SCHEDULES
SCHEDULE 1 Index of General Definitions
Expression defined | Provisions in Act |
|---|---|
Agricultural dwelling-house advisory committee | Section 29(1). |
Agriculture | Section 1(1). |
Date of operation for forestry workers | Schedule 3 Part II. |
Dwelling-house | Section 34(3). |
Dwelling-house in qualifying ownership | Schedule 3 Part I. |
Forestry | Section 1(1). |
Housing authority concerned | Section 27(3). |
Incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease | Schedule 3 Part I. |
Landlord | Section 34(1). |
Licence | Section 34(1). |
Operative date | Section 1(6). |
Protected occupier | Sections 2 and 3. |
Protected occupier by succession | Section 3(5). |
Protected occupier in his own right | Section 2(4). |
Rates | Section 34(1). |
Relevant licence | Schedule 2. |
Relevant tenancy | Schedule 2. |
Qualifying worker | Schedule 3 Part I. |
Statutory tenant | Sections 4 and 5. |
Statutory tenant by succession | Section 3(5). |
Statutory tenant in his own right | Section 2(4). |
Subject to a protected occupancy | Section 3(6). |
Subject to a statutory tenancy | Section 4(6). |
Tenancy | Section 34(1). |
Tenancy at a low rent | Section 34(1). |
Tenant | Section 34(1). |
C13C10C11C12SCHEDULE 2 Meaning of “Relevant Licence” and “Relevant Tenancy”
Sch. 2 excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 124(7)(b), 270(4), 270(5)(b) (with s. 124(9)(10)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
Sch. 2 excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 4(5)(a)(ii); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
Sch. 2 excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 12(5)(a)(ii) (with Sch. 7 para. 12(9)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
Relevant licence
1
In this Act “relevant licence” means any licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which—
a
if it were a tenancy, and
F1b
if the provisions of Part I of the M1Rent Act 1977 relating to exceptions to the definition of “protected tenancy” were modified as mentioned in paragraph 3 below,
would be a protected tenancy for the purposes of that Act.
Relevant tenancy
2
In this Act “relevant tenancy” means any tenancy under which a dwelling-house is let as a separate dwelling and which—
a
is not a protected tenancy for the purposes of F2the Rent Act 1977, but
b
would be such a tenancy if F3the provisions of that Act mentioned in paragraph 1(b) above were modified as mentioned in paragraph 3 below,
other than a tenancy to which Part I or Part II of the M2Landlord and Tenant Act 1954 applies F4a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 appliesF5, 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, and a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995..
Supplemental
F63
1
For the purposes of this Schedule the modifications of Part I of the Rent Act 1977 are as follows.
2
Omit sections 5 (tenancies at low rents) and 10 (tenancy of a dwelling-house comprised in any agricultural holding etc.).
F72A
In section 5A (exclusion of certain shared ownership leases), in subsection (2)(g) (condition that lease states landlord’s opinion that 1977 Act does not apply) for the reference to the 1977 Act substitute a reference to this Act.
3
For section 7 (payments for board or attendance) substitute:—
7
1
A tenancy is not a protected tenancy if it is a bona fide term of the tenancy that the landlord provides the tenant with board or attendance.
2
For the avoidance of doubt it is hereby declared that meals provided in the course of a person’s employment in agriculture do not constitute board for the purposes of this section; and a term that the landlord provides the tenant with attendance shall not be taken to be a bona fide term for those purposes unless, having regard to its value to the tenant, the attendance is substantial.
4
The other provisions of F8the Rent Act 1977 which are relevant for the purposes of the above definitions, and which are therefore also applied by this Schedule, include—
section 1 (definition of “protected tenancy”);
F9section 13 (no protected or statutory tenancy where landlord’s interest belongs to Crown);
F9sections 14 to 16 (no protected or statutory tenancy where landlord’s interest belongs to local authority, etc.);
F9section 12 (no protected tenancy in certain cases where landlord’s interest belongs to resident landlord);
F9section 25 (rateable value and appropriate day).
