Office of Public Sector Information

13 Landlord’s application for possession

(1)Where a landlord’s notice to resume possession has been served and either—

(a)the tenant elects to retain possession, or

(b)at the end of the period of two months after the service of the landlord’s notice the qualifying condition is fulfilled as respects the tenancy,

the landlord may apply to the court for an order under this section on such of the grounds mentioned in the last foregoing section as may be specified in the notice:

Provided that the application shall not be made later than two months after the tenant elects to retain possession, or, if he has not elected to retain possession, later than four months after the service of the notice.

(2)Where the ground or one of the grounds for claiming possession specified in the landlord’s notice was that mentioned in paragraph (a) of subsection (1) of the last foregoing section, then if on such an application the court is satisfied that the landlord has established that ground as respects premises specified in the application, and is further satisfied,—

(a)that on the said ground possession of the specified premises will be required by the landlord on the termination of the tenancy; and

(b)that the landlord has made such preparations (including the obtaining, or, if that is not reasonably practicable in the circumstances, preparations relating to the obtaining, of any requisite permission or consent, whether from any authority whose permission or consent is required under any enactment or from the owner of any interest in any property) for proceeding with the redevelopment as are reasonable in the circumstances,

the court shall order that the tenant shall, on the termination of the tenancy, give up possession of all the property then comprised in the tenancy.

(3)Where in a case falling within the last foregoing subsection the court is not satisfied as therein mentioned, but would be satisfied if the date of termination of the tenancy had been such date (in this subsection referred to as “the postponed date”) as the court may determine, being a date later, but not more than one year later, than the date of termination specified in the landlord’s notice, the court shall, if the landlord so requires, make an order specifying the postponed date and otherwise to the following effect, that is to say:—

(a)that the tenancy shall not come to an end on the date of termination specified in the landlord’s notice but shall continue thereafter, as respects the whole of the property comprised therein, at the same rent and in other respects on the same terms as before that date;

(b)that unless the tenancy comes to an end before the postponed date, the tenant shall on that date give up possession of all the property then comprised in the tenancy.

(4)Where the ground or one of the grounds for claiming possession specified in the landlord’s notice was one mentioned in the Third Schedule to this Act, then if on an application made in accordance with subsection (1) of this section the court is satisfied that the landlord has established that ground and that it is reasonable that the landlord should be granted possession, the court shall order that the tenant shall, on the termination of the tenancy, give up possession of all the property then comprised in the tenancy.

(5)Nothing in the foregoing provisions of this section shall prejudice any power of the tenant under section five of this Act to terminate the tenancy; and subsection (2) of that section shall apply where the tenancy is continued by an order under subsection (3) of this section as it applies where the tenancy is continued by virtue of section three of this Act.

14 Provisions where tenant not ordered to give up possession

(1)The provisions of this section shall have effect where in a case falling within paragraph (a) or (b) of subsection (1) of the last foregoing section the landlord does not obtain an order under the last foregoing section.

(2)If at the expiration of the period within which an application under the last foregoing section may be made the landlord has not made such an application, the landlord’s notice, and anything done in pursuance thereof, shall thereupon cease to have effect.

(3)If before the expiration of the said period the landlord has made an application under the last foregoing section, but the result of the application, at the time when it is finally disposed of, is that no order is made, the landlord’s notice shall cease to have effect; but if within one month after the application to the court is finally disposed of the landlord gives a landlord’s notice proposing a statutory tenancy, the earliest date which may be specified therein as the date of termination shall, notwithstanding anything in subsection (2) of section four of this Act, be the expiration of three months from the giving of the subsequent notice.

(4)The reference in the last foregoing subsection to the time at which an application is finally disposed of shall be construed as a reference to the earliest time at which the proceedings on the application (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 the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the time of withdrawal or abandonment.

(5)A landlord’s notice to resume possession may be withdrawn at any time by notice in writing served on the tenant (without prejudice, however, to the power of the court to make an order as to costs if the notice is withdrawn after the landlord has made an application under the last foregoing section); and if within one month of the withdrawal of a landlord’s notice to resume possession the landlord gives a landlord’s notice proposing a statutory tenancy, the earliest date which may be specified therein as the date of termination shall, notwithstanding anything in subsection (2) of section four of this Act, be the expiration of three months from the giving of the subsequent notice or six months from the giving of the withdrawn notice, whichever is the later.

(6)Where by virtue of subsection (3) or (5) of this section the landlord gives a landlord’s notice proposing a statutory tenancy which specifies as the date of termination a date earlier than six months after the giving of the notice, subsection (2) of section seven of this Act shall apply in relation to the notice with the substitution, for references to the period of two months ending with the date of termination specified in the notice and the beginning of that period, of references to the period of three months beginning with the giving of the notice and the end of that period.

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

General and supplementary provisions

16 Relief for tenant where landlord proceeding to enforce covenants

(1)The provisions of the next following subsection shall have effect where, in the case of a tenancy to which section one of this Act applies,—

(a)the immediate landlord has brought proceedings to enforce a right of re-entry or forfeiture or a right to damages in respect of a failure to comply with any terms of the tenancy,

(b)the tenant has made application in the proceedings for relief under this section, and

(c)the court makes an order for the recovery from the tenant of possession of the property comprised in the tenancy or for the payment by the tenant of such damages as aforesaid, and the order is made at a time earlier than seven months before the term date of the tenancy.

