Rent Act 1977

Where any rent lawfully due from the tenant has not been paid, or any obligation of the protected or statutory tenancy which arises under this Act, or—

has been broken or not performed.

Case 2

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

Case 3

Case 4

Case 5

Case 6

Where, without the consent of the landlord, the tenant has, at any time after—

assigned or sublet the whole of the dwelling-house or sublet part of the dwelling-house, the remainder being already sublet.

Case 7

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

Case 8

Case 9

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

and the landlord did not become landlord by purchasing the dwelling-house or any interest therein after—

Case 10

Where the court is satisfied that the rent charged by the tenant—

Case 11

Where a person (in this Case referred to as “the owner-occupier”) who let the dwelling-house on a regulated tenancy had, at any time before the letting, occupied it as his residence and—

If the court is of the opinion that, notwithstanding that the condition in paragraph (a) or (b) above is not complied with, it is just and equitable to make and order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs, as the case may require.

Case 12

Where the landlord (in this Case referred to as “the owner”) intends to occupy the dwelling-house as his residence at such time as he might retire from regular employment and has let it on a regulated tenancy before he has so retired and—

If the court is of the opinion that, notwithstanding that the condition in paragraph (a) or (b) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs, as the case may require.

Case 13

Where the dwelling-house is let under a tenancy for a term of years certain not exceeding 8 months and—

For the purposes of this Case 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.

Case 14

Where the dwelling-house is let under a tenancy for a term of years certain not exceeding 12 months and—

For the purposes of this Case 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.

Case 15

Where the dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—

Case 16

Where the dwelling-house was at any time occupied by a person under the terms of his employment as a person employed in agriculture, and

For the purposes of this Case “employed”, “employment” and “agriculture” have the same meanings as in the Agricultural Wages Act 1948.

Case 17

Where proposals for amalgamation, approved for the purposes of a scheme under section 26 of the Agriculture Act 1967, have been carried out and, at the time when the proposals were submitted, the dwelling-house was occupied by a person responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the land comprised in the amalgamation and

For the purposes of this Case “employed” and “agriculture” have the same meanings as in the Agricultural Wages Act 1948 and “amalgamation” has the same meaning as in Part II of the Agriculture Act 1967.

Case 18

Where—

For the purposes of this Case “employed” and “agriculture” have the same meanings as in the Agricultural Wages Act 1948 and “amalgamation” has the same meaning as in Part II of the Agriculture Act 1967.

Case 19

Where the dwelling-house was let under a protected shorthold tenancy (or is treated under section 55 of the Housing Act 1980 as having been so let) and—

A notice is appropriate for this Case if—

Case 20

Where the dwelling-house was let by a person (in this Case referred to as “the owner”) at any time after the commencement of section 67 of the Housing 1980 c. 5 1. Act 1980 and—

If the court is of the opinion that, notwithstanding that the condition in paragraph (c) or (d) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of these paragraphs, as the case may require.

1

A court shall not make an order for possession of a dwelling-house by reason only that the circumstances of the case fall within Case 9 in Part I of this Schedule if the court is satisfied that, having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by granting the order than by refusing to grant it.

2

Any reference in Part II of this Schedule to the relevant date shall be construed as follows:—

• (a) except in a case falling within paragraph (b) or (c) below, if the protected tenancy, or, in the case of a statutory tenancy, the previous contractual tenancy, was created before 8th December 1965, the relevant date means 7th June 1966; and

• (b) except in a case falling within paragraph (c) below, if the tenancy became a regulated tenancy by virtue of section 14 of the Counter-Inflation Act 1973 and the tenancy or, in the case of a statutory tenancy, the previous contractual tenancy, was created before 22nd March 1973, the relevant date means 22nd September 1973; and

• (c) in the case of a regulated furnished tenancy, if the tenancy or, in the case of a statutory furnished tenancy, the previous contractual tenancy was created before 14th August 1974, the relevant date means 13th February 1975; and

• (d) in any other case, the relevant date means the date of the commencement of the regulated tenancy in question.

Part V — Provisions applying to Cases 11, 12 and 20

1

In this Part of this Schedule—

2

The conditions referred to in Paragraph (c) in each of Cases 11 and 12 and in paragraph (e)(ii) of Case 20 are that—

• (a) the dwelling-house is required as a residence for the owner or any member of his family who resided with the owner when he last occupied the dwelling-house as a residence;

• (b) the owner has retired from regular employment and requires the dwelling-house as a residence;

• (c) 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;

• (d) the owner has died and the dwelling-house is required by a successor in title as his residence or for the purpose of disposing of it with vacant possession;

• (e) the dwelling-house is subject to a mortgage, made by deed and granted before the tenancy, and the mortgagee—

• (i) is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and

• (ii) requires the dwelling-house for he purpose of disposing of it with vacant possession in exercise of that power; and

• (f) the dwelling-house is not reasonably suitable to the needs of the owner, having regard to his place of work, and he requires it for the purpose of disposing of it with vacant possession and of using the proceeds of that disposal in acquiring, as his residence, a dwelling-house which is more suitable to those needs.

Case I

Alternative accommodation not provided or arranged by housing authority

1

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

2

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

• (a) premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy, 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 this Act in the case of a protected tenancy,

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

3

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

• (a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by the local housing authority 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 local housing authority stating—

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

• (b) the amount of the rent charged by the local housing authority 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.

Case II

Alternative accommodation provided or arranged by housing authority

1

The local housing authority 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 of this paragraph.

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

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

4

If the accommodation offered is available for a limited period only, the local housing authority’s offer or notice under paragraph 1 of this Case 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.

SCHEDULE 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes