Rent Act 1977

JurisdictionUK Non-devolved
Citation1977 c. 42


Rent Act 1977

1977 CHAPTER 42

An Act to consolidate the Rent Act 1968, Parts III, IV and VIII of the Housing Finance Act 1972, the Rent Act 1974, sections 7 to 10 of the Housing Rents and Subsidies Act 1975, and certain related enactments, with amendments to give effect to recommendations of the Law Commission.

[29th July 1977]

Be it enacted by the Queen'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:—

I Preliminary

Part I

Preliminary

Protected and statutory tenancies

Protected and statutory tenancies

S-1 Protected tenants and tenancies.

1 Protected tenants and tenancies.

Subject to this Part of this Act, a tenancy under which a dwelling-house (which may be a house or part of a house) is let as a separate dwelling is a protected tenancy for the purposes of this Act.

Any reference in this Act to a protected tenant shall be construed accordingly.

S-2 Statutory tenants and tenancies.

2 Statutory tenants and tenancies.

(1) Subject to this Part of this Act—

(a ) after the termination of a protected tenancy of a dwelling-house the person who, immediately before that termination, was the protected tenant of the dwelling-house shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it; and

(b ) Part I of Schedule 1 to this Act shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house at any time after the death of a person who, immediately before his death, was either a protected tenant of the dwelling-house or the statutory tenant of it by virtue of paragraph (a ) above.

(2) In this Act a dwelling-house is referred to as subject to a statutory tenancy when there is a statutory tenant of it.

(3) In subsection (1)(a ) above and in Part I of Schedule 1, the phrase ‘if and so long as he occupies the dwelling-house as his residence’ shall be construed as it was immediately before the commencement of this Act (that is to say, in accordance with section 3(2) of the Rent Act 1968 ).

(4) A person who becomes a statutory tenant of a dwelling-house as mentioned in subsection (1)(a ) above is, in this Act, referred to as a statutory tenant by virtue of his previous protected tenancy.

(5) A person who becomes a statutory tenant as mentioned in subsection 1(b ) above is, in this Act, referred to as a statutory tenant by succession.

S-3 Terms and conditions of statutory tenancies.

3 Terms and conditions of statutory tenancies.

(1) So long as he retains possession, a statutory tenant shall observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with the provisions of this Act.

(2) It shall be a condition of a statutory tenancy of a dwelling-house that the statutory tenant shall 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.

(3) Subject to section 5 of the Protection from Eviction Act 1977 (under which at least 4 weeks' notice to quit is required), a statutory tenant of a dwelling-house shall be entitled to give up possession of the dwelling-house if, and only if, he gives such notice as would have been required under the provisions of the original contract of tenancy, or, if no notice would have been so required, on giving not less than 3 months' notice.

(4) Notwithstanding anything in the contract of tenancy, a landlord who obtains an order for possession of a dwelling-house as against a statutory tenant shall not be required to give to the statutory tenant any notice to quit.

(5) Part II of Schedule 1 to this Act shall have effect in relation to the giving up of possession of statutory tenancies and the changing of statutory tenants by agreement.

Exceptions

Exceptions

S-4 Dwelling-houses above certain rateable values.

4 Dwelling-houses above certain rateable values.

(1) A tenancy is not a protected tenancy if the dwelling-house falls within one of the Classes set out in subsection (2) below.

(2) Where alternative rateable values are mentioned in this subsection, the higher applies if the dwelling-house is in Greater London and the lower applies if it is elsewhere.

Class A

Class A

The appropriate day in relation to the dwelling-house falls or fell on or after 1st April 1973 and the dwelling-house on the appropriate day has or had a rateable value exceeding 1,500 or 750.

Class B

The appropriate day in relation to the dwelling-house fell on or after 22nd March 1973, but before 1st April 1973, and the dwelling-house—

a ) on the appropriate day had a rateable value exceeding 600 or 300, and
b ) on 1st April 1973 had a rateable value exceeding 1,500 or 750

Class C

The appropriate day in relation to the dwelling-house fell before 22nd March 1973 and the dwelling-house—

a ) on the appropriate day had a rateable value exceeding 400 or 200, and
b ) on 22nd March 1973 had a rateable value exceeding 600 or 300, and
c ) on 1st April 1973 had a rateable value exceeding 1,500 or 750

(3) If any question arises in any proceedings whether a dwelling-house falls within a Class in subsection (2) above, by virtue of its rateable value at any time, it shall be deemed not to fall within that Class unless the contrary is shown.

S-5 Tenancies at low rents.

5 Tenancies at low rents.

(1) A tenancy is not a protected tenancy if under the tenancy either no rent is payable or, subject to section 17(2) of this Act, the rent payable is less than two-thirds of the rateable value which is or was the rateable value of the dwelling-house on the appropriate day.

(2) Where—

(a ) the appropriate day in relation to a dwelling-house fell before 22nd March 1973, and

(b ) the dwelling-house had on the appropriate day a rateable value exceeding, if it is in Greater London, 400 or, if it is elsewhere, 200,

subsection (1) above shall apply in relation to the dwelling-house as if the reference to the appropriate day were a reference to 22nd March 1973.

(3) In this Act a tenancy falling within subsection (1) above is referred to as a ‘tenancy at low rent’.

(4) In determining whether a long tenancy is 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.

(5) In subsection (4) above ‘long tenancy’ means a tenancy granted for a term certain exceeding 21 years, other than a tenancy which is, or may become, terminable before the end of that term by notice given to the tenant.

S-6 Dwelling-houses let with other land.

6 Dwelling-houses let with other land.

Subject to section 26 of this Act, a tenancy is not a protected tenancy if the dwelling-house which is subject to the tenancy is let together with land other than the site of the dwelling-house.

S-7 Payments for board or attendance.

7 Payments for board or attendance.

(1) A tenancy is not a protected tenancy if under the tenancy the dwelling-house is bona fide let at a rent which includes payments in respect of board or attendance.

(2) For the purposes of subsection (1) above, a dwelling-house shall not be taken to be bona fide let at a rent which includes payments in respect of attendance unless the amount of rent which is fairly attributable to attendance, having regard to the value of the attendance to the tenant, forms a substantial part of the whole rent.

S-8 Lettings to students.

8 Lettings to students.

(1) A tenancy is not a protected tenancy if it 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.

(2) In subsection (1) above ‘specified’ means specified, or of a class specified, for the purposes of this section by regulations made by the Secretary of State by statutory instrument.

(3) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

S-9 Holiday lettings.

9 Holiday lettings.

A tenancy is not a protected tenancy if the purpose of the tenancy is to confer on the tenant the right to occupy the dwelling-house for a holiday.

S-10 Agricultural holdings.

10 Agricultural holdings.

A tenancy is not a protected tenancy if the dwelling-house is...

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