Rent Act 1977

• (c) the period at the end of which the notice to quit takes effect (whether by virtue of the contract, of section 103 of this Act or of this section) has not expired,

he lessee may apply to the appropriate tribunal for the extension of that period.

• (2) Where an application is made under this section, the notice to quit to which the application relates shall not have effect before the determination of the application unless the application is withdrawn.

• (3) On an application under this section, the appropriate tribunal , after making such inquiry as they think fit and giving to each party an opportunity of being heard or, at his option, of submitting representations in writing, may direct that the notice to quit shall not have effect until the end of such period, not exceeding 6 months from the date on which the notice to quit would have effect apart from the direction, as may be specifed in the direction.

• (4) If the appropriate tribunal refuse to give a direction under this section,—

• (a) the notice to quit shall not have effect before the expiry of 7 days from the determination of the application; and

• (b) no subsequent application under this section shall be made in relation to the same notice to quit.

• (5) On coming to a determination on an application under this section, the appropriate tribunal shall notify the parties of their determination.

Notices to quit served by owner-occupiers

105

Where a person who has occupied a dwelling as a residence (in this section referred to as “the owner-occupier”) has, by virtue of a restricted contract, granted the right to occupy the dwelling to another person and—

• (a) at or before the time when the right was granted (or, if it was granted before 8th December 1965, not later than 7th June 1966) the owner-occupier has given notice in writing to that other person that he is the owner-occupier within the meaning of this section, and

• (b) if the dwelling is part of a house, the owner-occupier does not occupy any other part of the house as his residence,

neither section 103 nor 104 of this Act shall apply where a notice to quit the dwelling is served if, at the time the notice is to take effect, the dwelling is required as a residence for the owner-occupier or any member of his family who resided with him when he last occupied the dwelling as a residence.

Reduction of period of notice on account of lessee's default

106

• (1) Subsections (2) and (3) below apply where a restricted contract has been referred to the appropriate tribunal and the period at the end of which a notice to quit will take effect has been determined by virtue of section 103 of this Act or extended under section 104.

• (2) If, in a case where this subsection applies, it appears to the appropriate tribunal , on an application made by the lessor for a direction under this section,—

• (a) that the lessee has not complied with the terms of the contract, or

• (b) that the lessee or any person residing or lodging with him has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers or has been convicted of using the dwelling, or allowing the dwelling to be used, for an immoral or illegal purpose, or

• (c) that the condition of the dwelling has deteriorated owing to any act or neglect of the lessee or any person residing or lodging with him, or

• (d) that the condition of any furniture provided for the use of the lessee under the contract has deteriorated owing to any ill-treatment by the lessee or any person residing or lodging with him,

the appropriate tribunal may direct that the period referred to in subsection (1) above shall be reduced so as to end at a date specified in the direction.

• (3) No application may be made under section 104 of this Act with respect to a notice to quit if a direction has been given under subsection (2) above reducing the period at the end of which the notice is to take effect.

• (4) In any case where—

• (a) a notice to quit a dwelling which is the subject of a restricted contract has been served, and

• (b) the period at the end of which the notice to quit takes effect is for the time being extended by virtue of section 103 or 104 of this Act, and

• (c) at some time during that period the lessor institutes proceedings in the county court for the recovery of possession of the dwelling, and

• (d) in those proceedings the county court is satisfied that any of paragraphs (a) to (d) of subsection (2) above applies,

the court may direct that the period referred to in paragraph (b) above shall be reduced so as to end at a date specified in the direction

Miscellaneous

Interpretation of Part VII

107

• (1) In this Part of this Act, except where the context otherwise requires—

• “appropriate tribunal” means—in relation to a dwelling in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; andin relation to a dwelling in Wales, a rent assessment committee;

• “dwelling” means a house or part of a house;

• “lessee” means the person to whom is granted, under a restricted contract, the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantee; and

• “lessor” means the person who, under a restricted contract, grants to another the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantor.

• (2) References in this Part of this Act to a party to a contract include references to any person directly or indirectly deriving title from such a party.

Part VIII — Conversion of Controlled Tenancies into Regulated Tenancies

Dwelling-houses in good repair and provided with standard amenities

Conversion of controlled tenancies

108

Application for qualification certificate

109

• (1) An application for a qualification certificate must state the name of the tenant under the controlled tenancy, and may be combined with an application for a grant under Part VII of the Housing Act 1974.

• (2) Before considering an application for a qualification certificate the local authority shall serve on the person named in the application as the tenant a copy of the application and, where subsection (3) below applies, the notice required by that subsection.

• (3) Subject to subsection (4) below and to section 110 of this Act, the local authority shall serve on the person so named a notice in the prescribed form—

• (a) informing him that he may, within 28 days from the service of the notice or such other period as may be prescribed, make representations to the authority that the dwelling-house does not satisfy the qualifying conditions, and

• (b) containing such other information or explanation of the effect of this Part of this Act as may be prescribed.

• (4) Subsection (3) above shall not apply where the local authority have approved an application for a grant under section 2(1) or 9(1) of the Housing Act 1969 or section 61(1) or 65(1) of the Housing Act 1974 in respect of a dwelling-house and the work specified in the application for the grant has been carried out.

• (5) Where, after considering any representations made in pursuance of subsection (3) above (where that subsection applies), the local authority are satisfied that the dwelling-house satisfies the qualifying conditions, they shall issue to the applicant a qualification certificate, but if they are not so satisfied they shall give notice to the applicant of their refusal of his application containing a written statement of their reasons for the refusal.

• (6) The local authority shall send a copy of the certificate or of the notice of refusal to the tenant.

Certificate of provisional approval

110

• (1) If an application for a qualification certificate is made at a time when the dwelling-house lacks one or more of the standard amenities, the application must state what works are required for the qualifying conditions to be satisfied, and must be accompanied by plans and specifications of those works.

• (2) Where the application contains such a statement, section 109(3) of this Act shall not apply.

• (3) If it appears to the local authority that the dwelling-house will satisfy the qualifying conditions when the works specified in the application have been carried out, the local authority shall approve the application provisionally and shall issue to the applicant a certificate of provisional approval, and send a copy thereof to the tenant.

