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Rent Act 1977

Status:

This is the original version (as it was originally enacted).

Section 156.

SCHEDULE 23Consequential Amendments

Landlord and Tenant Act 1927 (c. 36)

1In section 16 of the Landlord and Tenant Act 1927, for " Part V of the Rent Act 1968 " substitute " Part II of the Rent Act 1977 ".

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

2In section 4(2) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)for the words from " to which" to " Acts apply " substitute " let on or subject to a protected tenancy or statutory tenancy within the meaning of the Rent Act 1977 "; and

(b)for the words from " paragraph (a) " to " 1933 " substitute " Case 1 in Schedule 15 to the Rent Act 1977 ".

3In section 15 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)in subsection (1), for " section 70(1) of the Rent Act 1968 ", " section 78 of the Rent Act 1968 " and " said section 78 " substitute respectively " section 19(2) of the Rent Act 1977 " section 104 of the Rent Act 1977" and "said section 104 ";

(b)in subsection (2)(c), for the words from " to which" to " Acts apply " substitute " let on or subject to a protected tenancy or statutory tenancy within the meaning of the Rent Act 1977 ";

(c)in subsections (4) and (5), for "section 78" substitute, in each case, " section 104 "; and

(d)in subsection (5), for the words from " the operation " to the end, substitute " being a restricted contract (within the meaning of the Rent Act 1977) by paragraph 17 of Schedule 24 to that Act ".

4In section 16 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)in subsection (1), for " Part II of the Rent Act 1968 " substitute " Part VII of the Rent Act 1977 ";

(b)in subsection (2)(a), for " the Rent Act 1968 " substitute " the Rent Act 1977 " and for the words from " paragraphs (a)" to " section 1 " substitute " section 4(2) ";

(c)in subsection (2)(b), for the words from " subsection " to the end substitute " section 14 or 15(2)(b) of the Rent Act 1977 ";

(d)in subsection (2)(c), for the words from " subsection (5)" to " 1968 " substitute " subsection (3) of section 15 of the Rent Act 1977 " and for " (6) " substitute " (4) ";

(e)in subsection (2)(d), for the words from " paragraph (a)" to " 1968 " substitute " section 5(1) of the Rent Act 1977 ";

(f)in subsection (2)(e), for the words from " paragraph (d) " to the end, substitute " section 10 of the Rent Act 1977 ";

(g)in subsection (4), for "Part V of the Rent Act 1968" and " section 52(1) " substitute respectively " Part II of the Rent Act 1977 " and "section 27(1)" ;

(h)in subsection (5), for " sections 54 and 55 of the Rent Act 1968 ", " section 56 " and " Schedule 9 " substitute respectively " sections 29 and 30 of the Rent Act 1977 " , " section 32 " and " Schedule 6 " ; and

(i)in subsections (6) and (7), for " Part V of the Rent Act 1968 substitute, in each case, " Part II of the Rent Act 1977 ".

5In section 17 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 for " section 102 of the Rent Act 1968 " and " said section 102 " substitute respectively " section 22 of the Rent Act 1977 " and " said section 22 ".

6In section 18(1) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 for " Part II of the Rent Act 1968 " and " the Rent Act 1968 " substitute respectively " Part VII of the Rent Act 1977 " and " the Rent Act 1977 ".

7In section 19 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)in subsection (1), for " the Rent Act 1968 " substitute " the Rent Act 1977 "; and

(b)in subsection (5), for " Part VIII of the Rent Act 1968 " substitute " Part X of the Rent Act 1977 ".

8In section 20 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)in subsection (1), for " Schedule 3 to the Rent Act 1968 " substitute " Schedule 15 to the Rent Act 1977 ";

(b)in subsection (2), for " Case 7 in the said Schedule 3" and " Part II of the Rent Act 1968 " substitute respectively " Case 8 in the said Schedule 15 "and " Part VII of the Rent Act 1977 " ; and

(c)in subsection (3), for " Schedule 3 " and " section 10(1) of the Rent Act 1968 " substitute respectively " Schedule 15 " and " section 98(1) of the Rent Act 1977 ".

9In section 22 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)in subsection (1), for " Part II, Part III or Part IV of the Rent Act 1968" and "Part VI" substitute, respectively, " Part III, IV or VII of the Rent Act 1977 " and " Part V " ; and

(b)in subsection (3A), for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

10In section 23 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)in the definition of "agricultural land", for "section 1(2) of the Rent Act 1968 " substitute " section 26 of the Rent Act 1977 ";

(b)in the definitions of " landlord ", and " statutory tenancy ", and in subsection (3) for " the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ".

