Landlord and Tenant Act 1954

7 Settlement of terms of statutory tenancy.E+W

(1)The . . . F1 terms on which the tenant and any successor to his statutory tenancy may retain possession of the dwelling-house during that period, [F2other than the amount of the rent] shall be such as may be agreed between the landlord and the tenant or determined by the court . . . F1

(2)A landlord’s notice proposing a statutory tenancy and anything done in pursuance thereof shall cease to have effect if by the beginning of the period of two months ending with the date of termination specified in the notice any of the following matters, that is to say,—

(a)what premises are to constitute the dwelling-house;

(b)[F3as regards the rent] of the dwelling-house during the period of the statutory tenancy, the intervals at which instalments of that rent are to be payable, and whether they are to be payable in advance or in arrear;

(c)whether any, and if so what, initial repairs (as defined in the next following section) are to be carried out on the dwelling-house;

(d)whether initial repairs to be so carried out are to be carried out by the landlord or by the tenant, or which of them are to be carried out by the landlord and which by the tenant; and

(e)the matters required by the next following section to be agreed or determined in relation to repairs before the beginning of the period of the statutory tenancy,

has not been agreed between the landlord and the tenant and no application has been made by the beginning of the said period of two months for the determination by the court of such of those matters as have not been agreed:

Provided that this subsection shall not have effect if at the end of the period of two months after the service of the landlord’s notice the qualifying condition was not fulfilled as respects the tenancy unless the tenant has elected to retain possession.

(3)In paragraph (a) of subsection (3) of section four of this Act, the expression “proposals for a statutory tenancy” means [F2proposals as to the rent of the dwelling-house during the period of the statutory tenancy] proposals as to the matters specified in paragraphs (b) to (e) of the last foregoing subsection, and such other proposals (if any) as to the terms mentioned in subsection (1) of this section as the landlord may include in his notice.

(4)Any such proposals—

(a)shall be made, and be expressed to be made, on the assumption that the dwelling-house will be the premises specified in the landlord’s notice in accordance with subsection (3) of section four of this Act;

(b)shall not be treated as failing to satisfy the requirements of the said subsection (3) by reason only of a difference between the premises to which the proposals relate and the premises subsequently agreed or determined to be the dwelling-house,

and in the event of any such difference the landlord shall not be bound by his proposals notwithstanding that they may have been accepted by the tenant.

(5)An application for securing a determination by the court in accordance with the foregoing provisions of this section shall be made by the landlord, and—

(a)shall be made during the currency of the landlord’s notice proposing a statutory tenancy and not earlier than two months after the giving thereof, so however that if the tenant has elected to retain possession it may be made at a time not earlier than one month after the giving of the notice;

(b)subject to the provisions of the last foregoing subsection, shall not be made for the determination of any matter as to which agreement has already been reached between the landlord and the tenant.

(6)In this Part of this Act the expression “the period of the statutory tenancy” means the period beginning with the coming to an end of the former tenancy and ending with the earliest date by which the tenant, and any successor to his statutory tenancy, have ceased to retain possession of the dwelling-house by virtue of the [F4Rent Act].