• (4) Where the local authority decide not to issue a certificate of provisional approval, they shall give the applicant a written statement of their reasons for the refusal, and the application for a qualification certificate shall be dismissed,

• (5) When it is shown to the satisfaction of the local authority, after issue of a certificate of provisional approval—

• (a) that the works specified in the relevant application have been carried out, and

• (b) that the dwelling-house is then in the state in which it would be expected to be after the carrying out of the works,

they shall issue the qualification certificate applied for (but without prejudice to their power of issuing a qualification certificate where the qualifying conditions are satisfied although the specified works have not been carried out in whole or in part).

Certificate of fair rent

111

• (1) Where an application for a qualification certificate is, or is to be, made in respect of a dwelling-house which lacks one or more of the standard amenities, the applicant may apply for a certificate of fair rent. Schedule 12 to this Act shall have effect with respect to such an application.

• (2) The application shall be accompanied by plans and specifications of the works required for the qualifying conditions to be satisfied.

• (3) A certificate of fair rent issued on the application shall specify the rent which would be a fair rent under the regulated tenancy that might arise by virtue of section 108 of this Act if the works shown in the plans and specifications were carried out.

• (4) If the applicant for a qualification certificate has obtained a certificate of fair rent on an application under this section, and supplies to the local authority a copy of the certificate of fair rent, and—

• (a) certifies to the local authority that the plans and specifications accompanying the application for the certificate of fair rent were the same as those which accompanied his application for a qualification certificate, or

• (b) supplies to the local authority copies of the plans and specifications which accompanied his application for the certificate of fair rent,

the local authority shall, if they issue a qualification certificate, state that the landlord has complied with the provisions of this subsection as respects the certificate of fair rent, and shall also state whether the works specified in the plans and specifications accompanying the application for the certificate of fair rent have been carried out, and give particulars of any respect in which they have not been carried out.

Registration of rent

112

• (1) Where a controlled tenancy of a dwelling-house has become a regulated tenancy on the issue of a qualification certificate, an application for the first registration of a rent for the dwelling-house shall be accompanied by a copy of the qualification certificate.

• (2) Where a certificate of fair rent has been issued under this Part of this Act and an application for the first registration of a rent for the dwelling-house is made not later than 2 years after the issue of the certificate of fair rent, Part III of Schedule 11 to this Act shall have effect with respect to the application instead of Part II.

Appeal to county court

113

• (1) Within 28 days of the service on him under section 109(5) of this Act of a notice of refusal to grant a qualification certificate, or such longer period as the county court may allow, the applicant for a qualification certificate may appeal to the county court on the ground that the certificate ought to be issued; and on such an appeal the court may confirm the refusal, or order the local authority to issue the certificate.

• (2) Within 28 days of the service on him under section 109(6) of this Act of a copy of a qualification certificate, or such longer period as the county court may allow, the tenant may appeal to the county court on either or both of the following grounds:—

• (a) that the certificate ought not to have been issued ;

• (b) that the certificate is invalid by reason of a failure to comply with any requirement of this Part of this Act or of some informality, defect or error ;

and on any such appeal the court may confirm or quash the certificate.

• (3) If an appeal under subsection (2) above is on the ground mentioned in paragraph (b), the court shall confirm the certificate unless satisfied that the interests of the appellant have been substantially prejudiced by the facts relied on by him.

• (4) On an appeal under this section, the court—

• (a) shall have regard to the state of the dwelling-house at the time of the hearing as well as at the time of the issue or refusal of the certificate, and

• (b) shall make no order for costs unless it appears to the court, having regard to the conduct of the parties and all other circumstances, that it would be equitable to do so.

• (5) Any certificate issued in pursuance of an order made under subsection (1) above shall be deemed to be issued on the date of the order.

• (6) Where a qualification certificate with respect to any dwelling-house is quashed by an order under this section after a rent for the dwelling-house has been registered in pursuance of this Part of this Act, the registration shall be deemed never to have had effect and the rent officer shall delete it on being informed of the order.

Phasing of rent increases

Phasing of rent increases after conversion

114

Miscellaneous

Converted tenancies: modification of Act

115

Consent of tenant

116

• (1) This section applies where a dwelling-house is subject to a statutory tenancy and the landlord wishes to carry out works which can not be carried out without the consent of the tenant.

• (2) If the tenant is unwilling to give his consent, then, if either of the conditions specified in subsections (3) and (3A) below is satisfied, the county court may, on the application of the landlord, make an order empowering him to enter and carry out the works.

• (3) The first of the conditions referred to in subsection (2) above is that the works were specified in an application for a . . . grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 and the application has been approved.

• (3A) The second of those conditions is that assistance was or is to be provided in relation to the carrying out of the works under article 3 of the Regulatory Reform (Housing Assistance)(England and Wales) Order 2002

• (4) An order under subsection (2) above may be made subject to such conditions as to the time at which the works are to be carried out and as to any provision to be made for the accommodation of the tenant and his household while they are carried out as the court may think fit.

• (5) Where such an order is made subject to any condition as to time, compliance with that condition shall be deemed to be also compliance with any condition imposed by the local housing authority under section 37 of the Housing Grants, Construction and Regeneration Act 1996.

• (6) In determining whether to make such an order and, if it is made, what (if any) conditions it should be subject to, the court shall have regard to all the circumstances and in particular to—

• (a) any disadvantage to the tenant that might be expected to result from the works, and

• (b) the accommodation that might be available for him whilst the works are carried out, and

• (c) the age and health of the tenant,

but the court shall not take into account the means or resources of the tenant.

Regulations

117

Interpretation of Part VIII

118

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

Part IX — Premiums, Etc.

Prohibition of premiums and loans on grant of protected tenancies

119

• (1) Any person who, as a condition of the grant, renewal or continuance of a protected tenancy, requires, in addition to the rent, the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence.

• (2) Any person who, in connection with the grant, renewal or continuance of a protected tenancy, receives any premium in addition to the rent shall be guilty of an offence.

• (3) A person guilty of an offence under this section shall be liable to a fine not exceeding level 3 on the standard scale.

• (4) The court by which a person is convicted of an offence under this section relating to requiring or receiving any premium may order the amount of the premium to be repaid to the person by whom it was paid.

