Law

Housing Act 1988

United Kingdom · statute

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In force since 2026-10-26, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 206 provisions

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206 provisions

16H Landlords acting through others

Nothing in section 16D or 16E prevents a landlord from fulfilling or contravening an obligation through another person acting on their behalf.

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16I Financial penalties

(1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt— (a) that the person contravened section 16D or any paragraph of section 16E(1) other than paragraph (e), or (b) that— (i) the person contravened paragraph (e) of section 16E(1), and (ii) the tenant surrendered the tenancy within the period of four months beginning with the date of the contravention, without an order for possession of the dwelling-house being made. (2) Where a landlord fulfils the requirement in section 16D, a local housing authority may not impose a financial penalty on a person who contravenes section 16D only by virtue of subsection (8) of that section. (3) More than one penalty may be imposed on the same person in relation to a contravention of section 16D only if— (a) the contravention continues after the end of 28 days beginning with the day after that on which the previous penalty for the contravention was imposed, unless the person appeals against the decision to impose the penalty within that period, or (b) if the person appeals against that decision within that period, the contravention continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned. (4) Subsection (3) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal. (5) Where a local housing authority has imposed a financial penalty on a person in relation to a contravention of paragraph (b) or (d) of section 16E(1), the local housing authority may not impose a financial penalty in relation to a contravention of the other of those two paragraphs arising from the same conduct. (6) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £7,000. (7) Where— (a) a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and (b) the contraventions in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others, the local housing authority may impose a financial penalty under this section on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it. (8) No financial penalty may be imposed under this section in respect of any conduct if— (a) the person has been convicted of an offence under section 16J in respect of the conduct, (b) criminal proceedings under that section have been instituted against the person in respect of the conduct and the proceedings have not been concluded, (c) criminal proceedings under that section in respect of the conduct have been concluded and the person has not been convicted of the offence, or (d) a financial penalty has been imposed under section 16K in respect of that conduct. (9) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section. (10) Local housing authorities must have regard to any guidance issued under subsection (9). (11) For the purposes of this section and section 16J— (a) a financial penalty is imposed under this section or section 16K on the date specified in the final notice as the date on which the notice is given, and (b) “final notice” has the meaning given by paragraph 6 of Schedule 2ZA.

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16J Offences

(1) A relevant person is guilty of an offence if, in relation to an assured tenancy— (a) the person relies on a ground in Schedule 2, knowing that the landlord would not be able to obtain an order for possession on that ground, or being reckless as to whether the landlord would be able to do so, and (b) the tenant surrenders the tenancy within the period of four months beginning with the date the ground was relied on, without an order for possession of the dwelling-house being made. (2) A person is guilty of an offence if the person contravenes section 16E(2) or (3) but it is a defence for a person who contravenes section 16E(3) otherwise than as a landlord to show that they took all reasonable steps to avoid contravening it. (3) A person is guilty of an offence if— (a) a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and (b) the conduct in respect of which the penalty was imposed continues after the end of the period of 28 days beginning with— (i) the day after that on which the penalty was imposed on the person, or (ii) if the person appeals against the final notice in respect of the penalty within that period, the day after that on which the appeal is finally determined, withdrawn or abandoned. (4) A person is guilty of an offence if— (a) the person conducts themselves in a manner giving rise to liability to a financial penalty under section 16I, and (b) within the period of five years ending with the day on which the conduct occurs— (i) a relevant penalty has been imposed on the person for different conduct and the final notice imposing the penalty has not been withdrawn, or (ii) the person has been convicted of an offence under this section for different conduct. (5) In subsections (3) and (4) “relevant penalty” means a financial penalty which is imposed under section 16I or 16K where— (a) the period for bringing an appeal against the penalty under paragraph 10(2) of Schedule 2ZA has expired without an appeal being brought, (b) an appeal against the financial penalty under that paragraph has been withdrawn or abandoned, or (c) the final notice imposing the penalty has been confirmed or varied on appeal. (6) A person may not be convicted of an offence under subsection (1), (2) or (4) in respect of any conduct if a financial penalty has been imposed under section 16I or 16K in respect of that conduct. (7) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly. (8) Where an offence under subsection (2) committed by a body corporate is proved to be attributable to any neglect on the part of an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly. (9) Where the affairs of a body corporate are managed by its members, subsections (7) and (8) apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate. (10) A person guilty of an offence under this section is liable on summary conviction to a fine.

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16K Financial penalties as an alternative to prosecution under section 16J

(1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person is guilty of an offence under section 16J. (2) No financial penalty may be imposed under this section in respect of any conduct if— (a) the person has been convicted of an offence under section 16J in respect of the conduct, (b) criminal proceedings under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or (c) criminal proceedings under that section in respect of the conduct have been concluded and the person has not been convicted of the offence. (3) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £40,000. (4) Where— (a) a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and (b) the offences in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others, the local housing authority may impose a financial penalty under this section on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it. (5) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section. (6) Local housing authorities must have regard to any guidance issued under subsection (5).

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16L Financial penalties: supplementary and interpretation

(1) The Secretary of State may give financial assistance (by way of grant, loan guarantee or in any other form) or make other payments to a local housing authority in respect of the local housing authority’s functions under or by virtue of sections 16I to 16K. (2) The Secretary of State may by regulations amend the amount specified in section 16I(6) or 16K(3) to reflect changes in the value of money. (3) Regulations under this section are to be made by statutory instrument. (4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (5) Schedule 2ZA makes provision about— (a) the procedure for imposing financial penalties under sections 16I and 16K, (b) appeals against financial penalties under sections 16I and 16K, (c) enforcement of financial penalties under sections 16I and 16K, and (d) how local housing authorities are to deal with the proceeds of financial penalties under sections 16I and 16K.

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16M Duties of landlords etc, penalties and offences: interpretation

(1) In sections 16D to 16L, Schedule 2ZA and this section— “legal representative” means a person carrying on a legal activity, within the meaning of the Legal Services Act 2007, in the course of a business, where the person— is an authorised person in relation to a reserved legal activity for the purposes of that Act, or is of a description specified for the purposes of this section in regulations made by the Secretary of State; “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London (in its capacity as a local authority) or the Council of the Isles of Scilly; “purported notice of possession” means any written document which is not in accordance with section 8 but which (however expressed)— purports to be a notice under section 8, or purports to bring an assured tenancy to an end or to require that it is brought to an end (by reference to a ground in Schedule 2 or otherwise), and is not a claim form or a document produced pursuant to proceedings in the court for possession of the dwelling-house; “relevant person”, in relation to a tenancy, means— the landlord, a person acting on behalf of the landlord otherwise than as a legal representative, or a person purporting to act on behalf of the landlord. (2) For the purposes of 16D to 16L a person relies on a ground in Schedule 2 in relation to a tenancy where the person— (a) serves on the tenant a notice under section 8, or a purported notice of possession, asserting that the landlord is, will or may be able to obtain an order for possession on that ground, or (b) having not done anything within paragraph (a) in relation to the ground, files a claim form or particulars of claim with the court, for the purpose of beginning proceedings for possession on that ground. (3) In section 16E “the restricted period” is to be read in accordance with subsections (4) to (7). (4) Subject to subsections (5) to (7) “the restricted period” means— (a) in relation to a relevant person relying on Ground 1 or 1A in a notice under section 8 or a purported notice of possession (see subsection (2)(a)), the period— (i) beginning with the date on which the notice or purported notice is served, and (ii) ending with the last day of the period of twelve months beginning with the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin; (b) in relation to a relevant person relying on Ground 1 or 1A in a claim form or particulars of claim (see subsection (2)(b)), the period of twelve months beginning with the date on which the claim form or particulars of claim are filed with the court for the purpose of bringing proceedings for possession. (5) Where subsection (6) applies, the reference in subsection (4)(a)(ii) to the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin is to be read as a reference to the earliest date that could have been validly so specified in a notice under section 8, served on the same date, specifying Ground 1 or 1A alone. (6) This subsection applies— (a) where (because it also specifies Ground 7A or 14) a notice under section 8 specifies, as the earliest date on which proceedings for possession will begin, an earlier date than the earliest date that could have been validly so specified in a notice under section 8 specifying Ground 1 or 1A alone; (b) where a purported notice of possession— (i) does not specify a date as the earliest date on which proceedings will begin, or (ii) specifies as the earliest date on which proceedings will begin a date that could not have been specified in a valid notice under section 8 served on the same date, specifying Ground 1 or 1A alone. (7) Where, before the end of the restricted period, the court makes an order for possession of the dwelling-house on a ground other than Ground 1 or 1A, the restricted period ends with the day on which the order is made. (8) Regulations under this section— (a) may make different provision for different purposes; (b) are to be made by statutory instrument. (9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

