Rent (Agriculture) Act 1976

• (2) 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.

Offences by bodies corporate

37

• (1) Where an offence under this Act which has been 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, a director, manager, 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 be liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Prosecution of offences

38

Without prejudice to section 222 of the Local Government Act 1972 (power of local authorities to prosecute or defend legal proceedings), proceedings for an offence under any provision of this Act except section 31(6) may be instituted by the housing authority concerned.

Expenses

39

There shall be paid out of moneys provided by Parliament—

• (a) any expenses incurred by a Minister, or Government department, in consequence of the provisions of this Act, and

• (b) any increase in sums so payable under any other Act which is attributable to the provisions of this Act.

Short title, etc.

40

• (1) This Act may be cited as the Rent (Agriculture) Act 1976.

• (2) Schedule 8 to this Act contains consequential and minor amendments of other Acts.

• (3) Schedule 9 to this Act contains transitional provisions.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) This Act shall not extend to Scotland or Northern Ireland.

SCHEDULE 1

SCHEDULE 2

Relevant licence

1

In this Act “relevant licence” means any licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which—

• (a) if it were a tenancy, and

• (b) if the provisions of Part I of the Rent Act 1977 relating to exceptions to the definition of “protected tenancy” were modified as mentioned in paragraph 3 below,

would be a protected tenancy for the purposes of that Act.

Relevant tenancy

2

In this Act “relevant tenancy” means any tenancy under which a dwelling-house is let as a separate dwelling and which—

• (a) is not a protected tenancy for the purposes of the Rent Act 1977, but

• (b) would be such a tenancy if the provisions of that Act mentioned in paragraph 1(b) above were modified as mentioned in paragraph 3 below,

other than a tenancy to which Part I or Part II of the Landlord and Tenant Act 1954 applies a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies, a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy in relation to which that Act applies, and a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995..

Supplemental

3

• (1) For the purposes of this Schedule the modifications of Part I of the Rent Act 1977 are as follows.

• (2) Omit sections 5 (tenancies at low rents) and 10 (tenancy of a dwelling-house comprised in any agricultural holding etc.).

• (2A) In section 5A (exclusion of certain shared ownership leases), in subsection (2)(g) (condition that lease states landlord’s opinion that 1977 Act does not apply) for the reference to the 1977 Act substitute a reference to this Act.

• (3) For section 7 (payments for board or attendance) substitute:—

(7) (1) A tenancy is not a protected tenancy if it is a bona fide term of the tenancy that the landlord provides the tenant with board or attendance. (2) For the avoidance of doubt it is hereby declared that meals provided in the course of a person’s employment in agriculture do not constitute board for the purposes of this section; and a term that the landlord provides the tenant with attendance shall not be taken to be a bona fide term for those purposes unless, having regard to its value to the tenant, the attendance is substantial.

4

The other provisions of the Rent Act 1977 which are relevant for the purposes of the above definitions, and which are therefore also applied by this Schedule, include—

• section 1 (definition of “protected tenancy”);

• section 13 (no protected or statutory tenancy where landlord’s interest belongs to Crown);

• sections 14 to 16 (no protected or statutory tenancy where landlord’s interest belongs to local authority, etc.);

• section 12 (no protected tenancy in certain cases where landlord’s interest belongs to resident landlord);

• section 25 (rateable value and appropriate day).

SCHEDULE 3

Part I — Definitions

Qualifying worker

1

A person is a qualifying worker for the purposes of this Act at any time if, at that time, he has worked whole-time in agriculture, or has worked in agriculture as a permit worker, for not less than 91 out of the last 104 weeks.

Incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease

2

• (1) A person is, for the purposes of this Act, incapable of whole-time work in agriculture in consequence of a qualifying injury or disease if—

• (a) he is incapable of such work in consequence of—

• (i) an injury or disease prescribed in relation to him, by reason of his employment in agriculture, under section 76(2) of the Social Security Act 1975, or

• (ii) an injury caused by an accident arising out of and in the course of his employment in agriculture, and

• (b) at the time when he became so incapable, he was employed in agriculture as a whole-time worker.

• (2) A person is, for the purposes of this Act, incapable of work in agriculture as a permit worker in consequence of a qualifying injury or disease if—

• (a) he is incapable of such work in consequence of any such injury or disease as is mentioned in sub-paragraph (1) above, and

• (b) at the time when he became so incapable, he was employed in agriculture as a permit worker.

• (3) Where—

• (a) a person has died in consequence of any such injury or disease as is mentioned in sub-paragraph (1) above, and

• (b) immediately before his death, he was employed in agriculture as a whole-time worker, or as a permit worker,

he shall be regarded for the purposes of this Act as having been, immediately before his death, incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease.

Dwelling-house in qualifying ownership

3

• (1) A dwelling-house in relation to which a person (“the occupier”) has a licence or tenancy is in qualifying ownership for the purposes of this Act at any time if, at that time, the occupier is employed in agriculture and the occupier’s employer either—

• (a) is the owner of the dwelling-house, or

• (b) has made arrangements with the owner of the dwelling-house for it to be used as housing accommodation for persons employed by him in agriculture.

• (2) In this paragraph—

• “employer”, in relation to the occupier, means the person or, as the case may be, one of the persons by whom he is employed in agriculture;

• “owner”, in relation to the dwelling-house, means the occupier’s immediate landlord or, where the occupier is a licensee, the person who would be the occupier’s immediate landlord if the licence were a tenancy.

Supplemental

4

• (1) The provisions of this paragraph shall have effect for determining what is whole-time work in agriculture for the purposes of this Part of this Schedule.

• (2) A person works whole-time in agriculture for any week in which—

• (a) he is employed to work in agriculture, and

• (b) the number of hours for which he works in agriculture, or in activities incidental to agriculture, for the person or persons by whom he is so employed is not less than the standard number of hours.

• (3) Where a person is employed in agriculture as a whole-time worker, any week in which by agreement with his employer or, where he has two or more employers, by agreement with the employer or employers concerned he works less than the standard number of hours shall count as a week of whole-time work in agriculture.

• (4) If in any week a person who is employed in agriculture as a whole-time worker is, for the whole or part of the week—

• (a) absent from work in agriculture by reason of his taking a holiday to which he is entitled, or

• (b) absent from work in agriculture with the consent of his employer or, where he has two or more employers, with the consent of the employer or employers concerned, or

• (c) incapable of whole-time work in agriculture in consequence of an injury or disease (whether a qualifying injury or disease or not),

that week shall count as a week of whole-time work in agriculture.