Prohibition of premiums and loans on assignment of protected tenancies

120

• (1) Subject to section 121 of this Act, any person who, as a condition of the assignment of a protected tenancy, requires the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence.

• (2) Subject to section 121 of this Act, any person who, in connection with the assignment of a protected tenancy, receives any premium shall be guilty of an offence.

• (3) Notwithstanding anything in subsections (1) and (2) above, an assignor of a protected tenancy of a dwelling-house may, if apart from this section he would be entitled to do so, require the payment by the assignee or receive from the assignee a payment—

• (a) of so much of any outgoings discharged by the assignor as is referable to any period after the assignment takes effect;

• (b) of a sum not exceeding the amount of any expenditure reasonably incurred by the assignor in carrying out any structural alteration of the dwelling-house or in providing or improving fixtures therein, being fixtures which, as against the landlord, he is not entitled to remove;

• (c) where the assignor became a tenant of the dwelling-house by virtue of an assignment of the protected tenancy, of a sum not exceeding any reasonable amount paid by him to his assignor in respect of expenditure incurred by that assignor, or by any previous assignor of the tenancy, in carrying out any such alteration or in providing or improving any such fixtures as are mentioned in paragraph (b) above; or

• (d) where part of the dwelling-house is used as a shop or office, or for business, trade or professional purposes, of a reasonable amount in respect of any goodwill of the business, trade or profession, being goodwill transferred to the assignee in connection with the assignment or accruing to him in consequence thereof.

• (4) Without prejudice to subsection (3) above, the assignor shall not be guilty of an offence under this section by reason only that—

• (a) any payment of outgoings required or received by him on the assignment was a payment of outgoings referable to a period before the assignment took effect; or

• (b) any expenditure which he incurred in carrying out structural alterations of the dwelling-house or in providing or improving fixtures therein and in respect of which he required or received the payment of any sum on the assignment was not reasonably incurred; or

• (c) any amount paid by him as mentioned in subsection (3)(c) above was not a reasonable amount; or

• (d) any amount which he required to be paid, or which he received, on the assignment in respect of goodwill was not a reasonable amount.

• (5) Notwithstanding anything in subsections (1) and (2) above, Part I of Schedule 18 to this Act shall have effect in relation to the assignment of protected tenancies which are regulated tenancies in cases where a premium was lawfully required or received at the commencement of the tenancy.

• (6) A person guilty of an offence under this section shall be liable to a fine not exceeding level 3 on the standard scale.

• (7) The court by which a person is convicted of an offence under this section relating to requiring or receiving any premium may order the amount of the premium, or so much of it as cannot lawfully be required or received under this section (including any amount which, by virtue of subsection (4) above, does not give rise to an offence), to be repaid to the person by whom it was paid.

Tenancies which became regulated by virtue of Counter-Inflation Act 1973

121

Part II of Schedule 18 to this Act shall have effect where a premium was lawfully required and paid on the grant, renewal or continuance of a regulated tenancy—

• (a) which was granted before 8th March 1973, and

• (b) which would not have been a regulated tenancy, but for section 14(1) of the Counter-Inflation Act 1973 (which brought certain tenancies of dwelling-houses with high rateable values within the protection of the Rent Act 1968).

Prohibition of premiums on grant or assignment of rights under restricted contracts

122

• (1) This section applies in relation to any premises if—

• (a) under Part V of this Act, a rent is registered for those premises in the register kept in pursuance of section 79 or 79A of this Act; and

• (b) in a case where the approval, reduction or increase of the rent by the appropriate tribunal is limited to rent payable in respect of a particular period, that period has not expired.

• (2) Any person who, as a condition of the grant, renewal, continuance or assignment of rights under a restricted contract, requires the payment of any premium shall be guilty of an offence.

• (3) Nothing in subsection (2) above shall prevent a person from requiring—

• (a) that there shall be paid so much of any outgoings discharged by a grantor or assignor as is referable to any period after the grant or assignment takes effect; or

• (b) that there shall be paid a reasonable amount in respect of goodwill of a business, trade, or profession, where the goodwill is transferred to a grantee or assignee in connection with the grant or assignment or accrues to him in consequence thereof.

• (4) A person guilty of an offence under this section shall be liable to a fine not exceeding level 3 on the standard scale.

• (5) The court by which a person is convicted of an offence under this section may order the amount of the premium, or so much of it as cannot lawfully be required under this section, to be repaid to the person by whom it was paid.

Excessive price for furniture to be treated as premium

123

Where the purchase of any furniture has been required as a condition of the grant, renewal, continuance or assignment—

• (a) of a protected tenancy, or

• (b) of rights under a restricted contract which relates to premises falling within section 122(1) of this Act,

then, if the price exceeds the reasonable price of the furniture, the excess shall be treated, for the purposes of this Part of this Act, as if it were a premium required to be paid as a condition of the grant, renewal, continuance or assignment of the protected tenancy or, as the case may be, the rights under the restricted contract.

Punishment of attempts to obtain from prospective tenants excessive prices for furniture

124

• (1) Any person who, in connection with the proposed grant, renewal, continuance or assignment, on terms which require the purchase of furniture, of a protected tenancy—

• (a) offers the furniture at a price which he knows or ought to know is unreasonably high, or otherwise seeks to obtain such a price for the furniture, or

• (b) fails to furnish, to any person seeking to obtain or retain accommodation whom he provides with particulars of the tenancy, a written inventory of the furniture, specifying the price sought for each item,

shall be liable to a fine not exceeding level 3 on the standard scale.

• (2) Where a local authority have reasonable grounds for suspecting that an offence under subsection (1)(a) above has been committed with respect to a protected tenancy or proposed protected tenancy of a dwelling-house, they may give notice to the person entitled to possession of the dwelling-house or his agent that, on such date as may be specified in the notice, which shall not be earlier than—

• (a) 24 hours after the giving of the notice, or

• (b) if the dwelling-house is unoccupied, the expiry of such period after the giving of the notice as may be reasonable in the circumstances,

facilities will be required for entry to the dwelling-house and inspection of the furniture therein.

• (3) A notice under this section may be given by post.

