Rent Act 1977

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131 Regulated mortgages.

(1) Subject to subsection (2) below, a mortgage which falls within section 129(1)(a) of this Act . . . is a regulated mortgage if— (a) it is a legal mortgage of land consisting of or including a dwelling-house which is let on or subject to a regulated tenancy, and (b) the regulated tenancy is binding on the mortgagee. (2) Notwithstanding that a mortgage falls within subsection (1) above, it is not a regulated mortgage if— (a) the rateable value on the appropriate day of the dwelling-house which falls within subsection (1)(a) above or, if there is more than one such dwelling-house comprised in the mortgage, the aggregate of the rateable values of those dwelling-houses on the appropriate day is less than one-tenth of the rateable value on the appropriate day of the whole of the land comprised in the mortgage, or (b) the mortgagor is in breach of covenant, but for this purpose a breach of the covenant for the repayment of the principal money otherwise than by instalments shall be disregarded. (3) Subsection (2)(a) above shall have effect, in the case of land consisting of or including a dwelling-house which on 22nd March 1973 was subject to a tenancy which became a regulated tenancy by virtue of section 14 of the Counter-Inflation Act 1973, as if for the reference to the appropriate day there were substituted a reference to 7th March 1973. (4) In this section “legal mortgage” includes a charge by way of legal mortgage. (5) Any reference in this Part of this Act to a regulated mortgage shall be construed in accordance with this section.

132 Powers of court to mitigate hardship to mortgagors under regulated mortgages.

(1) The powers of the court under this section become exercisable, in relation to a regulated mortgage, only on an application made by the mortgagor within 21 days, or such longer time as the courts may allow, after the occurrence of one of the following events:— (a) the rate of interest payable in respect of the mortgage is increased; or (b) a rent for a dwelling-house comprised in the mortgage is registered under Part IV of this Act and the rent so registered is lower than the rent which was payable immediately before the registration; or (c) the mortgagee, not being a mortgagee who was in possession on the relevant date, demands payment of the principal money secured by the mortgage or takes any steps for exercising any right of foreclosure or sale or for otherwise enforcing his security. Paragraph (b) above shall not apply to a case falling within section 129(2)(b) of this Act. (2) If the court is satisfied on any such application that, by reason of the event in question and of the operation of this Act, the mortgagor would suffer severe financial hardship unless relief were given under this section, the court may by order make such provision— (a) limiting the rate of interest, (b) extending the time for the repayment of the principal money, or (c) otherwise varying the terms of the mortgage or imposing any limitation or condition on the exercise of any right or remedy in respect thereof, as it thinks appropriate. (3) Where the court makes an order under subsection (2) above in relation to a mortgage which comprises other land as well as a dwelling-house or dwelling-houses subject to a regulated tenancy the order may, if the mortgagee so requests, make provision for apportioning the money secured by the mortgage between that other land and the dwelling-house or dwelling-houses. (4) Where such an apportionment is made, the other provisions of the order made by the court shall not apply in relation to the other land referred to in that subsection and the money secured by the other land, and the mortgage shall have effect for all purposes as two separate mortgages of the apportioned parts. (5) Where the court has made an order under this section it may vary or revoke it by a subsequent order. (6) The court for the purposes of this section is the county court , except that where an application under subsection (1) above is made in pursuance of any step taken by the mortgagee in the High Court it is the High Court.

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136 Interpretation of Part X.

In this Part of this Act, except where the context otherwise requires— (a) “mortgagee” and “mortgagor” include any person from time to time deriving title under the original mortgagee or mortgagor; and (b) “legal mortgage” in relation to regulated mortgages, includes any registered charge (within the meaning of the Land Registration Act 2002).

137 Effect on sub-tenancy of determination of superior tenancy.

(1) If a court makes an order for possession of a dwelling-house from— (a) a protected or statutory tenant, or (b) a protected occupier or statutory tenant as defined in the Rent (Agriculture) Act 1976. and the order is made by virtue of section 98(1) or 99(2) of this Act or, as the case may be, under Part I of Schedule 4 to that Act, nothing in the order shall affect the right of any sub-tenant to whom the dwelling-house or any part of it has been lawfully sublet before the commencement of the proceedings to retain possession by virtue of . . . this Act, nor shall the order operate to give a right to possession against any such sub-tenant. (2) Where a statutorily protected tenancy of a dwelling-house is determined, either as a result of an order for possession or for any other reason, any sub-tenant to whom the dwelling-house or any part of it has been lawfully sublet shall, subject to this Act, be deemed to become the tenant of the landlord on the same terms as if the tenant’s statutorily protected tenancy had continued. (3) Where a dwelling-house— (a) forms part of premises which have been let as a whole on a superior tenancy but do not constitute a dwelling-house let on a statutorily protected tenancy; and (b) is itself subject to a protected or statutory tenancy, then, from the coming to an end of the superior tenancy, this Act shall apply in relation to the dwelling-house as if, in lieu of the superior tenancy, there had been separate tenancies of the dwelling-house and of the remainder of the premises, for the like purposes as under the superior tenancy, and at rents equal to the just proportion of the rent under the superior tenancy. In this subsection “premises” includes, if the sub-tenancy in question is a protected or statutory tenancy to which section 99 of this Act applies, an agricultural holding within the meaning of the Agricultural Holdings Act 1986held under a tenancy to which that Act applied and land comprised in a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995. (4) In subsections (2) and (3) above “statutorily protected tenancy” means— (a) a protected or statutory tenancy; (b) a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976; or (c) if the sub-tenancy in question is a protected or statutory tenancy to which section 99 of this Act applies— (i) 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, or (ii) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995. (5) Subject to subsection (6) below, a long tenancy of a dwelling-house which is also a tenancy at a low rent but which, had it not been a tenancy at a low rent, would have been a protected tenancy or an assured tenancy, within the meaning of Part I of the Housing Act 1988, shall be treated for the purposes of subsection (2) above as a statutorily protected tenancy. (6) Notwithstanding anything in subsection (5) above, subsection (2) above shall not have effect where the sub-tenancy in question was created (whether immediately or derivatively) out of a long tenancy falling within subsection (5) above and, at the time of the creation of the sub-tenancy— (a) a notice to terminate the long tenancy had been given under section 4(1) of the Landlord and Tenant Act 1954 or, as the case may be, served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989; or (b) the long tenancy was being continued by section 3(1) of the said Act of 1954 or, as the case may be, paragraph 3 of the said Schedule 10; unless the sub-tenancy was created with the consent in writing of the person who at the time when it was created was the landlord, within the meaning of Part I of the said Act of 1954 or, as the case may be, the said Schedule 10. (7) This section shall apply equally where a protected occupier of a dwelling-house, or part of a dwelling-house, has a relevant licence as defined in the Rent (Agriculture) Act 1976, and in this section “tenancy” and all cognate expressions shall be construed accordingly.

138 Effect on furnished sub-tenancy of determination of superior unfurnished tenancy.

(1) If, in a case where section 137(2) of this Act applies, the conditions mentioned in subsection (2) below are fulfilled, the terms on which the sub-tenant is, by virtue of section 137(2), deemed to become the tenant of the landlord shall not include any terms as to the provision by the landlord of furniture or services. (2) The conditions are:— (a) that the statutorily protected tenancy which is determined as mentioned in section 137(2) was neither a protected furnished tenancy nor a statutory furnished tenancy; and (b) that, immediately before the determination of that statutorily protected tenancy, the sub-tenant referred to in section 137(2) was the tenant under a protected furnished tenancy or a statutory furnished tenancy; and (c) that the landlord, within the period of 6 weeks beginning with the day on which the statutorily protected tenancy referred to in section 137(2) is determined, serves notice on the sub-tenant that this section is to apply to his tenancy or statutory tenancy. (3) In this section “statutorily protected tenancy” has the same meaning as it has for the purposes of section 137(2) of this Act.

139 Obligation to notify sublettings of dwelling-houses let on or subject to protected or statutory tenancies.

(1) If the tenant of a dwelling-house let on or subject to a protected or statutory tenancy sublets any part of the dwelling-house on a protected tenancy, then, subject to subsection (2) below, he shall, within 14 days after the subletting, supply the landlord with a statement in writing of the subletting giving particulars of occupancy, including the rent charged. (2) Subsection (1) above shall not require the supply of a statement in relation to a subletting of any part of a dwelling-house if the particulars which would be required to be included in the statement as to the rent and other conditions of the sub-tenancy would be the same as in the last statement supplied in accordance with that subsection with respect to a previous subletting ofthat part. (3) A tenant who is required to supply a statement in accordance with subsection (1) above and who, without reasonable excuse— (a) fails to supply a statement, or (b) supplies a statement which is false in any material particular, shall be liable to a fine not exceeding level 1 on the standard scale. (4) In this section— (a) “protected tenancy” includes a protected occupancy under the Rent (Agriculture) Act 1976; (b) “statutory tenancy” includes a statutory tenancy under that Act.

140 Modification of Act in relation to fire precautions.

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141 County court jurisdiction.

