Rent Act 1977

Part I — Preliminary

Protected and statutory tenancies

Interpretation of Part IV.

1

Subject to this Part of this Act, a tenancy under which a dwelling-house (which may be a house or part of a house) is let as a separate dwelling is a protected tenancy for the purposes of this Act.

Statutory tenants and tenancies

2

• (1) Subject to this Part of this Act—

• (a) after the termination of a protected tenancy of a dwelling-house the person who, immediately before that termination, was the protected tenant of the dwelling-house shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it: and

• (b) Part 1 of Schedule 1 to this Act shall have effect for determining what person (if any)—

• (i) is the statutory tenant of the dwelling-house, or (as the case may be),

• (ii) in the case of a dwelling-house in England, is entitled to an assured tenancy of a dwelling-house by succession, or

• (iii) in the case of a dwelling-house in Wales, is entitled to a secure contract of a dwelling-house by succession,

at any time after the death of a person who, immediately before that person’s death, was either a protected tenant of the dwelling-house or a statutory tenant of it by virtue of paragraph (a) above.

• (2) In this Act a dwelling-house is referred to as subject to a statutory tenancy when there is a statutory tenant of it.

• (3) In subsection (1)(a) above and in Part I of Schedule 1, the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed as it was immediately before the commencement of this Act (that is to say, in accordance with section 3(2) of the Rent Act 1968).

• (4) A person who becomes a statutory tenant of a dwelling-house as mentioned in subsection (1)(a) above is, in this Act, referred to as a statutory tenant by virtue of his previous protected tenancy.

• (5) A person who becomes a statutory tenant as mentioned in subsection 1(b) above is, in this Act, referred to as a statutory tenant by succession.

Terms and conditions of statutory tenancies

3

• (1) So long as he retains possession, a statutory tenant shall observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with the provisions of this Act.

• (2) It shall be a condition of a statutory tenancy of a dwelling-house that the statutory tenant shall 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.

• (3) Subject to section 5 of the Protection from Eviction Act 1977 (under which at least 4 weeks’ notice to quit is required), a statutory tenant of a dwelling-house shall be entitled to give up possession of the dwelling-house if, and only if, he gives such notice as would have been required under the provisions of the original contract of tenancy, or, if no notice would have been so required, on giving not less than 3 months’ notice.

• (4) Notwithstanding anything in the contract of tenancy, 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.

• (5) Part II of Schedule 1 to this Act shall have effect in relation to the giving up of possession of statutory tenancies and the changing of statutory tenants by agreement.

Exceptions

Dwelling-houses above certain rateable values

4

• (1) A tenancy which is entered into before 1st April 1990 or (where the dwelling-house had a rateable value on 31st March 1990) is entered into on or after 1st April 1990 in pursuance of a contract made before that date is not a protected tenancy if the dwelling-house falls within one of the Classes set out in subsection (2) below.

• (2) Where alternative rateable values are mentioned in this subsection, the higher applies if the dwelling-house is in Greater London and the lower applies if it is elsewhere.

• Class A

• The appropriate day in relation to the dwelling-house falls or fell on or after 1st April 1973 and the dwelling-house on the appropriate day has or had a rateable value exceeding £1,500 or £750.

• Class B

• The appropriate day in relation to the dwelling-house fell on or after 22nd March 1973, but before 1st April 1973, and the dwelling-house—on the appropriate day had a rateable value exceeding £600 or £300, andon 1st April 1973 had a rateable value exceeding £1,500 or £750.

• Class C

• The appropriate day in relation to the dwelling-house fell before 22nd March 1973 and the dwelling-house—on the appropriate day had a rateable value exceeding £400 or £200, andon 22nd March 1973 had a rateable value exceeding £600 or £300, andon 1st April 1973 had a rateable value exceeding £1,500 or £750.

• (3) If any question arises in any proceedings whether a dwelling-house falls within a Class in subsection (2) above, by virtue of its rateable value at any time, it shall be deemed not to fall within that Class unless the contrary is shown.

• (4) A tenancy is not a protected tenancy if—

• (a) it is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and

• (b) under it the rent payable for the time being is payable at a rate exceeding £25,000 a year.

• (5) In subsection (4) above “rent” does not include any sum payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, council tax, services, repairs, maintenance or insurance, unless it could not have been regarded by the parties as a sum so payable.

• (6) If any question arises in any proceedings whether a tenancy is precluded from being a protected tenancy by subsection (4) above, the tenancy shall be deemed to be a protected tenancy unless the contrary is shown.

• (7) The Secretary of State may by order replace the amount referred to in subsection (4) above by an amount specified in the order; and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Tenancies at low rents

5

• (1) A tenancy which was entered into before 1st April 1990 or (where the dwelling-house under the tenancy had a rateable value on 31st March 1990) is entered into on or after 1st April 1990 in pursuance of a contract made before that date is not a protected tenancy if under the tenancy either no rent is payable or, . . . the rent payable is less then two-thirds of the rateable value which is or was the rateable value of the dwelling-house on the appropriate day.

• (2) Where—

• (a) the appropriate day in relation to a dwelling-house fell before 22nd March 1973, and

• (b) the dwelling-house had on the appropriate day a rateable value exceeding, if it is in Greater London, £400 or, if it is elsewhere, £200,

subsection (1) above shall apply in relation to the dwelling-house as if the reference to the appropriate day were a reference to 22nd March 1973.