• (4) Where a notice is given under this section, any person authorised by the local authority may avail himself of any facilities for such entry and inspection as are referred to in subsection (2) above which are provided on the specified date but shall, if so required, produce some duly authenticated document showing that he is authorised by the local authority.

• (5) If it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that a person required to give facilities under this section has failed to give them, the justice may, by warrant under his hand, empower the local authority, by any person authorised by them, to enter the dwelling-house in question, if need be by force, and inspect the furniture therein.

• (6) A person empowered by or under the preceding provisions of this section to enter a dwelling-house may take with him such other persons as may be necessary and, if the dwelling-house is unoccupied, shall leave it as effectively secured against trespassers as he found it.

• (7) Any person who wilfully obstructs a person acting in pursuance of a warrant issued under subsection (5) above shall be liable on a first conviction to a fine not exceeding £20 and, on a second or subsequent conviction, to a fine not exceeding £50.

• (8) In this section “local authority” means the council of a district (or, in a county in England in which there are no districts having a district council, the council of the county) or the council of a London borough or the Common Council of the City of London or, in Wales, the council of a county or county borough.

Recovery of premiums and loans unlawfully required or received

125

• (1) Where under any agreement (whether made before or after the commencement of this Act) any premium is paid after the commencement of this Act and the whole or any part of that premium could not lawfully be required or received under the preceding provisions of this Part of this Act, the amount of the premium or, as the case may be, so much of it as could not lawfully be required or received, shall be recoverable by the person by whom it was paid.

• (2) Nothing in section 119 or 120 of this Act shall invalidate any agreement for the making of a loan or any security issued in pursuance of such an agreement but, notwithstanding anything in the agreement for the loan, any sum lent in circumstances involving a contravention of either of those sections shall be repayable to the lender on demand.

Avoidance of requirements for advance payment of rent in certain cases

126

• (1) Where a protected tenancy which is a regulated tenancy is granted, continued or renewed, any requirement that rent shall be payable—

• (a) before the beginning of the rental period in respect of which it is payable, or

• (b) earlier than 6 months before the end of the rental period in respect of which it is payable (if that period is more than 6 months),

shall be void, whether the requirement is imposed as a condition of the grant, renewal or continuance of the tenancy or under the terms thereof.

• (2) Any requirement avoided by subsection (1) above is, in this section, referred to as a “prohibited requirement”.

• (3) Rent for any rental period to which a prohibited requirement relates shall be irrecoverable from the tenant.

• (4) Any person who purports to impose any prohibited requirement shall be liable to a fine not exceeding level 3 on the standard scale, and the court by which he is convicted may order any amount of rent paid in compliance with the prohibited requirement to be repaid to the person by whom it was paid.

• (5) Where a tenant has paid on account of rent any amount which, by virtue of this section, is irrecoverable the tenant shall be entitled to recover that amount from the landlord who received it or his personal representatives.

• (6) Any amount which a tenant is entitled to recover under subsection (5) above may, without prejudice to any other method of recovery, be deducted by the tenant from any rent payable by him to the landlord.

• (7) No amount which a tenant is entitled to recover under subsection (5) above shall be recoverable at any time after the expiry of 2 years from the date of payment.

• (8) Any person who, in any rent book or similar document makes an entry showing or purporting to show any tenant as being in arrears in respect of any sum on account of rent which is irrecoverable by virtue of this section shall be liable to a fine not exceeding level 3 on the standard scale, unless he proves that, at the time of the making of the entry, the landlord has a bona fide claim that the sum was recoverable.

• (9) If, where any such entry has been made by or on behalf of any landlord, the landlord on being requested by or on behalf of the tenant to do so, refuses or neglects to cause the entry to be deleted within 7 days, the landlord shall be liable to a fine not exceeding level 3 on the standard scale, unless he proves that, at the time of the neglect or refusal to cause the entry to be deleted, he had a bona fide claim that the sum was recoverable.

Allowable premiums in relation to certain long tenancies

127

• (1) Where a tenancy is both a long tenancy within the meaning of Part I of the Landlord and Tenant Act 1954 and a protected tenancy, then—

• (a) if the conditions specified in subsection (2) below are satisfied with respect to it, nothing in this Part of this Act or in Part VII of the Rent Act 1968 (provisions superseded by this Part) or the enactments replaced by the said Part VII shall apply or be deemed ever to have applied to the tenancy;

• (b) if any of those conditions are not satisfied with respect to it, Part II of Schedule 18 to this Act shall apply and, if the tenancy was granted before the passing of this Act, be deemed always to have applied to it.

• (2) The conditions mentioned in subsection (1)(a) above are—

• (a) that the tenancy is not, and cannot become, terminable within 20 years of the date when it was granted by notice given to the tenant; and

• (b) that, unless the tenancy was granted before 25th July 1969 or was granted in pursuance of Part I of the Leasehold Reform Act 1967, the sums payable by the tenant otherwise than in respect or rates, services, repairs, maintenance or insurance are not, under the terms of the tenancy, varied or liable to be varied within 20 years of the date when it was granted nor, thereafter, more than once in any 21 years; and

• (c) that the terms of the tenancy do not inhibit both the assignment and the underletting of the whole of the premises comprised in the tenancy.

• (3) Where the condition specified in subsection (2)(b) above would be satisfied with respect to a sub-tenancy but for a term providing for one variation, within 20 years of the date when the sub-tenancy was granted, of the sums payable by the sub-tenant, that condition shall be deemed to be satisfied notwithstanding that term, if it is satisfied with respect to a superior tenancy of the premises comprised in the sub-tenancy (or of those and other premises).

• (3A) If the conditions in subsection (3B) below are satisfied in respect of a tenancy, this Part of this Act shall not apply to that tenancy and, together with Part VII of the Rent Act 1968 and the enactments replaced by Part VII, shall be deemed never to have applied to it.

• (3B) The conditions are that—

• (a) the tenancy was granted before 16th July 1980;

• (b) a premium was lawfully required and paid on the grant of the tenancy;

• (c) the tenancy was, at the time when it was granted, a tenancy at a low rent; and

• (d) the terms of the tenancy do not inhibit both the assignment and the underletting of the whole of the premises comprised in the tenancy.