• (5) If in any week a person (whether employed in agriculture as a whole-time worker or not) is, for the whole or part of the week, incapable of whole-time work in agriculture in consequence of a qualifying injury or disease, that week shall count as a week of whole-time work in agriculture.

5

• (1) The provisions of this paragraph shall have effect for determining what is work in agriculture as a permit worker for the purposes of this Part of this Schedule.

• (2) A person works in agriculture as a permit worker for any week in which he works in agriculture as an employee for the whole or part of the week and there is in force in relation to him a permit granted under section 5 of the Agricultural Wages Act 1948.

• (3) If in any week a person who is employed in agriculture as a permit worker is, for the whole or part of the week—

• (a) absent from work in agriculture by reason of his taking a holiday to which he is entitled, or

• (b) absent from work in agriculture with the consent of his employer or, where he has two or more employers, with the consent of the employer or employers concerned, or

• (c) incapable of work in agriculture as a permit worker in consequence of an injury or disease (whether a qualifying injury or disease or not),

that week shall count as a week of work in agriculture as a permit worker.

• (4) If in any week a person (whether employed in agriculture as a permit worker or not) is, for the whole or part of the week, incapable of work in agriculture as a permit worker in consequence of a qualifying injury or disease, that week shall count as a week of work in agriculture as a permit worker.

6

For the purposes of this Part of this Schedule a person is employed in agriculture as a whole-time worker if he is employed to work in agriculture by the week, or by any period longer than a week, and the number of hours for which he is employed to work in agriculture, or in activities incidental to agriculture, in any week is not less than the standard number of hours.

7

For the purposes of this Part of this Schedule a person is employed in agriculture as a permit worker if he is employed in agriculture and there is in force in relation to him a permit granted under section 5 of the Agricultural Wages Act 1948.

Part II — Temporary Provisions as Respects Certain Forestry Workers

8

In this Act “the date of operation for forestry workers” means such date after the operative date as the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly may appoint by order contained in a statutory instrument.

9

• (1) Whole-time work in forestry, and work in forestry as a permit worker, shall be left out of account in determining for the purposes of this Act whether, at a date before the date of operation for forestry workers, a person is a qualifying worker.

• (2) Employment in forestry as a whole-time worker, or as a permit worker, shall be left out of account in determining for the purposes of this Act whether, at a date before the date of operation for forestry workers, 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.

10

• (1) The question of what is whole-time work in forestry, or work in forestry as a permit worker, for the purposes of this Part of this Schedule shall be determined in the same way as what is whole-time work in agriculture, or work in agriculture as a permit worker, is determined for the purposes of Part I of this Schedule, and for that purpose all work which is not work in forestry shall be disregarded.

• (2) For the purposes of this Part of this Schedule a person is employed in forestry as a whole-time worker if he is employed to work in forestry by the week, or by any period longer than a week, and the number of hours for which he is employed to work in forestry, or in activities incidental to forestry, in any week is not less than the standard number of hours.

• (3) For the purposes of this Part of this Schedule a person is employed in forestry as a permit worker if he is employed in forestry and there is in force in relation to him a permit granted under section 5 of the Agricultural Wages Act 1948.

Part III — Supplemental

11

• (1) In this Schedule “employment” means employment under one or more contracts of employment, and cognate expressions shall be construed accordingly.

• (2) For the purposes of the definition in sub-paragraph (1) above “contract of employment” means a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing).

12

• (1) In this Schedule “the standard number of hours” means 35 hours or such other number of hours as may be specified in an order made by the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly.

• (2) An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) An order made under this paragraph—

• (a) may contain transitional and other supplemental and incidental provisions, and

• (b) may be varied or revoked by a subsequent order so made.

13

Any reference in this Schedule to work in agriculture or in forestry, or to employment in agriculture or in forestry, is a reference to such work, or such employment, in the United Kingdom (including the Channel Islands and the Isle of Man) or in the territory of any other State which is a member of the European Economic Community.

SCHEDULE 4

Part I — Cases where Court has a Discretion

Case I — Alternative accommodation not provided or arranged by housing authority

1

The court is satisfied that suitable alternative accommodation is available for the tenant, or will be available for him when the order for possession takes effect.

2

Accommodation shall be deemed suitable in this Case if it consists of—

• (a) premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy within the meaning of the Rent Act 1968, or

• (b) premises which are to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Part II of the Rent Act 1968 in the case of a protected tenancy,

and, in the opinion of the court, the accommodation fulfils the conditions in paragraph 3 below.

3

• (1) The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work and either—

• (a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by the housing authority concerned for persons whose needs as regards extent are similar to those of the tenant and his family, or

• (b) reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent and character.

• (2) For the purposes of sub-paragraph (1)(a) above, a certificate of the housing authority concerned stating—

• (a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and

• (b) the amount of the rent charged by the housing authority concerned for dwelling-houses affording accommodation of that extent,

shall be conclusive evidence of the facts so stated.

• (3) If any furniture was provided by the landlord for use under the tenancy, furniture must be provided for use in the alternative accommodation which is either similar, or is reasonably suitable to the needs of the tenant and his family.

4

Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of the Housing Act 1957.

5

Any document purporting to be a certificate of the housing authority concerned issued for the purposes of this Case and to be signed by the proper officer of the authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.

6

In this Case no account shall be taken of accommodation as respects which an offer has been made, or notice has been given, as mentioned in paragraph 1 of Case II below.

Case II — Alternative accommodation provided or arranged by housing authority

1

The housing authority concerned have made an offer in writing to the tenant of alternative accommodation which appears to them to be suitable, specifying the date when the accommodation will be available and the date (not being less than 14 days from the date of offer) by which the offer must be accepted.

2

The landlord shows that the tenant accepted the offer (by the housing authority or other person) within the time duly specified in the offer.

3

• (1) The accommodation offered must in the opinion of the court fulfil the conditions in this paragraph.

• (2) The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work.

• (3) The accommodation must be reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent.

4

If the accommodation offered is available for a limited period only, the housing authority's offer or notice under paragraph 1 above must contain an assurance that other accommodation—

• (a) the availability of which is not so limited,

• (b) which appears to them to be suitable, and

• (c) which fulfils the conditions in paragraph 3 above,

will be offered to the tenant as soon as practicable.

Case III

Rent lawfully due from the tenant has not been paid,

OR

Any other lawful obligation of the tenancy, whether or not it is an obligation created by this Act, has been broken or not performed.

Case IV

The tenant, or any person residing or lodging with him or subtenant of his, has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the dwelling-house, or allowing the dwelling-house to be used, for immoral or illegal purposes.