(1) The county court shall have jurisdiction, either in the course of any proceedings relating to a dwelling or on an application made for the purpose by the landlord or the tenant, to determine any question— (a) as to whether a tenancy is a protected tenancy or whether any person is a statutory tenant of a dwelling-house, . . . or (b) as to the rent limit; or (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) as to the application of Part V and sections 103 to 106 of this Act to a contract; or (e) as to whether a protected, statutory or regulated tenancy is a protected, statutory or regulated furnished tenancy; or as to any matter which is or may become material for determining any such question. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The county court shall have jurisdiction to deal with any claim or other proceedings arising out of any of the provisions of this Act specified in subsection (5) below, notwithstanding that by reason of the amount of the claim or otherwise the case would not, apart from this subsection, be within the jurisdiction of the county court . (4) If, under any of the provisions of this Act specified in subsection (5) below, a person takes proceedings in the High Court which he could have taken in the county court, he shall not be entitled to recover any costs. (5) The provisions referred to in subsections (3) and (4) above are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in Part III, section 57; (c) Part VII, except sections 98(2) and 101; (d) in Part IX, sections 125 and 126; (e) in Part X, sections 133(1), 134 and 135; and (f) in this Part of this Act, section 145.

142 Rules as to procedure.

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143 Release from rent regulation.

(1) Where the Secretary of State is satisfied with respect to every part of any area that the number of persons seeking to become tenants there— (a) of dwelling-houses exceeding a specified rateable value, or (b) of any class or description of dwelling-house or of dwelling-house exceeding a specified rateable value, is not substantially greater than the number of such dwelling-houses in that part, he may by order provide that no such dwelling-house in the area shall be the subject of a regulated tenancy or the subject of a protected occupancy or statutory tenancy under the Rent (Agriculture) Act 1976. (2) An order under this section may contain such transitional provisions, including provisions to avoid or mitigate hardship, as appear to the Secretary of State to be desirable. (3) The power to make an order under this section shall be exercisable by statutory instrument and no such order shall have effect unless it is approved by a resolution of each House of Parliament.

144 Release from restricted contract provisions.

(1) The Secretary of State may by order provide that, as from such date as may be specified in the order, section 19 of this Act shall not apply to a dwelling the rateable value of which on such day as may be specified in the order exceeds such amount as may be so specified. (2) An order under this section— (a) may be made so as to relate to the whole of England and Wales or to such area in England and Wales as may be specified in the order, and so as to apply generally or only to, or except to, such classes or descriptions of dwellings as may be specified in the order; and (b) may contain such transitional provisions as appear to the Secretary of State to be desirable. (3) The power to make an order under this section shall be exercisable by statutory instrument and no such order shall have effect unless it is approved by a resolution of each House of Parliament.

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146 Long tenancies at a low rent.

(1) In determining whether a long tenancy was, at any time,— (a) a tenancy at a low rent within the meaning of the Rent Act 1968; or (b) a tenancy to which, by virtue of section 12(7) of the Act of 1920, the Rent Acts did not apply; 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, council tax,services, repairs, maintenance, or insurance, unless it could not have been regarded by the parties as a part so payable. (2) In subsection (1) 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; “the Act of 1920” means the Increase of Rent and Mortgage Interest (Restrictions) Act 1920; and “the Rent Acts” means the Rent and Mortgage Interest Restrictions Acts 1920 to 1939.

147 Restriction on levy of distress for rent.

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148 Implied term in all protected tenancies.

It shall be a condition of a protected tenancy of a dwelling-house that the 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.

149 Powers of local authorities for the purposes of giving information.

(1) Any local authority to which this section applies shall have power— (a) to publish information, for the assistance of landlords and tenants and others, as to their rights and duties under— (i) sections 4 to 7 (provision of rent books) and sections 18 to 30 (service charges) of the Landlord and Tenant Act 1985, (ii) the Protection from Eviction Act 1977, (iii) Part II . . . , of the Housing Act 1980; (iv) this Act, (v) Chapters I to III of Part I of the Housing Act 1988 and as to the procedure for enforcing those rights or securing the performance of those duties, and (b) to publish information, for the assistance of owners and occupiers of dwelling-houses and others, as to their rights and duties under the Rent (Agriculture) Act 1976 and as to the procedure for enforcing those rights or securing the performance of those duties, and (c) to make any such information as is mentioned in paragraph (a) or (b) above available in any other way, and (d) to furnish particulars as to the availability, extent and character of alternative accommodation. (2) This section applies to the following local authorities:— (a) councils of districts , councils of counties in England in which there are no districts having district councils and councils of London boroughs; (aa) councils of Welsh counties and county boroughs; (b) the Common Council of the City of London; and (c) the Council of the Isles of Scilly.

150 Prosecution of offences.

(1) Offences under this Act are punishable summarily. (2) Proceedings for an offence under this Act . . . may be instituted by any local authority to which section 149 of this Act applies.

151 Service of notices on landlord’s agents.

(1) Any document required or authorised by this Act to be served by the tenant of a dwelling-house on the landlord thereof shall be deemed to be duly served on him if it is served— (a) on any agent of the landlord named as such in the rent book or other similar document; or (b) on the person who receives the rent of the dwelling-house. (2) Where a dwelling-house is subject to a regulated tenancy, subsection (1) above shall apply also in relation to any document required or authorised by this Act to be served on the landlord by a person other than the tenant. (3) If for the purpose of any proceedings (whether civil or criminal) brought or intended to be brought under this Act, any person serves upon any such agent or other person as is referred to in paragraph (a) or paragraph (b) of subsection (1) above a notice in writing requiring the agent or other person to disclose to him the full name and place of abode or place of business of the landlord, that agent or other person shall forthwith comply with the notice. (4) If any such agent or other person as is referred to in subsection (3) above fails or refuses forthwith to comply with a notice served on him under that subsection, he shall be liable to a fine not exceeding level 4 on the standard scale, unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, such of the facts required by the notice to be disclosed as were not disclosed by him. (5) So far as this section relates to Part V or IX or sections 103 to 107, of this Act, references to a landlord and to a tenant shall respectively include references to a lessor and to a lessee as defined by section 85 of this Act.

152 Interpretation.

(1) In this Act, except where the context otherwise requires,— “the appropriate day” has the meaning assigned to it by section 25(3) of this Act; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to any dwelling-house, any person other than the tenant who is, or but for Part VII of this Act would be, entitled to possession of the dwelling-house; “let” includes “sublet”; “long tenancy” means a tenancy granted for a term of years certain exceeding 21 years, whether or not subsequently extended by act of the parties or by any enactment; “protected furnished tenancy”, “regulated furnished tenancy” and “statutory furnished tenancy” mean a protected or, as the case may be, regulated or statutory tenancy— (a) under which the dwelling-house concerned is bona fide let at a rent which includes payments in respect of furniture, and (b) in respect of which the amount of rent which is fairly attributable to the use of furniture, having regard to the value of that use to the tenant, forms a substantial part of the whole rent; “protected tenant” and “protected tenancy” shall be construed in accordance with section 1 of this Act; “rates” includes water rates and charges but does not include an owner’s drainage rate as defined in section 63(2)(a) of the Land Drainage Act 1976; “rateable value” shall be construed in accordance with section 25 of this Act; “regulated tenancy” shall be construed in accordance with section 18 of this Act; “rent tribunal” has the meaning given by section 76(1) of this Act; “rental period” means a period in respect of which a payment of rent falls to be made; “restricted contract” shall be construed in accordance with section 19 of this Act; “secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act); “statutory tenant” and “statutory tenancy” shall be construed in accordance with section 2 of this Act; “tenant” includes statutory tenant and also includes a sub-tenant and any person deriving title under the original tenant or sub-tenant; “tenancy” includes “sub-tenancy”; “tenancy at a low rent” has the meaning assigned to it by section 5 of this Act. (2) Except in so far as the context otherwise requires, any reference in this Act to any other enactment shall be taken as referring to that enactment as amended by or under any other enactment, including this Act. (3) Section 239 of the Renting Homes (Wales) Act 2016 (anaw 1) abolishes, in relation to Wales, restricted contracts and protected shorthold tenancies and provides for the cessation of certain protected and statutory tenancies.

153 Application to Isles of Scilly.

(1) With the exception of Part V, and sections 102A to 106A, of this Act (which do not apply to the Isles of Scilly) this Act applies to the Isles subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct. (2) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) An order under this section may be varied or revoked by a subsequent order.

154 Application to Crown property.

(1) Subject to sections 13 and 19(5)(b) of this Act this Act shall apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as it applies in relation to premises in which no such interest subsists or ever subsisted. (2) In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.

155 Modifications, amendments, transitional provisions, repeals etc.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Subject to subsection (3) below, the enactments specified in Schedule 23 to this Act shall have effect subject to the amendments specified in that Schedule. (3) The savings and transitional provisions in Schedule 24 to this Act shall have effect. (4) The inclusion in this Act of any express saving, transitional provision or amendment shall not be taken as prejudicing the operation of sections 16(1) and 17(2) of the Interpretation Act 1978 (which relates to the effect of repeals). (5) Subject to subsection (3) above, the enactments specified in Schedule 25 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

156 Short title, commencement and extent.

(1) This Act may be cited as the Rent Act 1977. (2) This Act shall come into force on the expiry of the period of one month beginning with the date on which it is passed. (3) This Act does not extend to Scotland or Northern Ireland.