Housing Repairs and Rents Act 1954 (c. 53)

11In section 50(1) of the Housing Repairs and Rents Act 1954 for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

Landlord and Tenant Act 1954 (c. 56)

12In section 2(5) of the Landlord and Tenant Act 1954 (as originally enacted), for paragraphs (a) and (b) substitute " for the purposes of this subsection the rateable value of the property is that which would be taken as its rateable value for the purposes of section 5 of the Rent Act 1977 ".

13In section 2 of the Landlord and Tenant Act 1954, at the end add the following subsection:—

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

In this section "long tenancy" does not include a tenancy which is, or may become, terminable before the end of the term by notice given to the tenant.

14In section 10(2) of the Landlord and Tenant Act 1954, for " Schedule 3 " substitute " Schedule 15 ".

15In section 12(1)(b) of the Landlord and Tenant Act 1954 for " Cases 1 to 8 in Schedule 3 " substitute " Cases 1 to 9 in Schedule 15 ".

16In section 22(1) of the Landlord and Tenant Act 1954, in the definition of " the Rent Act ", for " the Rent Act 1968 " and " Parts III to VI" substitute, respectively, " the Rent Act 1977 " and " Parts II to V ".

17In section 40(5) of the Landlord and Tenant Act 1954, for the words from " the Rent " to " 1939 " substitute " the Rent Act 1977 ".

18In section 43(1)(c) of the Landlord and Tenant Act 1954, for " section 9(3) of the Rent Act 1968 " substitute " section 24(2) of the Rent Act 1977 ".

19In paragraph 17 of Schedule 1, and in paragraph 4 of Schedule 2, to the Landlord and Tenant Act 1954, for " Schedule 3 " substitute, in each case, " Schedule 15 ".

20In Schedule 3 to the Landlord and Tenant Act 1954, in paragraph 2, for " Schedule 3 " and " section 10(1)(a)" substitute respectively " Schedule 15 " and " section 98(1)(a) ".

Requisitioned Houses and Housing (Amendment) Act 1955 (c. 24)

21In subsections (2)(b) and (3) of section 4 of the Requisitioned Houses and Housing (Amendment) Act 1955, for " the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ".

Housing Act 1957 (c. 56)

22In sections 16(5), 22(5) and 27(5) of the Housing Act 1957, for "the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ".

23In section 68(2) of the Housing Act 1957 for " the Rent Act 1968" substitute, in each case, " the Rent Act 1977 " and for " paragraph 1 of Part IV of Schedule 3 to " substitute " paragraph 3 of Schedule 15 to ".

24In section 73(4) of the Housing Act 1957, for "the Rent Act 1968 " substitute " the Rent Act 1977 ".

25In section 104(3) of the Housing Act 1957, in paragraph (b) (as it applies to conditions imposed before 8th December 1965), for "Schedule 13 to the Rent Act 1968" substitute " Schedule 21 to the Rent Act 1977 ".

26In section 158 of the Housing Act 1957, for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

27In Schedule 2 to the Housing Act 1957, in paragraph 7(2) for " the Rent Act 1968 ", in the definition of " interest", substitute " the Rent Act 1977 ".

Housing (Financial Provisions) Act 1958 (c. 42)

28In section 46 of the Housing (Financial Provisions) Act 1958—

(a)in subsection (1)(b), as it applies to conditions imposed before 8th December 1965, for "section 110 of or Schedule 13 to the Rent Act 1968" substitute " section 145 of, or Schedule 21 to, the Rent Act 1977 "; and

(b)in subsection (2A) for " section 10A of the Rent Act 1968 " substitute " section 99 of the Rent Act 1977 ".

County Courts Act 1959 (c. 22)

29In section 94(1)(b) of the County Courts Act 1959, for " the Rent Act 1968" and "Part VI or Part VII" substitute respectively " the Rent Act 1977 " and " Part V, sections 103 to 106 or Part IX ".

30In section 109(4) of the County Courts Act 1959, for paragraphs (b) and (c) substitute:—

(b)section 98 of the Rent Act 1977 as it applies to Cases 1 to 9 in Schedule 15 to that Act, or that section as extended or applied by any other document;

(c)section 99 of the Rent Act 1977, as it applies to Cases 1 to 7 and Case 9 in Schedule 15 to that Act; or.