Case V

1

The condition of the dwelling-house has, in the opinion of the court, deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any person residing or lodging with him, or any sub-tenant of his.

2

If the person at fault is not the tenant, the court must be satisfied that the tenant has not, before the making of the order for possession, taken such steps as he ought reasonably to have taken for the removal of the person at fault.

Case VI

1

The condition of any furniture provided by the landlord for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any person residing or lodging with him, or any sub-tenant of his.

2

If the person at fault is not the tenant, the court must be satisfied that the tenant has not, before the making of the order for possession, taken such steps as he ought reasonably to have taken for the removal of the person at fault.

Case VII

1

The tenant has given notice to quit and in consequence of that notice the landlord has contracted to sell or let the dwelling-house, or has taken any other steps as a result of which he would, in the opinion of the court, be seriously prejudiced if he could not obtain possession.

2

This Case does not apply where the tenant has given notice to terminate his employment and that notice has operated to terminate the tenancy.

Case VIII

1

The tenant has, without the consent of the landlord, assigned, sub-let or parted with possession of the dwelling-house, or any part of it.

2

This Case does not apply if the assignment, sub-letting or parting with possession was effected before the operative date.

Case IX

1

The dwelling-house is reasonably required by the landlord for occupation as a residence for—

• (a) himself, or

• (b) any son or daughter of his over 18 years of age, or

• (c) his father or mother, or the father or mother of his wife, or husband, or

• (d) his grandfather or grandmother, or the grandfather or grandmother of his wife, or husband,

and the landlord did not become landlord by purchasing the dwelling-house, or any interest in it, after 12th April 1976.

2

The court, having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or tenant, is satisfied that no greater hardship would be caused by granting the order than by refusing to grant it.

Case X

1

Any part of the dwelling-house is sublet.

2

The court is satisfied that the rent charged by the tenant is or was in excess of the maximum rent recoverable for that part, having regard to the provisions of Part III, Part V or Part VI of the Rent Act 1968 or Part II of this Act, as the case may require.

3

Paragraph 2 does not apply to a rental period beginning before the operative date.

Part II — Cases in which court must order possession

Case XI

1

The person who granted the tenancy or, as the case may be, the original tenancy (" the original occupier ") was, prior to granting it, occupying the dwelling-house as his residence.

2

The court is satisfied that the dwelling-house is required as a residence for the original occupier or any member of his family who resided with the original occupier when he last occupied the dwelling-house as his residence.

3

Not later than the relevant date the original occupier gave notice in writing to the tenant that possession might be recovered under this Case.

4

The dwelling-house has not since the operative date been let by the original occupier to a tenant as respects whom the condition mentioned in paragraph 3 above was not satisfied.

5

The court may dispense with the requirements of either or both of paragraphs 3 and 4 if of opinion that it is just and equitable so to do.

6

In this case and in Case XII below—

• " original tenancy ", in relation to a statutory tenancy, means the tenancy on the termination of which the statutory tenancy arose ;

• " the relevant date " means the date of the commencement of the tenancy or, as the case may be, the original tenancy, or the expiration of the period of six months beginning with the operative date, whichever is the later.

Case XII

1

The person who granted the tenancy or, as the case may be, the original tenancy (" the owner ") acquired the dwelling-house, or any interest in it, with a view to occupying it as his residence at such time as he should retire from regular employment.

2

The court is satisfied—

• (a) that the owner has retired from regular employment and requires (he dwelling-house as his residence, or

• (b) that the owner has died and the dwelling-house is required as a residence for a member of his family who was residing with him at the time of his death.

3

Not later than the relevant date the owner gave notice in writing to the tenant that possession might be recovered under this Case.

4

The dwelling-house has not since the operative date been let by the owner to a tenant as respects whom the condition mentioned in paragraph 3 above was not satisfied.

5

The court may dispense with the requirements of either or both of paragraphs 3 and 4 if of opinion that it is just and equitable so to do.

Case XIII

The dwelling-house is overcrowded, within the meaning of the Housing Act 1957, in such circumstances as to render the occupier guilty of an offence.

SCHEDULE 5

Preliminary

1

• (1) In this Schedule the “original contract”, in relation to a statutory tenancy, means the licence or tenancy on the termination of which the statutory tenancy arose.

• (2) No account shall be taken for the purposes of this Schedule of any term of the original contract under which the right of occupation depended, or which itself depended, on the occupier being employed in agriculture or in some other way.

• (3) In this Schedule “term”, in relation to the statutory tenancy, or in relation to the original contract, includes a condition of the tenancy or contract.

Terms derived from the original licence or tenancy

2

• (1) So long as he retains possession, the statutory tenant shall observe, and be entitled to the benefit of, all the terms of the original contract.

• (2) Sub-paragraph (1) applies whether or not the terms are express or implied or statutory.

• (3) Sub-paragraph (1) applies subject to the provisions of this Schedule, and of Part II of this Act.

Tenancy derived from licence

3

If the original contract was a licence, the statutory tenancy shall be a weekly tenancy.

Covenant for quiet enjoyment, etc.

4

• (1) If the original contract was a licence, the terms of the statutory tenancy shall include any term which would be implied if the contract had been a contract of tenancy.

• (2) This applies in particular to the landlord’s covenant for quiet enjoyment and the tenant’s obligation to use the premises in a tenant-like manner, which are implied in any tenancy.

Non-contractual arrangements

5

• (1) It shall be a term of the statutory tenancy that the landlord provides the tenant with any services or facilities—

• (a) which the landlord was providing for the occupier before the beginning of the statutory tenancy, though not under the original contract, or which he had provided for the occupier, but was not providing when the original contract terminated, and

• (b) which are reasonably necessary for any person occupying the dwelling-house as a statutory tenant, but which such a tenant cannot reasonably be expected to provide for himself.

• (2) This paragraph may apply, for example, where the only convenient electricity or water supplies, or the only convenient sewage disposal facilities, are those provided by the landlord from his own installations.

Landlord’s obligation to repair.

6

• (1) Section 11 of the Landlord and Tenant Act 1985 shall apply to the dwelling-house so long as it is subject to the statutory tenancy.

• (2) This paragraph is without prejudice to the operation of paragraph 2 above where the original contract was a tenancy to which the said section 11 applied.

Tenant’s obligations

7

• (1) It shall be a condition of the statutory tenancy that the tenant will not use the dwelling-house, or any part of it, for purposes other than those of a private dwelling-house.