SCHEDULE 1 Statutory Tenancies

Sections 2 and 3. Part I Statutory Tenants by Succession 1 Paragraph 2 . . . below shall have effect, subject to section 2(3) of this Act, for the purpose of determining who is the statutory tenant of a dwelling-house by succession after the death of the person (in this Part of this Schedule referred to as “the original tenant”) who, immediately before his death, was a protected tenant of the dwelling-house or the statutory tenant of it by virtue of his previous protected tenancy. 2 The surviving spouse, or surviving civil partner, (if any) of the original tenant, if residing in the dwelling-house immediately before the death of the original tenant, shall after the death be the statutory tenant if and so long as he or she occupies the dwelling-house as his or her residence. (2) For the purposes of this paragraph, a person who was living with the original tenant as if they were a married couple or civil partners is to be treated as the spouse or civil partner of the original tenant. (3) If, immediately after the death of the original tenant, there is, by virtue of sub-paragraph (2) above, more than one person who fulfils the conditions in sub-paragraph (1) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall for the purposes of this paragraph be treated as the tenant’s spouse or civil partner. 3 (1) Where paragraph 2 above does not apply, but a person who was a member of the original tenant’s family was residing with him in the dwelling-house at the time of and for the period of 2 years immediately before his death then, after his death, that person or if there is more than one such person such one of them as may be decided by agreement, or in default of agreement by the county court, shall — (a) in the case of a dwelling-house in England, be entitled to an assured tenancy of the dwelling-house by succession, or (b) in the case of a dwelling-house in Wales, be entitled to a secure contract of the dwelling-house by succession. (2) If the original tenant died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the original tenant at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original tenant for the period of 2 years immediately before his death. 4 A person who becomes the statutory tenant of a dwelling-house by virtue of paragraph 2 . . . above is in this Part of this Schedule referred to as “the first successor”. 5 If, immediately before his death, the first successor was still a statutory tenant, paragraph 6 below shall have effect, for the purpose of determining who is entitled— (a) in the case of a dwelling-house in England, to an assured tenancy of the dwelling-house by succession, or (b) in the case of a dwelling-house in Wales, to a secure contract of the dwelling-house by succession after the death of the first successor. 6 (1) Where a person who— (a) was a member of the original tenant’s family immediately before that tenant’s death, and (b) was a member of the first successor’s family immediately before the first successor’s death, was residing in the dwelling-house with the first successor at the time of, and for the period of 2 years immediately before, the first successor’s death, that person or, if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be entitled— (i) in the case of a dwelling-house in England, to an assured tenancy of the dwelling-house by succession , or (ii) in the case of a dwelling-house in Wales, to a secure contract of the dwelling-house by succession. (2) If the first successor died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the first successor at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the first successor for the period of 2 years immediately before his death. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Paragraphs 5 to 8 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 4 of the Requisitioned Houses and Housing (Amendment) Act 1955 or section 20 of the Rent Act 1965. 10 (1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Part of this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly— (a) if the successor was the first successor, and, immediately before his death he was still the tenant (whether protected or statutory), paragraph 6 above shall apply on his death, (b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Part of this Schedule. (2) Sub-paragraph (1) above applies— (a) even if a successor enters into more than one other tenancy of the dwelling-house, and (b) even if both the first successor and the successor on his death enter into other tenancies of the dwelling-house. (3) In this paragraph “succession” means the occasion on which a person becomes the statutory tenant of a dwelling-house by virtue of this Part of this Schedule and “successor” shall be construed accordingly. (4) This paragraph shall apply as respects a succession which took place before 27th August 1972 if, and only if, the tenancy granted after the succession, or the first of those tenancies, was granted on or after that date, and where it does not apply as respects a succession, no account should be taken of that succession in applying this paragraph as respects any later succession. 11 (1) Paragraphs 5 to 8 above do not apply where— (a) the tenancy of the original tenant was granted on or after the operative date within the meaning of the Rent (Agriculture) Act 1976, and (b) both that tenancy and the statutory tenancy of the first successor were tenancies to which section 99 of this Act applies. (2) If the tenants under both of the tenancies falling within sub-paragraph (1)(b) above were persons to whom paragraph 7 of Schedule 9 to the Rent (Agriculture) Act 1976 applies, the reference in sub-paragraph (1)(a) above to the operative date shall be taken as a reference to the date of operation for forestry workers within the meaning of that Act. 11A In this Part of this Schedule “the operative date” means the date on which Part I of the Housing Act 1988 came into force. Part II Relinquishing Tenancies and Changing Tenants Payments demanded by statutory tenants as a condition of giving up possession 12 (1) A statutory tenant of a dwelling-house who, as a condition of giving up possession of the dwelling-house, asks for or receives the payment of any sum, or the giving of any other consideration, by any person other than the landlord, shall be guilty of an offence. (2) Where a statutory tenant of a dwelling-house requires that furniture or other articles shall be purchased as a condition of his giving up possession of the dwelling-house, the price demanded shall, at the request of the person on whom the demand is made, be stated in writing, and if the price exceeds the reasonable price of the articles the excess shall be treated, for the purposes of sub-paragraph (1) above, as a sum asked to be paid as a condition of giving up possession. (3) A person guilty of an offence under this paragraph shall be liable to a fine not exceeding level 3 on the standard scale. (4) The court by which a person is convicted of an offence under this paragraph may order the payment— (a) to the person who made any such payment, or gave any such consideration, as is referred to in sub-paragraph (1) above, of the amount of that payment or the value of that consideration, or (b) to the person who paid any such price as is referred to in sub-paragraph (2) above, of the amount by which the price paid exceeds the reasonable price. Change of statutory tenant by agreement 13 (1) Where it is so agreed in writing between a statutory tenant (“the outgoing tenant”) and a person proposing to occupy the dwelling (“the incoming tenant”), the incoming tenant shall be deemed to be the statutory tenant of the dwelling as from such date as may be specified in the agreement (“the transfer date”). (2) Such an agreement shall not have effect unless the landlord is a party thereto, and, if the consent of any superior landlord would have been required to an assignment of the previous contractual tenancy, the agreement shall not have effect unless the superior landlord is a party thereto. (3) If the outgoing tenant is the statutory tenant by virtue of his previous protected tenancy, then, subject to sub-paragraph (6) below, this Act shall have effect, on and after the transfer date, as if the incoming tenant had been a protected tenant and had become the statutory tenant by virtue of his previous protected tenancy. (4) Subject to sub-paragraphs (5) and (6) below, if the outgoing tenant is a statutory tenant by succession, then, on and after the transfer date— (a) this Act shall have effect as if the incoming tenant were a statutory tenant by succession, and (b) the incoming tenant shall be deemed to have become a statutory tenant by virtue of that paragraph of Part I of this Schedule by virtue of which the outgoing tenant became (or is deemed to have become) a statutory tenant. (5) If the outgoing tenant is a statutory tenant by succession, the agreement may provide that, notwithstanding anything in sub-paragraph (4) above, on and after the transfer date, this Act shall have effect, subject to sub-paragraph (6) below, as if the incoming tenant had been a protected tenant and had become the statutory tenant by virtue of his previous protected tenancy. (6) Unless the incoming tenant is deemed, by virtue of sub-paragraph (4)(b) above, to have become a statutory tenant by virtue of paragraph 6 or 7 of Part I of this Schedule, paragraphs 5 to 7 of that Part shall not apply where a person has become a statutory tenant by virtue of this paragraph. (7) In this paragraph “the dwelling” means the aggregate of the premises comprised in the statutory tenancy of the outgoing tenant. No pecuniary consideration to be required on change of tenant under paragraph 13 14 (1) Any person who requires the payment of any pecuniary consideration for entering into such an agreement as is referred to in paragraph 13(1) above shall be liable to a fine not exceeding level 3 on the standard scale. (2) The court by which a person is convicted of an offence under sub-paragraph (1) above may order the amount of the payment to be repaid by the person to whom it was paid. (3) Without prejudice to sub-paragraph (2) above, the amount of any such payment as is referred to in sub-paragraph (1) above shall be recoverable by the person by whom it was made either by proceedings for its recovery or, if it was made to the landlord by a person liable to pay rent to the landlord, by deduction from any rent so payable. (4) Notwithstanding anything in sub-paragraph (1) above, if apart from this paragraph he would be entitled to do so, the outgoing tenant may require the payment by the incoming tenant— (a) of so much of any outgoings discharged by the outgoing tenant as is referable to any period after the transfer date; (b) of a sum not exceeding the amount of any expenditure reasonably incurred by the outgoing tenant in carrying out any structural alteration of the dwelling or in providing or improving fixtures therein, being fixtures which, as against the landlord, the outgoing tenant is not entitled to remove; (c) where the outgoing tenant became a tenant of the dwelling by virtue of an assignment of the previous protected tenancy, of a sum not exceeding any reasonable amount paid by him to his assignor in respect of expenditure incurred by the assignor, or by any previous assignor of the tenancy, in carrying out any such alteration or in providing or improving any such fixtures as are mentioned in paragraph (b) above; or (d) where part of the dwelling is used as a shop or office, or for business, trade or professional purposes, of a reasonable amount in respect of any goodwill of the business, trade or profession, being goodwill transferred to the incoming tenant in connection with his becoming a statutory tenant of the dwelling or accruing to him in consequence thereof. (5) In this paragraph “outgoing tenant”, “incoming tenant”, “the transfer date” and “the dwelling” have the same meanings as in paragraph 13 above.

