or statutory tenancy becomes held by a housing association, a housing trust F63F88or the Regulator of Social HousingF64or, where that interest becomes held by him as the result of the exercise by him of functions under Part III of the Housing Association Act 1985, the Secretary of State, nothing in the preceding provisions of this section shall prevent the tenancy from being a housing association tenancy or a secure tenancy and, accordingly, in such a case section 80 of the Housing Act 1985 (and any enactment which refers to that section) shall have effect without regard to the repeal of provisions of that section effected by this Act.

6

In subsection (5) above “housing association” and “housing trust” have the same meaning as in the M15Housing Act 1985.

36 New restricted contracts limited to transitional cases.

1

A tenancy or other contract entered into after the commencement of this Act cannot be a restricted contract for the purposes of the Rent Act 1977 unless it is entered into in pursuance of a contract made before the commencement of this Act.

2

If the terms of a restricted contract are varied after this Act comes into force then, subject to subsection (3) below,—

a

if the variation affects the amount of the rent which, under the contract, is payable for the dwelling in question, the contract shall be treated as a new contract entered into at the time of the variation (and subsection (1) above shall have effect accordingly); and

b

if the variation does not affect the amount of the rent which, under the contract, is so payable, nothing in this section shall affect the determination of the question whether the variation is such as to give rise to a new contract.

3

the contract shall have effect as a contract for the grant of an assured tenancy (within the meaning of this Act).

5

In relation to an assured tenancy falling within subsection (3) above or granted pursuant to a contract falling within subsection (4) above, Part I of Schedule 1 to this Act shall have effect as if it consisted only of paragraphs 11 and 12; and, if the landlord granting the tenancy is a fully mutual housing association, then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), the said paragraph 12 shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h).

6

Any reference in this section to a provision of the Landlord and Tenant Act 1954 is a reference only to that provision as applied by section 58 of the M19Housing Act 1980.

1

In section 2(1)(b) of the Rent Act 1977 (which introduces the provisions of Part I of Schedule 1 to that Act relating to statutory tenants by succession) after the words “statutory tenant of a dwelling-house” there shall be inserted “or, as the case may be, is entitled to an assured tenancy of a dwelling-house by succession”.

2

Where the person who is the original tenant, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in Part I of Schedule 4 to this Act.

3

Where subsection (2) above does not apply but the person who is the first successor, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in paragraphs 5 to 9 of Part I of Schedule 4 to this Act.

4

In any case where the original occupier, within the meaning of section 4 of the Rent (Agriculture) Act 1976 (statutory tenants and tenancies) dies after the commencement of this Act, that section shall have effect subject to the amendments in Part II of Schedule 4 to this Act.

5

In any case where, by virtue of any provision of—

a

Part I of Schedule 1 to the M23Rent Act 1977, as amended in accordance with subsection (2) or subsection (3) above, or

b

section 4 of the M24Rent (Agriculture) Act 1976, as amended in accordance with subsection (4) above,

a person (in the following provisions of this section referred to as “the successor”) becomes entitled to an assured tenancy of a dwelling-house by succession, that tenancy shall be a periodic tenancy arising by virtue of this section.

6

Where, by virtue of subsection (5) above, the successor becomes entitled to an assured periodic tenancy, that tenancy is one—

a

taking effect in possession immediately after the death of the protected or statutory tenant or protected occupier (in the following provisions of this section referred to as “the predecessor”) on whose death the successor became so entitled;

b

deemed to have been granted to the successor by the person who, immediately before the death of the predecessor, was the landlord of the predecessor under his tenancy;

c

under which the premises which are let are the same dwelling-house as, immediately before his death, the predecessor occupied under his tenancy;

d

under which the periods of the tenancy are the same as those for which rent was last payable by the predecessor under his tenancy;

e

under which, subject to sections 13 to 15 above, the other terms are the same as those on which, under his tenancy, the predecessor occupied the dwelling-house immediately before his death; and

f

which, for the purposes of section 13(2) above, is treated as a statutory periodic tenancy;

and in paragraphs (b) to (e) above “under his tenancy”, in relation to the predecessor, means under his protected tenancy or protected occupancy or in his capacity as a statutory tenant.