Landlord and Tenant Act 1962 (c. 50)

31In section 2 of the Landlord and Tenant Act 1962—

(a)in subsection (1)(b), for the words from " contract to" to " 1968 " substitute " restricted contract within the meaning of the Rent Act 1977 "; and

(b)in subsection (1)(c), for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

32In section 5 of the Landlord and Tenant Act 1962, for " the said section 107 " substitute " section 149 of the Rent Act 1977 ".

Housing Act 1964 (c. 56)

33In section 34(3) of the Housing Act 1964, for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

34In section 74(2) of the Housing Act 1964, for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

35In section 75 of the Housing Act 1964—

(a)in subsection (3), for " Section 5 of the Rent Act 1968, that section" and "Act of 1968" substitute, respectively, " Sections 14 to 16 of the Rent Act 1977, those sections " and " Act of 1977 " ; and

(b)in subsection (3A), for " the Rent Act 1968 " and " Act of 1968" substitute respectively " the Rent Act 1977 " and " Act of 1977 ".

36In section 81(3) of the Housing Act 1964, for " section 69 of the Rent Act 1968 " substitute " section 76 of the Rent Act 1977 ".

37In Schedule 2 to the Housing Act 1964, in paragraph 4, for " section 56(1) of the Rent Act 1968 " substitute " section 32(1) of the Rent Act 1977 ".

38In Schedule 4 to the Housing Act 1964, in paragraph 2, for "paragraph 1(d) of Schedule 2 to the Rent Act 1968" substitute " section 17(1)(b) of the Rent Act 1977 ".

New Towns Act 1965 (c. 59)

39In section 22(3) of the New Towns Act 1965, for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

Matrimonial Homes Act 1967 (c. 75)

40In section 1(5) of the Matrimonial Homes Act 1967, for " the Rent Act 1968 (other than Pt VI thereof) " substitute " the Rent Act 1977 (other than Part V and sections 103 to 106) ".

41In section 7 of the Matrimonial Homes Act 1967—

(a)in subsections (1)(c), (2) and (3), for "the Rent Act 1968" substitute, in each case, " the Rent Act 1977 "; and

(b)in subsection (8), for " Part II of the Rent Act 1968 " substitute " Part VII of the Rent Act 1977 ".

Leasehold Reform Act 1967 (c. 88)

42In sections 1(4) and 4(1)(a) of the Leasehold Reform Act 1967, for " section 6(3) of the Rent Act 1968 " substitute, in each case. " section 25(3) of the Rent Act 1977 ".

43In section 16(1)(d) of the Leasehold Reform Act 1967, for " Part II of the Rent Act 1968 " substitute " Part VII of the Rent Act 1977 ".

44In section 37(6) of the Leasehold Reform Act 1967, for " Sections 6(1), (2) and (4) of the Rent Act 1968 " substitute " Section 25(1), (2) and (4) of the Rent Act 1977 ".

45In Schedule 2 to the Leasehold Reform Act 1967, in paragraph 3(2), for "subsection (2) of section 18 of the Rent Act 1968 " substitute " subsection (2) of section 137 of the Rent Act 1977 ", and in paragraph 3(3) for " Part II of the Rent Act 1968 " substitute " Part VII of the Rent Act 1977 ".

46In Schedule 5 to the Leasehold Reform Act 1967—

(a)in paragraphs 3(1) and (2) and 4(1), (2) and (5), for "the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ";

(b)in paragraph 3(2)(b), for " section 22(1)" substitute " section 45(2) ";

(c)in paragraph 3(2)(c), for " sections 23 to 25" substitute " sections 46 to 48 ";

(d)in paragraph 4(2), for " section 48 " substitute " section 72 ";

(e)in paragraph 4(3), for " section 22(2)(b) of the Rent Act 1968 " substitute " section 45(2)(b) of the Rent Act 1977 ";

(f)in paragraph 4(4), for " section 46(1) of the Rent Act 1968 " substitute " section 70(1) of the Rent Act 1977 ";

(g)in paragraph 6(5), for " the Rent Act 1968 " substitute " the Rent Act 1977 ";

(h)in paragraph 7(1)(b), for "the Rent Act 1968" substitute " the Rent Act 1977 "; and

(i)for paragraph 10, substitute:—

10(1)Section 74(2) of the Rent Act 1977 (which confers power by regulations to modify certain provisions of Part IV of that Act) shall apply also to this Schedule in so far as it affects section 67 or 72 of, or Schedule 11 to, that Act.