• (2) It shall be a condition of the statutory tenancy that the tenant will not assign, sub-let, or part with possession of, the dwelling-house, or any part of it.

• (3) Sub-paragraph (2) does not affect anything lawfully done before the beginning of the statutory tenancy.

Access by landlord

8

It shall be a condition of the statutory tenancy that the tenant will afford to the landlord access to the dwelling-house and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

Access by tenant

9

• (1) The landlord shall afford any such right of access to the dwelling-house as is reasonable in the circumstances.

• (2) In applying sub-paragraph (1) account shall be taken of any right of access to be afforded under paragraph 2 or 4 of this Schedule.

• (3) Without prejudice to the definition of original contract in paragraph 1 of this Schedule, any right of access to be afforded under paragraph 2 of this Schedule shall be confined to such right of access to the dwelling-house as is reasonable in the circumstances, and without regard to any right of access afforded wholly or mainly because the occupier of the dwelling-house, or his predecessor, was employed on the land.

• (4) Paragraph 5 of this Schedule shall not apply to facilities for access to the dwelling-house.

• (5) If it is reasonably necessary in order to prevent the spread of disease which might otherwise affect livestock or crops, whether on the landlord’s land or elsewhere, the landlord may temporarily restrict access to the dwelling-house made available in pursuance of this Schedule so long as suitable alternative access is available or is made available.

• (6) If it is reasonably necessary in the interests of efficient agriculture, the landlord may permanently or temporarily deprive the dwelling-house of access made available in pursuance of this Schedule so long as suitable alternative access is available or is made available.

Notice to quit served on landlord

10

• (1) If the original contract—

• (a) was not a tenancy, or

• (b) was a tenancy the provisions of which did not require the tenant to give notice to quit before giving up possession,

the statutory tenant shall be entitled to give up possession of the dwelling-house if, and only if, he gives not less than four weeks’ notice to quit.

• (2) If the original contract required the tenant to give notice to quit before giving up possession, the statutory tenant shall be entitled to give up possession of the dwelling-house if, and only if, he gives that notice, or, if longer, the notice required by section 5 of the Protection from Eviction Act 1977 (four weeks’ notice).

Rates, water rates, etc.

11

• (1) Paragraph 2 of this Schedule shall not impose any liability on the tenant to make payments to the landlord in respect of rates borne by the landlord or a superior landlord.

• (2) The following provisions of this paragraph shall apply as respects any rental period of the statutory tenancy, including one as respects which an agreement under section 11 of this Act either fixes the rent or provides that no rent is payable.

• (3) Subject to sub-paragraph (4) below, where any rates in respect of the dwelling-house are borne by the landlord or a superior landlord, the amount of the rates for the rental period, as ascertained in accordance with Schedule 5 to the Rent Act 1977, shall be recoverable from the statutory tenant as if it were rent payable under the statutory tenancy.

• (4) The tenant’s liability under sub-paragraph (3) above shall not arise unless notice in writing to that effect is served by the landlord on the tenant, and that notice shall take effect from such date as may be specified in the notice, which shall not be earlier than four weeks before service of the notice.

• (5) If the dwelling-house forms part only of a hereditament in respect of which any rates are charged, the proportion for which the statutory tenant is liable under this paragraph shall be such as may be agreed by him with the landlord, or as may be determined by the county court; and the decision of the county court shall be final.

• (6) In this paragraph “rental period” means, in relation to a statutory tenancy under which no rent is payable, any period of the statutory tenancy which would be a rental period if a rent were payable under that tenancy; and in Schedule 5 to the Rent Act 1977 as applied by sub-paragraph (3) above any reference to a rental period, or to a rating period during which the rent for a rental period is payable, shall be construed accordingly.

Variation of statutory tenancy

12

• (1) Subject to the provisions of this paragraph, the landlord and the statutory tenant may by agreement in writing vary any of the provisions of the statutory tenancy.

• (2) An agreement under this paragraph may be made at any time, including a time before the beginning of the statutory tenancy.

• (3) So far as a variation of the provisions of the statutory tenancy concerns rent it shall be effected in accordance with section 11 of this Act, and no agreement under that section may conflict with any of the provisions of this Act.

• (4) This paragraph shall not authorise an agreement which results in—

• (a) a substantial addition to the land or premises which the statutory tenant is entitled to occupy, or

• (b) the breach of any obligation implied by law, and in particular the breach of the obligation imposed by section 11 of the Landlord and Tenant Act 1985 (landlord’s obligation to repair), or

• (c) the circumstances in which the statutory tenant can give notice to quit, or

• (d) the inclusion of any term which relates to the employment by the landlord of the tenant, or of any other term unrelated to the occupation of the dwelling-house.

• (5) The following bind any successor of the landlord or the tenant under a statutory tenancy to the same extent as they bind the landlord, or as the case may be the tenant—

• (a) an agreement under this paragraph,

• (b) an agreement under section 10(3)(b) or section 11 of this Act,

• (c) section 11(9) (rent payable after termination of agreement),

• (d) a notice of increase by the landlord under section 12 or section 14 of this Act,

• (e) a notice under paragraph 11 of this Schedule (rates recoverable by landlord from statutory tenant).

SCHEDULE 6

Interpretation

1

• (1) In this Schedule—

• " noted amount " means an amount noted under paragraph 2(1) below;

• " period of delay " means a period of two years beginning with the date of registration of a rent;

• " permitted increase " means the amount by which the rent for any rental period may be increased ;

• " previous rent limit " means, subject to sub-paragraph (2) below, the amount which at the date of registration was recoverable by way of rent or would have been so recoverable upon service of a notice or notices of increase under section 14 of this Act;

• " service element " means any amount calculated under paragraph 2 below;

• " services " means services provided by the landlord or a superior landlord;

• " specified sum " means £0.40 per week for a period which falls within the first year of the period of delay and £0.80 per week for a period which falls within the second year.

• (2) The Secretary of State may by order substitute for the specified sum, in relation to the first year of the period of delay or the second, or to the whole period, a sum other than the sum mentioned in sub-paragraph (1) above.

• (3) An order made under sub-paragraph (2) above—

• (a) may apply to any specified description of dwelling-houses,

• (b) may contain transitional and other supplemental and incidental provisions,

• (c) may be varied or revoked by a subsequent order so made, and

• (d) shall be contained in a statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Service element

2

• (1) Where—

• (a) the registered rent includes a payment in respect of services, and

• (b) the rent is not registered as a variable rent in accordance with section 47(4) of the Rent Act 1968 as applied by section 13 of this Act, but

• (c) not less than 5 per cent, of the amount of the registered rent is in the opinion of the rent officer or rent assessment committee fairly attributable to the services,

the amount so attributable shall be noted in the register.