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16N Guarantor not liable for rent payable after tenant’s death

(1) This section applies where— (a) an individual (the “guarantor”) is a party to an arrangement (the “guarantee”) under which the individual guarantees payment by the tenant of rent under an assured tenancy (“guaranteed rent”), and (b) the guarantor became a party to the guarantee on or after the commencement date. (2) If— (a) only one person is the tenant under the assured tenancy, and (b) that person dies, the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that person. (3) If— (a) two or more persons are the tenant under the assured tenancy, and (b) all of those persons die, the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the deaths of those persons (if they all die on the same day) or beginning with the death of the last of those persons to die (if they do not all die on the same day). (4) If— (a) two or more persons are the tenant under the assured tenancy, (b) the guarantor is a family member of only one of those persons, and (c) that family member of the guarantor dies, the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that family member. (5) If— (a) two or more persons are the tenant under the assured tenancy, (b) the guarantor is a family member of more than one of those persons, and (c) all of those family members of the guarantor die, the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the deaths of those family members (if they all die on the same day) or beginning with the death of the last of those family members to die (if they do not all die on the same day). (6) For the purposes of this section, the guaranteed rent for the period beginning with the death of a person, or with the deaths of two or more persons, is— (a) guaranteed rent which— (i) is for the rent period during which the person dies or persons die (the “relevant rent period”), and (ii) is attributable to the time after the death of the person or persons, and (b) guaranteed rent for every rent period after the relevant rent period. (7) For that purpose, the guaranteed rent for the relevant rent period which is attributable to the time after the death of the person or persons is the amount calculated in accordance with this formula— DT×R where— D is the total number of days in the relevant rent period which fall on and after the day of the death of the person or persons; T is the total number of days in the relevant rent period; R is the guaranteed rent for the relevant rent period.

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16P Section 16N: application and interpretation

(1) Section 16N applies to a guarantee— (a) whether or not it is in writing; (b) if it is in writing, whether or not it is in the lease; (c) whether or not it also guarantees the payment of any sum other than the rent. (2) In section 16N and this section— “commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025; “family member” is to be read in accordance with subsections (3) and (4); “rent period” means a period for which rent is payable. (3) For the purposes of section 16N, the guarantor is a family member of the following persons— (a) the spouse, civil partner or co-habitee of the guarantor; (b) a person who is— (i) a child, (ii) a grandchild, (iii) a parent, (iv) a grandparent, (v) a sibling, (vi) a niece or nephew, (vii) an aunt or uncle, or (viii) a cousin, of the guarantor or of the spouse, civil partner or co-habitee of the guarantor; (c) a person who is the spouse, civil partner or co-habitee of a person falling within paragraph (b). (4) If, in accordance with subsection (3), a person (F)— (a) is a family member of the guarantor when the guarantee is entered into, or (b) becomes a family member of the guarantor after the guarantee is entered into, F is to be regarded as being a family member of the guarantor at all times afterwards (regardless of whether F continues to be so in accordance with subsection (3)). (5) For the purposes of this section— (a) one person (C) is the “co-habitee” of another person (P) if P lives with C as if they were married or in a civil partnership; (b) a “niece or nephew” of a person (P) is a child— (i) of a sibling of P, or (ii) of a person who is the spouse, civil partner or co-habitee of a sibling of P; (c) an “aunt or uncle” of a person (P) is a sibling of a parent of P; (d) a “cousin” of a person (P) is a child— (i) of an aunt or uncle of P, or (ii) of a person who is the spouse, civil partner or co-habitee of an aunt or uncle of P; (e) “sibling” includes a sibling of the half-blood and a step-sibling.

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17 Succession to assured tenancy.

(1) Subject to subsection (1D), In any case where— (a) the sole tenant under an assured periodic tenancy dies, and (b) immediately before the death, the tenant’s spouse or civil partner was occupying the dwelling-house as his or her only or principal home, and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . then, on the death, the tenancy vests by virtue of this section in the spouse or civil partner (and, accordingly, does not devolve under the tenant’s will or intestacy). (1A) Subject to subsection (1D), in any case where— (a) there is an assured periodic tenancy of a dwelling-house in England under which— (i) the landlord is a private registered provider of social housing, and (ii) the tenant is a sole tenant, (b) the tenant under the tenancy dies, (c) immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home, (d) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and (e) there is a person whose succession is in accordance with that term, then, on the death, the tenancy vests by virtue of this section in that person (and, accordingly, does not devolve under the tenant's will or intestacy). (1B) Subject to subsection (1D), in any case where— (a) there is an assured tenancy of a dwelling-house in England for a fixed term of not less than two years under which— (i) the landlord is a private registered provider of social housing, and (ii) the tenant is a sole tenant, (b) the tenant under the tenancy dies, and (c) immediately before the death, the tenant's spouse or civil partner was occupying the dwelling-house as his or her only or principal home, then, on the death, the tenancy vests by virtue of this section in the spouse or civil partner (and, accordingly, does not devolve under the tenant's will or intestacy). (1C) Subject to subsection (1D), in any case where— (a) there is an assured tenancy of a dwelling-house in England for a fixed term of not less than two years under which— (i) the landlord is a private registered provider of social housing, and (ii) the tenant is a sole tenant, (b) the tenant under the tenancy dies, (c) immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home, (d) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and (e) there is a person whose succession is in accordance with that term, then, on the death, the tenancy vests by virtue of this section in that person (and accordingly does not devolve under the tenant's will or intestacy). (1D) Subsection (1) , (1A), (1B) or (1C) or (1A) does not apply if the tenant was himself a successor as defined in subsection (2) or subsection (3). (1E) In such a case, on the death, the tenancy vests by virtue of this section in a person (“P”) (and, accordingly, does not devolve under the tenant's will or intestacy) if, and only if— (a) (in a case within subsection (1)) the tenancy is of a dwelling-house in England under which the landlord is a private registered provider of social housing, (b) an express term of the tenancy makes provision for a person to succeed a successor to the tenancy, and (c) P's succession is in accordance with that term. (2) For the purposes of this section, a tenant is a successor in relation to a tenancy if— (a) the tenancy became vested in him either by virtue of this section or under the will or intestacy of a previous tenant; or (b) at some time before the tenant’s death the tenancy was a joint tenancy held by himself and one or more other persons and, prior to his death, he became the sole tenant by survivorship; or (c) he became entitled to the tenancy as mentioned in section 39(5) below. (3) For the purposes of this section, a tenant is also a successor in relation to a tenancy (in this subsection referred to as “the new tenancy”) which was granted to him (alone or jointly with others) if— (a) at some time before the grant of the new tenancy, he was, by virtue of subsection (2) above, a successor in relation to an earlier tenancy of the same or substantially the same dwelling-house as is let under the new tenancy; and (b) at all times since he became such a successor he has been a tenant (alone or jointly with others) of the dwelling-house which is let under the new tenancy or of a dwelling-house which is substantially the same as that dwelling-house. (4) For the purposes of this section, a person who was living with the tenant as if they were a married couple or civil partners is to be treated as the tenant’s spouse or civil partner. (5) If, on the death of the tenant, there is, by virtue of subsection (4) above, more than one person who fulfils the condition in subsection (1)(b) or (1B)(c) 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 section be treated as the tenant’s spouse or civil partner. (6) If, on the death of the tenant, there is more than one person in whom the tenancy would otherwise vest by virtue of subsection (1A) , (1C) or (1E), the tenancy vests in such one of them as may be agreed between them or, in default of agreement, as is determined by the county court. (7) This section does not apply to a fixed term assured tenancy that is a lease of a dwelling-house— (a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or (b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.

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18 Provisions as to reversions on assured tenancies.