• (3C) If the conditions in subsection (3D) below are satisfied in respect of a tenancy, this section shall have effect, in relation to that tenancy, as if for the words “20 years” and “21 years”, in subsection (2)(b) and (3) above there were substituted, respectively, the words “6 years” and “7 years”.

• (3D) The conditions are that—

• (a) the tenancy is granted after 15th July 1980;

• (b) at the time when it is granted it is a tenancy at a low rent; and

• (c) the terms of the tenancy ensure that any variation of the sums payable by the tenant otherwise than in respect of rates, services, repairs or maintenance, cannot lead to those sums exceeding an annual rate of two-thirds of the rateable value of the dwelling-house at the date when the variation is made.

For the purposes of this subsection the rateable value of a dwelling-house shall be ascertained in accordance with section 25 of this Act (disregarding subsection (4)) by reference to the value shown in the valuation list at the date when the variation is made.

• (4) Nothing in this section shall affect the recovery, in pursuance of any judgment given or order or agreement made before 20th May 1969, of any amount which it was not lawful to receive under the law in force at the time it was received.

• (5) In this section “grant” includes continuance and renewal and for the purposes of subsections (2)(c) and (3B)(d) above the terms of a tenancy inhibit an assignment or underletting if they—

• (a) preclude it; or

• (b) permit it subject to a consent but exclude section 144 of the Law of Property Act 1925 (no payment in nature of fine); or

• (c) permit it subject to a consent but require in connection with a request for consent the making of an offer to surrender the tenancy.

Interpretation of Part IX

128

• (1) In this Part of this Act, unless the context otherwise requires,—

• “furniture” includes fittings and other articles; and

• “premium” includes—

• (a) any fine or other like sum;

• (b) any other pecuniary consideration in addition to rent; and

• (c) any sum paid by way of a deposit, other than one which does not exceed one-sixth of the annual rent and is reasonable in relation to the potential liability in respect of which it is paid.

• (2) For the avoidance of doubt it is hereby declared that nothing in this Part of this Act shall render any amount recoverable more than once.

Part X — Mortgages

Mortgages to which Part X applies

129

• (1) This Part of this Act is concerned with mortgages which—

• (a) were created before the relevant date, and

• (b) are regulated mortgages as defined in section 131 of this Act.

• (2) For the purposes of this Part of this Act, “relevant date”—

• (a) in a case where, on 28th November 1967, land consisting of or including a dwelling-house was subject to a long tenancy which became a regulated tenancy on that date by virtue of section 39 of the Leasehold Reform Act 1967, means, in relation to that land, 28th November 1967;

• (b) in a case where, on 22nd March 1973, land consisting of or including a dwelling-house was subject to a tenancy which became a regulated tenancy by virtue of section 14 of the Counter-Inflation Act 1973, means, in relation to that land, 22nd March 1973;

• (c) in the case of land consisting of or including a dwelling-house subject to a regulated furnished tenancy, means, in relation to that land, 14th August 1974; and

• (d) in any other case, means 8th December 1965.

Controlled mortgages

130

Regulated mortgages

131

• (1) Subject to subsection (2) below, a mortgage which falls within section 129(1)(a) of this Act . . . is a regulated mortgage if—

• (a) it is a legal mortgage of land consisting of or including a dwelling-house which is let on or subject to a regulated tenancy, and

• (b) the regulated tenancy is binding on the mortgagee.

• (2) Notwithstanding that a mortgage falls within subsection (1) above, it is not a regulated mortgage if—

• (a) the rateable value on the appropriate day of the dwelling-house which falls within subsection (1)(a) above or, if there is more than one such dwelling-house comprised in the mortgage, the aggregate of the rateable values of those dwelling-houses on the appropriate day is less than one-tenth of the rateable value on the appropriate day of the whole of the land comprised in the mortgage, or

• (b) the mortgagor is in breach of covenant, but for this purpose a breach of the covenant for the repayment of the principal money otherwise than by instalments shall be disregarded.

• (3) Subsection (2)(a) above shall have effect, in the case of land consisting of or including a dwelling-house which on 22nd March 1973 was subject to a tenancy which became a regulated tenancy by virtue of section 14 of the Counter-Inflation Act 1973, as if for the reference to the appropriate day there were substituted a reference to 7th March 1973.

• (4) In this section “legal mortgage” includes a charge by way of legal mortgage.

• (5) Any reference in this Part of this Act to a regulated mortgage shall be construed in accordance with this section.

Powers of court to mitigate hardship to mortgagors under regulated mortgages

132

• (1) The powers of the court under this section become exercisable, in relation to a regulated mortgage, only on an application made by the mortgagor within 21 days, or such longer time as the courts may allow, after the occurrence of one of the following events:—

• (a) the rate of interest payable in respect of the mortgage is increased; or

• (b) a rent for a dwelling-house comprised in the mortgage is registered under Part IV of this Act and the rent so registered is lower than the rent which was payable immediately before the registration; or

• (c) the mortgagee, not being a mortgagee who was in possession on the relevant date, demands payment of the principal money secured by the mortgage or takes any steps for exercising any right of foreclosure or sale or for otherwise enforcing his security.

Paragraph (b) above shall not apply to a case falling within section 129(2)(b) of this Act.

• (2) If the court is satisfied on any such application that, by reason of the event in question and of the operation of this Act, the mortgagor would suffer severe financial hardship unless relief were given under this section, the court may by order make such provision—

• (a) limiting the rate of interest,

• (b) extending the time for the repayment of the principal money, or

• (c) otherwise varying the terms of the mortgage or imposing any limitation or condition on the exercise of any right or remedy in respect thereof,

as it thinks appropriate.

• (3) Where the court makes an order under subsection (2) above in relation to a mortgage which comprises other land as well as a dwelling-house or dwelling-houses subject to a regulated tenancy the order may, if the mortgagee so requests, make provision for apportioning the money secured by the mortgage between that other land and the dwelling-house or dwelling-houses.

• (4) Where such an apportionment is made, the other provisions of the order made by the court shall not apply in relation to the other land referred to in that subsection and the money secured by the other land, and the mortgage shall have effect for all purposes as two separate mortgages of the apportioned parts.

