Rent (Agriculture) Act 1976
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Change 1
SCHEDULE 2 Meaning of “Relevant Licence” and “Relevant Tenancy”
Section 1. Relevant licence 1 In this Act “relevant licence” means any licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which— (a) if it were a tenancy, and (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, would be a protected tenancy for the purposes of that Act. Relevant tenancy 2 In this Act “relevant tenancy” means any tenancy under which a dwelling-house is let as a separate dwelling and which— (a) is not a protected tenancy for the purposes of the Rent Act 1977, but (b) would be such a tenancy if the provisions of that Act mentioned in paragraph 1(b) above were modified as mentioned in paragraph 3 below, other than a tenancy to which Part I or Part II of the Landlord and Tenant Act 1954 applies a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies, a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy in relation to which that Act applies, and a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.. Supplemental 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.). (2A) In section 5A (exclusion of certain shared ownership leases), in subsection (2)(g) (condition that lease states landlord’s opinion that 1977 Act does not apply) for the reference to the 1977 Act substitute a reference to this Act. (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. 4 The other provisions of the Rent Act 1977 which are relevant for the purposes of the above definitions, and which are therefore also applied by this Schedule, include— section 1 (definition of “protected tenancy”); section 13 (no protected or statutory tenancy where landlord’s interest belongs to Crown); sections 14 to 16 (no protected or statutory tenancy where landlord’s interest belongs to local authority, etc.); section 12 (no protected tenancy in certain cases where landlord’s interest belongs to resident landlord); section 25 (rateable value and appropriate day).
SCHEDULE 2 Meaning of “Relevant Licence” and “Relevant Tenancy”
Section 1. Relevant licence 1 In this Act “relevant licence” means any licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which— (a) if it were a tenancy, and (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, would be a protected tenancy for the purposes of that Act. Relevant tenancy 2 In this Act “relevant tenancy” means any tenancy under which a dwelling-house is let as a separate dwelling and which— (a) is not a protected tenancy for the purposes of the Rent Act 1977, but (b) would be such a tenancy if the provisions of that Act mentioned in paragraph 1(b) above were modified as mentioned in paragraph 3 below, other than a tenancy to which Part I or Part II of the Landlord and Tenant Act 1954 applies a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies, a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy in relation to which that Act applies, and a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.. Supplemental 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.). (2A) In section 5A (exclusion of certain shared ownership leases), in subsection (2)(g) (condition that lease states landlord’s opinion that 1977 Act does not apply) for the reference to the 1977 Act substitute a reference to this Act. (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. 4 The other provisions of the Rent Act 1977 which are relevant for the purposes of the above definitions, and which are therefore also applied by this Schedule, include— section 1 (definition of “protected tenancy”); section 13 (no protected or statutory tenancy where landlord’s interest belongs to Crown); sections 14 to 16 (no protected or statutory tenancy where landlord’s interest belongs to local authority, etc.); section 12 (no protected tenancy in certain cases where landlord’s interest belongs to resident landlord); section 25 (rateable value and appropriate day).
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