(1) If at any time— (a) a dwelling-house is for the time being lawfully let on an assured tenancy, and (b) the landlord under the assured tenancy is himself a tenant under a superior tenancy; and (c) the superior tenancy comes to an end, then, subject to subsection (2) below, the assured tenancy shall continue in existence as a tenancy held of the person whose interest would, apart from the continuance of the assured tenancy, entitle him to actual possession of the dwelling-house at that time. (2) Subsection (1) above does not apply to an assured tenancy if the interest which, by virtue of that subsection, would become that of the landlord, is such that, by virtue of Schedule 1 to this Act, the tenancy could not be an assured tenancy. (3) Where, by virtue of any provision of this Part of this Act, an assured tenancy which is a periodic tenancy (including a statutory periodic tenancy) continues beyond the beginning of a reversionary tenancy which was granted (whether before, on or after the commencement of this Act) so as to begin on or after— (a) the date on which the previous contractual assured tenancy came to an end, or (b) a date on which, apart from any provision of this Part, the periodic assured tenancy could have been brought to an end by the landlord by notice to quit, the reversionary tenancy shall have effect as if it had been granted subject to the periodic assured tenancy. (4) The reference in subsection (3) above to the previous contractual assured tenancy applies only where the periodic tenancy referred to in that subsection is a statutory periodic tenancy and is a reference to the fixed-term tenancy which immediately preceded the statutory periodic tenancy.

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19 Restriction on levy of distress for rent.

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19A Assured shorthold tenancies: post-Housing Act 1996 tenancies.

An assured tenancy which— (a) is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force (otherwise than pursuant to a contract made before that day), or (b) comes into being by virtue of section 5 above on the coming to an end of an assured tenancy within paragraph (a) above, is an assured shorthold tenancy unless it falls within any paragraph in Schedule 2A to this Act.

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20 Assured shorthold tenancies: pre-Housing Act 1996 tenancies.

(1) Subject to subsection (3) below, an assured tenancy which is not one to which section 19A above applies is an assured shorthold tenancy if— (a) it is a fixed term tenancy granted for a term certain of not less than six months, (b) there is no power for the landlord to determine the tenancy at any time earlier than six months from the beginning of the tenancy; and (c) a notice in respect of it is served as mentioned in subsection (2) below. (2) The notice referred to in subsection (1)(c) above is one which— (a) is in such form as may be prescribed; (b) is served before the assured tenancy is entered into; (c) is served by the person who is to be the landlord under the assured tenancy on the person who is to be the tenant under that tenancy; and (d) states that the assured tenancy to which it relates is to be a shorthold tenancy. (3) Notwithstanding anything in subsection (1) above, where— (a) immediately before a tenancy (in this subsection referred to as “the new tenancy”) is granted, the person to whom it is granted or, as the case may be, at least one of the persons to whom it is granted was a tenant under an assured tenancy which was not a shorthold tenancy, and (b) the new tenancy is granted by the person who, immediately before the beginning of the tenancy, was the landlord under the assured tenancy referred to in paragraph (a) above, the new tenancy cannot be an assured shorthold tenancy. (4) Subject to subsection (5) below, if, on the coming to an end of an assured shorthold tenancy (including a tenancy which was an assured shorthold but ceased to be assured before it came to an end), a new tenancy of the same or substantially the same premises comes into being under which the landlord and the tenant are the same as at the coming to an end of the earlier tenancy, then, if and so long as the new tenancy is an assured tenancy, it shall be an assured shorthold tenancy, whether or not it fulfils the conditions in paragraphs (a) to (c) of subsection (1) above. (5) Subsection (4) above does not apply if, before the new tenancy is entered into (or, in the case of a statutory periodic tenancy, takes effect in possession), the landlord serves notice on the tenant that the new tenancy is not to be a shorthold tenancy. (5A) Subsections (3) and (4) above do not apply where the new tenancy is one to which section 19A above applies (6) In the case of joint landlords— (a) the reference in subsection (2)(c) above to the person who is to be the landlord is a reference to at least one of the persons who are to be joint landlords; and (b) the reference in subsection (5) above to the landlord is a reference to at least one of the joint landlords. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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20A Post-Housing Act 1996 tenancies: duty of landlord to provide statement as to terms of tenancy.

(1) Subject to subsection (3) below, a tenant under an assured shorthold tenancy to which section 19A above applies may, by notice in writing, require the landlord under that tenancy to provide him with a written statement of any term of the tenancy which— (a) falls within subsection (2) below, and (b) is not evidenced in writing. (2) The following terms of a tenancy fall within this subsection, namely— (a) the date on which the tenancy began or, if it is a statutory periodic tenancy or a tenancy to which section 39(7) below applies, the date on which the tenancy came into being, (b) the rent payable under the tenancy and the dates on which that rent is payable, (c) any term providing for a review of the rent payable under the tenancy, and (d) in the case of a fixed term tenancy, the length of the fixed term. (3) No notice may be given under subsection (1) above in relation to a term of the tenancy if— (a) the landlord under the tenancy has provided a statement of that term in response to an earlier notice under that subsection given by the tenant under the tenancy, and (b) the term has not been varied since the provision of the statement referred to in paragraph (a) above. (4) A landlord who fails, without reasonable excuse, to comply with a notice under subsection (1) above within the period of 28 days beginning with the date on which he received the notice is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (5) A statement provided for the purposes of subsection (1) above shall not be regarded as conclusive evidence of what was agreed by the parties to the tenancy in question. (6) Where— (a) a term of a statutory periodic tenancy is one which has effect by virtue of section 5(3)(e) above, or (b) a term of a tenancy to which subsection (7) of section 39 below applies is one which has effect by virtue of subsection (6)(e) of that section, subsection (1) above shall have effect in relation to it as if paragraph (b) related to the term of the tenancy from which it derives. (7) In subsections (1) and (3) above— (a) references to the tenant under the tenancy shall, in the case of joint tenants, be taken to be references to any of the tenants, and (b) references to the landlord under the tenancy shall, in the case of joint landlords, be taken to be references to any of the landlords.

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20B Demoted assured shorthold tenancies

(1) An assured tenancy is an assured shorthold tenancy to which this section applies (a demoted assured shorthold tenancy) if— (a) the tenancy is created by virtue of an order of the court under section 82A of the Housing Act 1985 or section 6A of this Act (a demotion order), and (b) the landlord is a private registered provider of social housing or a registered social landlord. (2) At the end of the period of one year starting with the day when the demotion order takes effect a demoted assured shorthold tenancy ceases to be an assured shorthold tenancy unless subsection (3) applies, but see section 20C. (3) This subsection applies if before the end of the period mentioned in subsection (2) the landlord gives notice of proceedings for possession of the dwelling house. (4) If subsection (3) applies the tenancy continues to be a demoted assured shorthold tenancy until the end of the period mentioned in subsection (2) or (if later) until one of the following occurs— (a) the notice of proceedings for possession is withdrawn; (b) the proceedings are determined in favour of the tenant; (c) the period of six months beginning with the date on which the notice is given ends and no proceedings for possession have been brought. (5) Registered social landlord has the same meaning as in Part 1 of the Housing Act 1996.

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20C Assured shorthold tenancies following demoted tenancies

(1) Subsection (2) applies if— (a) section 20B applies to an assured shorthold tenancy of a dwelling-house in England (“the demoted tenancy”), (b) the landlord is a private registered provider of social housing, (c) the demoted tenancy was created by an order under section 6A made after the coming into force of section 163(2) of the Localism Act 2011, (d) the assured tenancy that was terminated by that order was an assured shorthold tenancy that, whether or not it was a fixed term tenancy when terminated by the order, was granted for a term certain of not less than two years, (e) apart from subsection (2), the demoted tenancy would cease to be an assured shorthold tenancy by virtue of section 20B(2) or (4), and (f) the landlord has served a notice within subsection (3) on the tenant before the demoted tenancy ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4). (2) The demoted tenancy does not cease to be an assured shorthold tenancy by virtue of section 20B(2) or (4), and at the time when it would otherwise cease to be an assured shorthold tenancy by virtue of section 20B(2) to (4)— (a) it becomes an assured shorthold tenancy which is a fixed term tenancy for a term certain, and (b) section 20B ceases to apply to it. (3) The notice must— (a) state that, on ceasing to be a demoted assured shorthold tenancy, the tenancy will become an assured shorthold tenancy which is a fixed term tenancy for a term certain of the length specified in the notice, (b) specify a period of at least two years as the length of the term of the tenancy, and (c) set out the other express terms of the tenancy. (4) Where an assured shorthold tenancy becomes a fixed term tenancy by virtue of subsection (2)— (a) the length of its term is that specified in the notice under subsection (3), and (b) its other express terms are those set out in the notice.