C4SCHEDULE 3 Protected Occupiers in their own right
Sch. 3 applied by Housing Act 1988 (c. 50, SIF 75:1), s. 24, Sch. 3 para. 1(3)
Part I Definitions
Qualifying worker
1
A person is a qualifying worker for the purposes of this Act at any time if, at that time, he has worked whole-time in agriculture, or has worked in agriculture as a permit worker, for not less than 91 out of the last 104 weeks.
Incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease
2
1
A person is, for the purposes of this Act, incapable of whole-time work in agriculture in consequence of a qualifying injury or disease if—
a
he is incapable of such work in consequence of—
i
an injury or disease prescribed in relation to him, by reason of his employment in agriculture, under section 76(2) of the M3Social Security Act 1975, or
ii
an injury caused by an accident arising out of and in the course of his employment in agriculture, and
b
at the time when he became so incapable, he was employed in agriculture as a whole-time worker.
2
A person is, for the purposes of this Act, incapable of work in agriculture as a permit worker in consequence of a qualifying injury or disease if—
a
he is incapable of such work in consequence of any such injury or disease as is mentioned in sub-paragraph (1) above, and
b
at the time when he became so incapable, he was employed in agriculture as a permit worker.
3
Where—
a
a person has died in consequence of any such injury or disease as is mentioned in sub-paragraph (1) above, and
b
immediately before his death, he was employed in agriculture as a whole-time worker, or as a permit worker,
he shall be regarded for the purposes of this Act as having been, immediately before his death, incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease.
Dwelling-house in qualifying ownership
3
1
A dwelling-house in relation to which a person (“the occupier”) has a licence or tenancy is in qualifying ownership for the purposes of this Act at any time if, at that time, the occupier is employed in agriculture and the occupier’s employer either—
a
is the owner of the dwelling-house, or
b
has made arrangements with the owner of the dwelling-house for it to be used as housing accommodation for persons employed by him in agriculture.
2
In this paragraph—
“employer”, in relation to the occupier, means the person or, as the case may be, one of the persons by whom he is employed in agriculture;
“owner”, in relation to the dwelling-house, means the occupier’s immediate landlord or, where the occupier is a licensee, the person who would be the occupier’s immediate landlord if the licence were a tenancy.
Supplemental
4
1
The provisions of this paragraph shall have effect for determining what is whole-time work in agriculture for the purposes of this Part of this Schedule.
2
A person works whole-time in agriculture for any week in which—
a
he is employed to work in agriculture, and
b
the number of hours for which he works in agriculture, or in activities incidental to agriculture, for the person or persons by whom he is so employed is not less than the standard number of hours.
3
Where a person is employed in agriculture as a whole-time worker, any week in which by agreement with his employer or, where he has two or more employers, by agreement with the employer or employers concerned he works less than the standard number of hours shall count as a week of whole-time work in agriculture.
4
If in any week a person who is employed in agriculture as a whole-time worker is, for the whole or part of the week—
a
absent from work in agriculture by reason of his taking a holiday to which he is entitled, or
b
absent from work in agriculture with the consent of his employer or, where he has two or more employers, with the consent of the employer or employers concerned, or
c
incapable of whole-time work in agriculture in consequence of an injury or disease (whether a qualifying injury or disease or not),
that week shall count as a week of whole-time work in agriculture.
5
If in any week a person (whether employed in agriculture as a whole-time worker or not) is, for the whole or part of the week, incapable of whole-time work in agriculture in consequence of a qualifying injury or disease, that week shall count as a week of whole-time work in agriculture.
5
1
The provisions of this paragraph shall have effect for determining what is work in agriculture as a permit worker for the purposes of this Part of this Schedule.
2
A person works in agriculture as a permit worker for any week in which he works in agriculture as an employee for the whole or part of the week and there is in force in relation to him a permit granted under section 5 of the M4Agricultural Wages Act 1948.
3
If in any week a person who is employed in agriculture as a permit worker is, for the whole or part of the week—
a
absent from work in agriculture by reason of his taking a holiday to which he is entitled, or
b
absent from work in agriculture with the consent of his employer or, where he has two or more employers, with the consent of the employer or employers concerned, or
c
incapable of work in agriculture as a permit worker in consequence of an injury or disease (whether a qualifying injury or disease or not),
that week shall count as a week of work in agriculture as a permit worker.