7

If, immediately before the death of the predecessor, the landlord might have recovered possession of the dwelling-house under Case 19 in Schedule 15 to the Rent Act 1977, the assured periodic tenancy to which the successor becomes entitled shall be an assured shorthold tenancy (whether or not F79, in the case of a tenancy to which the provision applies it fulfils the conditions in section 20(1) above).

8

If, immediately before his death, the predecessor was a protected occupier or statutory tenant within the meaning of the Rent (Agriculture) Act 1976, the assured periodic tenancy to which the successor becomes entitled shall be an assured agricultural occupancy (whether or not it fulfils the conditions in section 24(1) above).

9

Where, immediately before his death, the predecessor was a tenant under a fixed term tenancy, section 6 above shall apply in relation to the assured periodic tenancy to which the successor becomes entitled on the predecessor’s death subject to the following modifications—

a

for any reference to a statutory periodic tenancy there shall be substituted a reference to the assured periodic tenancy to which the successor becomes so entitled;

b

in subsection (1) of that section, paragraph (a) shall be omitted and the reference in paragraph (b) to section 5(3)(e) above shall be construed as a reference to subsection (6)(e) above; and

c

for any reference to the coming to an end of the former tenancy there shall be substituted a reference to the date of the predecessor’s death.

10

If and so long as a dwelling-house is subject to an assured tenancy to which the successor has become entitled by succession, section 7 above and Schedule 2 to this Act shall have effect subject to the modifications in Part III of Schedule 4 to this Act; and in that Part “the predecessor” and “the successor” have the same meaning as in this section.

Chapter VI General Provisions

C1040 Jurisdiction of county courts.

1

F162The county court shall have jurisdiction to hear and determine any question arising under any provision of—

a

Chapters I to III and V above, or

b

sections 27 and 28 above,

other than a question falling within the jurisdiction of F145the appropriate tribunal by virtue of any such provision.

F802

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Where any proceedings under any provision mentioned in subsection (1) above are being taken in F163the county court, the court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that, apart from this subsection, those other proceedings would be outside the court’s jurisdiction.

F814

If any person takes any proceedings under any provision mentioned in subsection (1) above in the High Court, he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in F164the county court: and in such a case the taxing master shall have the same power of directing on what county court scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in F164the county court.

5

Subsection (4) above shall not apply where the purpose of taking the proceedings in the High Court was to enable them to be joined with any proceedings already pending before that court (not being proceedings taken under any provision mentioned in subsection (1) above).

41 Rent assessment committees: procedure and information powers.

F821

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C112

The rent assessment committee to whom a matter is referred under Chapter I or Chapter II above may by notice in the prescribed form served on the landlord or the tenant require him to give to the committee, within such period of not less than fourteen days from the service of the notice as may be specified in the notice, such information as they may reasonably require for the purposes of their functions.

C113

If any person fails without reasonable excuse to comply with a notice served on him under subsection (2) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

C114

Where an offence under subsection (3) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

41AF83 Amounts attributable to services.

In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992F105 or to assist the Secretary of State in the administration of universal credit, where a rent is determined under section 14 or 22 above, the F146appropriate tribunal shall note in their determination the amount (if any) of the rent which, in the opinion of the F147tribunal, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amount so noted may be included in the information specified in an order under section 42 F148or 42A below.

41BF84 Provision of information as to exemption from council tax

A billing authority within the meaning of Part I of the Local Government Finance Act 1992 shall, if so requested in writing by a rent officer or F149the appropriate tribunal in connection with his or their functions under any enactment, inform the rent officer or F149the appropriate tribunal in writing whether or not a particular dwelling (within the meaning of Part I of the Local Government Finance Act 1992) is, or was at any time specified in the request, an exempt dwelling for the purposes of that Part of that Act.

42 Information as to determinations of rents F150in Wales.

1

The President of F151the rent assessment panel shall keep and make publicly available, in such manner as is specified in an order made by the F152Welsh Ministers, such information as may be so specified with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by, rent assessment committees F153in areas in Wales.

