Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

15 X1 Protection of tenure of furnished, and certain other, rented premises, by extension of the Furnished Houses (Rent Control) Act. E+W

(1) Subject to subsection (2) of the last preceding section, where at any time during a service man’s period of residence protection.

(a) the rented family residence is let under the tenancy qualifying for protection either on such terms as are mentioned in [F1 section 19(2) of the M1 Rent Act 1977 (which relates to premises let in consideration of a rent which includes payment for the use of furniture or for services) or on terms of sharing with the lessor, and

(b) a notice to quit has been served by the lessor on the lessee (whether after or before the beginning of the period of protection) and the notice has not expired, but

[F2 (c) the condition specified in subsection 1(b) of [F3 section 104 of the Rent Act 1977] is not fulfilled, F4 the said section 104] shall apply in relation to the notice to quit as if that condition had been fulfilled as to the contract under which that tenancy subsists.]

[F5 (1A) This section does not apply in relation to any tenancy entered into after the commencement of section 69(2) of the M2 Housing Act 1980.]

(2) The reference in paragraph (a) of the preceding subsection to a letting on terms of sharing with the lessor is a reference to a letting under which—

(a) the lessee has the exclusive occupation of some accommodation (in this subsection referred to as “the separate accommodation”);

(b) he has the use of other accommodation in common with the lessor or with the lessor and other persons; and

(c) the accommodation mentioned in the last preceding paragraph is or includes accommodation of such a nature that the circumstance specified in that paragraph is sufficient to prevent the separate accommodation from being a dwelling-house [F6 let on or subject to a protected tenancy or statutory tenancy within the meaning of the Rent Act 1977], whether apart from that circumstance it would be such a dwelling-house or not.

(3) [F7 The subsistence of a Crown interest in premises shall not affect the operation of this section], if the reversion immediately expectant on the tenancy in question is not a Crown interest, [F8 but nothing in this subsection shall be construed as excluding the operation of this Part of this Act in cases where there subsists a Crown interest not being the reversion immediately expectant on the tenancy in question.]

(4) References in the said [F9 section 104] to that section shall be construed as including references to the preceding provisions of this section and to the said [F10 section 104] as extended by those provisions.

(5) Nothing in the preceding provisions of this section shall be construed as rendering the said [F11 section 104] applicable in a case in which the contract under which the tenancy in question subsists is excluded from [F12 being a restricted contract (within the meaning of the M3 Rent Act 1977) by paragraph 17 of Schedule 24 to that Act.]

Editorial Information

X1 Unreliable marginal note

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 3

F2 S. 15(1)(c) and words thereafter substituted by Rent Act 1968 (c. 23), s. 117(2), Sch. 15

F3 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 3

F4 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 3

F5 S. 15(1A) inserted by Housing Act 1980 (c. 51), Sch. 25 Pt. I para. 1

F6 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 3

F7 Words substituted by Rent Act 1968 (c. 23), s. 117(2), Sch. 15

F8 Words added by Rent Act 1968 (c. 23), s. 117(2), Sch. 15

F9 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 3

F10 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 3

F11 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 3

F12 Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 3

Marginal Citations

M1 1977 c. 42.

M2 1980 c. 51.

M3 1977 c. 42.

15 X2 Protection of tenure or furnished and certain other, rented premises, by extension of the Furnished Houses (Rent Control) Act. S

(1) Subject to subsection (2) of the last preceding section, where at any time during a service man’s period of residence protection,

(a) the rented family residence is let under the tenancy qualifying for protection either on such terms as are mentioned in [F13 section [F14 63(1)] of the Rent (Scotland) Act [F14 1984]] (which relates to premises let in consideration of a rent which includes payment for the use of furniture or for services) or on terms of sharing with the lessor, and

(b) a notice to quit has been served by the lessor on the lessee (whether after of before the beginning of the period of protection) and the notice has not expired, but

[F15 (c) the condition specified in subsection (1)(b) of section [F14 72] of the Rent (Scotland) Act [F14 1984] is not fulfilled,

the said section [F14 72] shall apply in relation to the notice to quit as if that condition had been fulfilled as to the contract under which that tenancy subsists.]

[F16 (1A) This section does not apply in relation to any tenancy entered into [F17 on or after 1st December 1980].]

(2) The reference in paragraph (a) of the preceding subsection to a letting on terms of sharing with the lessor is a reference to a letting under which—

(a) the lessee has the exclusive occupation of some accomadation (in this subsection referred to as “the seperate accommodation”);

(b) he has the use of other accommodation in common with the lessor or with the lessor and other persons; and

(c) the accommodation mentioned in the last preceding paragraph is or includes accommodation of such a nature that the circumstance specified in that paragraph is sufficient to prevent the seperate accommodation from being [F18 a dwelling-house subject to a statutory tenancy within the meaning of the Rent (Scotland) Act [F14 1984]], whether apart from that circumstance it would be such a dwelling-house or not.

[F19 (3) The subsistence of a Crown interest in premises shall not affect the operation of this section if the interest of the immediate landlord of the tenant under the tenancy in question is not a Crown interest; but nothing in this subsection shall be construed as excluding the operation of this Part of this Act in cases where there subsists a Crown interest not being the interest of the immediate landlord of the tenant under the tenancy in question.]

(4) References in the said [F20 section [F14 72]] to that section shall be construed as including references to the preceding provisions of this section and to the said [F20 section [F14 72]] as extended by those provisions.

F21 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X2 Unreliable marginal note

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F13 Words substituted by Rent (Scotland) Act 1971 (c. 28), s. 135(2), Sch. 18 Pt. II

F14 Figure substituted by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. II

F15 S. 15(1)(c) and words thereafter substituted by Rent (Scotland) Act 1971 (c. 28), s. 135(2), Sch. 18 Pt. II

F16 S. 15(1A) inserted by Tenants' Rights, Etc. (Scotland) Act 1980 (c. 52), s. 39(2)

F17 Words substituted by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(1), Sch. 8 Pt. II

F18 Words substituted by virtue of s. 24(j) of this Act

F19 S. 15(3) substituted by Rent (Scotland) Act 1971 (c. 28), s. 135(2), Sch. 18 Pt. II

F20 Words substituted by Rent (Scotland) Act 1971 (c. 28), s. 135(2), Sch. 18 Pt. II

F21 S. 15(5) repealed by Rent (Scotland) Act 1971 (c. 28), s. 135(5), Sch. 20