4
If in any week a person (whether employed in agriculture as a permit worker or not) is, for the whole or part of the week, incapable of work in agriculture as a permit worker in consequence of a qualifying injury or disease, that week shall count as a week of work in agriculture as a permit worker.
6
For the purposes of this Part of this Schedule a person is employed in agriculture as a whole-time worker if he is employed to work in agriculture by the week, or by any period longer than a week, and the number of hours for which he is employed to work in agriculture, or in activities incidental to agriculture, in any week is not less than the standard number of hours.
7
For the purposes of this Part of this Schedule a person is employed in agriculture as a permit worker if he is employed in agriculture and there is in force in relation to him a permit granted under section 5 of the Agricultural Wages Act 1948.
C2Part II Temporary Provisions as Respects Certain Forestry Workers
Pt. II modified by Housing Act 1980 (c. 51), Sch. 8 para. 5
C18
In this Act “the date of operation for forestry workers” means such date after the operative date as the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly may appoint by order contained in a statutory instrument.
9
1
Whole-time work in forestry, and work in forestry as a permit worker, shall be left out of account in determining for the purposes of this Act whether, at a date before the date of operation for forestry workers, a person is a qualifying worker.
2
Employment in forestry as a whole-time worker, or as a permit worker, shall be left out of account in determining for the purposes of this Act whether, at a date before the date of operation for forestry workers, a person is incapable of whole-time work in agriculture or work in agriculture as a permit worker, in consequence of a qualifying injury or disease.
10
1
The question of what is whole-time work in forestry, or work in forestry as a permit worker, for the purposes of this Part of this Schedule shall be determined in the same way as what is whole-time work in agriculture, or work in agriculture as a permit worker, is determined for the purposes of Part I of this Schedule, and for that purpose all work which is not work in forestry shall be disregarded.
2
For the purposes of this Part of this Schedule a person is employed in forestry as a whole-time worker if he is employed to work in forestry by the week, or by any period longer than a week, and the number of hours for which he is employed to work in forestry, or in activities incidental to forestry, in any week is not less than the standard number of hours.
3
For the purposes of this Part of this Schedule a person is employed in forestry as a permit worker if he is employed in forestry and there is in force in relation to him a permit granted under section 5 of the M5Agricultural Wages Act 1948.
Part III Supplemental
11
1
In this Schedule “employment” means employment under one or more contracts of employment, and cognate expressions shall be construed accordingly.
2
For the purposes of the definition in sub-paragraph (1) above “contract of employment” means a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing).
C312
1
In this Schedule “the standard number of hours” means 35 hours or such other number of hours as may be specified in an order made by the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly.
2
An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3
An order made under this paragraph—
a
may contain transitional and other supplemental and incidental provisions, and
b
may be varied or revoked by a subsequent order so made.
13
Any reference in this Schedule to work in agriculture or in forestry, or to employment in agriculture or in forestry, is a reference to such work, or such employment, in the United Kingdom (including the Channel Islands and the Isle of Man) or in the territory of any other State which is a member of the European Economic Community.
SCHEDULE 4 Grounds for Possession of Dwelling-House Subject to Protected Occupancy or Statutory Tenancy
Part I Cases where Court has a Discretion
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
F101
Accommodation shall be deemed suitable in this Case if it consists of—
a
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 F12Part VII of the Rent Act 1977 in the case of a protected tenancy,
and, in the opinion of the court, the accommodation fulfils the conditions in paragraph 3 below.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
3
1
The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work and either—
a
similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by the housing authority concerned for persons whose needs as regards extent are similar to those of the tenant and his family, or
b
reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent and character.
2
For the purposes of sub-paragraph (1)(a) above, a certificate of the housing authority concerned stating—
a
the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and
b
the amount of the rent charged by the housing authority concerned for dwelling-houses affording accommodation of that extent,
shall be conclusive evidence of the facts so stated.
3
If any furniture was provided by the landlord for use under the tenancy, furniture must be provided for use in the alternative accommodation which is either similar, or is reasonably suitable to the needs of the tenant and his family.
4
Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of F14Part X of the Housing Act 1985.
5
Any document purporting to be a certificate of the housing authority concerned issued for the purposes of this Case and to be signed by the proper officer of the authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.