• (2) In the cases mentioned in the first column of the Table below, the amount of the service element shall be calculated as specified in the second column.

Case	Service element
Case A. A specified amount or proportion was in the previous rent limit attributable to the provision of services, and came to less than the noted amount.	The service element is the difference between the amount or proportion and the noted amount.
Case B. No amount or proportion attributable to the provision of services is specified, but an amount less than the noted amount appears to the rent officer or rent assessment committee to have been attributable to such provision.	The service element is the difference between— an amount bearing to the previous rent limit the same proportion as the noted amount bears to the registered rent, and the noted amount.
Case C. No amount appears to the rent officer or rent assessment committee to have been attributable in the previous rent limit to the provision of services.	The service element is the noted amount.

• (3) The amount of the service element shall be recorded in the register, and in Case C above may be recorded by adding to the note under sub-paragraph (1) above a statement that the noted amount is the service element.

General formulae for calculating increases in rent

3

• (1) Subject to sub-paragraph (4) below, the permitted increase is an increase to an amount calculated in accordance with the formula set out in sub-paragraph (2) or (3) below, where PRL is the previous rent limit, SE is the service element, RR is the registered rent and SS is the specified sum.

• (2) The permitted increase for a period which falls within the first year of the period of delay is an increase to the greater of the following amounts namely—

• (a)

$PRL+SE+1/3[RR−(PRL+SE)];$

• (b)

$PRL+SE+SS.$

• (3) The permitted increase for a period which falls within the second year of the period of delay is an increase to the greater of the following amounts, namely—

• (a)

$PRL+SE+2/3[RR−(PRL+SE)];$

• (b)

$PRL+SE+SS.$

• (4) The maximum permitted increase by virtue of this Schedule is an increase to the registered rent.

Subsequent registrations

4

• (1) Where the registration of the rent is in a period of delay beginning with an earlier registration—

• (a) from the date of the registration the limitation under the period of delay beginning with the earlier registration shall cease to apply ; and

• (b) a fresh period of delay shall begin with the later registration.

• (2) This Schedule shall apply in relation to any such case as if the previous rent limit were the aggregate of the limit at the date of the earlier registration and any addition permitted under this Schedule in the portion of the earlier period of delay which elapsed before the later registration.

General

5

The amount of any service element or of any amount sought to be noted in the register in pursuance of this Schedule shall be included among the matters with respect to which representations may be made or consultations are to be held or notices given under Part I of Schedule 6 to the Rent Act 1968 as applied by section 13 of this Act.

6

In ascertaining for the purposes of this Schedule whether there is any difference between amounts, or what that difference is, such adjustments shall be made as may be necessary to take account of periods of different lengths ; and for that purpose a month shall be treated as one-twelfth and a week as one-fifty-second of a year.

7

• (1) Where a registration takes effect from a date earlier than the date of registration, references in this Schedule to the date of registration shall nonetheless be references to the later date.

• (2) Where a rent determined by a rent assessment committee is registered in substitution for a rent determined by a rent officer, the preceding provisions of this Schedule shall have effect as if only the rent determined by the rent assessment committee had been registered ; but the date of registration shall be deemed for the purposes of this Schedule (but not for the purposes of section 14(2) of this Act) to be the date on which the rent determined by the rent officer was registered.

SCHEDULE 7

1

After section 19(6A) insert the following subsection—

(6B) A person is also a private tenant if he is a statutory tenant under the Rent (Agriculture) Act 1976 and the rent payable under his tenancy is not less than two-thirds of the rateable value which is or was the rateable value of his dwelling on the appropriate day for the purposes of the Rent Act 1968.

2

After section 24(10) (statutory particulars of scheme to be given to new tenant) insert the following subsection—

(10A) Where a person— (a) first becomes a qualifying agricultural tenant of a dwelling, and (b) is then a statutory tenant in his own right, or a statutory tenant by succession whose predecessor was not at any time a qualifying agricultural tenant of the dwelling, subsection (10) above shall apply as if his landlord then granted him a new tenancy. In this subsection ' statutory tenant in his own right' and ' statutory tenant by succession' have the same meanings as in the Rent (Agriculture) Act 1976.

3

• (1) Section 26(1) (definitions) shall be amended as follows.

• (2) After the definition of " private tenant" insert the following words—

• ' qualifying agricultural tenant ' means a private tenant who is a statutory tenant under the Rent (Agriculture) Act 1976

.

• (3) In the definition of "landlord" after the words "Rent Act 1968 " insert the words " or the Rent (Agriculture) Act 1976 ".

• (4) In the definition of " sub-let" after the words " statutory tenancy as defined in the Rent Act 1968" insert the words " or under a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976 ".

4

In Schedule 3 after paragraph 1 insert the following paragraph—

(1A) (1) A scheme, in so far as it applies to a qualifying agricultural tenant, shall not be confined to rental periods beginning on or after the date when the scheme is made or comes into operation. (2) Paragraph 1 of this Schedule, and paragraph 4(1) of Schedule 4 to this Act, have effect subject to this paragraph.

5

In Schedule 4 after paragraph 14 insert the following paragraph—

(14A) (1) In ascertaining the amount of an allowance where the rent is payable by a qualifying agricultural tenant, the authority shall disregard— (a) if a rent is registered for the dwelling under Part IV of the Rent Act 1968, any rent paid in excess of that rent or in excess of the rent limit under Schedule 6 to the Rent (Agriculture) Act 1976, (b) if no rent is so registered, any rent paid in excess of the fair rent for the dwelling, as estimated by the authority on the basis that any furniture, services or board provided under the tenancy are disregarded except, as respects furniture or services, to the extent that they would fall to be taken into account (in pursuance of regulations made under section 25(3) of this Act) in calculating the occupational element of the rent. (2) Nothing in sub-paragraph (1) above shall affect the operation of paragraph 17 of Schedule 3 to this Act. (3) Where a tenant has paid on account of rent any amount which, by virtue of Part II or III of the Rent (Agriculture) Act 1976, is irrecoverable, the authority shall ascertain what the amount of the allowance would have been if the tenant had not paid the rent which is irrecoverable ; and the excess of the allowance actually made over that amount shall be treated for the purposes of paragraph 9 of this Schedule as an allowance which has been wrongly granted. (4) For the purpose of estimating a fair rent under this paragraph an authority may consult any rent officer appointed by virtue of section 40 of the Rent Act 1968 for the registration area in which the dwelling is situated.

