Rent (Agriculture) Act 1976

Part I — Preliminary

Discretion of court in giving possession.

1

• (1) In this Act—

• (a) “agriculture” includes—

• (i) dairy-farming and livestock keeping and breeding (whether those activities involve the use of land or not);

• (ii) the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not);

• (iii) the use of land as grazing, meadow or pasture land or orchard or osier land;

• (iv) the use of land for market gardens or nursery grounds; and

• (v) forestry;

• (b) “forestry” includes—

• (i) the use of land for nursery grounds for trees, and

• (ii) the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes.

• (2) For the purposes of the definition in subsection (1)(a)above—

• “consumable produce” means produce grown for consumption or other use after severance or separation from the land or other growing medium on or in which it is grown;

• “livestock” includes any animal which is kept for the production of food, wool, skins or fur, or for the purpose of its use in the carrying on of any agricultural activity, and for the purposes of this definition “animal” includes bird but does not include fish.

• (3) The expressions listed in column 1 of Schedule 1 to this Act have for the purposes of this Act the meanings given by the provisions shown in column 2 of the Schedule.

• (4) In this Act “relevant licence” and “relevant tenancy” have the meanings given by Schedule 2 to this Act.

• (5) Schedule 3 to this Act, of which—

• (a) Part I is for determining for the purposes of this Act—

• (i) whether a person is a qualifying worker,

• (ii) whether a person is incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease, and

• (iii) whether a dwelling-house is in qualifying ownership,

• (b) Part II postpones the operation of this Act in relation to certain persons employed in forestry, and

• (c) Part III contains supplementary provisions,

shall have effect.

• (6) This Act shall, subject to subsection (7) below, come into force on such date as the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly may by order contained in a statutory instrument appoint, and that date is in this Act called “the operative date”.

• (7) Subsection (6) above has effect subject to the said Part II of Schedule 3 to this Act.

Protected occupancies

Protected occupiers in their own right

2

• (1) Where a person has, in relation to a dwelling-house, a relevant licence or tenancy and the dwelling-house is in qualifying ownership, or has been in qualifying ownership at any time during the subsistence of the licence or tenancy (whether it was at the time a relevant licence or tenancy or not), he shall be a protected occupier of the dwelling-house if—

• (a) he is a qualifying worker, or

• (b) he has been a qualifying worker at any time during the subsistence of the licence or tenancy (whether it was at the time a relevant licence or tenancy or not).

• (2) Where a person has, in relation to a dwelling-house, a relevant licence or tenancy and the dwelling-house is in qualifying ownership, or has been in qualifying ownership at any time during the subsistence of the licence or tenancy (whether it was at the time a relevant licence or tenancy or not), he shall be a protected occupier of the dwelling-house if and so long as he is incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease.

• (3) A person who has, in relation to a dwelling-house, a relevant licence or tenancy shall be a protected occupier of the dwelling-house if—

• (a) immediately before the licence or tenancy was granted, he was a protected occupier or statutory tenant of the dwelling-house in his own right, or

• (b) the licence or tenancy was granted in consideration of his giving up possession of another dwelling-house of which he was such an occupier or such a tenant.

• (4) In this Act—

• “protected occupier in his own right” means a person who is a protected occupier by virtue of subsection (1), (2) or (3) above;

• “statutory tenant in his own right” means a person who is a statutory tenant by virtue of section 4(1) below and who, immediately before he became such a tenant, was a protected occupier in his own right.

Protected occupiers by succession

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• (1) Subsection (2) or, as the case may be, subsection (3) below shall have effect for determining what person (if any) is a protected occupier of a dwelling-house after the death of a person (“the original occupier”) who, immediately before his death, was a protected occupier of the dwelling-house in his own right.

• (2) Where the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, if the surviving partner has, in relation to the dwelling-house, a relevant licence or tenancy, the surviving partner shall be a protected occupier of the dwelling-house.

This subsection is framed by reference to the case where the original occupier was a man, but is to be read as applying equally in the converse case where the original occupier was a woman.