• (5) Where the court has made an order under this section it may vary or revoke it by a subsequent order.

• (6) The court for the purposes of this section is the county court , except that where an application under subsection (1) above is made in pursuance of any step taken by the mortgagee in the High Court it is the High Court.

Restrictions applicable to controlled mortgages

133

Apportionment of controlled mortgages

134

• (1) Where a controlled mortgage comprises other land as well as a dwelling-house or dwelling-houses to which, immediately before 8th June 1968. the Increase of Rent and Mortgage Interest (Restrictions) Act 1920 applied, the mortgagee may apportion the principal money secured by the mortgage between that other land and the dwelling-house or dwelling-houses by giving one month's notice in writing to the mortgagor, stating the particulars of the apportionment.

• (2) At any time before the expiry of a month's notice given under subsection (1) above, the mortgagor may dispute the amounts apportioned by the notice and, in default of agreement, the apportionment of the principal money secured by the mortgage shall be determined by a single arbitrator appointed by the President of the Royal Institution of Chartered Surveyors.

• (3) Where a notice is given under subsection (1) above then, as from the expiry of the month's notice, this Part of this Act shall cease to apply to the mortgage in question so far as it relates to the other land referred to in subsection (1) above and the money secured by the other land, and the mortgage shall have effect for all purposes as two separate mortgages of the apportioned parts.

Recovery of sums paid in excess of permitted rate of interest under controlled mortgage

135

• (1) Where a mortgagor under a controlled mortgage has paid on account of mortgage interest any amount which, by virtue of Schedule 19 to this Act, is irrecoverable by the mortgagee, the mortgagor who paid it shall be entitled to recover that amount from the mortgagee who received it or his personal representatives.

• (2) Any amount which a mortgagor is entitled to recover under subsection (1) above may, without prejudice to any other method of recovery, be deducted by the mortgagor from any mortgage interest payable by him to the mortgagee.

• (3) No amount which a mortgagor is entitled to recover under subsection (1) above shall be recoverable at any time after the expiry of 2 years from the date of payment.

Interpretation of Part X

136

In this Part of this Act, except where the context otherwise requires—

• (a) “mortgagee” and “mortgagor” include any person from time to time deriving title under the original mortgagee or mortgagor; and

• (b) “legal mortgage” in relation to regulated mortgages, includes any registered charge (within the meaning of the Land Registration Act 2002).

Part XI — General

Sublettings

Effect on sub-tenancy of determination of superior tenancy

137

• (1) If a court makes an order for possession of a dwelling-house from—

• (a) a protected or statutory tenant, or

• (b) a protected occupier or statutory tenant as defined in the Rent (Agriculture) Act 1976.

and the order is made by virtue of section 98(1) or 99(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 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 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 99 of this Act applies, an agricultural holding within the meaning of the Agricultural Holdings Act 1986held under a tenancy to which that Act applied and land comprised in a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.

• (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 99 of this Act applies—

• (i) 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, or

• (ii) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.

• (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 or an assured tenancy, within the meaning of Part I of the Housing Act 1988, 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, as the case may be, served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989; or

• (b) the long tenancy was being continued by section 3(1) of the said Act of 1954 or, as the case may be, paragraph 3 of the said Schedule 10;

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 the said Act of 1954 or, as the case may be, the said Schedule 10.

• (7) This section shall 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.

Effect on furnished sub-tenancy of determination of superior unfurnished tenancy

138

• (1) If, in a case where section 137(2) of this Act applies, the conditions mentioned in subsection (2) below are fulfilled, the terms on which the sub-tenant is, by virtue of section 137(2), deemed to become the tenant of the landlord shall not include any terms as to the provision by the landlord of furniture or services.

• (2) The conditions are:—

• (a) that the statutorily protected tenancy which is determined as mentioned in section 137(2) was neither a protected furnished tenancy nor a statutory furnished tenancy; and

• (b) that, immediately before the determination of that statutorily protected tenancy, the sub-tenant referred to in section 137(2) was the tenant under a protected furnished tenancy or a statutory furnished tenancy; and

• (c) that the landlord, within the period of 6 weeks beginning with the day on which the statutorily protected tenancy referred to in section 137(2) is determined, serves notice on the sub-tenant that this section is to apply to his tenancy or statutory tenancy.

• (3) In this section “statutorily protected tenancy” has the same meaning as it has for the purposes of section 137(2) of this Act.

Obligation to notify sublettings of dwelling-houses let on or subject to protected or statutory tenancies

139

• (1) If the tenant of a dwelling-house let on or subject to a protected or statutory tenancy sublets any part of the dwelling-house on a protected tenancy, then, subject to subsection (2) below, he shall, within 14 days after the subletting, supply the landlord with a statement in writing of the subletting giving particulars of occupancy, including the rent charged.

• (2) Subsection (1) above shall not require the supply of a statement in relation to a subletting of any part of a dwelling-house if the particulars which would be required to be included in the statement as to the rent and other conditions of the sub-tenancy would be the same as in the last statement supplied in accordance with that subsection with respect to a previous subletting ofthat part.

• (3) A tenant who is required to supply a statement in accordance with subsection (1) above and who, without reasonable excuse—

• (a) fails to supply a statement, or

• (b) supplies a statement which is false in any material particular,

shall be liable to a fine not exceeding level 1 on the standard scale.

• (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.

Fire Precautions

Modification of Act in relation to fire precautions

140

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

Jurisdiction and procedure

County court jurisdiction

141

• (1) The county court shall have jurisdiction, either in the course of any proceedings relating to a dwelling or on an application made for the purpose by the landlord or the tenant, to determine any question—

• (a) as to whether a tenancy is a protected tenancy or whether any person is a statutory tenant of a dwelling-house, . . . or

• (b) as to the rent limit; or

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) as to the application of Part V and sections 103 to 106 of this Act to a contract; or

• (e) as to whether a protected, statutory or regulated tenancy is a protected, statutory or regulated furnished tenancy;

or as to any matter which is or may become material for determining any such question.

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

• (3) The county court shall have jurisdiction to deal with any claim or other proceedings arising out of any of the provisions of this Act specified in subsection (5) below, notwithstanding that by reason of the amount of the claim or otherwise the case would not, apart from this subsection, be within the jurisdiction of the county court .