6
In this Case no account shall be taken of accommodation as respects which an offer has been made, or notice has been given, as mentioned in paragraph 1 of Case II below.
Case II
Alternative accommodation provided or arranged by housing authority
1
The housing authority concerned have made an offer in writing to the tenant of alternative accommodation which appears to them to be suitable, specifying the date when the accommodation will be available and the date (not being less than 14 days from the date of offer) by which the offer must be accepted.
OR
The housing authority concerned have given notice in writing to the tenant that they have received from a person specified in the notice an offer in writing to rehouse the tenant in alternative accommodation which appears to the housing authority concerned to be suitable, and the notice specifies both the date when the accommodation will be available and the date (not being less than 14 days from the date when the notice was given to the tenant) 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.
OR
The landlord shows that the tenant did not so accept the offer, and the tenant does not satisfy the court that he acted reasonably in failing to accept the offer.
3
1
The accommodation offered must in the opinion of the court fulfil the conditions in this paragraph.
2
The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work.
3
The accommodation must be reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent.
4
If the accommodation offered is available for a limited period only, the housing authority’s offer or notice under paragraph 1 above must contain an assurance that other accommodation—
a
the availability of which is not so limited,
b
which appears to them to be suitable, and
c
which fulfils the conditions in paragraph 3 above,
will be offered to the tenant as soon as practicable.
Case III
Rent lawfully due from the tenant has not been paid,
OR
Any other lawful obligation of the tenancy, whether or not it is an obligation created by this Act, has been broken or not performed.
Case IV
The tenant, or any person residing or lodging with him or 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 V
1
The condition of the dwelling-house has, in the opinion of the court, deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any person residing or lodging with him, or any sub-tenant of his.
2
If the person at fault is not the tenant, the court must be satisfied that the tenant has not, before the making of the order for possession, taken such steps as he ought reasonably to have taken for the removal of the person at fault.
Case VI
1
The condition of any furniture provided by the landlord for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any person residing or lodging with him, or any sub-tenant of his.
2
If the person at fault is not the tenant, the court must be satisfied that the tenant has not, before the making of the order for possession, taken such steps as he ought reasonably to have taken for the removal of the person at fault.
Case VII
1
The tenant has given notice to quit and in consequence of that notice the landlord has contracted to sell or let the dwelling-house, or has taken any other steps as a result of which he would, in the opinion of the court, be seriously prejudiced if he could not obtain possession.
2
This Case does not apply where the tenant has given notice to terminate his employment and that notice has operated to terminate the tenancy.
C5 Case VIII
Case VIII modified by Housing Act 1980 (c. 51), Sch. 8 paras. 6, 8
1
The tenant has, without the consent of the landlord, assigned, sub-let or parted with possession of the dwelling-house, or any part of it.
2
This Case does not apply if the assignment, sub-letting or parting with possession was effected before the operative date.
Case IX
1
The dwelling-house is reasonably required by the landlord for occupation as a residence for—
a
himself, or
b
any son or daughter of his over 18 years of age, or
c
his father or mother, or the father or mother of his wife, or husband F34or civil partner, or
d
his grandfather or grandmother, or the grandfather or grandmother of his wife, or husband F34or civil partner,
and the landlord did not become landlord by purchasing the dwelling-house, or any interest in it, after 12th April 1976.
2
The court, having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or tenant, is satisfied that no greater hardship would be caused by granting the order than by refusing to grant it.
C6 Case X
Case X modified by Housing Act 1980 (c. 51), Sch. 8 paras. 6, 8
1
Any part of the dwelling-house is sublet.
2
3
Paragraph 2 does not apply to a rental period beginning before the operative date.
Part II Cases in which court must order possession
Case XI
1
The person who granted the tenancy or, as the case may be, the original tenancy (“the original occupier”) was, prior to granting it, occupying the dwelling-house as his residence.
2
The court is satisfied that the dwelling-house is required as a residence for the original occupier or any member of his family who resided with the original occupier when he last occupied the dwelling-house as his residence.
3
Not later than the relevant date the original occupier gave notice in writing to the tenant that possession might be recovered under this Case.