2

A copy of any information certified under the hand of an officer duly authorised by the President of the rent assessment panel F154... shall be receivable in evidence in any court and in any proceedings.

3

An order under subsection (1) above—

a

may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue of that subsection; and

b

may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

4

The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of F155the National Assembly for Wales.

42AF108Information as to determination of rents in England

1

The Chamber President of the Property Chamber of the First-tier Tribunal shall keep and make publicly available, in such manner as may be specified in an order made by the Lord Chancellor, such information as may be specified in an order made by the Secretary of State with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by—

a

rent assessment committees in England,

b

the First-tier Tribunal, or

c

the Upper Tribunal.

2

A copy of any information certified by a member of staff appointed by the Lord Chancellor and duly authorised by the Chamber President shall be receivable in evidence in any court and in any proceedings.

3

An order made by the Lord Chancellor under subsection (1) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue that subsection.

4

The power to make an order under subsection (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

43 Powers of local authorities for purposes of giving information.

In section 149 of the M25Rent Act 1977 (which, among other matters, authorises local authorities to publish information for the benefit of landlords and tenants with respect to their rights and duties under certain enactments), in subsection (1)(a) after sub-paragraph (iv) there shall be inserted—

v
Chapters I to III of Part I of the Housing Act 1988

44 Application to Crown Property.

1

Subject to paragraph 11 of Schedule 1 to this Act and subsection (2) below, Chapters I to IV above apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as they apply in relation to premises in relation to which no such interest subsists or ever subsisted.

2

In Chapter IV above—

a

sections 27 and 28 do not bind the Crown; and

b

the remainder binds the Crown to the extent provided for in section 10 of the M26Protection from Eviction Act 1977.

3

In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.

4

Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of Chapters I to IV above, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.

45 Interpretation of Part I.

1

In this Part of this Act, except where the context otherwise requires,—

F156“appropriate tribunal” means—
1. a
  in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal;
2. b
  in relation to a dwelling-house in Wales, a rent assessment committee;
“dwelling-house” may be a house or part of a house;
“fixed term tenancy” means any tenancy other than a periodic tenancy;
“fully mutual housing association” has the same meaning as in Part I of the M27Housing Associations Act 1985;
“landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to a dwelling-house, any person other than a tenant who is, or but for the existence of an assured tenancy would be, entitled to possession of the dwelling-house;
“let” includes “sub-let”;
“prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument;
“rates” includes water rates and charges but does not include an owner’s drainage rate, as defined in section 63(2)(a) of the M28Land Drainage Act 1976;
“secure tenancy” has the meaning assigned by section 79 of the M29Housing Act 1985;
“statutory periodic tenancy” has the meaning assigned by section 5(7) above;
“tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy; and
“tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.

2

Subject to paragraph 11 of Schedule 2 to this Act, any reference in this Part of this Act to the beginning of a tenancy is a reference to the day on which the tenancy is entered into or, if it is later, the day on which, under the terms of any lease, agreement or other document, the tenant is entitled to possession under the tenancy.

3

Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where this Part of this Act otherwise provides, any reference to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require.

4

For the avoidance of doubt, it is hereby declared that any reference in this Part of this Act (however expressed) to a power for a landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy.

5

Regulations under subsection (1) above may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

C12C13C14C15C16C17 Part I Rented Accommodation

chapter I Assured Tenancies

Meaning of assured tenancy etc.

1 Assured tenancies.

1

a

b

c

F1581A

C1C2C3C42

a

b

c

F12A

3

a

b

4

a

b

5

a

b

F26

F27

2 Letting of a dwelling-house together with other land.

1

a

b

2

3 Tenant sharing accommodation with persons other than landlord.

1

a

b

2

3

4

5

4 Certain sublettings not to exclude any part of sub-lessor’s premises from assured tenancy.

1

2

Security of tenure

5 Security of tenure.

F31

a

i

ii

b

c

1A

2

a

b

3

a

b

c

d

e

4

5

a

b

F55A

a

b

6

7

6 Fixing of terms of statutory periodic tenancy.

1

a

b

2

3

a

b

4

a

b

5

C12 C13 C14 C15 C16 C17 Part I Rented Accommodation

C1 C2 C3 C42