C4C5C6PART IV SECURE TENANCIES AND RIGHTS OF SECURE TENANTS
Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)
Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))
Supplementary provisions
F1109A Acquisition of dwelling-house subject to statutory tenancy.
Where an authority or body within section 80 (the landlord condition for secure tenancies) becomes the landlord of a dwelling-house subject to a statutory tenancy, the tenancy shall be treated for all purposes as if it were a contractual tenancy on the same terms, and the provisions of this Part apply accordingly.
110 Jurisdiction of county court.
1
A county court has jurisdiction to determine questions arising under this Part and to entertain proceedings brought under this Part and claims, for whatever amount, in connection with a secure tenancy.
2
That jurisdiction includes jurisdiction to entertain proceedings on the following questions—
a
whether a consent required by section 92 (assignment by way of exchange) was withheld otherwise than on one or more of the grounds set out in Schedule 3,
b
whether a consent required by section 93(1)(b) or 97(1) (landlord’s consent to subletting of part of dwelling-house or to carrying out of improvements) was withheld or unreasonably withheld, or
c
whether a statement supplied in pursuance of section 104(2)(b) (written statement of certain terms of tenancy) is accurate,
notwithstanding that no other relief is sought than a declaration.
F23
If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court, he is not entitled to recover any costs.
111 County court rules and directions.
1
The Lord Chancellor may make such rules and give such directions as he thinks fit for the purpose of giving effect to—
a
section 85 (extended discretion of court in certain proceedings for possession), and
b
section 110 (jurisdiction of county court to determine questions arising under this Part).
2
The rules and directions may provide—
a
for the exercise by a registrar of a county court of any jurisdiction exercisable under the provisions mentioned in subsection (1), and
b
for the conduct of proceedings in private.
3
The power to make rules is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F3111A Introductory tenancies
Sections 102(1), (2) and (3)(a), 103 and 108 apply in relation to introductory tenancies as they apply in relation to secure tenancies.
112 Meaning of “dwelling-house”.
1
For the purposes of this Part a dwelling-house may be a house or a part of a house.
2
Land let together with a dwelling-house shall be treated for the purposes of this Part as part of the dwelling-house unless the land is agricultural land (as defined in section 26(3)(a) of the M1General Rate Act 1967) exceeding two acres.
113C1C2C3Members of a person’s family.
1
A person is a member of another’s family within the meaning of this Part if—
a
he is the spouse of that person, or he and that person live together as husband and wife, or
b
he is that person’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece.
2
For the purpose of subsection (1)(b)—
a
a relationship by marriage shall be treated as a relationship by blood,
b
a relationship of the half-blood shall be treated as a relationship of the whole blood,
c
the stepchild of a person shall be treated as his child, and
d
an illegitimate child shall be treated as the legitimate child of his mother and reputed father.
114 Meaning of “landlord authority”.
1
In this Part “landlord authority” means—
a local housing authority,
a F4registered social landlord other than a co-operative housing association,
a housing trust F5, or which is a charity,
a development corporation,
an urban development corporation, F7. . .
F7. . .
other than an authority in respect of which an exemption certificate has been issued.
2
The Secretary of State may, on an application duly made by the authority concerned, issue an exemption certificate to—
if he is satisfied that it has transferred, or otherwise disposed of, at least three-quarters of the dwellings which have at any time before the making of the application been vested in it.
3
The application shall be in such form and shall be accompanied by such information as the Secretary of State may, either generally or in relation to a particular case, direct.
115 Meaning of “long tenancy”.
1
The following are long tenancies for the purposes of this Part, subject to subsection (2)—
a
a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;
b
a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy;
c
any tenancy granted in pursuance of Part V (the right to buy) F8, including any tenancy granted in pursuance of that Part as it has effect by virtue of section 17 of the Housing Act 1996 (the right to acquire).
2
A tenancy granted so as to become terminable by notice after a death is not a long tenancy for the purposes of this Part, unless—
a
it is granted by a housing association which at the time of the grant is F9a registered social landlord,
b
it is granted at a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, and
c
at the time it is granted it complies with the requirements of the regulations then in force under section 140(4)(b) of the M2Housing Act 1980 F10or paragraph 4(2)(b) of schedule 4A to the Leasehold Reform Act 1967 (conditions for exclusion of shared ownership leases from Part I of the M3Leasehold Reform Act 1967) or, in the case of a tenancy granted before any such regulations were brought into force, with the first such regulations to be in force.
F11115A Meaning of “introductory tenancy”.
In this Part “introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996.
116 Minor definitions.
In this Part—
“common parts”, in relation to a dwelling-house let under a tenancy, means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses let by the landlord;
“housing purposes” means the purposes for which dwelling-houses are held by local housing authorities under Part II (provision of housing) or purposes corresponding to those purposes;
“rental period” means a period in respect of which a payment of rent falls to be made;
“term”, in relation to a secure tenancy, includes a condition of the tenancy.
117 Index of defined expressions: Part IV
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—
F12assured tenancy | F12section 622 |
cemetery | section 622 |
charity | section 622 |
common parts (in relation to a dwelling-house let under a tenancy) | section 116 |
F13consent (in Schedule 3A) | F13paragraph 2(3) of that Schedule |
co-operative housing association | section 5(2) |
F14the Corporation | F14section 6A |
development corporation | section 4(c) |
dwelling-house | section 112 |
family (member of) | section 113 |
housing association | section 5(1) |
housing authority | section 4(a) |
housing purposes | section 116 |
housing trust | section 6 |
improvement | section 97(2) |
F15introductory tenancy | F15section 115A |
F16landlord (in Part V of Schedule 2) | F16paragraph 5 of that Part |
landlord authority | section 114 |
local authority | section 4(e) |
local housing authority | section 1, 2(2) |
long tenancy | section 115 |
F13management agreement and manager | F13sections 27(2)and 27B(4) |
new town corporation | section 4(b) |
qualified to succeed (on the death of a secure tenant) | section 87 |
F17registered social landlord | F17section 5(4) and (5) |
rental period | section 116 |
secure tenancy | section 79 |
term (in relation to a secure tenancy) | section 116 |
urban development corporation | section 4(d) |
variation (of the terms of a secure tenancy) | section 102(2) |
S. 47, 48, 50, 51, Pt. IV(ss. 79–117) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61