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20D Assured shorthold tenancies following family intervention tenancies

(1) An assured tenancy that arises by virtue of a notice under paragraph 12ZA(2) of Schedule 1 in respect of a family intervention tenancy is an assured shorthold tenancy if— (a) the landlord under the assured tenancy is a private registered provider of social housing, (b) the dwelling-house is in England, (c) the family intervention tenancy was granted to a person on the coming to an end of an assured shorthold tenancy under which the person was a tenant, and (d) the notice states that the family intervention tenancy is to be regarded as an assured shorthold tenancy. (2) This section does not apply if the family intervention tenancy was granted before the coming into force of section 163(3) of the Localism Act 2011.

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21 Recovery of possession on expiry or termination of assured shorthold tenancy.

(1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied— (a) that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than an assured shorthold periodic tenancy (whether statutory or not); and (b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house. (1A) Subsection (1B) applies to an assured shorthold tenancy of a dwelling-house in England if— (a) it is a fixed term tenancy for a term certain of not less than two years, and (b) the landlord is a private registered provider of social housing. (1B) The court may not make an order for possession of the dwelling-house let on the tenancy unless the landlord has given to the tenant not less than six months' notice in writing— (a) stating that the landlord does not propose to grant another tenancy on the expiry of the fixed term tenancy, and (b) informing the tenant of how to obtain help or advice about the notice and, in particular, of any obligation of the landlord to provide help or advice. (2) A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end; and that subsection shall have effect notwithstanding that on the coming to an end of the fixed term tenancy a statutory periodic tenancy arises. (3) Where a court makes an order for possession of a dwelling-house by virtue of subsection (1) above, any statutory periodic tenancy which has arisen on the coming to an end of the assured shorthold tenancy shall end (without further notice and regardless of the period) in accordance with section 5(1A). (4) Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied— (a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice in writing stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and (b) that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above. (4ZA) In the case of a dwelling-house in England, subsection (4)(a) above has effect with the omission of the requirement for the date specified in the notice to be the last day of a period of the tenancy. (4A) Where a court makes an order for possession of a dwelling-house by virtue of subsection (4) above, the assured shorthold tenancy shall end in accordance with section 5(1A). (4B) A notice under subsection (1) or (4) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England— (a) in the case of a tenancy which is not a replacement tenancy, within the period of four months beginning with the day on which the tenancy began, and (b) in the case of a replacement tenancy, within the period of four months beginning with the day on which the original tenancy began. (4C) Subsection (4B) does not apply where the tenancy has arisen due to section 5(2). (4D) Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun after the end of the period of six months beginning with the date on which the notice was given under subsection (1) or (4). (4E) Where— (a) a notice under subsection (4) has been given in relation to a dwelling-house in England, and (b) paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given, proceedings for an order for possession under this section may not be begun after the end of the period of four months beginning with the date specified in the notice. (5) Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than— (a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and (b) in the case of a replacement tenancy, six months after the beginning of the original tenancy. (5A) Subsection (5) above does not apply to an assured shorthold tenancy to which section 20B (demoted assured shorthold tenancies) applies. (6) In subsections (4B)(b) and (5)(b) above, the reference to the original tenancy is— (a) where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and (b) where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies. (7) For the purposes of this section, a replacement tenancy is a tenancy— (a) which comes into being on the coming to an end of an assured shorthold tenancy, and (b) under which, on its coming into being— (i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and (ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time. (8) The Secretary of State may by regulations made by statutory instrument prescribe the form of a notice under subsection (1) or (4) given in relation to an assured shorthold tenancy of a dwelling-house in England. (9) A statutory instrument containing regulations made under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.

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21A Compliance with prescribed legal requirements

(1) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement. (2) The requirements that may be prescribed are requirements imposed on landlords by any enactment and which relate to— (a) the condition of dwelling-houses or their common parts, (b) the health and safety of occupiers of dwelling-houses, or (c) the energy performance of dwelling-houses. (3) In subsection (2) “ enactment ” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978. (4) For the purposes of subsection (2)(a) “ common parts ” has the same meaning as in Ground 13 in Part 2 of Schedule 2. (5) A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

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21B Requirement for landlord to provide prescribed information

(1) The Secretary of State may by regulations require information about the rights and responsibilities of a landlord and a tenant under an assured shorthold tenancy of a dwelling-house in England (or any related matters) to be given by a landlord under such a tenancy, or a person acting on behalf of such a landlord, to the tenant under such a tenancy. (2) Regulations under subsection (1) may— (a) require the information to be given in the form of a document produced by the Secretary of State or another person, (b) provide that the document to be given is the version that has effect at the time the requirement applies, and (c) specify cases where the requirement does not apply. (3) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a requirement imposed by regulations under subsection (1). (4) A statutory instrument containing regulations made under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

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21C Repayment of rent where tenancy ends before end of a period

(1) A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where— (a) as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy, (b) the tenant has paid rent in advance for that period, and (c) the tenant was not in occupation of the dwelling-house for one or more whole days of that period. (2) The amount of repayment to which a tenant is entitled under subsection (1) is to be calculated in accordance with the following formula— R × D P where— R is the rent paid for the final period; D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house; and P is the number of whole days in that period. (3) If the repayment of rent described in subsections (1) and (2) has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled. (4) Nothing in this section affects any other right of the tenant to a repayment of rent from the landlord.

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22 Reference of excessive rents to appropriate tribunal.

(1) Subject to section 23 and subsection (2) below, the tenant under an assured shorthold tenancy . . . may make an application in the prescribed form to the appropriate tribunal for a determination of the rent which, in the appropriate tribunal’s opinion, the landlord might reasonably be expected to obtain under the assured shorthold tenancy. (2) No application may be made under this section if— (a) the rent payable under the tenancy is a rent previously determined under this section; . . . (aa) the tenancy is one to which section 19A above applies and more than six months have elapsed since the beginning of the tenancy or, in the case of a replacement tenancy, since the beginning of the original tenancy; or (b) the tenancy is an assured shorthold tenancy falling within subsection (4) of section 20 above (and, accordingly, is one in respect of which notice need not have been served as mentioned in subsection (2) of that section). (3) Where an application is made to the appropriate tribunal under subsection (1) above with respect to the rent under an assured shorthold tenancy, the appropriate tribunal shall not make such a determination as is referred to in that subsection unless they consider— (a) that there is a sufficient number of similar dwelling-houses in the locality let on assured tenancies (whether shorthold or not); and (b) that the rent payable under the assured shorthold tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy, having regard to the level of rents payable under the tenancies referred to in paragraph (a) above. (4) Where, on an application under this section, the appropriate tribunal make a determination of a rent for an assured shorthold tenancy— (a) the determination shall have effect from such date as the appropriate tribunal may direct, not being earlier than the date of the application; (b) if, at any time on or after the determination takes effect, the rent which, apart from this paragraph, would be payable under the tenancy exceeds the rent so determined, the excess shall be irrecoverable from the tenant; and (c) no notice may be served under section 13(2) above with respect to a tenancy of the dwelling-house in question until after the first anniversary of the date on which the determination takes effect. (5) Subsections (4), (5) and (8) of section 14 above apply in relation to a determination of rent under this section as they apply in relation to a determination under that section and, accordingly, where subsection (5) of that section applies, any reference in subsection (4)(b) above to rent is a reference to rent exclusive of the amount attributable to rates. (5A) Where— (a) an assured tenancy ceases to be an assured shorthold tenancy by virtue of falling within paragraph 2 of Schedule 2A to this Act, and (b) at the time when it so ceases to be an assured shorthold tenancy there is pending before the appropriate tribunal an application in relation to it under this section, the fact that it so ceases to be an assured shorthold tenancy shall, in relation to that application, be disregarded for the purposes of this section. (6) In subsection (2)(aa) above, the references to the original tenancy and to a replacement tenancy shall be construed in accordance with subsections (6) and (7) respectively of section 21 above.

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23 Termination of tribunal’s functions.

(1) If the Secretary of State by order made by statutory instrument so provides, section 22 above shall not apply in such cases or to tenancies of dwelling-houses in such areas or in such other circumstances as may be specified in the order. (2) An order under this section may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable. (3) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

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24 Assured agricultural occupancies.