• (3) Where—

• (a) the original occupier was not a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier's death, but

• (b) one or more persons who were members of the original occupier's family were residing with the original occupier at the time of and for the period of six months immediately before his death,

then, after the original occupier's death, if that person or, as the case may be, any of those persons has, in relation to the dwelling-house, a relevant licence or tenancy, that person or, as the case may be, such one of the persons having such a licence or tenancy as may be decided by agreement, or in default of agreement by the county court, shall be a protected occupier of the dwelling-house.

• (3A) In subsections (2) and (3) above “surviving partner” means surviving spouse or surviving civil partner.

• (4) A person who has, in relation to the dwelling-house, a relevant licence or tenancy shall be a protected occupier of the dwelling-house if—

• (a) immediately before the licence or tenancy was granted, he was a protected occupier or statutory tenant of the dwelling-house by succession, or

• (b) the licence or tenancy was granted in consideration of his giving up possession of another dwelling-house of which he was such an occupier or such a tenant.

• (5) In this Act—

• “protected occupier by succession” means a person who is a protected occupier by virtue of subsection (2), (3) or (4) above;

• “statutory tenant by succession” means a person who is a statutory tenant by virtue of section 4(1) below and who, immediately before he became such a tenant, was a protected occupier by succession, or a person who is a statutory tenant by virtue of section 4(3) or (4) below.

• (6) A dwelling-house, is in this Act, referred to as subject to a protected occupancy where there is a protected occupier of it.

Statutory tenancies

Statutory tenants and tenancies

4

• (1) Subject to section 5 below, where a person ceases to be a protected occupier of a dwelling-house on the termination, whether by notice to quit or by virtue of section 16(3) of this Act or otherwise, of his licence or tenancy, he shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it.

• (2) Subject to section 5 below, subsection (3), ... below shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house at any time after the death of a person (“the original occupier”) who was, immediately before his death, a protected occupier or statutory tenant of the dwelling-house in his own right.

• (3) If the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, unless the surviving partner is a protected occupier of the dwelling-house by virtue of section 3(2) above, the surviving partner shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence.

This subsection is framed by reference to the case where the original occupier was a man, but is to be read as applying equally in the converse case where the original occupier was a woman.

• (4) Where—

• (a) the original occupier was not a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier's death, but

• (b) one or more persons who were members of the original occupier's family were residing with the original occupier in the dwelling-house at the time of and for the ... period of 2 years immediately before the original occupier's death,

then, after the original occupier's death, unless that person or, as the case may be, one of those persons is a protected occupier of the ... entitled to an assured tenancy of the dwelling-house by succession or, in the case of a dwelling-house in Wales, will be entitled to a secure contract of the dwelling-house by succession.

• (5) In ... subsections (1) and (3) above the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed in accordance with section 2(3) of the Rent Act 1977 (construction of that phrase in the corresponding provisions of that Act).

• (5ZA) In subsections (3) and (4) above “ surviving partner ” means surviving spouse or surviving civil partner.

• (5A) For the purposes of subsection (3) above a person who was living with the original occupier as if they were a married couple or civil partners shall be treated as the spouse or civil partner of the original occupier; and, subject to subsection (5B) below, “surviving spouse” and “surviving civil partner” in subsection (5ZA) above shall be construed accordingly.

• (5B) If, immediately after the death of the original occupier, there is, by virtue of subsection (5A) above, more than one person who fulfils the conditions in subsection (3) above, such one of them as may be decided by agreement or, in default of agreement by the county court, shall be the statutory tenant by virtue of that subsection.

• (5C) If the original occupier died within the period of 18 months beginning on the operative date, then, for the purposes of subsection (3) above, a person who was residing in the dwelling-house with the original occupier at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original occupier for the period of 2 years immediately before his death; and in this subsection “ the operative date ” means the date on which Part I of the Housing Act 1988 came into force.

