Rent (Agriculture) Act 1976

the notice to quit shall take effect on the day following the operative date (whenever it would otherwise take effect) and, accordingly, on that day the protected occupancy shall become a statutory tenancy.

• (2) In this paragraph “Part VI contract” has the meaning given by section 70(6) of the Rent Act 1968.

Section 10A tenancy: order for possession before operative date

6

• (1) This paragraph applies to a dwelling-house which is let on or subject to a tenancy which is a protected or statutory tenancy for the purposes of the Rent Act 1968 and which—

• (a) if it were a tenancy at a low rent, and

• (b) if (where relevant) any earlier tenancy granted to the tenant, or to a member of his family, had been a tenancy at a low rent,

would be a protected occupancy or statutory tenancy (that is to say a tenancy to which section 10A of that Act, inserted by this Act, applies).

• (2) Where—

• (a) before the operative date a court has made an order for possession of the dwelling-house, and

• (b) the order has not been executed, and

• (c) the order was made under Case 7, 12, 13 or 14 of Schedule 3 to the Rent Act 1968,

the court shall on the application of the person against whom the order was made rescind the order, or vary it in such manner as the court thinks fit for the purposes of giving effect to the said section 10A.

• (3) If proceedings for an order for possession of a dwelling-house are pending on the operative date, the said section 10A shall apply to the proceedings as it would apply to proceedings commenced on the operative date.

Forestry workers

7

• (1) This paragraph applies to a person—

• (a) who becomes a protected occupier or statutory tenant at a time on or after the date of operation for forestry workers, and

• (b) who, if the date of operation for forestry workers fell after that time, would not at that time (having regard to the provisions of paragraph 9 of Schedule 3 to this Act) have become a protected occupier or statutory tenant.

• (2) In relation to such a person references to the operative date in—

• (a) Cases VIII, X, XI and XII of Schedule 4, and

• (b) paragraphs 4 and 5 of this Schedule,

shall be taken as references to the date of operation for forestry workers.

• (3) In determining in accordance with paragraphs 1, 2 and 3 of this Schedule whether a person is a protected occupier or statutory tenant who would be a person to whom this paragraph applies, references in those paragraphs to the operative date shall be taken as references to the date of operation for forestry workers.

• (4) If, on the assumptions in paragraphs (a) and (b) of paragraph 6(1) of this Schedule the tenant would be a person to whom this paragraph applies, references to the operative date in sub-paragraphs (2) and (3) of that paragraph shall be taken as references to the date of operation for forestry workers.

Interpretation and commencement.

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

Registered rents.

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

• (1) 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 1977, 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 VII of the Rent Act 1977 in the case of a protected tenancy,

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 Part X of the Housing Act 1985.

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

OR

Case IV

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 civil partner, or

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

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 or Part V of the Rent Act 1977 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.

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 the 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

Editorial notes