6

In section 11(6) of the Rent Act 1974 (which amends section 25(1) of the Housing Finance Act 1972 and refers to paragraph 14 of Schedule 4 to that Act) after the words " paragraph 14 " insert the words " or 14A ".

Transitional

7

• (1) If the rent book or other document in which a landlord is required to insert statutory particulars by section 24(11) was issued before the prescribed date to a private tenant who was a statutory tenant under this Act, the landlord shall insert the statutory particulars in it not later than the expiration of a period of five months beginning with the prescribed date; but he shall insert them in any rent book or similar document issued to such a tenant on or after the prescribed date before issuing it to the tenant.

• (2) Sub-paragraph (1) above has effect in relation to a statutory tenant under this Act in substitution for the words in section 24(11) from " If the rent book " onwards.

• (3) The rental periods to which paragraph 1A of Schedule 3 (as amended by this Schedule) applies include any rental period beginning before the prescribed date.

• (4) In this paragraph the " prescribed date" means the date prescribed under section 32 of this Act.

SCHEDULE 8

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

1

At the end of section 14(2) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 add the following words—

or (c) is a dwelling-house which is subject to a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976.

2

At the end of section 18(3) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 add the following words—

or (c) where the premises are a dwelling-house subject to a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976.

Housing Repairs and Rents Act 1954 (c. 53)

3

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

Housing Act 1957 (c. 56)

4

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

5

In paragraph 7(2) of Schedule 2 to the Housing Act 1957 (interpretation), in the definition of " interest", after the words " the Rent Act 1968 " insert the words " or the Rent (Agriculture) Act 1976 ".

Housing (Financial Provisions) Act 1958 (c. 42)

6

In section 46 of the Housing (Financial Provisions) Act 1958 (Exchequer contributions for agricultural housing accommodation) after subsection (2) insert the following subsection—

(2A) The condition specified in paragraph (a) of subsection (1) of this section shall be deemed to be observed in relation to any house at any time if, at that time, the house is let on or subject to a protected or statutory tenancy to which section 10A of the Rent Act 1968 applies, or is subject to a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976.

County Courts Act 1959 (c. 22)

7

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

8

In section 109(4) of the County Courts Act 1959 (cases where appeal on question of fact excluded) for the words from " section 10 of the Rent Act 1968 " to " the Landlord and Tenant Act 1954 " substitute the following paragraphs—

(a) section 13(4) of the Landlord and Tenant Act 1954; (b) section 10 of the Rent Act 1968, as it applies to Cases 1 to 8 in Schedule 3 to that Act, or that section as extended or applied by any other enactment; (c) section 10A of the Rent Act 1968, as it applies to Cases 1 to 6 and Case 8 in Schedule 3 to that Act; or (d) Cases III to IX in Schedule 4 to the Rent (Agriculture) Act 1976;

.

Landlord and Tenant Act 1962 (c. 50)

9

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

Housing Act 1964 (c. 56)

10

In section 74(2) of the Housing Act 1964 (general effect of control order), after the words "the Rent Act 1968" insert the words " and the Rent (Agriculture) Act 1976 ".

11

In section 75 of the Housing Act 1964 (effect of control order on persons occupying house), for subsection (3) substitute the following subsections—

(3) Section 5 of the Rent Act 1968, that section as applied by Schedule 2 to the Rent (Agriculture) Act 1976 and section 5(2) to (4) of the said Act of 1976 (which exclude lettings by local authorities from being protected or statutory tenancies within the meaning of the said Act of 1968, and from being protected occupancies or statutory tenancies within the meaning of the said Act of 1976) shall not apply to any lease or agreement under which a person to whom this section applies is occupying any part of the house. (3A) If immediately before the control order came into force any person to whom this section applies was occupying part of the house under— (a) a protected or statutory tenancy, within the meaning of the Rent Act 1968, or (b) a protected occupancy or statutory tenancy, within the meaning of the Rent (Agriculture) Act 1976, nothing in this Part of this Act shall prevent the continuance of that tenancy or occupancy or affect the continued operation of the said Act of 1968 or, as the case may be, of the said Act of 1976 in relation to that tenancy or occupancy after the coming into force of the control Order.

New Towns Act 1965 (c. 59)

12

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

Rent Act 1965 (c. 75)

13

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

14

In section 33(1) of the Rent Act 1965 (special provisions with respect to agricultural employees) for the words "section 17(1) of the Agricultural Wages Act 1948 " substitute the words " section 1 of the Rent (Agriculture) Act 1976 " and at the end of that subsection add the words " but is not a statutory tenant as defined in the said Act of 1976 ".

15

In section 34 of the Rent Act 1965 (definition of " statutorily protected tenancy") after paragraph (a) insert the following paragraph—

(aa) a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976

.

Matrimonial Homes Act 1967 (c. 75)

16

In section 7 of the Matrimonial Homes Act 1967 (provision for case where Rent Act applies and marriage is terminated by divorce etc.)—

• (a) in subsection (1) for the words “a protected tenancy or of a statutory tenancy” substitute the words—

(a) a protected tenancy or statutory tenancy within the meaning of the Rent Act 1968, or (b) a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976

;

• (b) in subsection (2) after the words “protected tenancy” insert the words “within the meaning of the Rent Act 1968”;

• (c) in subsection (3) after the words “statutory tenancy”, in the first place where they occur, insert the words “within the meaning of the Rent Act 1968”;

• (d) after subsection (3) insert the following subsection—

(3A) Where the spouse is entitled as aforesaid to occupy the dwelling-house by virtue of a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976, the court may by order direct that, as from the date on which the decree is made absolute, that spouse shall cease to be entitled to occupy the dwelling-house and that his or her former spouse shall be deemed to be the tenant or, as the case may be, the sole tenant under that statutory tenancy; and a spouse who is deemed as aforesaid to be the tenant under a statutory tenancy shall be (within the meaning of that Act) a statutory tenant in his own right, or a statutory tenant by succession, according as his or her former spouse was a statutory tenant in his own right, or a statutory tenant by succession.

;

• (e) for subsection (8) substitute the following subsection—

(8) In this section— “landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to any dwelling-house, any person other than the tenant who is, or but for Part II of the Rent Act 1968 or Part II of the Rent (Agriculture) Act 1976 would be, entitled to possession of the dwelling-house; “tenancy” includes sub-tenancy.

Leasehold Reform Act 1967 (c. 88)

17

In section 16(1) of the Leasehold Reform Act 1967 (exclusion of further right after extension), at the end of paragraph (d) add the words “or under the Rent (Agriculture) Act 1976”.