4
The dwelling-house has not since the operative date been let by the original occupier to a tenant as respects whom the condition mentioned in paragraph 3 above was not satisfied.
5
The court may dispense with the requirements of either or both of paragraphs 3 and 4 if of opinion that it is just and equitable so to do.
6
In this case and in Case XII below—
“original tenancy”, in relation to a statutory tenancy, means the tenancy on the termination of which the statutory tenancy arose;
“the relevant date” means the date of the commencement of the tenancy or, as the case may be, the original tenancy, or the expiration of the period of six months beginning with the operative date, whichever is the later.
Case XII
1
The person who granted the tenancy or, as the case may be, the original tenancy (“the owner”) acquired the dwelling-house, or any interest in it, with a view to occupying it as his residence at such time as he should retire from regular employment.
2
The court is satisfied—
a
that the owner has retired from regular employment and requires the dwelling-house as his residence, or
b
that the owner has died and the dwelling-house is required as a residence for a member of his family who was residing with him at the time of his death.
3
Not later than the relevant date the owner gave notice in writing to the tenant that possession might be recovered under this Case.
4
The dwelling-house has not since the operative date been let by the owner to a tenant as respects whom the condition mentioned in paragraph 3 above was not satisfied.
5
The court may dispense with the requirements of either or both of paragraphs 3 and 4 if of opinion that it is just and equitable so to do.
Case XIII
Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 33(4)(b)
The dwelling-house is overcrowded, within the meaning of F17Part X of the Housing Act 1985, in such circumstances as to render the occupier guilty of an offence.
SCHEDULE 5 Terms of the Statutory Tenancy
Preliminary
1
1
In this Schedule the “original contract”, in relation to a statutory tenancy, means the licence or tenancy on the termination of which the statutory tenancy arose.
2
No account shall be taken for the purposes of this Schedule of any term of the original contract under which the right of occupation depended, or which itself depended, on the occupier being employed in agriculture or in some other way.
3
In this Schedule “term”, in relation to the statutory tenancy, or in relation to the original contract, includes a condition of the tenancy or contract.
Terms derived from the original licence or tenancy
2
1
So long as he retains possession, the statutory tenant shall observe, and be entitled to the benefit of, all the terms of the original contract.
2
Sub-paragraph (1) applies whether or not the terms are express or implied or statutory.
3
Sub-paragraph (1) applies subject to the provisions of this Schedule, and of Part II of this Act.
Tenancy derived from licence
3
If the original contract was a licence, the statutory tenancy shall be a weekly tenancy.
Covenant for quiet enjoyment, etc.
4
1
If the original contract was a licence, the terms of the statutory tenancy shall include any term which would be implied if the contract had been a contract of tenancy.
2
This applies in particular to the landlord’s covenant for quiet enjoyment and the tenant’s obligation to use the premises in a tenant-like manner, which are implied in any tenancy.
Non-contractual arrangements
5
1
It shall be a term of the statutory tenancy that the landlord provides the tenant with any services or facilities—
a
which the landlord was providing for the occupier before the beginning of the statutory tenancy, though not under the original contract, or which he had provided for the occupier, but was not providing when the original contract terminated, and
b
which are reasonably necessary for any person occupying the dwelling-house as a statutory tenant, but which such a tenant cannot reasonably be expected to provide for himself.
2
This paragraph may apply, for example, where the only convenient electricity or water supplies, or the only convenient sewage disposal facilities, are those provided by the landlord from his own installations.
Landlord’s obligation to repair.
6
1
F18Section 11 of the Landlord and Tenant Act 1985 shall apply to the dwelling-house so long as it is subject to the statutory tenancy.
2
This paragraph is without prejudice to the operation of paragraph 2 above where the original contract was a tenancy to which F19the said section 11 applied.
Tenant’s obligations
7
1
It shall be a condition of the statutory tenancy that the tenant will not use the dwelling-house, or any part of it, for purposes other than those of a private dwelling-house.
2
It shall be a condition of the statutory tenancy that the tenant will not assign, sub-let, or part with possession of, the dwelling-house, or any part of it.
3
Sub-paragraph (2) does not affect anything lawfully done before the beginning of the statutory tenancy.