SCHEDULE 2 Resident Landlords

Section 12(4). Part I Provisions for Determining Application of Section 12 1 In determining whether the condition in section 12(1)(c) of this Act is at any time fulfilled with respect to a tenancy, there shall be disregarded— (a) any period of not more than 28 days beginning with the date on which the interest of the landlord under the tenancy becomes vested at law and in equity in an individual who, during that period, does not occupy as his residence another dwelling-house which forms part of the building or, as the case may be, flat concerned; (b) if, within a period falling within paragraph (a) above, the individual concerned notifies the tenant in writing of his intention to occupy as his residence another dwelling house in the building or, as the case may be, flat concerned, the period beginning with the date on which the interest of the landlord under the tenancy becomes vested in that individual as mentioned in that paragraph and ending— (i) at the expiry of the period of 6 months beginning on that date, or (ii) on the date on which that interest ceases to be so vested, or (iii) on the date on which the condition in section 12(1)(c) again applies, whichever is the earlier; and (c) any period of not more than 2 years beginning with the date on which the interest of the landlord under the tenancy becomes, and during which it remains, vested— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) in trustees as such; or (iii) by virtue of section 9 of the Administration of Estates Act 1925, in the Probate Judge or the Public Trustee. 2 During any period when— (a) in the interest of the landlord under the tenancy referred to in section 12(1) is vested in trustees as such, and (b) that interest is . . . held on trust for any person who occupies as his residence a dwelling-house which forms part of the building or, as the case may be, flat referred to in section 12(1)(a), the condition in section 12(1)(c) shall be deemed to be fulfilled and, accordingly, no part of that period shall be disregarded by virtue of paragraph 1 above. 2A (1) The tenancy referred to in section 12(1) fails within this paragraph if the interest of the landlord under the tenancy becomes vested in the personal representatives of a deceased person acting in that capacity. (2) If the tenancy falls within this paragraph, the condition in section 12(1)(c) shall be deemed to be fulfilled tor any period, beginning with the date on which the interest becomes vested in the personal representatives and not exceeding two years, during which the interest of the landlord remains so vested. 3 Throughout any period which, by virtue of paragraph 1 above, falls to be disregarded for the purpose of determining whether the condition in section 12(1)(c) is fulfilled with respect to a tenancy, no order shall be made for possession of the dwelling-house subject to that tenancy, other than an order which might be made if that tenancy were or, as the case may be, had been a regulated tenancy. 4 For the purposes of section 12, a building is a purpose-built block of flats if as constructed it contained, and it contains, 2 or more flats; and for this purpose “flat” means a dwelling-house which— (a) forms part only of a building; and (b) is separated horizontally from another dwelling-house which forms part of the same building. 5 For the purposes of section 12, a person shall be treated as occupying a dwelling-house as his residence if, so far as the nature of the case allows, he fulfills the same conditions as, by virtue of section 2(3) of this Act, are required to be fulfilled by a statutory tenant of a dwelling-house. Part II Tenancies ceasing to fall within section 12 6 (1) In any case where— (a) a tenancy which, by virtue only of section 12, was precluded from being a protected tenancy ceases to be so precluded and accordingly becomes a protected tenancy, and (b) before it became a protected tenancy a rent was registered for the dwelling concerned under Part V of this Act, the amount which is so registered shall be deemed to be registered under Part IV of this Act as the rent for the dwelling-house which is let on that tenancy, and that registration shall be deemed to take effect on the day the tenancy becomes a protected tenancy. (2) Section 67(3) of this Act shall not apply to an application for the registration under Part IV of a rent different from that which is deemed to be registered as mentioned in sub-paragraph (1) above. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) If, immediately before a tenancy became a protected tenancy as mentioned in sub-paragraph (1)(a) above, the rates in respect of the dwelling-house concerned were borne as mentioned in subsection (3) of section 79 of this Act and the fact that they were so borne was noted as required by that subsection, then, in the application of Part IV in relation to the protected tenancy, section 71(2) of this Act shall be deemed to apply. 7 If, in a case where a tenancy becomes a protected tenancy as mentioned in sub-paragraph (1)(a) above— (a) a notice to quit had been served in respect of the dwelling concerned before the date on which the tenancy became a protected tenancy, and (b) the period at the end of which that notice to quit takes effect had, before that date, been extended under Part VII of this Act, and (c) that period has not expired before that date, the notice to quit shall take effect on the day following that date (whenever it would otherwise take effect) and, accordingly, on that day the protected tenancy shall become a statutory tenancy.

SCHEDULES 3—4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 Calculation of Amount of Rates

1 For the purposes of this Act, the amount of rates for any rental period shall be taken, subject to this Schedule, to be an amount which bears to the total rates payable during the relevant rating period the same proportion as the length of the rental period bears to the length of the relevant rating period. 2 In this Schedule “the relevant rating period”, in relation to a rental period, means the rating period during which the rent for that rental period is payable. 3 The amount of the rates for any rental period which precedes the making, by the authority levying the rates, of their first demand for, or for an instalment of, the rates for the relevant rating period shall be calculated on the basis that the rates for that rating period will be the same as for the last preceding rating period. 4 (1) On the making, by the authority levying the rates, of their first such demand, and on the making by them of any subsequent such demand, the amount of the rates for any rental period shall if necessary be recalculated on the basis that the rates for the relevant rating period will be such as appears from the information given in the demand and any previous demands. (2) Any such recalculation shall not affect the ascertainment of the rates for any rental period beginning more than 6 weeks before the date of the service of the demand giving rise to the recalculation. 5 If, as a result of the settlement of a proposal, the rates payable for the relevant rating period are decreased, the amount of the rates for a rental period shall be recalculated so as to give effect to the decrease; but any such recalculation shall not affect the ascertainment of the rates for any rental period beginning more than 6 weeks before the date of the settlement of the proposal. 6 In computing the rates for any rental period for the purposes of this Schedule, any discount, and any allowance made under any of the enactments relating to allowances given where rates are paid by the owner instead of by the occupier, shall be left out of account, and accordingly those rates shall be computed as if no such discount or allowance had fallen to be, or had been, allowed or made.

SCHEDULE 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7 Rent Limit for certain Tenancies first regulated by virtue of the Counter-Inflation Act 1973

Section 44(4). Special rent limit 1 (1) This paragraph applies to a regulated tenancy— (a) which was granted before 8th March 1973, and (b) which would not have been a regulated tenancy but for section 14(1) of the Counter-Inflation Act 1973 (which brought certain tenancies of dwelling-houses with high rateable values within the protection of the Rent Act 1968). (2) Subject to this Schedule, the recoverable rent for any contractual period of a tenancy to which this paragraph applies shall not exceed the limit specified in paragraph 2 below, and the amount of any excess shall, notwithstanding anything in any agreement, be irrecoverable from the tenant. (3) Where a rent for the dwelling-house is registered under Part IV of this Act which is less than the limit specified in paragraph 2 below, neither section 44(1) nor section 45(2) of this Act shall apply to a tenancy to which this paragraph applies. (4) Sub-paragraphs (2) and (3) above shall cease to apply if the landlord and the tenant so provide by an agreement conforming with the requirements of section 51(4) of this Act. (5) Sub-paragraph (2) above shall not apply where a rent for the dwelling-house is registered under Part IV of this Act which is not less than the limit specified in paragraph 2 below. 2 (1) Where, at 22nd March 1973, Article 10 of the Counter-Inflation (Rents) (England and Wales) Order 1972 applied to the rent under the tenancy (to which paragraph 1 above applies), the said limit is the rent payable under the tenancy as limited by the said Article 10 immediately before that date. (2) In any other case the said limit is the rent payable under the terms of the tenancy (to which paragraph 1 above applies) at 22nd March 1973. Adjustment for repairs, services or rates 3 (1) This paragraph applies to a contractual period the rent for which is subject to paragraph 1(2) above. (2) In this paragraph “the previous terms” means the terms of the tenancy (to which paragraph 1 above applies) as at 22nd March 1973, and “the limit” means the limit in paragraph 2 above. (3) Where under the terms of the tenancy there is with respect to— (a) the responsibility for any repairs, or (b) the provision of services by the landlord or any superior landlord, or (c) the use of furniture by the tenant, any difference compared with the previous terms, such as to affect the amount of the rent which it is reasonable to charge, the limit shall be increased or decreased by an appropriate amount. (4) Where for the contractual period there is a difference between the amount (if any) of the rates borne by the landlord or a superior landlord in respect of the dwelling-house and the amount (if any) so borne during the first rental period for which the previous terms were agreed, the limit shall be increased or decreased by the difference. (5) Where for the contractual period there is an increase in the cost of the provision of the services (if any) provided for the tenant by the landlord or a superior landlord compared with that cost at the time when the previous terms were agreed, such as to affect the amount of the rent which it is reasonable to charge, the limit shall be increased by an appropriate amount. (6) Where the previous terms provide for a variation of the rent in any of the circumstances mentioned in this paragraph, the limit shall not be further varied under this paragraph by reason of the same circumstances. (7) Any question whether, or by what amount, the limit is increased or decreased by sub-paragraph (3) or (5) above shall be determined by the county court, and any such determination— (a) may be made so as to relate to past rental periods, and (b) shall have effect with respect to rental periods subsequent to the periods to which it relates until revoked or varied by a subsequent determination. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10 Rent Assessment Committees