(1) A tenancy or licence of a dwelling-house is for the purposes of this Part of this Act an “assured agricultural occupancy” if— (a) it is of a description specified in subsection (2) below; and (b) by virtue of any provision of Schedule 3 to this Act the agricultural worker condition is for the time being fulfilled with respect to the dwelling-house subject to the tenancy or licence. (1A) Subsection (1) has effect subject to section 24A(1) (opting out). (2) The following are the tenancies and licences referred to in subsection (1)(a) above— (a) an assured tenancy which is not an assured shorthold tenancy; (b) a tenancy which does not fall within paragraph (a) above by reason only of paragraph 3 , 3A, 3B or paragraph 7 of Schedule 1 to this Act (or more than one of those paragraphs) and is not an excepted tenancy; and (c) a licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which, if it conferred a sufficient interest in land to be a tenancy, would be a tenancy falling within paragraph (a) or paragraph (b) above. (2A) For the purposes of subsection (2)(b) above, a tenancy is an excepted tenancy if it is— (a) a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 in relation to which that Act applies, or (b) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 (3) For the purposes of Chapter I above and the following provisions of this Chapter, every assured agricultural occupancy which is not an assured tenancy shall be treated as if it were such a tenancy , and every opted-out tenancy, is to be treated as if it were an assured tenancy and any reference to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly; but the provisions of Chapter I above shall have effect in relation to every assured agricultural occupancy subject to the provisions of this Chapter. (4) Section 14 above shall apply in relation to an assured agricultural occupancy as if in subsection (1) of that section the reference to an assured tenancy were a reference to an assured agricultural occupancy.

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24A Opting out

(1) A tenancy that would otherwise be an assured agricultural occupancy for the purposes of this Part is not such an occupancy for those purposes if— (a) before the tenancy is entered into, an opt-out notice (see subsection (2)) is served by the person who is to be the landlord on the person who is to be the tenant, and (b) the tenancy is not the continuation of an existing occupancy (see subsection (3)). (2) An opt-out notice is a notice, in such form as may be prescribed, stating that the tenancy is not to be an assured agricultural occupancy. (3) A tenancy is the continuation of an existing occupancy if— (a) the person to whom the tenancy is granted or, as the case may be, at least one of the persons to whom it is granted was, immediately before it was granted, a tenant under an assured agricultural occupancy, and (b) the person by whom it is granted or, as the case may be, at least one of the persons by whom it is granted was, immediately before it was granted, a landlord under the assured agricultural occupancy referred to in paragraph (a). (4) In this Chapter “opted-out tenancy” means a tenancy that, but for this section, would be an assured agricultural occupancy.

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25 Security of tenure.

(1) If a statutory periodic tenancy arises on the coming to an end of an assured agricultural occupancy— (a) it shall be an assured agricultural occupancy as long as, by virtue of any provision of Schedule 3 to this Act, the agricultural worker condition is for the time being fulfilled with respect to the dwelling-house in question; and (b) if no rent was payable under the assured agricultural occupancy which constitutes the fixed term tenancy referred to in subsection (2) of section 5 above, subsection (3)(d) of that section shall apply as if for the words “the same as those for which rent was last payable under” there were substituted “monthly beginning on the day following the coming to an end of”. (2) In its application to an assured agricultural occupancy, Part II Part 1 of Schedule 2 to this Act shall have effect with the omission of Ground 16 Grounds 2ZA to 2ZD, 5A and 5C. (3) In its application to an assured agricultural occupancy, Part III of Schedule 2 to this Act shall have effect as if any reference in paragraph 2 to an assured tenancy included a reference to an assured agricultural occupancy. (4) If the tenant under an assured agricultural occupancy gives notice to terminate his employment then, notwithstanding anything in any agreement or otherwise, that notice shall not constitute a notice to quit as respects the assured agricultural occupancy. (5) Nothing in subsection (4) above affects the operation of an actual notice to quit given in respect of an assured agricultural occupancy.

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26 Rehousing of agricultural workers etc.

In section 27 of the Rent (Agriculture) Act 1976 (rehousing: applications to housing authority)— (a) in subsection (1)(a) after “statutory tenancy” there shall be inserted “ “or an assured agricultural occupancy ”; and (b) at the end of subsection (3) there shall be added “ “and assured agricultural occupancy has the same meaning as in Chapter III of Part I of the Housing Act 1988 ”.

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27 Damages for unlawful eviction.

(1) This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default unlawfully deprives the residential occupier of any premises of his occupation of the whole or part of the premises. (2) This section also applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default— (a) attempts unlawfully to deprive the residential occupier of any premises of his occupation of the whole or part of the premises, or (b) knowing or having reasonable cause to believe that the conduct is likely to cause the residential occupier of any premises— (i) to give up his occupation of the premises or any part thereof, or (ii) to refrain from exercising any right or pursuing any remedy in respect of the premises or any part thereof, does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, and, as a result, the residential occupier gives up his occupation of the premises as a residence. (3) Subject to the following provisions of this section, where this section applies, the landlord in default shall, by virtue of this section, be liable to pay to the former residential occupier, in respect of his loss of the right to occupy the premises in question as his residence, damages assessed on the basis set out in section 28 below. (4) Any liability arising by virtue of subsection (3) above— (a) shall be in the nature of a liability in tort; and (b) subject to subsection (5) below, shall be in addition to any liability arising apart from this section (whether in tort, contract or otherwise). (5) Nothing in this section affects the right of a residential occupier to enforce any liability which arises apart from this section in respect of his loss of the right to occupy premises as his residence; but damages shall not be awarded both in respect of such a liability and in respect of a liability arising by virtue of this section on account of the same loss. (6) No liability shall arise by virtue of subsection (3) above if— (a) before the date on which proceedings to enforce the liability are finally disposed of, the former residential occupier is reinstated in the premises in question in such circumstances that he becomes again the residential occupier of them; or (b) at the request of the former residential occupier, a court makes an order (whether in the nature of an injunction or otherwise) as a result of which he is reinstated as mentioned in paragraph (a) above; and, for the purposes of paragraph (a) above, proceedings to enforce a liability are finally disposed of on the earliest date by which the proceedings (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if any appeal is abandoned, the proceedings shall be taken to be disposed of on the date of the abandonment. (7) If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court— (a) that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord in default would otherwise be liable, or (b) that, before the proceedings were begun, the landlord in default offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation, the court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate. (8) In proceedings to enforce a liability arising by virtue of subsection (3) above, it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe— (a) that the residential occupier had ceased to reside in the premises in question at the time when he was deprived of occupation as mentioned in subsection (1) above or, as the case may be, when the attempt was made or the acts were done as a result of which he gave up his occupation of those premises; or (b) that, where the liability would otherwise arise by virtue only of the doing of acts or the withdrawal or withholding of services, he had reasonable grounds for doing the acts or withdrawing or withholding the services in question. (9) In this section— (a) “residential occupier”, in relation to any premises, has the same meaning as in section 1 of the 1977 Act; (b) “the right to occupy”, in relation to a residential occupier, includes any restriction on the right of another person to recover possession of the premises in question; (c) “landlord”, in relation to a residential occupier, means the person who, but for the occupier’s right to occupy, would be entitled to occupation of the premises and any superior landlord under whom that person derives title; (d) “former residential occupier”, in relation to any premises, means the person who was the residential occupier until he was deprived of or gave up his occupation as mentioned in subsection (1) or subsection (2) above (and, in relation to a former residential occupier, “the right to occupy” and “landlord” shall be construed accordingly).

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28 The measure of damages.

(1) The basis for the assessment of damages referred to in section 27(3) above is the difference in value, determined as at the time immediately before the residential occupier ceased to occupy the premises in question as his residence, between— (a) the value of the interest of the landlord in default determined on the assumption that the residential occupier continues to have the same right to occupy the premises as before that time; and (b) the value of that interest determined on the assumption that the residential occupier has ceased to have that right. (2) In relation to any premises, any reference in this section to the interest of the landlord in default is a reference to his interest in the building in which the premises in question are comprised (whether or not that building contains any other premises) together with its curtilage. (3) For the purposes of the valuations referred to in subsection (1) above, it shall be assumed— (a) that the landlord in default is selling his interest on the open market to a willing buyer; (b) that neither the residential occupier nor any member of his family wishes to buy; and (c) that it is unlawful to carry out any substantial development of any of the land in which the landlord’s interest subsists or to demolish the whole or part of any building on that land. (4) In this section “the landlord in default” has the same meaning as in section 27 above and subsection (9) of that section applies in relation to this section as it applies in relation to that. (5) Section 113 of the Housing Act 1985 (meaning of “members of a person’s family”) applies for the purposes of subsection (3)(b) above. (6) The reference in subsection (3)(c) above to substantial development of any of the land in which the landlord’s interest subsists is a reference to any development other than— (a) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted; or (b) a change of use resulting in the building referred to in subsection (2) above or any part of it being used as, or as part of, one or more dwelling-houses; and in this subsection “general development order”has the meaning given in section 56(6) of the Town and Country Planning Act 1990 and other expressions have the same meaning as in that Act.