Access by landlord
8
It shall be a condition of the statutory tenancy that the tenant will 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.
Access by tenant
9
1
The landlord shall afford any such right of access to the dwelling-house as is reasonable in the circumstances.
2
In applying sub-paragraph (1) account shall be taken of any right of access to be afforded under paragraph 2 or 4 of this Schedule.
3
Without prejudice to the definition of original contract in paragraph 1 of this Schedule, any right of access to be afforded under paragraph 2 of this Schedule shall be confined to such right of access to the dwelling-house as is reasonable in the circumstances, and without regard to any right of access afforded wholly or mainly because the occupier of the dwelling-house, or his predecessor, was employed on the land.
4
Paragraph 5 of this Schedule shall not apply to facilities for access to the dwelling-house.
5
If it is reasonably necessary in order to prevent the spread of disease which might otherwise affect livestock or crops, whether on the landlord’s land or elsewhere, the landlord may temporarily restrict access to the dwelling-house made available in pursuance of this Schedule so long as suitable alternative access is available or is made available.
6
If it is reasonably necessary in the interests of efficient agriculture, the landlord may permanently or temporarily deprive the dwelling-house of access made available in pursuance of this Schedule so long as suitable alternative access is available or is made available.
Notice to quit served on landlord
10
1
If the original contract—
a
was not a tenancy, or
b
was a tenancy the provisions of which did not require the tenant to give notice to quit before giving up possession,
the statutory tenant shall be entitled to give up possession of the dwelling-house if, and only if, he gives not less than four weeks’ notice to quit.
2
If the original contract required the tenant to give notice to quit before giving up possession, the statutory tenant shall be entitled to give up possession of the dwelling-house if, and only if, he gives that notice, or, if longer, the notice required by F20section 5 of the M8Protection from Eviction Act 1977 (four weeks’ notice).
Rates, water rates, etc.
11
1
Paragraph 2 of this Schedule shall not impose any liability on the tenant to make payments to the landlord in respect of rates borne by the landlord or a superior landlord.
2
The following provisions of this paragraph shall apply as respects any rental period of the statutory tenancy, including one as respects which an agreement under section 11 of this Act either fixes the rent or provides that no rent is payable.
3
Subject to sub-paragraph (4) below, where any rates in respect of the dwelling-house are borne by the landlord or a superior landlord, the amount of the rates for the rental period, as ascertained in accordance with F21Schedule 5 to the M9Rent Act 1977, shall be recoverable from the statutory tenant as if it were rent payable under the statutory tenancy.
4
The tenant’s liability under sub-paragraph (3) above shall not arise unless notice in writing to that effect is served by the landlord on the tenant, and that notice shall take effect from such date as may be specified in the notice, which shall not be earlier than four weeks before service of the notice.
5
If the dwelling-house forms part only of a hereditament in respect of which any rates are charged, the proportion for which the statutory tenant is liable under this paragraph shall be such as may be agreed by him with the landlord, or as may be determined by the county court; and the decision of the county court shall be final.
6
In this paragraph “rental period” means, in relation to a statutory tenancy under which no rent is payable, any period of the statutory tenancy which would be a rental period if a rent were payable under that tenancy; and in F21Schedule 5 to the M10Rent Act 1977 as applied by sub-paragraph (3) above any reference to a rental period, or to a rating period during which the rent for a rental period is payable, shall be construed accordingly.
Variation of statutory tenancy
12
1
Subject to the provisions of this paragraph, the landlord and the statutory tenant may by agreement in writing vary any of the provisions of the statutory tenancy.
2
An agreement under this paragraph may be made at any time, including a time before the beginning of the statutory tenancy.
3
So far as a variation of the provisions of the statutory tenancy concerns rent it shall be effected in accordance with section 11 of this Act, and no agreement under that section may conflict with any of the provisions of this Act.
4
This paragraph shall not authorise an agreement which results in—
a
a substantial addition to the land or premises which the statutory tenant is entitled to occupy, or
b
the breach of any obligation implied by law, and in particular the breach of the obligation imposed by F22section 11 of the Landlord and Tenant Act 1985 (landlord’s obligation to repair), or
c
the circumstances in which the statutory tenant can give notice to quit, or
d
the inclusion of any term which relates to the employment by the landlord of the tenant, or of any other term unrelated to the occupation of the dwelling-house.