• (6) A dwelling-house is, in this Act, referred to as subject to a statutory tenancy where there is a statutory tenant of it.

• (7) In this section, “secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act).

No statutory tenancy where landlord's interest belongs to Crown or to local authority, etc.

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• (1) A person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would, at that time—

• (a) belong to Her Majesty in right of the Crown or to a government department, or

• (b) be held in trust for Her Majesty for the purposes of a government department;

except that an interest belonging to Her Majesty in right of the Crown shall not prevent a person from being a statutory tenant if the interest is under the management of the Crown Estate Commissioners.

• (2) A person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would, at that time, belong to any of the bodies specified in subsection (3) below.

• (3) The bodies referred to in subsection (2) above are—

• (a) the council of a county , county borough or district or, in the application of this Act to the Isles of Scilly, the Council of those Isles;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the council of a London borough or the Common Council of the City of London;

• (baa) a police and crime commissioner;

• (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bb) a joint authority established by Part IV of the Local Government Act 1985;

• (bbza) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

• (bbzb) a combined authority established under section 103 of that Act;

• (bbzc) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• (bba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bbb) the London Fire Commissioner;

• (bbc) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

• (bc) the Broads Authority;

• (bd) any National Park authority;

• (c) the English new towns residuary body

• (d) the Regulator of Social Housing;

• (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) a development corporation established by an order made, or having effect as if made, under the New Towns Act 1981 , and

• (f) a housing trust (as defined in section 15(5) of the Rent Act 1977 ) which is a charity ....

• (3A) In subsection (3)(c) above “ English new towns residuary body ” means the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions.

• (4) If any of the conditions for the time being specified in section 15(4) of the Rent Act 1977 (conditions for the operation of the corresponding provision of that Act) is fulfilled, a person shall not be a statutory tenant of a dwelling-house at any time if the interest of his immediate landlord would, at that time, belong to a housing association which—

• (za) is a private registered provider of social housing,

• (a) is a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act), or

• (b) is a co-operative housing association within the meaning of the Housing Associations Act 1985.

Part II — Security of Tenure

Protected occupancies and statutory tenancies

Grounds for possession

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• (1) A court shall not make an order for possession of a dwelling-house subject to a protected occupancy or statutory tenancy except in the Cases in Schedule 4 to this Act.

• (2) A landlord who obtains an order for possession of a dwelling-house as against a statutory tenant shall not be required to give to the statutory tenant any notice to quit.

• (3) Where in Case IX in the said Schedule a landlord obtains an order for possession of the dwelling-house, and it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by the tenant as a result of the order.

• (4) In subsection (3) above and in Schedule 4 to this Act “tenant” means a protected occupier or a statutory tenant.

• (5) Section 7 below has effect as regards the Cases in Part I of the said Schedule.

• (6) If, apart from subsection (1) above, the landlord would be entitled to recover possession of a dwelling-house subject to a protected occupancy or statutory tenancy, the court shall make an order for possession if the circumstances of the case are as specified in any of the Cases in Part II of the said Schedule.

Discretion of court in giving possession

7

• (1) This section applies in the Cases in Part I of Schedule 4 to this Act.

• (2) In those Cases the court shall not make an order unless it considers it reasonable to do so.

• (2A) In those cases the court may adjourn for such period or periods as it thinks fit.

• (3) On the making of the order for possession, or at any time before execution of the order, the court 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 fit.

• (4) On any such adjournment as is referred to in subsection (2A) above or any such stay, suspension or postponement as is referred to in subsection (3) above, the court shall, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit.

• (5) If conditions so imposed are complied with, the court may if it thinks fit discharge or rescind the order for possession.

• (5A) Subsection (5B) below applies in any case where—

• (a) proceedings are brought for possession of a dwelling-house which is subject to a protected occupancy or statutory tenancy;

• (b) the tenant’s spouse or former spouse, having rights of occupation under the Matrimonial Homes Act 1967, is then in occupation of the dwelling-house; and

• (c) the tenancy is terminated as a result of those proceedings.