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29 Offences of harassment.

(1) In section 1 of the 1977 Act (unlawful eviction and harassment of occupier), with respect to acts done after the commencement of this Act, subsection (3) shall have effect with the substitution, for the word “calculated”, of the word “likely”. (2) After that subsection there shall be inserted the following subsections— (3A) Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if— (a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or (b) he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence, and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises. (3B) A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question. (3C) In subsection (3A) above “landlord”, in relation to a residential occupier of any premises, means the person who, but for— (a) the residential occupier’s right to remain in occupation of the premises, or (b) a restriction on the person’s right to recover possession of the premises, would be entitled to occupation of the premises and any superior landlord under whom that person derives title.

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30 Variation of scope of 1977 ss. 3 and 4.

(1) In section 3 of the 1977 Act (prohibition of eviction without due process of law), in subsection (1) for the words “not a statutorily protected tenancy” there shall be substituted “neither a statutorily protected tenancy nor an excluded tenancy”. (2) After subsection (2A) of that section there shall be inserted the following subsections— (2B) Subsections (1) and (2) above apply in relation to any premises occupied as a dwelling under a licence, other than an excluded licence, as they apply in relation to premises let as a dwelling under a tenancy, and in those subsections the expressions “let” and “tenancy” shall be construed accordingly. (2C) References in the preceding provisions of this section and section 4(2A) below to an excluded tenancy do not apply to— (a) a tenancy entered into before the date on which the Housing Act 1988 came into force, or (b) a tenancy entered into on or after that date but pursuant to a contract made before that date,but, subject to that, “excluded tenancy” and “excluded licence” shall be construed in accordance with section 3A below. (3) In section 4 of the 1977 Act (special provisions for agricultural employees) after subsection (2) there shall be inserted the following subsection— (2A) In accordance with section 3(2B) above, any reference in subsections (1) and (2) above to the tenant under the former tenancy includes a reference to the licensee under a licence (other than an excluded licence) which has come to an end (being a licence to occupy premises as a dwelling); and in the following provisions of this section the expressions “tenancy” and “rent” and any other expressions referable to a tenancy shall be construed accordingly.

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31 Excluded tenancies and licences.

After section 3 of the 1977 Act there shall be inserted the following section— Excluded tenancies and licences. 3A (1) Any reference in this Act to an excluded tenancy or an excluded licence is a reference to a tenancy or licence which is excluded by virtue of any of the following provisions of this section. (2) A tenancy or licence is excluded if— (a) under its terms the occupier shares any accommodation with the landlord or licensor; and (b) immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part. (3) A tenancy or licence is also excluded if— (a) under its terms the occupier shares any accommodation with a member of the family of the landlord or licensor; (b) immediately before the tenancy or licence was granted and also at the time it comes to an end, the member of the family of the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part; and (c) immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises in the same building as the shared accommodation and that building is not a purpose-built block of flats. (4) For the purposes of subsections (2) and (3) above, an occupier shares accommodation with another person if he has the use of it in common with that person (whether or not also in common with others) and any reference in those subsections to shared accommodation shall be construed accordingly, and if, in relation to any tenancy or licence, there is at any time more than one person who is the landlord or licensor, any reference in those subsections to the landlord or licensor shall be construed as a reference to any one of those persons. (5) In subsections (2) to (4) above— (a) “accommodation” includes neither an area used for storage nor a staircase, passage, corridor or other means of access; (b) “occupier” means, in relation to a tenancy, the tenant and, in relation to a licence, the licensee; and (c) “purpose-built block of flats” has the same meaning as in Part III of Schedule 1 to the Housing Act 1988; and section 113 of the Housing Act 1985 shall apply to determine whether a person is for the purposes of subsection (3) above a member of another’s family as it applies for the purposes of Part IV of that Act. (6) A tenancy or licence is excluded if it was granted as a temporary expedient to a person who entered the premises in question or any other premises as a trespasser (whether or not, before the beginning of that tenancy or licence, another tenancy or licence to occupy the premises or any other premises had been granted to him). (7) A tenancy or licence is excluded if— (a) it confers on the tenant or licensee the right to occupy the premises for a holiday only; or (b) it is granted otherwise than for money or money’s worth. (8) A licence is excluded if it confers rights of occupation in a hostel, within the meaning of the Housing Act 1985, which is provided by— (a) the council of a county, district or London Borough, the Common Council of the City of London, the Council of the Isles of Scilly, the Inner London Education Authority, a joint authority within the meaning of the Local Government Act 1985 or a residuary body within the meaning of that Act; (b) a development corporation within the meaning of the New Towns Act 1981; (c) the Commission for the New Towns; (d) an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980; (e) a housing action trust established under Part III of the Housing Act 1988; (f) the Development Board for Rural Wales; (g) the Housing Corporation or Housing for Wales; (h) a housing trust which is a charity or a registered housing association, within the meaning of the Housing Associations Act 1985; or (i) any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State. (9) The power to make an order under subsection (8)(i) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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32 Notice to quit etc.

(1) In section 5 of the 1977 Act (validity of notices to quit) at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1B) below”. (2) After subsection (1) of that section there shall be inserted the following subsections— (1A) Subject to subsection (1B) below, no notice by a licensor or a licensee to determine a periodic licence to occupy premises as a dwelling (whether the licence was granted before or after the passing of this Act) shall be valid unless— (a) it is in writing and contains such information as may be prescribed, and (b) it is given not less than 4 weeks before the date on which it is to take effect. (1B) Nothing in subsection (1) or subsection (1A) above applies to— (a) premises let on an excluded tenancy which is entered into on or after the date on which the Housing Act 1988 came into force unless it is entered into pursuant to a contract made before that date; or (b) premises occupied under an excluded licence.

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33 Interpretation of Chapter IV and the 1977 Act.

(1) In this Chapter “the 1977 Act” means the Protection from Eviction Act 1977. (2) In section 8 of the 1977 Act (interpretation) at the end of subsection (1) (statutory protected tenancy) there shall be inserted— (e) an assured tenancy or assured agricultural occupancy under Part I of the Housing Act 1988. (3) At the end of that section there shall be added the following subsections— (4) In this Act “excluded tenancy” and “excluded licence” have the meaning assigned by section 3A of this Act. (5) If, on or after the date on which the Housing Act 1988 came into force, the terms of an excluded tenancy or excluded licence entered into before that date are varied, then— (a) if the variation affects the amount of the rent which is payable under the tenancy or licence, the tenancy or licence shall be treated for the purposes of sections 3(2C) and 5(1B) above as a new tenancy or licence entered into at the time of the variation; and (b) if the variation does not affect the amount of the rent which is so payable, nothing in this Act shall affect the determination of the question whether the variation is such as to give rise to a new tenancy or licence. (6) Any reference in subsection (5) above to a variation affecting the amount of the rent which is payable under a tenancy or licence does not include a reference to— (a) a reduction or increase effected under Part III or Part VI of the Rent Act 1977 (rents under regulated tenancies and housing association tenancies), section 78 of that Act (power of rent tribunal in relation to restricted contracts) or sections 11 to 14 of the Rent (Agriculture) Act 1976; or (b) a variation which is made by the parties and has the effect of making the rent expressed to be payable under the tenancy or licence the same as a rent for the dwelling which is entered in the register under Part IV or section 79 of the Rent Act 1977.

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34 New protected tenancies and agricultural occupancies restricted to special cases.