• (2A) A tenancy is not a protected tenancy if—

• (a) it is entered into on or after the 1st April 1990 (otherwise than, where the dwelling-house under the tenancy had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and

• (b) under the tenancy for the time being either no rent is payable or the rent is payable at a rate of, if the dwelling-house is in Greater London, £1,000 or less a year, and, if the dwelling-house is elsewhere, £250 or less a year.

• (2B) Subsection (7) of section 4 above shall apply to any amount referred to in subsection (2A) above as it applies to the amount referred to in subsection (4) of that section.

• (3) In this Act a tenancy falling within subsection (1) above is referred to as a “tenancy at a low rent”.

• (4) In determining whether a long tenancy is a tenancy at a low rent, there shall be disregarded such part (if any) of the sums payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, council tax,services, repairs, maintenance, or insurance, unless it could not have been regarded by the parties as a part so payable.

• (5) In subsection (4) above “long tenancy” means a tenancy granted for a term certain exceeding 21 years, other than a tenancy which is, or may become, terminable before the end of that term by notice given to the tenant.

Dwelling-houses let with other land

6

Subject to section 26 of this Act, a tenancy is not a protected tenancy if the dwelling-house which is subject to the tenancy is let together with land other than the site of the dwelling-house.

Payments for board or attendance

7

• (1) A tenancy is not a protected tenancy if under the tenancy the dwelling-house is bona fide let at a rent which includes payments in respect of board or attendance.

• (2) For the purposes of subsection (1) above, a dwelling-house shall not be taken to be bona fide let at a rent which includes payments in respect of attendance unless the amount of rent which is fairly attributable to attendance, having regard to the value of the attendance to the tenant, forms a substantial part of the whole rent.

Lettings to students

8

• (1) A tenancy is not a protected tenancy if it is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution and is so granted either by that institution or by another specified institution or body of persons.

• (2) In subsection (1) above “specified” means specified, or of a class specified, for the purposes of this section by regulations made by the Secretary of State by statutory instrument.

• (3) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Holiday lettings

9

A tenancy is not a protected tenancy if the purpose of the tenancy is to confer on the tenant the right to occupy the dwelling-house for a holiday.

Agricultural holdings

10

• (1) A tenancy is not a protected tenancy if—

• (a) the dwelling-house is comprised in an agricultural holding and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding, or

• (b) the dwelling-house is comprised in the holding held under a farm business tenancy and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the management of the holding.

• (2) In subsection (1) above—

• “agricultural holding” means any agricultural holding within the meaning of the Agricultural Holdings Act 1986 held under a tenancy in relation to which that Act applies, and

• “farm business tenancy”, and “holding” in relation to such a tenancy, have the same meaning as in the Agricultural Tenancies Act 1995.

Licensed premises

11

A tenancy of a dwelling-house which consists of or comprises premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises shall not be a protected tenancy, nor shall such a dwelling-house be the subject of a statutory tenancy.

Resident landlords

12

• (1) Subject to subsection (2) below, a tenancy of a dwelling-house granted on or after 14th August 1974 shall not be a protected tenancy at any time if—

• (a) the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats, and

• (b) the tenancy was granted by a person who, at the time when he granted it, occupied as his residence another dwelling-house which—

• (i) in the case mentioned in paragraph (a) above, also forms part of the flat; or

• (ii) in any other case, also forms part of the building; and

• (c) subject to paragraph 1 of Schedule 2 to this Act, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to a person who, at the time he owned that interest, occupied as his residence another dwelling-house which—

• (i) in the case mentioned in paragraph (a) above, also formed part of the flat; or

• (ii) in any other case, also formed part of the building.

• (2) This section does not apply to a tenancy of a dwelling-house which forms part of a building if the tenancy is granted to a person who, immediately before it was granted, was a protected or statutory tenant of that dwelling-house or of any other dwelling-house in that building.

• (3) For the purposes of subsection (2) above, a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term.

• (4) Schedule 2 to this Act shall have effect for the purpose of supplementing this section.

Landlord's interest belonging to Crown

13

• (1) Except as provided by subsection (2) below—

• (a) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department; and

• (b) 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 or be held as mentioned in paragraph (a) above.

• (2) An interest belonging to Her Majesty in right of the Crown shall not prevent a tenancy from being a protected tenancy or a person from being a statutory tenant if the interest is under the management of the Crown Estate Commissioners.

Landlord's interest belonging to local authority, etc.

14

• (1) At the beginning A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to—

• (a) the council of a county or county borough;

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

• (bb) the Broads Authority;

• (bc) a National Park authority;

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

• (caa) a police and crime commissioner;

• (caaa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (cba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

• (cc) the London Fire Commissioner;

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

• (d) the English new towns residuary body ;

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

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) an urban development corporation within the meaning of Part XVI of the Local Government Planning and Land Act 1980; nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to any of those bodies

• (ga) a Mayoral development corporation;

• (h) a housing action trust established under Part III of the Housing Act 1988.

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In subsection (1)(d) “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.

Landlord's interest belonging to housing association, etc.

15

• (1) A tenancy . . . shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing association falling within subsection (3) below; nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to such a housing association.

• (2) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to—

• (a) the Regulator of Social Housing

• (b) a housing trust which is a charity ...;

nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to any of those bodies.

• (3) A housing association falls within this subsection if—

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

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

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

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

• (5) In subsection (2) above “housing trust” means a corporation or body of persons which—

• (a) is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation; or