Section 65. 1. The Welsh Ministers shall draw up and from time to time revise a panel of persons to act as chairmen and other members of rent assessment committees in Wales. 2. The panel shall consist of a number of persons appointed by the Lord Chancellor and a number of persons appointed by the Welsh Ministers. 2A No appointment of a person to the panel by the Lord Chancellor shall be such as to extend beyond the day on which the person attains the age of 75. 3 The Welsh Ministers shall nominate one of the persons appointed by the Lord Chancellor to act as president of the panel, and one or more such persons to act as vice-president or vice-presidents. 4 Subject to this Schedule, the number of rent assessment committees in Wales and the constitution of those committees shall be determined by the president of the panel ... or, in the case of the president’s absence or incapacity, by the vice-president or, as the case may be, one of the vice-presidents. 5 Subject to paragraphs 5A, 6 and 6A below, each rent assessment committee shall consist of a chairman and one or two other members, and the chairman shall be either the president or vice-president (or, as the case may be, one of the vice-presidents) of the panel or one of the other members appointed by the Lord Chancellor. 5A. A member of the First-tier Tribunal may, at the request of the president or vice-president of the panel and with the approval of the Senior President of Tribunals, act as a member of a rent assessment committee in Wales. 5B A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of a rent assessment committee in Wales may, at the request of the president or vice-president of the panel and with the approval of the President of Welsh Tribunals, act as a member of such a committee. 6 The president of the panel may, if he thinks fit, direct that when dealing with such cases or dealing with a case in such circumstances as may be specified in the direction, the chairman sitting alone may, with the consent of the parties, exercise the functions of a rent assessment committee. 6A When dealing with an application under section 81A of this Act a rent assessment committee carrying out the functions of a rent tribunal shall consist of the chairman of the committee sitting alone. 7 There shall be paid to members of the panel such remuneration and allowances as the Welsh Ministers , . . ., may determine. 7A The Welsh Ministers may, . . ., provide for the payment of pensions, allowances or gratuities to or in respect of any person nominated to act as president or vice-president of the panel . 8 The President of the panel may appoint, with the approval of the Welsh Ministers as to numbers, such clerks and other officers and servants of rent assessment committees as he thinks fit, and there shall be paid to the clerks and other officers and servants such salaries and allowances as the Welsh Ministers , . . ., may determine. 9 There shall be paid out of moneys provided by Parliament— (a) the remuneration and allowances of members of the panel ; (b) the salaries and allowances of clerks and other officers and servants appointed under this Schedule; and (c) such other expenses of the panel as the Welsh Ministers may determine . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11 Applications for Registration of Rent

Section 67. Part I Application Unsupported by Certificate of Fair Rent Procedure on application to rent officer 1 On receiving any application for the registration of a rent, the rent officer may, by notice in writing served on the landlord or on the tenant (whether or not the applicant or one of the applicants), require him to give to the rent officer, within such period of not less than 7 days from the service of the notice as may be specified in the notice, such information as he may reasonably require regarding such of the particulars contained in the application as may be specified in the notice. 2 (1) Where the application is made jointly by the landlord and the tenant and it appears to the rent officer, after making such inquiry, if any, as he thinks fit and considering any information supplied to him in pursuance of paragraph I above, that the rent specified in the application is a fair rent, he may register that rent without further proceedings. (2) Where the rent officer registers a rent under this paragraph he shall notify the landlord and tenant accordingly. ] [3 (1) In the case of an application which does not fall within paragraph 2 above, the rent officer shall serve on the landlord and on the tenant a notice inviting the person on whom the notice is served to state in writing, within a period of not less than seven days after the service of the notice, whether he wishes the rent officer to consider, in consultation with the landlord and the tenant, what rent ought to be registered for the dwelling-house. (2) A notice served under sub-paragraph (1) above on the person who did not make the application shall be accompanied— (a) by a copy of the application; and (b) where, in pursuance of section 67(2)(b), the application was accompanied by details of the landlord’s expenditure in connection with the provisions of services, by a copy of those details.] [3A If, after service of a notice by the rent officer under paragraph 3(1) above, no request in writing is made within the period specified in the notice for the rent to be considered as mentioned in that paragraph, the rent officer after considering what rent ought to be registered or, as the case may be, whether a different rent ought to be registered, may— (a) determine a fair rent and register it as the rent for the dwelling-house; or (b) confirm the rent for the time being registered and note the confirmation in the register; or (c) serve a notice under paragraph 4(2) below. 4 (1) Where, in response to a notice served by the rent officer under paragraph 3(1) above, the landlord or the tenant states in writing that he wishes the rent to be considered as mentioned in that paragraph, the rent officer shall serve a notice under this paragraph. (2) A notice under this paragraph shall be served on the landlord and on the tenant informing them that the rent officer proposes, at a time (which shall not be earlier than 7 days after the service of the notice, or 14 days in a case failing within paragraph 3(2)(b) above, and place specified in the notice, to consider in consultation with the landlord and the tenant, or such of them as may appear at that time and place, what rent ought to be registered for the dwelling-house or, as the case may be, whether a different rent ought to be so registered. (3) At any such consultation the landlord and the tenant may each be represented by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor. (4) The rent officer may, where he considers it appropriate, arrange for consultations in respect of one dwelling-house to be held together with consultations in respect of one or more other dwelling-houses. 5 After considering, in accordance with paragraph 4 above, what rent ought to be registered or, as the case may be, whether a different rent ought to be registered, the rent officer shall, as the case may require,— (a) determine a fair rent and register it as the rent for the dwelling-house; or (b) confirm the rent for the time being registered and note the confirmation in the register; 5A Where a rent has been registered or confirmed by the rent officer under paragraph 3A or 5 above, he shall notify the landlord and the tenant accordingly by a notice stating that if, with 28 days of the service of the notice or such longer period as he or the appropriate tribunal may allow, an objection in writing is received by the rent officer from the landlord or the tenant the matter will be referred to the appropriate tribunal . 6 (1) If such an objection as is mentioned in paragraph 5A above is received, then— (a) if it is received within the period of 28 days specified in that paragraph or the appropriate tribunal so direct, the rent officer shall refer the matter to the appropriate tribunal ; (b) if it is received after the expiry of that period the rent officer may either refer the matter to the appropriate tribunal or seek the directions of the appropriate tribunal committee whether so to refer it. (2) The rent officer shall indicate in the register whether the matter has been referred to a rent assessment committee in pursuance of this paragraph. Determination of fair rent by rent assessment committee 7 (1) A rent assessment committee to whom a matter is referred under paragraph 6 above— (a) may by notice in the prescribed form served on the landlord or the tenant require him to give to the committee, within such period of not less than 14 days from the service of the notice as may be specified in the notice, such further information, in addition to any given to the rent officer in pursuance of paragraph 1 above, as they may reasonably require; and (b) shall serve on the landlord and on the tenant a notice specifying a period of not less than 7 days from the service of the notice during which either representations in writing or a request to make oral representations may be made by him to the committee. (2) If any person fails without reasonable cause to comply with any notice served on him under sub-paragraph (1)(a) above, he shall be liable on a first conviction to a fine not exceeding £50 and on a second or subsequent conviction, to a fine not exceeding £100. (3) Where an offence under sub-paragraph (2) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 8 Where, within the period specified in paragraph 7(1)(b) above, or such further period as the committee may allow, the landlord or the tenant requests to make oral representations the committee shall give him an opportunity to be heard either in person or by a person authorised by him in that behalf, whether or not that person is of counsel or a solicitor. 8A. A rent assessment committee shall make such inquiry, if any, as they think fit and consider any information supplied or representation made to them in pursuance of paragraph 7 or paragraph 8 above. Outcome of determination of fair rent by appropriate tribunal 9. (1) The appropriate tribunal shall— (a) if it appears to them that the rent registered or confirmed by the rent officer is a fair rent, confirm that rent; (b) if it does not appear to them that that rent is a fair rent, determine a fair rent for the dwelling house. (2) Where the tribunal confirm or determine a rent under this paragraph they shall notify the landlord, the tenant and the rent officer of the tribunal’s decision and of the date on which it was made. (3) On receiving the notification, the rent officer shall, as the case may require, either indicate in the register that the rent has been confirmed or register the rent determined by the appropriate tribunal as the rent for the dwelling-house. Interim registration of rent 9A In this Schedule references to a fair rent in relation to an application under section 67A of this Act are references to the amount to be registered under section 70A(1)(b) of this Act. Maximum Fair Rent 9B This Schedule has effect subject to article 2 of the Rent Acts (Maximum Fair Rent) Order 1999 and accordingly– (a) the rent officer, in considering what rent ought to be registered, shall consider whether that article applies; and (b) where a matter is referred to them, the appropriate tribunal shall consider whether that article applies and, where it does apply, they shall not, subject to paragraph (5) of that article, confirm or determine a rent for the dwelling-house that exceeds the maximum fair rent calculated in accordance with that article. Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 14 Conversion of Housing Association Tenancies into Regulated Tenancies