5
The following bind any successor of the landlord or the tenant under a statutory tenancy to the same extent as they bind the landlord, or as the case may be the tenant—
a
an agreement under this paragraph,
b
an agreement under section 10(3)(b) or section 11 of this Act,
c
section 11(9) (rent payable after termination of agreement),
d
a notice of increase by the landlord under section 12 or section 14 of this Act,
e
a notice under paragraph 11 of this Schedule (rates recoverable by landlord from statutory tenant).
SCHEDULE 6 . . . F23
Sch. 6 repealed (with saving) by S.I. 1987/264, arts. 2(2)(b), 3, Sch. 2
SCHEDULE 7 . . . F24
C7SCHEDULE 8 Consequential and Minor Amendments
The text of Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
1
At the end of section 14(2) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 add the following words—
or
c
is a dwelling-house which is subject to a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976.
2
At the end of section 18(3) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 add the following words—
or
c
where the premises are a dwelling-house subject to a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
Matrimonial Homes Act 1967 (c. 75)
16
In section 7 of the Matrimonial Homes Act 1967 (provision for case where Rent Act applies and marriage is terminated by divorce etc.)—
a
in subsection (1) for the words “a protected tenancy or of a statutory tenancy” substitute the words—
a
a protected tenancy or statutory tenancy within the meaning of the Rent Act 1968, or
b
a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976
b
in subsection (2) after the words “protected tenancy” insert the words “within the meaning of the Rent Act 1968”;
c
in subsection (3) after the words “statutory tenancy”, in the first place where they occur, insert the words “within the meaning of the Rent Act 1968”;
d
after subsection (3) insert the following subsection—
3A
Where the spouse is entitled as aforesaid to occupy the dwelling-house by virtue of a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976, the court may by order direct that, as from the date on which the decree is made absolute, that spouse shall cease to be entitled to occupy the dwelling-house and that his or her former spouse shall be deemed to be the tenant or, as the case may be, the sole tenant under that statutory tenancy; and a spouse who is deemed as aforesaid to be the tenant under a statutory tenancy shall be (within the meaning of that Act) a statutory tenant in his own right, or a statutory tenant by succession, according as his or her former spouse was a statutory tenant in his own right, or a statutory tenant by succession.
e
for subsection (8) substitute the following subsection—
8
In this section— “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 II of the Rent Act 1968 or Part II of the Rent (Agriculture) Act 1976 would be, entitled to possession of the dwelling-house; “tenancy” includes sub-tenancy.
Leasehold Reform Act 1967 (c. 88)
17
In section 16(1) of the Leasehold Reform Act 1967 (exclusion of further right after extension), at the end of paragraph (d) add the words “or under the Rent (Agriculture) Act 1976”.
18
In paragraph 3 of Schedule 2 to the Leasehold Reform Act 1967 (provisions applicable on termination of tenancy)—
a
in sub-paragraph (2) for the words “subsection (3)” substitute the words “subsection 5” and after the words “applying or extending it” insert the words “or under subsection (2) of section 9 of the Rent (Agriculture) Act 1976 as extended by subsection (5) of that section”, and
b
in sub-paragraph (3) after the words “that part of that Act” insert the words “or of the Rent (Agriculture) Act 1976”.
19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
SCHEDULE 9 Transitional
Licence or tenancy granted before operative date: resident landlord on and after that date
1
A licence or tenancy which was granted before the operative date shall not be a relevant licence or tenancy if, on the assumption—
a
that it was granted on the operative date, and
b
that the condition in paragraph (b) of subsection (1) of section 5A of the M11Rent Act 1968 (no protected tenancy in certain cases where landlord’s interest belongs to resident landlord) was fulfilled,
it would be precluded from being a relevant licence or tenancy by virtue of the said section 5A as applied by Schedule 2 to this Act.
Protected occupancy arising on or after operative date
2
1
This paragraph applies as respects the question whether at any date which is on or after the operative date a person who has, in relation to a dwelling-house, a relevant licence or tenancy is a protected occupier of the dwelling-house.
2
So far as the question depends on prior circumstances, they shall be taken into account even if occurring before the operative date.