(2)The operation of the order shall be suspended for a period of fourteen days from the making thereof, and if before the end of that period the tenant gives notice in writing to the immediate landlord that he desires that the provisions of the two following paragraphs shall have effect, and lodges a copy of the notice in the court,—

(a)the order shall not have effect except if and in so far as it provides for the payment of costs, and

(b)the tenancy shall thereafter have effect, and this Part of this Act shall have effect in relation thereto, as if it had been granted for a term expiring at the expiration of seven months from the making of the order.

(3)In any case falling within paragraphs (a) and (b) of subsection (1) of this section, the court shall not make any such order as is mentioned in paragraph (c) thereof unless the time of the making of the order falls earlier than seven months before the term date of the tenancy:

Provided that (without prejudice to section ten of this Act) this subsection shall not prevent the making of an order for the payment of damages in respect of a failure, as respects any premises, to comply with the terms of a tenancy if, at the time when the order is made, the tenancy has come to an end as respects those premises.

(4)The foregoing provisions of this section shall not have effect in relation to a failure to comply with—

(a)any term of a tenancy as to payment of rent or rates or as to insuring or keeping insured any premises, or

(b)any term restricting the use of any premises for immoral or illegal purposes.

(5)References in this section to proceedings to enforce a right to damages in respect of a failure to comply with any terms of a tenancy shall be construed as including references to proceedings for recovery from the tenant of expenditure incurred by or recovered from the immediate landlord in consequence of such a failure on the part of the tenant.

(6)Nothing in the foregoing provisions of this section shall prejudice any right to apply for relief under any other enactment.

(7)Subsection (3) of section two of this Act shall not have effect in relation to this section.

17 Prohibition of agreements excluding Part I

The provisions of this Part of this Act shall have effect notwithstanding any agreement to the contrary:

18 Duty of tenants of residential property to give information to landlords or superior landlords

(1)Where the property comprised in a long tenancy [F1at a low rent] is or includes residential premises, then at any time during the last two years of the term of the tenancy, or (if the tenancy is being continued after the term date by subsection (1) of section three of this Act) at any time while the tenancy is being so continued, the immediate landlord or any superior landlord may give to the tenant or any sub-tenant of premises comprised in the long tenancy a notice in the prescribed form requiring him to notify the landlord or superior landlord, as the case may be,—

(a)whether the interest of the person to whom the notice is given has effect subject to any sub-tenancy on which that interest is immediately expectant and, if so,

(b)what premises are comprised in the sub-tenancy, for what term it has effect (or, if it is terminable by notice, by what notice it can be terminated), what is the rent payable thereunder, who is the sub-tenant and (to the best of the knowledge and belief of the person to whom the notice is given) whether the sub-tenant is in occupation of the premises comprised in the sub-tenancy or any part of those premises and, if not, what is the sub-tenant’s address,

and it shall be the duty of the person to whom such a notice is given to comply therewith within one month of the giving of the notice.

(2)In this section the expression “residential premises” means premises normally used, or adapted for use, as one or more dwellings, the expression “sub-tenant” in relation to a long tenancy means the owner of a tenancy created (whether immediately or derivatively) out of the long tenancy and includes a person retaining possession of any premises by virtue of the [F2Rent Act] after the coming to an end of a sub-tenancy, and the expression “sub-tenancy” includes a right so to retain possession.

19 Application of Part I to tenancies granted in continuation of long tenancies

(1)Where on the coming to an end of a tenancy [F1at a low rent] the person who was tenant thereunder immediately before the coming to an end thereof becomes (whether by grant or by implication of law) tenant of the whole or any part of the property comprised therein under another tenancy [F1at a low rent], then if the first tenancy was a long tenancy or is deemed by virtue of this subsection to have been a long tenancy . . . F2 the second tenancy shall be deemed for the purposes of this Part of this Act to be a long tenancy irrespective of its terms.

(2)In relation to a tenancy from year to year or other tenancy not granted for a term of years certain, being a tenancy which by virtue of the last foregoing subsection is to be deemed to be a long tenancy, this Part of this Act shall have effect subject to the modifications set out in the Fourth Schedule to this Act.

20 Assumptions on which court to determine future questions

Where under this Part of this Act any question falls to be determined by the court by reference to the circumstances at a future date, the court shall have regard to all rights, interests and obligations under or relating to the tenancy as they subsist at the time of the determination and to all relevant circumstances as they then subsist and shall assume, except in so far as the contrary is shown, that those rights, interests, obligations and circumstances will continue to subsist unchanged until the said future date.