• (4) If, under any of the provisions of this Act specified in subsection (5) below, a person takes proceedings in the High Court which he could have taken in the county court, he shall not be entitled to recover any costs.

• (5) The provisions referred to in subsections (3) and (4) above are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in Part III, section 57;

• (c) Part VII, except sections 98(2) and 101;

• (d) in Part IX, sections 125 and 126;

• (e) in Part X, sections 133(1), 134 and 135; and

• (f) in this Part of this Act, section 145.

Rules as to procedure

142

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

Release from provisions of Act

Release from rent regulation

143

• (1) Where the Secretary of State is satisfied with respect to every part of any area that the number of persons seeking to become tenants there—

• (a) of dwelling-houses exceeding a specified rateable value, or

• (b) of any class or description of dwelling-house or of dwelling-house exceeding a specified rateable value,

is not substantially greater than the number of such dwelling-houses in that part, he may by order provide that no such dwelling-house in the area shall be the subject of a regulated tenancy or the subject of a protected occupancy or statutory tenancy under the Rent (Agriculture) Act 1976.

• (2) An order under this section may contain such transitional provisions, including provisions to avoid or mitigate hardship, as appear to the Secretary of State to be desirable.

• (3) The power to make an order under this section shall be exercisable by statutory instrument and no such order shall have effect unless it is approved by a resolution of each House of Parliament.

Release from restricted contract provisions

144

• (1) The Secretary of State may by order provide that, as from such date as may be specified in the order, section 19 of this Act shall not apply to a dwelling the rateable value of which on such day as may be specified in the order exceeds such amount as may be so specified.

• (2) An order under this section—

• (a) may be made so as to relate to the whole of England and Wales or to such area in England and Wales as may be specified in the order, and so as to apply generally or only to, or except to, such classes or descriptions of dwellings as may be specified in the order; and

• (b) may contain such transitional provisions as appear to the Secretary of State to be desirable.

• (3) The power to make an order under this section shall be exercisable by statutory instrument and no such order shall have effect unless it is approved by a resolution of each House of Parliament.

Rents of subsidised private houses

145

Miscellaneous

Long tenancies at a low rent

146

• (1) In determining whether a long tenancy was, at any time,—

• (a) a tenancy at a low rent within the meaning of the Rent Act 1968; or

• (b) a tenancy to which, by virtue of section 12(7) of the Act of 1920, the Rent Acts did not apply;

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.

• (2) In subsection (1) 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;

• “the Act of 1920” means the Increase of Rent and Mortgage Interest (Restrictions) Act 1920; and

• “the Rent Acts” means the Rent and Mortgage Interest Restrictions Acts 1920 to 1939.

Restriction on levy of distress for rent

147

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

Implied term in all protected tenancies

148

It shall be a condition of a protected tenancy of a dwelling-house that the 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.

Supplemental

Powers of local authorities for purposes of giving information

149

• (1) Any local authority to which this section applies shall have power—

• (a) to publish information, for the assistance of landlords and tenants and others, as to their rights and duties under—

• (i) sections 4 to 7 (provision of rent books) and sections 18 to 30 (service charges) of the Landlord and Tenant Act 1985,

• (ii) the Protection from Eviction Act 1977,

• (iii) Part II . . . , of the Housing Act 1980;

• (iv) this Act,

• (v) Chapters I to III of Part I of the Housing Act 1988

and as to the procedure for enforcing those rights or securing the performance of those duties, and

• (b) 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

• (c) to make any such information as is mentioned in paragraph (a) or (b) above available in any other way, and

• (d) to furnish particulars as to the availability, extent and character of alternative accommodation.

• (2) This section applies to the following local authorities:—

• (a) councils of districts , councils of counties in England in which there are no districts having district councils and councils of London boroughs;

• (aa) councils of Welsh counties and county boroughs;

• (b) the Common Council of the City of London; and

• (c) the Council of the Isles of Scilly.

Prosecution of offences

150

• (1) Offences under this Act are punishable summarily.

• (2) Proceedings for an offence under this Act . . . may be instituted by any local authority to which section 149 of this Act applies.

Service of notices on landlord's agents

151

• (1) Any document required or authorised by this Act to be served by the tenant of a dwelling-house on the landlord thereof shall be deemed to be duly served on him if it is served—

• (a) on any agent of the landlord named as such in the rent book or other similar document; or

• (b) on the person who receives the rent of the dwelling-house.

• (2) Where a dwelling-house is subject to a regulated tenancy, subsection (1) above shall apply also in relation to any document required or authorised by this Act to be served on the landlord by a person other than the tenant.

• (3) If for the purpose of any proceedings (whether civil or criminal) brought or intended to be brought under this Act, any person serves upon any such agent or other person as is referred to in paragraph (a) or paragraph (b) of subsection (1) above a notice in writing requiring the agent or other person to disclose to him the full name and place of abode or place of business of the landlord, that agent or other person shall forthwith comply with the notice.

• (4) If any such agent or other person as is referred to in subsection (3) above fails or refuses forthwith to comply with a notice served on him under that subsection, he shall be liable to a fine not exceeding level 4 on the standard scale, unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, such of the facts required by the notice to be disclosed as were not disclosed by him.

• (5) So far as this section relates to Part V or IX or sections 103 to 107, of this Act, references to a landlord and to a tenant shall respectively include references to a lessor and to a lessee as defined by section 85 of this Act.

