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Rent Act 1974

Consolidated Text As Enacted Cited authorities 73 Cited in Amendments 44 Related
Vincent
JurisdictionUK Non-devolved
Citation1974 c. 51
Year1974
a tenancy of a dwelling-house shall no longer be prevented from being a protected tenancy for the purposes of the Rent Act by reason only that, under the tenancy, the dwelling-house is bona fide let at a rent which includes payments in respect of the use of furniture; andsubject to the following provisions of this Act, references in the Rent Act (and in any other enactment or instrument in which those expressions have the same meaning as in that Act) to a protected tenancy, a statutory tenancy or a regulated tenancy shall be construed accordingly.(2) Any reference in this Act or the Rent Act to a protected furnished tenancy, a statutory furnished tenancy or a regulated furnished tenancy is a reference to a protected tenancy, a statutory tenancy or a regulated tenancy, as the case may be, under which the rent for the dwelling-house concerned includes such payments in respect of the use of furniture as, apart from subsection (1) above, subsection (4) (a) below and the repeals effected by this Act, would prevent a tenancy of the dwelling-house at that rent from being a protected tenancy.(3) Notwithstanding anything in section 7(1) of or Schedule 2 to the Rent Act (controlled and regulated tenancies) no protected furnished tenancy or statutory furnished tenancy shall be a controlled tenancy.in section 2(1) (b) of the Rent Act (exclusion from protection of tenancies where the rent includes payments in respect of board, attendance or use of furniture) for the words “attendance or use of furniture” there shall be sbstituted the words “ or attendance ”;Schedule 3 to the Rent Act (grounds for possession) shall have effect subject to the modifications in Part I of Schedule 1 to this Act;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parts IV, IX and X of the Rent (Scotland) Act 1971 shall have effect subject to the amendments in Part III of that Schedule.(1) In subsection (1) of section 2 of the Rent Act (tenancies excepted from definition of “protected tenancy” after paragraph (b) there shall be inserted the following paragraphs:—
  • (bb) the tenancy is granted to a person who is pursuing or intends to pursue a course of study provided by a specified educational institution and is so granted either by that institution or by another specified institution or body of persons ; or
  • (bbb) the purpose of the tenancy is to confer on the tenant the right to occupy the dwelling-house for a holiday ; or.
the tenancy is granted to a person who is pursuing or intends to pursue a course of study provided by a specified educational institution and is so granted either by that institution or by another specified institution or body of persons ; orthe purpose of the tenancy is to confer on the tenant the right to occupy the dwelling-house for a holiday ; or.(2) After subsection (3) of section 2 of the Rent Act there shall be added the following subsection:—
  • “(4) In paragraph (bb) of subsection (1) above “specified” means specified, or of a class specified, for the purposes of that paragraph by regulations made by the Secretary of State by statutory instrument ; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In paragraph (bb) of subsection (1) above “specified” means specified, or of a class specified, for the purposes of that paragraph by regulations made by the Secretary of State by statutory instrument ; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.(3) After section 5 of the Rent Act there shall be inserted the section 5A set out in . . . by virtue of section 5A below, the tenancy has at all times since it was granted been precluded from being a protected tenancy(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In Part II of Schedule 3 to the Rent (Scotland) Act 1971 not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case ; andthe dwelling-house has not, since the commencement date, within the meaning of the Rent Act 1974, been let by the owner on a protected tenancy with respect to which the condition mentioned in paragraph (a) above was not satisfied ; andthe court is satisfied either that the owner has retired from regular employment and requires the dwelling-house as a residence or 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 :Provided that if the court is of the opinion that, notwithstanding that the condition in paragraph (a) or paragraph (b) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the

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