21 Meaning of “the landlord” in Part I and provisions as to mesne landlords, etc

(1)Subject to the provisions of this section, in this Part of this Act the expression “the landlord”, in relation to a tenancy (in this section referred to as “the relevant tenancy”), means the person (whether or not he is the immediate landlord) who is the owner of that interest in the property comprised in the relevant tenancy which for the time being fulfils the following conditions, that is to say—

(a)that it is an interest in reversion expectant (whether immediately or not) on the termination of the relevant tenancy, and

(b)that it is either the fee simple or a tenancy the duration of which is at least five years longer than that of the relevant tenancy,

and is not itself in reversion expectant (whether immediately or not) on an interest which fulfils those conditions.

(2)References in this Part of this Act to a notice to quit given by the landlord are references to a notice to quit given by the immediate landlord.

(3)For the purposes of subsection (1) of this section the question whether a tenancy (hereinafter referred to as “the superior tenancy”) is to be treated as having a duration at least five years longer than that of the relevant tenancy shall be determined as follows:—

(a)if the term date of the relevant tenancy has not passed, the superior tenancy shall be so treated unless it is due to expire at a time earlier than five years after the term date or can be brought to an end at such a time by notice to quit given by the landlord;

(b)if the term date of the relevant tenancy has passed, the superior tenancy shall be so treated unless it is due to expire within five years or can be brought to an end within five years by notice to quit given by the landlord.

(4)In relation to the premises constituting the dwelling-house where the [F1Rent Act applies] by virtue of subsection (1) of section six of this Act, the expression “the landlord”, as respects any time falling within the period of the statutory tenancy, means the person who as respects those premises is the landlord of the tenant for the purposes of the [F1Rent Act]:

Provided that in relation to the carrying out of initial repairs, and to any payment for accrued tenant’s repairs, the said expression, as respects any time falling within that period, means the person whose interest in the dwelling-house fulfils the following conditions, that is to say:—

(a)that it is not due to expire within five years and is not capable of being brought to an end within five years by notice to quit given by the landlord, and

(b)that it is not itself in reversion expectant on an interest which is not due to expire or capable of being brought to an end as aforesaid.

(5)The provisions of the Fifth Schedule to this Act shall have effect for the application of this Part of this Act to cases where the immediate landlord of the tenant is not the owner of the fee simple in respect of the premises in question.

(6)Notwithstanding anything in subsection (1) of this section, if at any time the interest which apart from this subsection would be the interest of the landlord is an interest not bound by this Part of this Act and is not the interest of the immediate landlord, then as respects that time the expression “the landlord” means in this Part of this Act (subject to the provisions of subsection (2) of this section) the person (whether or not he is the immediate landlord) who has the interest in the property comprised in the relevant tenancy immediately derived out of the interest not bound by this Part of this Act.

• [F2In this subsection “interest not bound by this Part of this Act” means an interest which belongs to Her Majesty in right of the Crown and is not under the management of the Crown Estate Commissioners or an interest belonging to a government department or held on behalf of Her Majesty for the purposes of a government department.]

22 Interpretation of Part I

(1)In this Part of this Act:—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• “date of termination” has the meaning assigned to it by subsection (1) of section four of this Act;

• “the dwelling-house” has the meaning assigned to it by subsection (3) of section six of this Act;

• “election to retain possession” has the meaning assigned to it by subsection (6) of section four of this Act;

• “former tenancy” has the meaning assigned to it by subsection (1) of section six of this Act;

• “initial repairs” has the meaning assigned to it by subsection (1) of section eight of this Act;

• “the landlord” has the meaning assigned to it by the last foregoing section;

• “landlord’s notice proposing a statutory tenancy” and “landlord’s notice to resume possession” have the meanings assigned to them respectively by subsection (5) of section four of this Act;

• “long tenancy” has the meaning assigned to it by subsection (4) of section two of this Act;

• “order” includes judgment;

• “payment for accrued tenant’s repairs” has the meaning assigned to it by subsection (1) of section eight of this Act;

• “the period of the statutory tenancy” has the meaning assigned to it by subsection (6) of section seven of this Act;

• “premises qualifying for protection” has the meaning assigned to it by subsection (3) of section three of this Act;

• “qualifying condition” has the meaning assigned to it by subsection (1) of section two of this Act;

• [F2“the Rent Act” means [F3the M1Rent Act 1977] as it applies to regulated tenancies but exclusive of [F3Parts II to V] thereof;]

• “tenancy at a low rent” has the meaning assigned to it by subsection (5) of section two of this Act;

• “term date” has the meaning assigned to it by subsection (6) of section two of this Act.

(2)In relation to the premises constituting the dwelling-house the expression “the tenant” in this Part of this Act means the tenant under the former tenancy and, except as respects any payment for accrued tenant’s repairs not payable by instalments, includes any successor to his statutory tenancy, and the expression “successor to his statutory tenancy”, in relation to that tenant, means a person who after that tenant’s death retains possession of the dwelling-house by virtue of the [F4Rent Act].

(3)In determining, for the purposes of any provision of this Part of this Act, whether the property comprised in a tenancy, or any part of that property, was let as a separate dwelling, the nature of the property or part at the time of the creation of the tenancy shall be deemed to have been the same as its nature at the time in relation to which the question arises, and the purpose for which it was let under the tenancy shall be deemed to have been the same as the purpose for which it is or was used at the last-mentioned time.