Section 92. 1 (1) This paragraph applies in any case where— (a) a tenancy of a dwelling-house under which the interest of the landlord belonged to a housing association came to an end at a time before 1st April 1975, and (b) on the date when it came to an end, the tenancy was one to which Part VIII of the 1972 Act (which is superseded by Part VI of this Act) applied, and (c) if the tenancy had come to an end on 1st April 1975 it would, by virtue of section 18(1) of the 1974 Act have then been a protected tenancy for the purposes of the Rent Act 1968. (2) If on 1st April 1975 a person who was the tenant under the tenancy which came to an end duly retained possession of the dwelling-house, he shall be deemed to have done so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant. (3) If on 1st April 1975 a person duly retained possession of the dwelling-house as being a person who, in the circumstances described in sub-paragraph (5) below, would have been the first successor, within the meaning of Schedule 1 to the Rent Act 1968, he shall be deemed to have done so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 2 or 3 of Schedule 1 to this Act. (4) If on 1st April 1975 a person duly retained possession of the dwelling-house as being a person who, in the circumstances described in sub-paragraph (5) below, would have become the statutory tenant on the death of a first successor, he shall be deemed to have done so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 6 or 7 of Schedule 1 to this Act. (5) The circumstances mentioned in sub-paragraphs (3) and (4) above are that— (a) the tenant under the tenancy, or any person to whom the dwelling-house or any part thereof had been lawfully sublet has died; and (b) if the deceased had been the original tenant within the meaning of Schedule 1 to the Rent Act 1968, the person duly retaining possession of the dwelling-house would have been the first successor within the meaning of that Schedule or would have become the statutory tenant on the death of that first successor. (6) References in this paragraph to a person duly retaining possession of a dwelling-house are references to his retaining possession without any order for possession having been made or, where such an order has been made— (a) during any period while its operation is postponed or its execution is suspended; or (b) after it has been rescinded. (7) Subject to sub-paragraph (8) below, the tenancy referred to in sub-paragraph (1) above shall be treated as the original contract of tenancy for the purposes of section 3 of this Act in relation to a statutory tenancy imposed by any of subparagraphs (2) to (4) above. (8) The High Court or the county court may by order vary all or any of the terms of a statutory tenancy imposed by any of sub-paragraphs (2) to (4) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by sections 46 and 47 of this Act). 2 (1) If, in a case where either a tenancy has become a protected tenancy by virtue of section 18(1) of the 1974 Act or by virtue or subsections (1) and (3) of section 15 of this Act or a statutory tenancy has been imposed by virtue of paragraph 1 above— (a) a rent (the “previous registered rent”) was registered for the dwelling-house at a time when Part VIII of the 1972 Act or Part VI of this Act applied to that tenancy or, as the case may be, to the tenancy referred to in paragraph 1(1) above; and (b) a rent has subsequently been registered for the dwelling-house under Part IV of this Act but the rent so registered is less than the previous registered rent, then subject to paragraph 4 below, until such time as a rent is registered under Part IV which is higher than the previous registered rent, the contractual rent limit or, as the case may be, the maximum rent recoverable during any statutory period of the regulated tenancy concerned shall be the previous registered rent. (2) If in a case falling within sub-paragraph (1) above, the Secretary of State has, in a direction under section 90 of this Act, specified a rent limit for the dwelling-house higher than the previous registered rent, then, during the period for which that direction has effect as mentioned in that section, sub-paragraph (1) above shall have effect with the substitution for any reference to the previous registered rent of a reference to the rent limit so specified. (3) Nothing in this paragraph shall affect the operation of section 73 of this Act and, accordingly, where the registration of a rent is cancelled in accordance with that section, sub-paragraph (1) above shall cease to apply in relation to the rent of the dwelling-house concerned. 3 (1) This paragraph applies for the purposes of the application of Part III of this Act in relation to— (a) a tenancy which has become a protected tenancy by virtue of section 18(1) of the 1974 Act or by virtue of subsections (1) and (3) of section 15 of this Act, (b) a statutory tenancy arising on the termination of such a tenancy, and (c) a statutory tenancy imposed by virtue of paragraph 1 above, in any case where at the time when Part VIII of the 1972 Act or Part VI of this Act applied to the tenancy referred to in paragraph (a) above or, as the case may require, paragraph 1(1) above, section 83(3) of the 1972 Act or section 88(4) of this Act, applied. (2) Where this paragraph applies, the rent limit applicable to the tenancy or statutory tenancy referred to in sub-paragraph (1) above shall be deemed to be (or, as the case may be, to have been) the contractual rent limit under the relevant tenancy, but without prejudice to the subsequent registration of a rent for the dwelling-house under Part IV of this Act or (during the currency of a protected tenancy) the making of an agreement under section 51 of this Act increasing the rent payable. (3) Sub-paragraph (2) above shall have effect notwithstanding the repeal by the 1972 Act of section 20(3) of the Rent Act 1968 (contractual rent limit before registration), but nothing in this paragraph shall be taken as applying any provisions of section 88 of this Act to a tenancy at a time when it is a protected tenancy. (4) In this paragraph “the relelvant tenancy” means— (a) in the case of a tenancy falling within sub-paragraph (1)(a) above, that tenancy; (b) in the case of a statutory tenancy falling within sub-paragraph (1)(b) above, the tenancy referred to in sub-paragraph (1)(a) above; and (c) in the case of a statutory tenancy falling within sub-paragraph (1)(c) above, the protected tenancy referred to in sub-paragraph (2) of paragraph 1 above or, in a case where sub-paragraph (3) or (4) of that paragraph applies, a notional protected tenancy which, when taken with that regulated tenancy would, by virtue of section 18(2) of this Act, be treated for the purposes of this Act as constituting one regulated tenancy when taken together with the statutory tenancy. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 (1) This paragraph has effect with respect to the application of Schedule 9 to this Act in relation to a regulated tenancy consisting of— (a) a tenancy which has become a protected tenancy by virtue of section 18(1) of the 1974 Act or by virtue of subsections (1) and (3) of section 15 of this Act, or (b) a statutory tenancy imposed by virtue of paragraph 1 above, together with any subsequent statutory tenancy which, when taken with that regulated tenancy, is by virtue of section 18(2) of this Act treated for the purposes of this Act as constituting one regulated tenancy. (2) For the purposes of paragraph 1(1)(b) of Schedule 9, a tenancy falling within sub-paragraph (1)(a) above shall be deemed to have been a regulated tenancy throughout the period when Part VIII of the 1972 Act or Part VI of this Act applied to it. (3) In the case of a regulated tenancy falling within sub-paragraph (1)(b) above, paragraph 1(1)(b) of Schedule 9 shall have effect as if the reference to the completion of works during the existence of the regulated tenancy included a reference to their completion during the period beginning on the day on which Part VIII of the 1972 Act or Part VI of this Act first applied to the tenancy referred to in paragraph 1(1) above and ending on the day on which the regulated tenancy came into existence. (4) The reference in paragraph 3(1) of Schedule 9 to notices of increase authorised by this Act shall include a reference to notices of increase under section 87 of the 1972 Act. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In the application of section 70 of this Act in relation to a tenancy which has become a protected tenancy by virtue of section 18(1) of the 1974 Act or by virtue of subsections (1) and (3) of section 15 of this Act or a statutory tenancy which is imposed by virtue of paragraph 1 above, the reference in subsection (3) to a failure to comply with any terms of a regulated tenancy or to carrying out an improvement includes a reference to a failure occuring or an improvement carried out before the tenancy became a regulated tenancy or, as the case may be, before the statutory tenancy was imposed. 8 In this Schedule “the 1972 Act” means the Housing Finance Act 1972 and “the 1974 Act” means the Housing Act 1974.