(2)In so far as they relate to the Rent Act 1977, section 39 of this Act and this Schedule shall have effect subject to section 153 of that Act (which confers power to adapt the Act in its application to the Isles of Scilly) as if those provisions of this Act were contained in that Act.

Housing Act 1969 (c. 33)

47In section 60(7) of the Housing Act 1969, for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

48In paragraph 5(2) of Schedule 5 to the Housing Act 1969, in the definition of " interest", for " the Rent Act 1968" substitute " the Rent Act 1977 ".

Fire Precautions Act 1971 (c. 40)

49In section 28 of the Fire Precautions Act 1971—

(a)in subsections (2) and (5)(b), for " section 12 of the Rent Act 1968 " substitute " section 3 of the Rent Act 1977 "; and

(b)in subsection (4), for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

50In section 34 of the Fire Precautions Act 1971, for the words from the beginning to " Part III of that Schedule " substitute " The provisions of Part III of the Schedule to this Act ".

Pensions (Increase) Act 1971 (c. 56)

51In Schedule 2 to the Pensions (Increase) Act 1971, in paragraph 63, at the end add " or section 63 of the Rent Act 1977 ".

Housing Finance Act 1972 (c. 47)

52In section 19 of the Housing Finance Act 1972—

(a)in subsection (4), for " the Rent Act 1968", where those words first occur, substitute " the Rent Act 1977 " and for the words from " a contract" to the end substitute " a contract which is a restricted contract for the purposes of that Act or would be a restricted contract but for section 19(5)(c) thereof ";

(b)in subsection (5), for " section 5 of the Rent Act 1968 " substitute " section 15 of the Rent Act 1977 ";

(c)in subsection (6), for " section 4 of the Rent Act 1968" substitute " section 13 of the Rent Act 1977 " and for the words from " to which" to the end substitute " which would be a restricted contract for the purposes of that Act but for section 19(5)(b) thereof ";

(d)in subsection (6A), for " section 5(7) of the Rent Act 1968 " substitute " section 16 of the Rent Act 1977 ";

(e)in subsection (6B), for " the Rent Act 1968 " substitute " the Rent Act 1977 ";

(f)in subsection (7), for paragraph (a) substitute:—

(a)section 24(2) of the Rent Act 1977 applies in his case or he occupies a dwelling under a restricted letting, and;

and in paragraph (b) for " section 9(3) " substitute " section 24(2) " ; and

(g)in subsection (8A), for "Part VI letting" substitute " restricted letting ".

53In section 25(6) of the Housing Finance Act 1972 for " the Rent Act 1968 " substitute " Rent Act 1977 ".

54In section 26(1) of the Housing Finance Act 1972—

(a)in the definition of " dwelling ", for " Part VI of the Rent Act 1968 " substitute " Part V of the Rent Act 1977 ";

(b)in the definition of " landlord " for " the Rent Act 1968 " substitute " the Rent Act 1977 " :

(c)omit the definition of " Part VI letting ";

(d)after the definition of " rebate scheme " insert:—

  • ' restricted letting ' means a contract which is a restricted contract for the purposes of the Rent Act 1977, or would be a restricted contract but for section 19(5)(b) or (c) thereof;

(e)in the definition of "sub-let", for "the Rent Act 1968" substitute " the Rent Act 1977 "; and

(f)in the definition of "tenant", in paragraph (d), for "Part VI letting " substitute " restricted letting ".

55In section 91A(8) of the Housing Finance Act 1972, for paragraph (b) substitute:—

(b)where the tenant is a protected tenant or a statutory tenant within the meaning of the Rent Act 1977 or a lessee within the meaning of Part V of that Act (restricted contracts).

56In paragraph 14 of Schedule 4 to the Housing Finance Act 1972—

(a)in sub-paragraph (1)(a), for " Part V of the Rent Act 1968 " substitute " Part II of the Rent Act 1977 ";

(b)in sub-paragraph (1)(b), for " the Rent Act 1968 " and " Schedule 6 to this Act"' substitute, respectively, " the Rent Act 1977 " and " Schedule 9 to that Act" ;

(c)in sub-paragraph (1)(d), for " Part VIII of this Act" substitute " Part VI of the Rent Act 1977 ";

(d)in sub-paragraph (1)(f), for " section 44(5) of the Rent Act 1968 " substitute " section 67(6) of the Rent Act 1977 ";

(e)in sub-paragraph (1)(h), for " Part VI letting " and " section 74 of the Rent Act 1968 " substitute respectively " restricted letting "and " section 79 of the Rent Act 1977 " ;

(f)in sub-paragraph (3), for " section 33 of the Rent Act 1968 " substitute " section 57 of the Rent Act 1977 ";

(g)in sub-paragraph (3A) for " section 40 of the Rent Act 1968 " substitute " section 63 of the Rent Act 1977 "; and

(h)in sub-paragraph (4) for " the Rent Act 1968 " substitute " the Rent Act 1977 ".