3
In applying this paragraph to section 2(3) or to section 3 of this Act (so that the question whether a person is a protected occupier depends on whether he or another person was, at a time before the material date, a protected occupier or statutory tenant) it shall be assumed that this Act and the provisions of the Rent Act 1968 which are applied by Schedule 2 to this Act, including (where relevant) any amendments to those provisions, were in force at all material times before the operative date.
Statutory tenancy arising on operative date
C83
A person who is occupying a dwelling-house as his residence on the operative date shall become the statutory tenant of the dwelling-house if, on the assumption that this Act and the provisions of the Rent Act 1968 which are applied by Schedule 2 to this Act, including (where relevant) any amendments to those provisions, were in force at all material times before that date, he would be a statutory tenant of the dwelling-house on that date, and this Act shall thereafter apply to him, and by reference to him, on that assumption.
Statutory tenancy: order for possession before operative date
4
1
Where before the operative date a court has made an order for possession of a dwelling-house which on the operative date is subject to a statutory tenancy and the order has not been executed, the court may, on the application of the person against whom the order was made, rescind or vary the order in such manner as the court thinks fit for the purpose of giving effect to this Act.
2
If proceedings for possession of the dwelling-house are pending on the operative date, Part II of this Act shall apply as it would apply to proceedings commenced on the operative date.
Dwelling subject to Part VI contract: pending notice to quit
5
1
In any case where—
a
before the operative date a notice to quit has been served in respect of a dwelling to which a Part VI contract then related, and
b
the period at the end of which that notice to quit takes effect had, before the operative date, been extended under Part VI of the Rent Act 1968, and
c
that period had not expired before the operative date, and
d
on the operative date the Part VI contract becomes a protected occupancy,
the notice to quit shall take effect on the day following the operative date (whenever it would otherwise take effect) and, accordingly, on that day the protected occupancy shall become a statutory tenancy.
2
In this paragraph “Part VI contract” has the meaning given by section 70(6) of the Rent Act 1968.
Section 10A tenancy: order for possession before operative date
6
1
This paragraph applies to a dwelling-house which is let on or subject to a tenancy which is a protected or statutory tenancy for the purposes of the Rent Act 1968 and which—
a
if it were a tenancy at a low rent, and
b
if (where relevant) any earlier tenancy granted to the tenant, or to a member of his family, had been a tenancy at a low rent,
would be a protected occupancy or statutory tenancy (that is to say a tenancy to which section 10A of that Act, inserted by this Act, applies).
2
Where—
a
before the operative date a court has made an order for possession of the dwelling-house, and
b
the order has not been executed, and
c
the order was made under Case 7, 12, 13 or 14 of Schedule 3 to the M12Rent Act 1968,
the court shall on the application of the person against whom the order was made rescind the order, or vary it in such manner as the court thinks fit for the purposes of giving effect to the said section 10A.
3
If proceedings for an order for possession of a dwelling-house are pending on the operative date, the said section 10A shall apply to the proceedings as it would apply to proceedings commenced on the operative date.
Forestry workers
C97
1
This paragraph applies to a person—
a
who becomes a protected occupier or statutory tenant at a time on or after the date of operation for forestry workers, and
b
who, if the date of operation for forestry workers fell after that time, would not at that time (having regard to the provisions of paragraph 9 of Schedule 3 to this Act) have become a protected occupier or statutory tenant.
2
In relation to such a person references to the operative date in—
a
Cases VIII, X, XI and XII of Schedule 4, and
b
paragraphs 4 and 5 of this Schedule,
shall be taken as references to the date of operation for forestry workers.
3
In determining in accordance with paragraphs 1, 2 and 3 of this Schedule whether a person is a protected occupier or statutory tenant who would be a person to whom this paragraph applies, references in those paragraphs to the operative date shall be taken as references to the date of operation for forestry workers.
4
If, on the assumptions in paragraphs (a) and (b) of paragraph 6(1) of this Schedule the tenant would be a person to whom this paragraph applies, references to the operative date in sub-paragraphs (2) and (3) of that paragraph shall be taken as references to the date of operation for forestry workers.
Sch. 2 excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 18(6)(a)(ii); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)