SCHEDULE 15 Grounds for Possession of Dwelling-Houses Let on or Subject to Protected or Statutory Tenancies

Section 98. Part I Cases in Which Court May Order Possession Case 1 Where any rent lawfully due from the tenant has not been paid, or any obligation of the protected or statutory tenancy which arises under this Act, or— (a) in the case of a protected tenancy, any other obligation of the tenancy, in so far as is consistent with the provisions of Part VII of this Act, or (b) in the case of a statutory tenancy, any other obligation of the previous protected tenancy which is applicable to the statutory tenancy. has been broken or not performed. Case 2 Where the tenant or any person residing or lodging with him or any sub-tenant of his has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the dwelling-house or allowing the dwelling-house to be used for immoral or illegal purposes. Case 3 Where the condition of the dwelling-house has, in the opinion of the court, deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any person residing or lodging with him or any sub-tenant of his and, in the case of any act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, where the court is satisfied that the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant, as the case may be. Case 4 Where the condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any person residing or lodging with him or any sub-tenant of his and, in the case of any ill-treatment by a person lodging with the tenant or a sub-tenant of his, where the court is satisfied that the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant, as the case may be. Case 5 Where the tenant has given notice to quit and, in consequence of that notice, the landlord has contracted to sell or let the dwelling-house or has taken any other steps as the result of which he would, in the opinion of the court, be seriously prejudiced if he could not obtain possession. Case 6 Where, without the consent of the landlord, the tenant has, at any time after— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) 22nd March 1973, in the case of a tenancy which became a regulated tenancy by virtue of section 14 of the Counter-Inflation Act 1973; (bb) the commencement of section 73 of the Housing Act 1980, in the case of a tenancy which became a regulated tenancy by virtue of that section. (c) 14th August 1974, in the case of a regulated furnished tenancy; or (d) 8th December 1965, in the case of any other tenancy, assigned or sublet the whole of the dwelling-house or sublet part of the dwelling-house, the remainder being already sublet. Case 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Case 8 Where the dwelling-house is reasonably required by the landlord for occupation as a residence for some person engaged in his whole-time employment, or in the whole-time employment of some tenant from him or with whom, conditional on housing being provided, a contract for such employment has been entered into, and the tenant was in the employment of the landlord or a former landlord, and the dwelling-house was let to him in consequence of that employment and he has ceased to be in that employment. Case 9 Where the dwelling-house is reasonably required by the landlord for occupation as a residence for— (a) himself, or (b) any son or daughter of his over 18 years of age, or (c) his father or mother, or (d) if the dwelling-house is let on or subject to a regulated tenancy, the father or mother of his spouse or civil partner, and the landlord did not become landlord by purchasing the dwelling-house or any interest therein after— (i) 7th November 1956, in the case of a tenancy which was then a controlled tenancy; (ii) 8th March 1973, in the case of a tenancy which became a regulated tenancy by virtue of section 14 of the Counter-Inflation Act 1973; (iii) 24th May 1974, in the case of a regulated furnished tenancy; or (iv) 23rd March 1965, in the case of any other tenancy. Case 10 Where the court is satisfied that the rent charged by the tenant— (a) for any sublet part of the dwelling-house which is a dwelling-house let on a protected tenancy or subject to a statutory tenancy is or was in excess of the maximum rent for the time being recoverable for that part, having regard to . . . Part III of this Act, or (b) for any sublet part of the dwelling-house which is subject to a restricted contract is or was in excess of the maximum (if any) which it is lawful for the lessor, within the meaning of Part V of this Act to require or receive having regard to the provisions of that Part. Case 10A Both of the following conditions are met in relation to a dwelling-house in England. Condition 1 is that the Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them which identifies— (a) the tenant or, in the case of joint tenants, one or more of them, or (b) one or more other persons aged 18 or over who are occupying the dwelling-house, as a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy. Condition 2 is that the person or persons named in the notice— (a) fall within paragraph (a) or (b) of condition 1, and (b) are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy. For the purposes of this case a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if— (a) P is not a relevant national, and (b) P does not have a right to rent in relation to the dwelling-house. P does not have a right to rent in relation to the dwelling-house if— (a) P requires leave to enter or remain in the United Kingdom but does not have it, or (b) P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house. But P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this case to occupy a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy. In this case “relevant national” means— (a) a British citizen, (aa) an Irish citizen, or (ab) a person who is not an Irish citizen and who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020. (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Cases in Which Court Must Order Possession Where Dwelling-House Subject to Regulated Tenancy Case 11 Where a person (in this Case referred to as “the owner-occupier”) who let the dwelling-house on a regulated tenancy had, at any time before the letting, occupied it as his residence and— (a) not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case, and (b) the dwelling-house has not, since— (i) 22nd March 1973, in the case of a tenancy which became a regulated tenancy by virtue of section 14 of the Counter-Inflation Act 1973; (ii) 14th August 1974, in the case of a regulated furnished tenancy; or (iii) 8th December 1965, in the case of any other tenancy, been let by the owner-occupier on a protected tenancy with respect to which the condition mentioned in paragraph (a) above was not satisfied, and (c) the court is of the opinion that, of the conditions set out in Part V of this Schedule one of those in paragraphs (a) and (c) to (f) is satisfied. If the court is of the opinion that, notwithstanding that the condition in paragraph (a) or (b) above is not complied with, it is just and equitable to make and order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs, as the case may require. The giving of a notice before 14th August 1974 under section 79 of the Rent Act 1968 shall be treated, in the case of a regulated furnished tenancy, as compliance with paragraph (a) of this case. Where the dwelling-house has been let by the owner-occupier on a protected tenancy (in this paragraph referred to as “the earlier tenancy”) granted on or after 16th November 1984 but not later than the end of the period of two months beginning with the commencement of the Rent (Amendment) Act 1985 and either— the earlier tenancy was granted for a term certain (whether or not to be followed by a further term or to continue thereafter from year to year or some other period) and was during that term a protected shorthold tenancy as defined in section 52 of the Housing Act 1980, or the conditions mentioned in paragraphs ( a ) to ( c ) of Case 20 were satisfied with respect to the dwelling-house and the earlier tenancy, then for the purposes of paragraph (b) above the condition in paragraph (a) above is to be treated as having been satisfied with respect to the earlier tenancy. Case 12 Where the landlord (in this Case referred to as “the owner”) intends to occupy the dwelling-house as his residence at such time as he might retire from regular employment and has let it on a regulated tenancy before he has so retired and— (a) not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case; and (b) the dwelling-house has not, since 14th August 1974, been let by the owner on a protected tenancy with respect to which the condition mentioned in paragraph (a) above was not satisfied; and (c) the court is of the opinion that of the conditions set out in Part V of this Schedule one of those in paragraphs ( b ) to ( e ) is satisfied. If the court is of the opinion that, notwithstanding that the condition in paragraph (a) or (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 requirements of either or both of those paragraphs, as the case may require. Case 13 Where the dwelling-house is let under a tenancy for a term of years certain not exceeding 8 months and— (a) not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case; and (b) the dwelling-house was, at some time within the period of 12 months ending on the relevant date, occupied under a right to occupy it for a holiday. For the purposes of this Case a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term. Case 14 Where the dwelling-house is let under a tenancy for a term of years certain not exceeding 12 months and— (a) not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case; and (b) at some time within the period of 12 months ending on the relevant date, the dwelling-house was subject to such a tenancy as is referred to in section 8(1) of this Act. For the purposes of this Case a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term. Case 15 Where the dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and— (a) not later than the relevant date the tenant was given notice in writing that possession might be recovered under this Case, and (b) the court is satisfied that the dwelling-house is required for occupation by a minister of religion as such a residence. Case 16 Where the dwelling-house was at any time occupied by a person under the terms of his employment as a person employed in agriculture, and (a) the tenant neither is nor at any time was so employed by the landlord and is not the widow of a person who was so employed, and (b) not later than the relevant date, the tenant was given notice in writing that possession might be recovered under this Case, and (c) the court is satisfied that the dwelling-house is required for occupation by a person employed, or to be employed, by the landlord in agriculture. For the purposes of this Case “employed”, “employment” and “agriculture” have the same meanings as in the Agricultural Wages Act 1948. Case 17 Where proposals for amalgamation, approved for the purposes of a scheme under section 26 of the Agriculture Act 1967, have been carried out and, at the time when the proposals were submitted, the dwelling-house was occupied by a person responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the land comprised in the amalgamation and (a) after the carrying out of the proposals, the dwelling-house was let on a regulated tenancy otherwise than to, or to the widow of, either a person ceasing to be so responsible as part of the amalgamation or a person who is, or at any time was, employed by the landlord in agriculture, and (b) not later than the relevant date the tenant was given notice in writing that possession might be recovered under this Case, and (c) the court is satisfied that the dwelling-house is required for occupation by a person employed, or to be employed, by the landlord in agriculture, and (d) the proceedings for possession are commenced by the landlord at any time during the period of 5 years beginning with the date on which the proposals for the amalgamation were approved or, if occupation of the dwelling-house after the amalgamation continued in, or was first taken by, a person ceasing to be responsible as mentioned in paragraph (a) above or his widow, during a period expiring 3 years after the date on which the dwelling-house next became unoccupied. For the purposes of this Case “employed” and “agriculture” have the same meanings as in the Agricultural Wages Act 1948 and “amalgamation” has the same meaning as in Part II of the Agriculture Act 1967. Case 18 Where— (a) the last occupier of the dwelling-house before the relevant date was a person, or the widow of a person, who was at some time during his occupation responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of land which formed, together with the dwelling-house, an agricultural unit within the meaning of the Agriculture Act 1947, and (b) the tenant is neither— (i) a person, or the widow of a person, who is or has at any time been responsible for the control of the farming of any part of the said land, nor (ii) a person, or the widow of a person, who is or at any time was employed by the landlord in agriculture, and (c) the creation of the tenancy was not preceded by the carrying out in connection with any of the said land of an amalgamation approved for the purposes of a scheme under section 26 of the Agriculture Act 1967, and (d) not later than the relevant date the tenant was given notice in writing that possession might be recovered under this Case, and (e) the court is satisfied that the dwelling-house is required for occupation either by a person responsible or to be responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the said land or by a person employed or to be employed by the landlord in agriculture, and (f) in a case where the relevant date was before 9th August 1972, the proceedings for possession are commenced by the landlord before the expiry of 5 years from the date on which the occupier referred to in paragraph (a) above went out of occupation. For the purposes of this Case “employed” and “agriculture” have the same meanings as in the Agricultural Wages Act 1948 and “amalgamation” has the same meaning as in Part II of the Agriculture Act 1967. Case 19 Where the dwelling-house was let under a protected shorthold tenancy (or is treated under section 55 of the Housing Act 1980 as having been so let) and— (a) there either has been no grant of a further tenancy of the dwelling-house since the end of the protected shorthold tenancy or, if there was such a grant, it was to a person who immediately before the grant was in possession of the dwelling-house as a protected or statutory tenant; and (b) the proceedings for possession were commenced after appropriate notice by the landlord to the tenant and not later than months after the expiry of the notice. A notice is appropriate for this Case if— it is in writing and states that proceedings for possession under this Case may be brought after its expiry; and it expires not earlier than 3 months after it is served nor, if, when it is served, the tenancy is a periodic tenancy, before that periodic tenancy could be brought to an end by a notice to quit served by the landlord on the same day; it is served— in the period of 3 months immediately preceding the date on which protected shorthold tenancy comes to an end; or if that date has passed, in the period of 3 months immediately preceding any anniversary of that date; and in a case where a previous notice has been served by the landlord on the tenant in respect of the dwelling-house, and that notice was an appropriate notice, it is served not earlier than 3 months after the expiry of the previous notice. Case 20 Where the dwelling-house was let by a person (in this Case referred to as “the owner”) at any time after the commencement of section 67 of the Housing 1980 c. 5 1. Act 1980 and— (a) at the time when the owner acquired the dwelling-house he was a member of the regular armed forces of the Crown; (b) at the relevant date the owner was a member of the regular armed forces of the Crown; (c) not later than the relevant date the owner gave notice in writing to the tenant that possession might be recovered under this Case; (d) the dwelling-house has not, since the commencement of section 67 of the Act of 1980 been let by the owner on a protected tenancy with respect to which the condition mentioned in paragraph (c) above was not satisfied; and (e) the court is of the opinion that— (i) the dwelling-house is required as a residence for the owner; or (ii) of the conditions set out in Part V of this Schedule one of those in paragraphs (c) to (f) is satisfied. If the court is of the opinion that, notwithstanding that the condition in paragraph (c) or (d) 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 requirements of either or both of these paragraphs, as the case may require. For the purposes of this Case “regular armed forces of the Crown” has the same meaning as in section 1 of the House of Commons Disqualification Act 1975. Part III Provisions Applicable to Case 9 and Part II of This Schedule Provision for Case 9 1 A court shall not make an order for possession of a dwelling-house by reason only that the circumstances of the case fall within Case 9 in Part I of this Schedule if the court is satisfied that, having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by granting the order than by refusing to grant it. Provision for Part II 2 Any reference in Part II of this Schedule to the relevant date shall be construed as follows:— (a) except in a case falling within paragraph (b) or (c) below, if the protected tenancy, or, in the case of a statutory tenancy, the previous contractual tenancy, was created before 8th December 1965, the relevant date means 7th June 1966; and (b) except in a case falling within paragraph (c) below, if the tenancy became a regulated tenancy by virtue of section 14 of the Counter-Inflation Act 1973 and the tenancy or, in the case of a statutory tenancy, the previous contractual tenancy, was created before 22nd March 1973, the relevant date means 22nd September 1973; and (c) in the case of a regulated furnished tenancy, if the tenancy or, in the case of a statutory furnished tenancy, the previous contractual tenancy was created before 14th August 1974, the relevant date means 13th February 1975; and (d) in any other case, the relevant date means the date of the commencement of the regulated tenancy in question. Part IV Suitable Alternative Accommodation 3 For the purposes of section 98(1)(a) of this Act, a certificate of the local housing authority for the district in which the dwelling-house in question is situated, certifying that the authority will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date. 4 (1) Where no such certificate as is mentioned in paragraph 3 above is produced to the court, accommodation shall be deemed to be suitable for the purposes of section 98(1)(a) of this Act if it consists of either— (a) premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy other than one under which the landlord might recover possession of the dwelling-house under one of the cases in Part II of this Schedule), or (b) premises to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Part VII of this Act in the case of a protected tenancy, or a kind mentioned in paragraph (a) above, and, in the opinion of the court, the accommodation fulfils the relevant conditions as defined in paragraph 5 below. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 (1) For the purposes of paragraph 4 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either— (a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by any local housing authority for persons whose needs as regards extent are, in the opinion of the court, similar to those of the tenant and of his family; or (b) reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character; and that if any furniture was provided for use under the protected or statutory tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family. (2) For the purposes of sub-paragraph (1)(a) above, a certificate of a local housing authority stating— (a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and (b) the amount of the rent charged by the authority for dwelling-houses affording accommodation of that extent, shall be conclusive evidence of the facts so stated. 6 Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of the Part X of the Housing Act 1985. 7 Any document purporting to be a certificate of a local housing authority named therein issued for the purposes of this Schedule and to be signed by the proper officer of that authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof. 8 In this Part “ local housing authority ” and “ district ” in relation to such an authority have the same meaning as in the Housing Act 1985. Part V Provisions applying to Cases 11, 12 and 20 1 In this Part of this Schedule— “mortgage” includes a charge and “mortgagee” shall be construed accordingly; “owner” means, in relation to Case 11, the owner-occupier; and “successor” means any person deriving title from the owner, other than a purchaser for value or a person deriving title from a purchaser for value. 2 The conditions referred to in Paragraph (c) in each of Cases 11 and 12 and in paragraph (e)(ii) of Case 20 are that— (a) the dwelling-house is required as a residence for the owner or any member of his family who resided with the owner when he last occupied the dwelling-house as a residence; (b) the owner has retired from regular employment and requires the dwelling-house as a residence; (c) 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; (d) the owner has died and the dwelling-house is required by a successor in title as his residence or for the purpose of disposing of it with vacant possession; (e) the dwelling-house is subject to a mortgage, made by deed and granted before the tenancy, and the mortgagee— (i) is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and (ii) requires the dwelling-house for he purpose of disposing of it with vacant possession in exercise of that power; and (f) the dwelling-house is not reasonably suitable to the needs of the owner, having regard to his place of work, and he requires it for the purpose of disposing of it with vacant possession and of using the proceeds of that disposal in acquiring, as his residence, a dwelling-house which is more suitable to those needs.