18

In paragraph 3 of Schedule 2 to the Leasehold Reform Act 1967 (provisions applicable on termination of tenancy)—

• (a) in sub-paragraph (2) for the words “subsection (3)” substitute the words “subsection 5” and after the words “applying or extending it” insert the words “or under subsection (2) of section 9 of the Rent (Agriculture) Act 1976 as extended by subsection (5) of that section”, and

• (b) in sub-paragraph (3) after the words “that part of that Act” insert the words “or of the Rent (Agriculture) Act 1976”.

Rent Act 1968 (c. 23)

19

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

20

For section 18 of the Rent Act 1968 (effect on sub-tenancies of determination of superior tenancy) substitute the following section—

(18) (1) If a court makes an order for possession of a dwelling-house from a protected or statutory tenant, or from a protected occupier or statutory tenant as defined in the Rent (Agriculture) Act 1976, and the order is made by virtue of section 10(1) or 10A(2) of this Act or, as the case may be, under Part I of Schedule 4 to that Act, nothing in the order shall affect the right of any sub-tenant to whom the dwelling-house or any part of it has been lawfully sublet before the commencement of the proceedings to retain possession by virtue of this Part of this Act, nor shall the order operate to give a right to possession against any such sub-tenant. (2) Where a statutorily protected tenancy of a dwelling-house is determined, either as a result of an order for possession or for any other reason, any sub-tenant to whom the dwelling-house or any part of it has been lawfully sublet shall, subject to the provisions of this Act, be deemed to become the tenant of the landlord on the same terms as if the tenant's statutorily protected tenancy had continued. (3) Where a dwelling-house— (a) forms part of premises which have been let as a whole on a superior tenancy but do not constitute a dwelling-house let on a statutorily protected tenancy; and (b) is itself subject to a protected or statutory tenancy, then, from the coming to an end of the superior tenancy, this Act shall apply in relation to the dwelling-house as if, in lieu of the superior tenancy, there had been separate tenancies of the dwelling-house and of the remainder of the premises, for the like purposes as under the superior tenancy, and at rents equal to the just proportion of the rent under the superior tenancy. In this subsection ' premises' includes, if the sub-tenancy in question is a protected or statutory tenancy to which section 10A above applies, an agricultural holding within the meaning of the Agricultural Holdings Act 1948. (4) In subsections (2) and (3) above ' statutorily protected tenancy' means— (a) a protected or statutory tenancy ; (b) a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976 ; or (c) if the sub-tenancy in question is a protected or statutory tenancy to which section 10A above applies, a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1948. (5) Subject to subsection (6) below, a long tenancy of a dwelling-house which is also a tenancy at a low rent but which, had it not been a tenancy at a low rent, would have been a protected tenancy, shall be treated for the purposes of subsection (2) above as a statutorily protected tenancy. (6) Notwithstanding anything in subsection (5) above, subsection (2) above shall not have effect where the sub-tenancy in question was created (whether immediately or derivatively) out of a long tenancy falling within subsection (5) above and, at the time of the creation of the sub-tenancy,— (a) a notice to terminate the long tenancy had been given under section 4(1) of the Landlord and Tenant Act 1954 ; or (b) the long tenancy was being continued by section 3(1) of that Act; unless the sub-tenancy was created with the consent in writing of the person who at the time when it was created was the landlord, within the meaning of Part I of that Act. (7) The provisions of this section apply equally where a protected occupier of a dwelling-house, or part of a dwelling-house, has a relevant licence as defined in the Rent (Agriculture) Act 1976, and in this section ' tenancy ' and all cognate expressions shall be construed accordingly.

21

At the end of section 70(3) of the Rent Act 1968 (contracts to which Part VI does not apply) add the following words—

nor (d) to a protected occupancy as defined in the Rent (Agriculture) Act 1976

.

22

At the end of section 100(1) of the Rent Act 1968 (release from rent regulation) add the words " or the subject of a protected occupancy or statutory tenancy under the Rent (Agriculture) Act 1976 ".

23

At the end of section 104 of the Rent Act 1968 (obligation to notify sub-lettings of dwelling-houses let on or subject to protected or statutory tenancies) add the following subsection—

(4) In this section— (a) 'protected tenancy' includes a protected occupancy under the Rent (Agriculture) Act 1976, (b) 'statutory tenancy' includes a statutory tenancy under that Act

24

In section 107(1) of the Rent Act 1968 (powers of local authorities for the purposes of giving information) for paragraph (aa) substitute the following paragraphs—

(aa) to publish information, for the assistance of owners and occupiers of dwelling-houses and others, as to their rights and duties under the Rent (Agriculture) Act 1976 and as to the procedure for enforcing those rights or securing the performance of those duties, and (ab) to make any such information as mentioned in paragraph (a) or (aa) above available in any other way

.

25

In Schedule 1 to the Rent Act 1968 (statutory tenants by succession) after paragraph 9 insert the following paragraph—

(9A) (1) Paragraphs 5 to 8 above do not apply where— (a) the tenancy of the original tenant was granted on or after the operative date within the meaning of the Rent (Agriculture) Act 1976, and (b) both that tenancy and the statutory tenancy of the first successor were tenancies to which section 10A of this Act applies. (2) If the tenants under both of the tenancies within sub-paragraph (1)(b) above were persons to whom paragraph 7 of Schedule 9 to the Rent (Agriculture) Act 1976 applies, the reference in sub-paragraph (1)(a) above to the operative date shall be taken as a reference to the date of operation for forestry workers within the meaning of that Act.