57In paragraph 14A of Schedule 4 to the Housing Finance Act 1972—

(a)in sub-paragraph (1)(a) for " the Rent Act 1968 " substitute " the Rent Act 1977 "; and

(b)in sub-paragraph (4), for " section 40 of the Rent Act 1968 " substitute " section 63 of the Rent Act 1977 ";

Agriculture (Miscellaneous Provisions) Act 1972 (c. 62)

58In section 24 of the Agriculture (Miscellaneous Provisions) Act 1972, for " those Cases " substitute " that Case ".

Land Compensation Act 1973 (c. 26)

59In section 29(1)(d) and 37(1)(d) of the Land Compensation Act 1973, for the words from " or falls " to the end substitute, in each case, " or is specified in an order made by the Secretary of State under section 80 of the Housing Finance Act 1972 or paragraph 23 of Schedule 1 to the Housing Rents and Subsidies Act 1975 ".

Housing Act 1974 (c. 44)

60(1)In section 31(1) of the Housing Act 1974, in paragraph (b) after " 1972 " insert " Part VI of the Rent Act 1977 " and in paragraph (c) after " Part VIII ' insert " or Part VI ".

(2)In section 32(1) of the Housing Act 1974, for the words from " falling " to " 18(1) above " substitute " which is for the time being specified in an order made by the Secretary of State under section 80 of the Housing Finance Act 1972 or paragraph 23 of Schedule 1 to the Housing Rents and Subsidies Act 1975 ".

61In section 47(6) of the Housing Act 1974 for paragraph (c) substitute:—

(c)consisting of the grant of a protected tenancy or the entering into of a restricted contract, within the meaning of the Rent Act 1977; or.

62In section 74(2) of the Housing Act 1974, in paragraphs (a), (d) and (f) for " Part VI" substitute, in each case, " restricted ".

63In section 74(4) of the Housing Act 1974—

(a)for the definition of "Part VI contract" substitute " ' restricted contract' has the same meaning as in section 19 of the Rent Act 1977 ; ";

(b)for " Part VII", in the definition of a premium, substitute " Part IX ";

(c)in paragraph (b) of the definition of a registered rent, for " Part VI " and " section 74 " substitute respectively " restricted " and " section 79 " ; and

(d)in the definition of the relevant day, for " Part VI" substitute " restricted ".

64In section 99(2)(f) of the Housing Act 1974, for " section 5(3) of the Rent Act 1968 " substitute " section 15(5) of the Rent Act 1977 ".

65In section 104(1) of the Housing Act 1974, in the definition of an occupying tenant, for " the Rent Act 1968 ", in paragraph (b), substitute " the Rent Act 1977 " and for paragraph (c) substitute:—

(c)occupies the dwelling as a residence under a restricted contract within the meaning of section 19 of the Rent Act 1977 ; or.

66In section 122(8), and in the definition of a statutory tenant in section 125(2), of the Housing Art 1974, for "the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ".

Rent Act 1974 (c. 51)

67In section 17(6) of the Rent Art 1974, for the words from the beginning to "do not extend" substitute " Section 11 of this Act does not extend ".

68In Schedule 1 to the Rent Act 1974—

(a)in paragraph 4 for " Part VI", in sub-paragraph (1), substitute " Part VII " and omit sub-paragraph (2);

(b)in paragraph 5(2) for " each of the cases referred to in sub-paragraph (1) above" and " the case in question " substitute, in each case, " Case 11 ", and omit from " section 79 " to " case may be ".

Housing Rents and Subsidies Act 1975 (c. 6)

69In section 17(11) of the Housing Rents and Subsidies Act 1975, for the words from " except" to " 4 " substitute " except section 11 ".

70In Schedule 1 to the Housing Rents and Subsidies Act 1975, in paragraph 15(4), for " Schedule 5 to the Rent Act 1968 " substitute " Schedule 10 to the Rent Act 1977 ".

Community Land Act 1975 (c. 77)

71In paragraph 22 of Schedule 4 to the Community Land Act 1975, for sub-paragraph (a) substitute " (a) the Rent Act 1977, or ".

