Leasehold Property (Temporary Provisions) Act 1951
| Jurisdiction | UK Non-devolved |
| Citation | 1951 c. 38 |
| Year | 1951 |
Leasehold Property (Temporary Provisions) Act , 1951
(14 & 15 Geo. 6) CHAPTER 38
An Act to make temporary provision for the protection of occupiers of residential property against the coming to an end of long leases, and for the renewal of tenancies of shops; and for purposes connected with the matters aforesaid.
[22nd June 1951]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Dwellings
1 Continuation of expiring long tenancy where tenant in occupation.
1. Where a tenancy was granted for a term of years certain, being a term exceeding twenty-one years and expiring on a date (hereinafter referred to as ‘the date of expiry’) falling within the period of two years beginning with the commencement of this Act, and immediately before the date of expiry the tenant or a member of his family is residing in a dwelling-house comprised in the property in right of the tenancy, then subject to the provisions of this Part of this Act the tenancy shall continue after the date of expiry as if it had been granted for a term expiring at the end of the said period of two years but otherwise (save as hereinafter provided) on the terms and subject to the conditions of the tenancy.
2 Provision where tenant holding over after expiry of long tenancy.
(1) Where a tenancy was granted for a term of years certain, being a term exceeding twenty-one years and expiring on a date (hereinafter referred to as ‘the date of continuation’) before the commencement of this Act, and—
(a ) immediately before the date of continuation the tenant or a member of his family was residing in a dwelling-house comprised in the property in right of the tenancy, and
(b ) at all times during the period beginning with the date of continuation and ending with the commencement of this Act there was residing in the dwelling-house in question some person being either the former tenant or a member of the former tenant's family, and
(c ) at all times during the period mentioned in the last foregoing paragraph at which any such person was residing in the dwelling-house in question he was residing there either not in right of any tenancy or agreement or in right of a tenancy or agreement (whether express or implied) which—
(i) was at a rent, or in consideration of a payment in the nature of rent, of the like amount as the rent payable immediately before the date of continuation,
(ii) was not granted, made or renewed for a consideration which included the payment of a premium or of a sum in the nature of a premium, and
(iii) was such as to expire, or to be capable of being terminated by notice to quit, at a time (whether before or after the commencement of this Act) earlier than the expiration of two years after the commencement of this Act, and
(d ) if immediately before the date of continuation the tenant or a member of his family was in right of the tenancy residing in part only of the property, then at no time during the period mentioned in paragraph (b ) of this subsection was there in possession of some other part of the property any person not being the former tenant or a person claiming under him or a person holding over after the coming to an end of a sub-tenancy created (immediately or derivatively) out of the tenancy,
the next following subsection shall have effect.
(2) The tenancy shall be deemed not to have expired on the date of continuation but to have continued until the commencement of this Act, and subject to the provisions of this Part of this Act shall continue thereafter, as if it had been granted for a term expiring at the end of the period of two years beginning with the commencement of this Act but otherwise (save as hereinafter provided) on the terms and subject to the conditions of the tenancy.
(3) The transitional provisions of the First Schedule to this Act shall have effect for the purposes of this section.
(4) A tenancy continued by this section shall be deemed to be, and as from the date of continuation to have been, an overriding interest specified in subsection (1) of section seventy of the Land Registration Act, 1925 (which specifies interests subject to which a registered title has effect notwithstanding that they do not appear on the register).
(5) In this section the expression ‘the former tenant’ means the person who was the tenant immediately before the date of continuation.
3 Power of landlord to determine continued tenancy in event of assignment or sub-letting.
(1) If at any time after the date of expiry—
(a ) an assignment by the tenant takes effect (whether in law or in equity), being an assignment affecting the whole or any part of the living accommodation comprised in a tenancy continued by section one of this Act, and not being an assignment in pursuance of a requirement imposed by the landlord, or
(b ) every part of such accommodation is either subject to a sub-tenancy created (whether immediately or derivatively and whether before or after the date of expiry) out of the tenancy or occupied by a person holding over after the coming to an end of such a sub-tenancy,
the landlord may by notice given at or after that time determine the tenancy on such date, not being earlier than the expiration of one month from the giving of the notice, as may be specified therein.
(2) The last foregoing subsection shall apply to tenancies continued by section two of this Act, but with the substitution for references to the date of expiry of references to the commencement of this Act.
4 Notice by tenant to stop continuation.
(1) Where the tenant under a tenancy granted for such a term as is mentioned in section one of this Act has given to the landlord, not later than one month before the date of expiry, notice that the tenant does not desire his tenancy to be continued, the said section one shall not have effect in relation to the tenancy.
(2) Where the tenant under such a tenancy as aforesaid has given to the landlord, whether before or after the date of expiry, notice that the tenant desires the tenancy to come to an end on a date specified in the notice, being a date after the date of expiry and not earlier than one month after the giving of the notice, the tenancy shall come to an end on the specified date.
(3) Where in the case of a tenancy continued by section two of this Act the tenant has given to the landlord notice that the tenant desires the tenancy to come to an end on a date specified in the notice, being a date after the commencement of this Act and not earlier than one month after the giving of the notice, the tenancy shall come to an end on the specified date.
(4) A notice shall have effect for the purposes of either of the two last foregoing subsections if given at any time after the twenty-first day of November, nineteen hundred and fifty.
(5) Nothing in subsection (2) or (3) of this section shall be construed as enabling the tenant to prolong a tenancy beyond the expiration of two years after the commencement of this Act.
5 Restrictions on enforcement of covenants.
(1) While a tenancy continues by virtue of section one or section two of this Act, or while before the date of expiry the tenant under a tenancy granted for such a term as is mentioned in the said section one, or a member of the tenant's family, is residing in a dwelling-house comprised in the property in right of the tenancy, then—
(a ) the landlord shall not be entitled, by action or otherwise, to enforce any right of forfeiture or re-entry in respect of any failure to comply with a term or condition of the tenancy, or to bring any action against the tenant for damages in respect of such a failure; and
(b ) the enforcement by a superior landlord, by action or otherwise, of a right of forfeiture or re-entry in respect of a superior term shall not determine the tenancy:
Provided that nothing in paragraph (a ) of this subsection shall affect forfeiture or re-entry for non-payment of rent or rates or for failure to comply with any obligation to insure or keep insured, and that nothing in paragraph (a ) or (b ) of this subsection shall apply to the enforcement of any right or the bringing of any action on the ground of the use of the property or part thereof for illegal or immoral purposes, unless (in the case of a past such use) there has since been a change in the ownership of the tenancy.
(2) Where a tenancy is continued by section two of this Act, and during the period beginning with the date of continuation and ending with the commencement of this Act a superior landlord has (whether by action or otherwise) enforced a right of forfeiture or re-entry in respect of a superior term, the enforcement thereof shall be deemed not to have determined the continued tenancy.
(3) Where the landlord is prevented by paragraph (a ) of subsection (1) of this section from bringing an action for damages in respect of anything done by the tenant in breach of a term or condition of the tenancy, a county court as well as the High Court shall have jurisdiction to grant an injunction to restrain the doing of that thing.
(4) Where any proceedings have been brought after the twenty-first day of November, nineteen hundred and fifty and before the commencement of this Act but have not been finally disposed of before the commencement of this Act, being proceedings which by virtue of subsection (1) of this section could not have been entertained if they had been brought immediately after the commencement of this...
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