(1) A tenancy which is entered into on or after the commencement of this Act cannot be a protected tenancy, unless— (a) it is entered into in pursuance of a contract made before the commencement of this Act; or (b) it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a protected or statutory tenant and is so granted by the person who at that time was the landlord (or one of the joint landlords) under the protected or statutory tenancy; or (c) it is granted to a person (alone or jointly with others) in the following circumstances— (i) prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in section 98(1)(a) of, or Case 1 in Schedule 16 to, the Rent Act 1977 or Case 1 in Schedule 4 to the Rent (Agriculture) Act 1976 (suitable alternative accommodation available); and (ii) the tenancy is of the premises which constitute the suitable alternative accommodation as to which the court was so satisfied; and (iii) in the proceedings for possession the court considered that, in the circumstances, the grant of an assured tenancy would not afford the required security and, accordingly, directed that the tenancy would be a protected tenancy; or (d) it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by the Commission for the New Towns or a development corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981 (2) In subsection (1)(b) above “protected tenant” and “statutory tenant” do not include— (a) a tenant under a protected shorthold tenancy; (b) a protected or statutory tenant of a dwelling-house which was let under a protected shorthold tenancy which ended before the commencement of this Act and in respect of which at that commencement either there has been no grant of a further tenancy or any grant of a further tenancy has been to the person who, immediately before the grant, was in possession of the dwelling-house as a protected or statutory tenant; and in this subsection “protected shorthold tenancy” includes a tenancy which, in proceedings for possession under Case 19 in Schedule 15 to the Rent Act 1977, is treated as a protected shorthold tenancy. (3) In any case where— (a) by virtue of subsections (1) and (2) above, a tenancy entered into on or after the commencement of this Act is an assured tenancy, but (b) apart from subsection (2) above, the effect of subsection (1)(b) above would be that the tenancy would be a protected tenancy, and (c) the landlord and the tenant under the tenancy are the same as at the coming to an end of the protected or statutory tenancy which, apart from subsection (2) above, would fall within subsection (1)(b) above, the tenancy shall be an assured shorthold tenancy (whether or not , in the case of a tenancy to which the provision applies, it fulfils the conditions in section 20(1) above) unless, before the tenancy is entered into, the landlord serves notice on the tenant that it is not to be a shorthold tenancy. (4) A licence or tenancy which is entered into on or after the commencement of this Act cannot be a relevant licence or relevant tenancy for the purposes of the Rent (Agriculture) Act 1976 (in this subsection referred to as “the 1976 Act”) unless— (a) it is entered into in pursuance of a contract made before the commencement of this Act; or (b) it is granted to a person (alone or jointly with others) who, immediately before the licence or tenancy was granted, was a protected occupier or statutory tenant, within the meaning of the 1976 Act, and is so granted by the person who at that time was the landlord or licensor (or one of the joint landlords or licensors) under the protected occupancy or statutory tenancy in question. (5) Except as provided in subsection (4) above, expressions used in this section have the same meaning as in the Rent Act 1977.

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35 Removal of special regimes for tenancies of housing associations etc.

(1) In this section “housing association tenancy” has the same meaning as in Part VI of the Rent Act 1977. (2) A tenancy which is entered into on or after the commencement of this Act cannot be a housing association tenancy unless— (a) it is entered into in pursuance of a contract made before the commencement of this Act; or (b) it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a tenant under a housing association tenancy and is so granted by the person who at that time was the landlord under that housing association tenancy; or (c) it is granted to a person (alone or jointly with others) in the following circumstances— (i) prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the Housing Act 1985; and (ii) the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and (iii) in the proceedings for possession the court directed that the tenancy would be a housing association tenancy; or (d) it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by the Commission for the New Towns or a development corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981 (3) Where, on or after the commencement of this Act, a private registered provider of social housing or a registered social lanlord, within the meaning of the Housing Act 1985 (see section 5(4) and (5) of the Act), grants a secure tenancy or a secure contract pursuant to an obligation under section 554(2A) of the Housing Act 1985 (as set out in Schedule 17 to this Act) then, in determining whether that tenancy is a housing association tenancy, it shall be assumed for the purposes only of section 86(2)(b) of the Rent Act 1977 (tenancy would be a protected tenancy but for section 15 or 16 of that Act) that the tenancy was granted before the commencement of this Act. (4) Subject to section 38(4A) below a tenancy or licence which is entered into on or after the commencement of this Act cannot be a secure tenancy unless— (a) the interest of the landlord belongs to a local authority, a development corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 or a housing action trust established under Part III of this Act; or (aa) the interest of the landlord belongs to a Mayoral development corporation; or (b) the interest of the landlord belongs to a housing co-operative within the meaning of section 27B of the Housing Act 1985 (agreements between local housing authorities and housing co-operatives) and the tenancy or licence is of a dwelling-house comprised in a housing co-operative agreement falling within that section; or (ba) the interest of the landlord belongs to the Homes and Communities Agency, the Greater London Authority or the Welsh Ministers and the tenancy or licence falls within section 80(2A) to (2E) of the Housing Act 1985; or (c) it is entered into in pursuance of a contract made before the commencement of this Act; or (d) it is granted to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant and is so granted by the body which at that time was the landlord or licensor under the secure tenancy; or (e) it is granted to a person (alone or jointly with others) in the following circumstances— (i) prior to the grant of the tenancy or licence, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the Housing Act 1985; and (ii) the tenancy or licence is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and (iii) in the proceedings for possession the court considered that, in the circumstances, the grant of an assured tenancy would not afford the required security and, accordingly, directed that the tenancy or licence would be a secure tenancy; or (f) it is granted pursuant to an obligation under section 554(2A) of the Housing Act 1985 (as set out in Schedule 17 to this Act). (5) If, on or after the commencement of this Act, the interest of the landlord under a protected or statutory tenancy becomes held by a housing association, a housing trust or the Regulator of Social Housingor, where that interest becomes held by him as the result of the exercise by him of functions under Part III of the Housing Association Act 1985, the Secretary of State, nothing in the preceding provisions of this section shall prevent the tenancy from being a housing association tenancy or a secure tenancy and, accordingly, in such a case section 80 of the Housing Act 1985 (and any enactment which refers to that section) shall have effect without regard to the repeal of provisions of that section effected by this Act. (6) In subsection (5) above “housing association” and “housing trust” have the same meaning as in the Housing Act 1985.

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36 New restricted contracts limited to transitional cases.

(1) A tenancy or other contract entered into after the commencement of this Act cannot be a restricted contract for the purposes of the Rent Act 1977 unless it is entered into in pursuance of a contract made before the commencement of this Act. (2) If the terms of a restricted contract are varied after this Act comes into force then, subject to subsection (3) below,— (a) if the variation affects the amount of the rent which, under the contract, is payable for the dwelling in question, the contract shall be treated as a new contract entered into at the time of the variation (and subsection (1) above shall have effect accordingly); and (b) if the variation does not affect the amount of the rent which, under the contract, is so payable, nothing in this section shall affect the determination of the question whether the variation is such as to give rise to a new contract. (3) Any reference in subsection (2) above to a variation affecting the amount of the rent which, under a contract, is payable for a dwelling does not include a reference to— (a) a reduction or increase effected under section 78 of the Rent Act 1977 (power of appropriate tribunal); or (b) a variation which is made by the parties and has the effect of making the rent expressed to be payable under the contract the same as the rent for the dwelling which is entered in the register under section 79 of the Rent Act 1977. (4) In subsection (1) of section 81A of the Rent Act 1977 (cancellation of registration of rent relating to a restricted contract) paragraph (a) (no cancellation until two years have elapsed since the date of the entry) shall cease to have effect. (5) In this section “rent” has the same meaning as in Part V of the Rent Act 1977.

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37 No further assured tenancies under Housing Act 1980.

(1) A tenancy which is entered into on or after the commencement of this Act cannot be an assured tenancy for the purposes of sections 56 to 58 of the Housing Act 1980 (in this section referred to as a “1980 Act tenancy”). (2) In any case where— (a) before the commencement of this Act, a tenant under a 1980 Act tenancy made an application to the court under section 24 of the Landlord and Tenant Act 1954 (for the grant of a new tenancy), and (b) at the commencement of this Act the 1980 Act tenancy is continuing by virtue of that section or of any provision of Part IV of the said Act of 1954, section 1(3) of this Act shall not apply to the 1980 Act tenancy. (3) If, in a case falling within subsection (2) above, the court makes an order for the grant of a new tenancy under section 29 of the Landlord and Tenant Act 1954, that tenancy shall be an assured tenancy for the purposes of this Act. (4) In any case where— (a) before the commencement of this Act a contract was entered into for the grant of a 1980 Act tenancy, but (b) at the commencement of this Act the tenancy had not been granted, the contract shall have effect as a contract for the grant of an assured tenancy (within the meaning of this Act). (5) In relation to an assured tenancy falling within subsection (3) above or granted pursuant to a contract falling within subsection (4) above, Part I of Schedule 1 to this Act shall have effect as if it consisted only of paragraphs 11 and 12; and, if the landlord granting the tenancy is a fully mutual housing association, then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), the said paragraph 12 shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h). (6) Any reference in this section to a provision of the Landlord and Tenant Act 1954 is a reference only to that provision as applied by section 58 of the Housing Act 1980. (7) Nothing in this section that purports to grant an assured tenancy, or purports to grant a contract for the grant of an assured tenancy, applies to a dwelling-house in Wales (see section 240 of the Renting Homes (Wales) Act 2016 (anaw 1) for provision about the conversion of existing tenancies to occupation contracts, and section 241 for provision about pre-existing contracts).