Rent (Agriculture) Act 1976 (c. 80)

72In section 4(5) of the Rent (Agriculture) Act 1976, for " section 3(2) of the Rent Act 1968 " substitute " section 2(3) of the Rent Act 1977 ".

73In section 5 of the Rent (Agriculture) Act 1976—

(a)in subsection (3)(f), for " section 5(3) of the Rent Act 1968 " substitute " section 15(5) of the Rent Act 1977 "; and

(b)in subsection (4), for " section 5(6) of the Rent Act 1968 " substitute " section 15(4) of the Rent Act 1977 ".

74In section 9 of the Rent (Agriculture) Act 1976—

(a)in subsection (1), for " the Rent Act 1968 " and " section 10(1) or 10A(2)" substitute respectively " the Rent Act 1977 " and "section 98 or 99(2)"; and

(b)in subsections 4(b) and (5) for "the Rent Act 1968" substitute, in each case, " the Rent Act 1977 ".

75In section 13 of the Rent (Agriculture) Act 1976—

(a)in subsections (1) and (2), for " the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ";

(b)in subsection (2), for paragraphs (a) to (c) substitute:—

(a)sections 67 and 70

(b)section 71, except subsection (3), and

(c)Part I of Schedule 11,;

(c)in subsection (3), for the words from "sections 44A" to the end substitute " sections 68, 69, 71(3), 72 or 73 of the Rent Act 1977 or Part II of Schedule 11 or Schedule 7 to that Act ";

(d)in subsection (5), for " subsection (3A) of section 44 of the Rent Act 1968 " and " section 44 " substitute, respectively, " subsection (4) of section 67 of the Rent Act 1977 " and " section 67 " ; and

(e)in subsection (7), for " section 44(3) of the Rent Act 1968 " substitute " section 67(3) of the Rent Act 1977 ".

76In section 15(4) of the Rent (Agriculture) Act 1976, for " section 47(4) of the Rent Act 1968 " substitute " section 71(4) of the Rent Act 1977 ".

77In sections 19, 27(2) and 33(3), and in the definition of tenancy at a low rent in section 34(1), of the Rent (Agriculture) Act 1976. for " the Rent Act 1968 " substitute, in each case, " the Rent Act 1977 ".

78In paragraph 1 of Schedule 2 to the Rent (Agriculture) Act 1976, for sub-paragraph (b) substitute:—

(b)if the provisions of Part I of the Rent Act 1977 relating to exceptions to the definition of 'protected tenancy' were modified as mentioned in paragraph 3 below,.

79In paragraph 2 of Schedule 2 to the Rent (Agriculture) Act 1976—

(a)for " the Rent Act 1968 ", in sub-paragraph (a), substitute the Rent Act 1977 " ; and

(b)for " section 2 of that Act", in sub-paragraph (b), substitute the provisions of that Act mentioned in paragraph 1(b) above ".

80For paragraph 3 of Schedule 2 to the Rent (Agriculture) Act 1976 substitute:—

3(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.).

(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.'

81In paragraph 4 of Schedule 2 to the Rent (Agriculture) Act 1976—

(a)for " the Rent Act 1968 " substitute " the Rent Act 1977 "; and

(b)for " section 4 ", " section 5 ", " section 5A " and " section 6 " substitute, respectively, " section 13 " , " sections 14 to 16 ", " section 12 " and " section 25 ".

82In Schedule 4 to the Rent (Agriculture) Act 1976—

(a)in paragraph 2(a), for " the Rent Act 1968 " substitute " the Rent Act 1977 ";

(b)in paragraph 2(b), for " Part II of the Rent Act 1968 " substitute " Part VII of the Rent Act 1977 "; and

(c)in Case X, for " Part III, Part V or Part VI of the Rent Act 1968 " substitute " Part II, Part III or Part V of the Rent Act 1977 ".

83In Schedule 5 to the Rent (Agriculture) Act 1976, in sub-paragraphs (3) and (6) of paragraph 11, for " Schedule 4 to the Rent Act 1968 " substitute, in each case, " Schedule 5 to the Rent Act 1977 ".

84In Schedule 6 to the Rent (Agriculture) Act 1976—

(a)in paragraph 2(b), for " section 47(4) of the Rent Act 1968 " substitute " section 71(4) of the Rent Act 1977; and

(b)in paragraph 5, for " Schedule 6 to the Rent Act 1968 " substitute " Schedule 11 to the Rent Act 1977 ".

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