Interpretation

152

• (1) In this Act, except where the context otherwise requires,—

• “the appropriate day” has the meaning assigned to it by section 25(3) of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “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 VII of this Act would be, entitled to possession of the dwelling-house;

• “let” includes “sublet”;

• “long tenancy” means a tenancy granted for a term of years certain exceeding 21 years, whether or not subsequently extended by act of the parties or by any enactment;

• “protected furnished tenancy”, “regulated furnished tenancy” and “statutory furnished tenancy” mean a protected or, as the case may be, regulated or statutory tenancy—

• (a) under which the dwelling-house concerned is bona fide let at a rent which includes payments in respect of furniture, and

• (b) in respect of which the amount of rent which is fairly attributable to the use of furniture, having regard to the value of that use to the tenant, forms a substantial part of the whole rent;

• “protected tenant” and “protected tenancy” shall be construed in accordance with section 1 of this Act;

• “rates” includes water rates and charges but does not include an owner’s drainage rate as defined in section 63(2)(a) of the Land Drainage Act 1976;

• “rateable value” shall be construed in accordance with section 25 of this Act;

• “regulated tenancy” shall be construed in accordance with section 18 of this Act;

• “rent tribunal” has the meaning given by section 76(1) of this Act;

• “rental period” means a period in respect of which a payment of rent falls to be made;

• “restricted contract” shall be construed in accordance with section 19 of this Act;

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

• “statutory tenant” and “statutory tenancy” shall be construed in accordance with section 2 of this Act;

• “tenant” includes statutory tenant and also includes a sub-tenant and any person deriving title under the original tenant or sub-tenant;

• “tenancy” includes “sub-tenancy”;

• “tenancy at a low rent” has the meaning assigned to it by section 5 of this Act.

• (2) Except in so far as the context otherwise requires, any reference in this Act to any other enactment shall be taken as referring to that enactment as amended by or under any other enactment, including this Act.

• (3) Section 239 of the Renting Homes (Wales) Act 2016 (anaw 1) abolishes, in relation to Wales, restricted contracts and protected shorthold tenancies and provides for the cessation of certain protected and statutory tenancies.

Application to Isles of Scilly

153

• (1) With the exception of Part V, and sections 102A to 106A, of this Act (which do not apply to the Isles of Scilly) this Act applies to the Isles subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

• (2) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) An order under this section may be varied or revoked by a subsequent order.

Application to Crown property

154

• (1) Subject to sections 13 and 19(5)(b) of this Act this Act shall apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as it applies in relation to premises in which no such interest subsists or ever subsisted.

• (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.

Modifications, amendments, transitional provisions, repeals etc.

155

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Subject to subsection (3) below, the enactments specified in Schedule 23 to this Act shall have effect subject to the amendments specified in that Schedule.

• (3) The savings and transitional provisions in Schedule 24 to this Act shall have effect.

• (4) The inclusion in this Act of any express saving, transitional provision or amendment shall not be taken as prejudicing the operation of sections 16(1) and 17(2) of the Interpretation Act 1978 (which relates to the effect of repeals).

• (5) Subject to subsection (3) above, the enactments specified in Schedule 25 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

156

• (1) This Act may be cited as the Rent Act 1977.

• (2) This Act shall come into force on the expiry of the period of one month beginning with the date on which it is passed.

• (3) This Act does not extend to Scotland or Northern Ireland.

SCHEDULE 1

Part I — Statutory Tenants by Succession

1

Paragraph 2 . . . below shall have effect, subject to section 2(3) of this Act, for the purpose of determining who is the statutory tenant of a dwelling-house by succession after the death of the person (in this Part of this Schedule referred to as “the original tenant”) who, immediately before his death, was a protected tenant of the dwelling-house or the statutory tenant of it by virtue of his previous protected tenancy.

2

The surviving spouse, or surviving civil partner, (if any) of the original tenant, if residing in the dwelling-house immediately before the death of the original tenant, shall after the death be the statutory tenant if and so long as he or she occupies the dwelling-house as his or her residence.

• (2) For the purposes of this paragraph, a person who was living with the original tenant as if they were a married couple or civil partners is to be treated as the spouse or civil partner of the original tenant.

• (3) If, immediately after the death of the original tenant, there is, by virtue of sub-paragraph (2) above, more than one person who fulfils the conditions in sub-paragraph (1) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall for the purposes of this paragraph be treated as the tenant’s spouse or civil partner.

3

• (1) Where paragraph 2 above does not apply, but a person who was a member of the original tenant’s family was residing with him in the dwelling-house at the time of and for the period of 2 years immediately before his death then, after his death, that person or if there is more than one such person such one of them as may be decided by agreement, or in default of agreement by the county court, shall —

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

• (b) in the case of a dwelling-house in Wales, be entitled to a secure contract of the dwelling-house by succession.

• (2) If the original tenant died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the original tenant at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original tenant for the period of 2 years immediately before his death.

4

A person who becomes the statutory tenant of a dwelling-house by virtue of paragraph 2 . . . above is in this Part of this Schedule referred to as “the first successor”.

5

If, immediately before his death, the first successor was still a statutory tenant, paragraph 6 below shall have effect, for the purpose of determining who is entitled—

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

• (b) in the case of a dwelling-house in Wales, to a secure contract of the dwelling-house by succession after the death of the first successor.

6

• (1) Where a person who—

• (a) was a member of the original tenant’s family immediately before that tenant’s death, and

• (b) was a member of the first successor’s family immediately before the first successor’s death,

was residing in the dwelling-house with the first successor at the time of, and for the period of 2 years immediately before, the first successor’s death, that person or, if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be entitled—

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

• (ii) in the case of a dwelling-house in Wales, to a secure contract of the dwelling-house by succession.

• (2) If the first successor died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the first successor at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the first successor for the period of 2 years immediately before his death.

7

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

8

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

9

Paragraphs 5 to 8 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 4 of the Requisitioned Houses and Housing (Amendment) Act 1955 or section 20 of the Rent Act 1965.

10

• (1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Part of this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly—

• (a) if the successor was the first successor, and, immediately before his death he was still the tenant (whether protected or statutory), paragraph 6 above shall apply on his death,

• (b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Part of this Schedule.

• (2) Sub-paragraph (1) above applies—

• (a) even if a successor enters into more than one other tenancy of the dwelling-house, and

• (b) even if both the first successor and the successor on his death enter into other tenancies of the dwelling-house.

• (3) In this paragraph “succession” means the occasion on which a person becomes the statutory tenant of a dwelling-house by virtue of this Part of this Schedule and “successor” shall be construed accordingly.

• (4) This paragraph shall apply as respects a succession which took place before 27th August 1972 if, and only if, the tenancy granted after the succession, or the first of those tenancies, was granted on or after that date, and where it does not apply as respects a succession, no account should be taken of that succession in applying this paragraph as respects any later succession.

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• (1) Paragraphs 5 to 8 above do not apply where—