26

• (1) After Schedule 3 to the Rent Act 1968 insert as Schedule 3A the following Schedule—

SCHEDULE 3A (1) The court is satisfied that suitable alternative accommodation is available for the tenant, or will be available for him when the order for possession takes effect. (2) Accommodation shall be deemed suitable in this Case if it consists of— (a) premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy, or (b) premises which are to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Part II of this Act in the case of a protected tenancy, and, in the opinion of the court, the accommodation fulfils the conditions in paragraph 3 below. (3) (1) The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work and either— (a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neigh-hood by the housing authority concerned for persons whose needs as regards extent are similar to those of the tenant and his family, or (b) reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent and character. (2) For the purposes of sub-paragraph (1)(a) above, a certificate of the housing authority concerned stating— (a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and (b) the amount of the rent charged by the housing authority concerned for dwelling-houses affording accommodation of that extent, shall be conclusive evidence of the facts so stated. (3) If any furniture was provided by the landlord for use under the tenancy, furniture must be provided for use in the alternative accommodation which is either similar, or is reasonably suitable to the needs of the tenant and his family. (4) Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of the Housing Act 1957. (5) Any document purporting to be a certificate of the housing authority concerned issued for the purposes of this Case and to be signed by the proper officer of the authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof. (6) In this Case no account shall be taken of accommodation as respects which an offer has been made, or notice has been given, as mentioned in paragraph 1 of Case II below. (7) In this Case and in Case II below ' the housing authority concerned ' means— (a) where the dwelling-house of which vacant possession is required is in a London borough, the council of that borough or the Greater London Council if they have agreed with them to discharge their functions under the Rent (Agriculture) Act 1976, (b) in the Isles of Scilly, the Council of those Isles, (c) in any other area, the local authority having functions under Part V of the Housing Act 1957 in relation to that area. (1) The housing authority concerned have made an offer in writing to the tenant of alternative accommodation which appears to them to be suitable, specifying the date when the accommodation will be available and the date (not being less than 14 days from the date of offer) by which the offer must be accepted OR The housing authority concerned have given notice in writing to the tenant that they have received from a person specified in the notice an offer in writing to rehouse the tenant in alternative accommodation which appears to the housing authority concerned to be suitable, and the notice specifies both the date when the accommodation will be available and the date (not being less than 14 days from the date when the notice was given to the tenant) by which the offer must, be accepted. (2) The landlord shows that the tenant accepted the offer (by the housing authority or other person) within the time duly specified in the offer. OR The landlord shows that the tenant did not so accept the offer, and the tenant does not satisfy the court that he acted reasonably in failing to accept the offer. (3) (1) The accommodation offered must in the opinion of the court fulfil the conditions of this paragraph. (2) The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work. (3) The accommodation must be reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent. (4) If the accommodation offered is available for a limited period only, the housing authority's offer or notice under paragraph 1 above must contain an assurance that other accommodation— (a) the availability of which is not so limited, (b) which appears to them to be suitable, and (c) which fulfils the conditions in paragraph 3 above, will be offered to the tenant as soon as practicable.

Housing Act 1969 (c. 33)

27

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

28

In paragraph 5(2) of Schedule 5 to the Housing Act 1969 (interpretation), in the definition of " interest", after the words " the Rent Act 1968 " insert the words " or the Rent (Agriculture) Act 1976 ".

Housing Finance Act 1972 (c. 47)

29

In section 91A of the Housing Finance Act 1972 (service charges), as inserted by section 124 of the Housing Act 1974, at the end of subsection (8) (cases unaffected by the section) insert the following words—

or (c) where the occupier is a protected occupier or statutory tenant as defined in the Rent (Agriculture) Act 1976

.

Housing Act 1974 (c. 44)

30

In section 104(1) of the Housing Act 1974 (interpretation of Part VIII) at the end of the definition of " occupying tenant" insert the following words—

or (e) is a statutory tenant of the dwelling, within the meaning of the Rent (Agriculture) Act 1976

.

31

In section 122(8) of the Housing Act 1974 (duty to inform tenant of assignment of landlord's interest) after the words "Rent (Scotland) Act 1971 " insert the words " and a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976 ".

Rent Act 1974 (c. 51)

32

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

Housing Rents and Subsidies Act 1975 (c. 6)

33

In section 7(3) of the Housing Rents and Subsidies Act 1975 (phasing of rent increases) for the words from "who" to the end substitute the words " to whom subsection (3A) below applies " and after that subsection insert the following subsection—

(3A) This subsection applies to a person who, at the date when the tenancy was granted, was either— (a) the tenant under a previous regulated tenancy of the dwelling-house, or a person who might succeed the tenant as a statutory tenant, or (b) a statutory tenant of the dwelling-house, within the meaning of the Rent (Agriculture) Act 1976, whose rent qualified for phasing under section 15 of that Act, or a person who might succeed such a tenant as a statutory tenant by succession, within the meaning of that Act.

SCHEDULE 9

Licence or tenancy granted before operative date: resident landlord on and after that date

1

A licence or tenancy which was granted before the operative date shall not be a relevant licence or tenancy if, on the assumption—

• (a) that it was granted on the operative date, and

• (b) that the condition in paragraph (b) of subsection (1) of section 5A of the Rent Act 1968 (no protected tenancy in certain cases where landlord’s interest belongs to resident landlord) was fulfilled,

it would be precluded from being a relevant licence or tenancy by virtue of the said section 5A as applied by Schedule 2 to this Act.

Protected occupancy arising on or after operative date

2

• (1) This paragraph applies as respects the question whether at any date which is on or after the operative date a person who has, in relation to a dwelling-house, a relevant licence or tenancy is a protected occupier of the dwelling-house.

• (2) So far as the question depends on prior circumstances, they shall be taken into account even if occurring before the operative date.

• (3) In applying this paragraph to section 2(3) or to section 3 of this Act (so that the question whether a person is a protected occupier depends on whether he or another person was, at a time before the material date, a protected occupier or statutory tenant) it shall be assumed that this Act and the provisions of the Rent Act 1968 which are applied by Schedule 2 to this Act, including (where relevant) any amendments to those provisions, were in force at all material times before the operative date.

Statutory tenancy arising on operative date

3

A person who is occupying a dwelling-house as his residence on the operative date shall become the statutory tenant of the dwelling-house if, on the assumption that this Act and the provisions of the Rent Act 1968 which are applied by Schedule 2 to this Act, including (where relevant) any amendments to those provisions, were in force at all material times before that date, he would be a statutory tenant of the dwelling-house on that date, and this Act shall thereafter apply to him, and by reference to him, on that assumption.

Statutory tenancy: order for possession before operative date

4

• (1) Where before the operative date a court has made an order for possession of a dwelling-house which on the operative date is subject to a statutory tenancy and the order has not been executed, the court may, on the application of the person against whom the order was made, rescind or vary the order in such manner as the court thinks fit for the purpose of giving effect to this Act.

• (2) If proceedings for possession of the dwelling-house are pending on the operative date, Part II of this Act shall apply as it would apply to proceedings commenced on the operative date.

Dwelling subject to Part VI contract: pending notice to quit

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• (1) In any case where—

• (a) before the operative date a notice to quit has been served in respect of a dwelling to which a Part VI contract then related, and

• (b) the period at the end of which that notice to quit takes effect had, before the operative date, been extended under Part VI of the Rent Act 1968, and

• (c) that period had not expired before the operative date, and

• (d) on the operative date the Part VI contract becomes a protected occupancy,