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38 Transfer of existing tenancies from public to private sector.

(1) The provisions of subsection (3) below apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this Act if,— (a) at that commencement or, if it is later, at the time it is entered into, the interest of the landlord is held by a public body (within the meaning of subsection (5) below); and (b) at some time after that commencement, the interest of the landlord ceases to be so held. (2) The provisions of subsection (3) below also apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this Act if,— (a) at the commencement of this Act or, if it is later, at the time it is entered into, it is a housing association tenancy; and (b) at some time after that commencement, it ceases to be such a tenancy. (3) Subject to subsections (4) (4ZA), (4A), (4BA) and (4B), below on and after the time referred to in subsection (1)(b) or, as the case may be, subsection (2)(b) above— (a) the tenancy shall not be capable of being a protected tenancy, a protected occupancy or a housing association tenancy; (b) the tenancy shall not be capable of being a secure tenancy unless (and only at a time when) the interest of the landlord under the tenancy is (or is again) held by a public body; and (c) paragraph 1 of Schedule 1 to this Act shall not apply in relation to it, and the question whether at any time thereafter it becomes (or remains) an assured tenancy shall be determined accordingly. (4) In relation to a tenancy under which, at the commencement of this Act or, if it is later, at the time the tenancy is entered into, the interest of the landlord is held by the Commission for the New Towns or a development corporation, within the meaning of section 80 of the Housing Act 1985 and which subsequently ceases to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981, subsections (1) and (3) above shall have effect as if any reference in subsection (1) above to the commencement of this Act were a reference to— (a) the date on which expires the period of two years beginning on the day this Act is passed; or (b) if the Secretary of State by order made by statutory instrument within that period so provides, such other date (whether earlier or later) as may be specified by the order for the purposes of this subsection. (4ZA) In relation to any time on or after the coming into force of this subsection, subsection (4) applies as if— (a) the references to the Commission for the New Towns were references to the new towns residuary body; (b) in the case of a disposal by the English new towns residuary body, the reference to section 37 of the New Towns Act 1981 were a reference to section 47 of the Housing and Regeneration Act 2008; and (c) in the case of a disposal by the Welsh new towns residuary body, the words “made pursuant to a direction under section 37 of the New Towns Act 1981” were omitted. (4A) Where, by virtue of a disposal falling within subsection (4) above and made before the date which has effect by virtue of paragraph (a) or paragraph (b) of that subsection, the interest of the landlord under a tenancy passes to a private registered provider of social housing or a registered social landlord (within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act)), then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy or a secure contract and to be capable of being a housing association tenancy. (4B) Where, by virtue of a disposal by the Secretary of State made in the exercise by him of functions under Part III of the Housing Associations Act 1985, the interest of the landlord under a secure tenancy or a secure contract passes to a registered social landlord (within the meaning of the Housing Act 1985) then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy or secure contract and to be capable of being a housing association tenancy. (4BA) The references in subsections (4A) and (4B) to a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made includes a reference to the new towns residuary body. (5) For the purposes of this section, the interest of a landlord under a tenancy is held by a public body at a time when— (a) it belongs to a local authority, a development corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 or to the English new towns residuary body; or (aa) it belongs to a Mayoral development corporation; or (b) it belongs to a housing action trust established under Part III of this Act; or (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) it belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department. (5A) In this section “ new towns residuary body ” means— (a) in relation to times before the coming into force of this subsection, the Commission for the New Towns; and (b) in relation to other times— (i) in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions (and any reference to the English new towns residuary body shall be construed accordingly); and (ii) in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981 (and any reference to the Welsh new towns residuary body shall be construed accordingly). (6) In this section— (a) “housing association tenancy” means a tenancy to which Part VI of the Rent Act 1977 applies; (b) “protected tenancy” has the same meaning as in that Act; and (c) “protected occupancy” has the same meaning as in the Rent (Agriculture) Act 1976.

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39 Statutory tenants: succession.

(1) In section 2(1)(b) of the Rent Act 1977 (which introduces the provisions of Part I of Schedule 1 to that Act relating to statutory tenants by succession) after the words “statutory tenant of a dwelling-house” there shall be inserted “or, as the case may be, is entitled to an assured tenancy of a dwelling-house by succession”. (2) Where the person who is the original tenant, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in Part I of Schedule 4 to this Act. (3) Where subsection (2) above does not apply but the person who is the first successor, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in paragraphs 5 to 9 of Part I of Schedule 4 to this Act. (4) In any case where the original occupier, within the meaning of section 4 of the Rent (Agriculture) Act 1976 (statutory tenants and tenancies) dies after the commencement of this Act, that section shall have effect subject to the amendments in Part II of Schedule 4 to this Act. (5) In any case where, by virtue of any provision of— (a) Part I of Schedule 1 to the Rent Act 1977, as amended in accordance with subsection (2) or subsection (3) above, or (b) section 4 of the Rent (Agriculture) Act 1976, as amended in accordance with subsection (4) above, a person (in the following provisions of this section referred to as “the successor”) becomes entitled to an assured tenancy of a dwelling-house by succession, that tenancy shall be a periodic tenancy arising by virtue of this section. (6) Where, by virtue of subsection (5) above, the successor becomes entitled to an assured periodic tenancy, that tenancy is one— (a) taking effect in possession immediately after the death of the protected or statutory tenant or protected occupier (in the following provisions of this section referred to as “the predecessor”) on whose death the successor became so entitled; (b) deemed to have been granted to the successor by the person who, immediately before the death of the predecessor, was the landlord of the predecessor under his tenancy; (c) under which the premises which are let are the same dwelling-house as, immediately before his death, the predecessor occupied under his tenancy; (d) under which the periods of the tenancy are the same as those for which rent was last payable by the predecessor under his tenancy (but this is subject to section 4A); (e) under which, subject to sections 13 to 15 sections 13 to 16B above, the other terms are the same as those on which, under his tenancy, the predecessor occupied the dwelling-house immediately before his death; and (f) which, for the purposes of section 13(2) above, is treated as a statutory periodic tenancy; and in paragraphs (b) to (e) above “under his tenancy”, in relation to the predecessor, means under his protected tenancy or protected occupancy or in his capacity as a statutory tenant. (7) If, immediately before the death of the predecessor, the landlord might have recovered possession of the dwelling-house under Case 19 in Schedule 15 to the Rent Act 1977, the assured periodic tenancy to which the successor becomes entitled shall be an assured shorthold tenancy (whether or not , in the case of a tenancy to which the provision applies it fulfils the conditions in section 20(1) above). (8) If, immediately before his death, the predecessor was a protected occupier or statutory tenant within the meaning of the Rent (Agriculture) Act 1976, the assured periodic tenancy to which the successor becomes entitled shall be an assured agricultural occupancy (whether or not it fulfils the conditions in section 24(1) above) ; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled. (9) Where, immediately before his death, the predecessor was a tenant under a fixed term tenancy, section 6 above shall apply in relation to the assured periodic tenancy to which the successor becomes entitled on the predecessor’s death subject to the following modifications— (a) for any reference to a statutory periodic tenancy there shall be substituted a reference to the assured periodic tenancy to which the successor becomes so entitled; (b) in subsection (1) of that section, paragraph (a) shall be omitted and the reference in paragraph (b) to section 5(3)(e) above shall be construed as a reference to subsection (6)(e) above; and (c) for any reference to the coming to an end of the former tenancy there shall be substituted a reference to the date of the predecessor’s death. (9) Where, immediately before the predecessor’s death, the predecessor was a tenant under a fixed term tenancy (the “former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor’s death (the “new tenancy”)— (a) not later than the first anniversary of the date of the predecessor’s death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)— (i) proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the “implied terms”), and (ii) if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms; (b) where a notice of variation has been served under paragraph (a)— (i) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and (ii) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed; (c) where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy— (i) which begins on the date of the predecessor’s death, and (ii) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal’s consideration; (d) whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined; (e) in making a determination underparagraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant; (f) where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct— (i) the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and (ii) the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal; but for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation; (g) nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end. (10) If and so long as a dwelling-house is subject to an assured tenancy to which the successor has become entitled by succession, section 7 above and Schedule 2 to this Act shall have effect subject to the modifications in Part III of Schedule 4 to this Act; and in that Part “the predecessor” and “the successor” have the same meaning as in this section.

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