SCHEDULE 16 Further Grounds for Possession of Dwelling-Houses let on or subject to Tenancies to which Section 99 applies

Section 99. Case I Alternative accommodation not provided or arranged by housing authority 1 The court is satisfied that suitable alternative accommodation is available for the tenant, or will be available for him when the order for possession takes effect. 2 Accommodation shall be deemed suitable in this Case if it consists of— (a) premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy, or (b) premises which are to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Part VII of this Act in the case of a protected tenancy, and, in the opinion of the court, the accommodation fulfils the conditions in paragraph 3 below. 3 (1) The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work and either— (a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by the local housing authority for persons whose needs as regards extent are similar to those of the tenant and his family, or (b) reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent and character. (2) For the purposes of sub-paragraph (1)(a) above, a certificate of the local housing authority stating— (a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of each number as may be specified in the certificate, and (b) the amount of the rent charged by the local housing authority for dwelling-houses affording accommodation of that extent, shall be conclusive evidence of the facts so stated. (3) If any furniture was provided by the landlord for use under the tenancy, furniture must be provided for use in the alternative accommodation which is either similar, or is reasonably suitable to the needs of the tenant and his family. 4 Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of Part X of the Housing Act 1985. 5 Any document purporting to be a certificate of the local housing authority issued for the purposes of this Case and to be signed by the proper officer of the authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof. 6 In this Case no account shall be taken of accommodation as respects which an offer has been made, or notice has been given, as mentioned in paragraph 1 of Case II below. 7 In this Case and in Case II below “the local housing authority” has the same meaning as in the Housing Act 1985. Case II Alternative accommodation provided or arranged by housing authority 1 The local housing authority have made an offer in writing to the tenant of alternative accommodation which appears to them to be suitable, specifying the date when the accommodation will be available and the date (not being less than 14 days from the date of offer), by which the offer must be accepted. or The local housing authority have given notice in writing to the tenant that they have received from a person specified in the notice an offer in writing to rehouse the tenant in alternative accommodation which appears to the local housing authority to be suitable, and the notice specifies both the date when the accommodation will be available and the date (not being less than 14 days from the date when the notice was given to the tenant) by which the offer must be accepted. 2 The landlord shows that the tenant accepted the offer (by the housing authority or other person) within the time duly specified in the offer. or The landlord shows that the tenant did not so accept the offer, and the tenant does not satisfy the court that he acted reasonably in failing to accept the offer. 3 (1) The accommodation offered must in the opinion of the court fulfil the conditions of this paragraph. (2) The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work. (3) The accommodation must be reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent. 4 If the accommodation offered is available for a limited period only, the local housing authority’s offer or notice under paragraph 1 of this Case must contain an assurance that other accommodation— (a) the availability of which is not so limited, (b) which appears to them to be suitable, and (c) which fulfils the conditions in paragraph 3 above, will be offered to the tenant as soon as practicable.