Office of Public Sector Information
PART IV continued
F1S. 61 repealed by Endowments and Glebe Measure 1976 (No. 4), Sch. 8
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1S. 62(1) repealed by Industrial Expansion Act 1968 (c. 32), Sch. 4
F2S. 62(2) repealed by House of Commons Disqualification Act 1957 (c. 20), Sch. 4 Pt. I
(1)Any jurisdiction conferred on the court by any provision of Part I of this Act shall be exercised by the county court.
(2)Any jurisdiction conferred on the court by any provision of Part II of this Act or conferred on the tribunal by Part I of the M1Landlord and Tenant Act 1927, shall, subject to the provisions of this section, be exercised,—[ F1by the High Court or a county court.]
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The following provisions shall have effect as respects transfer of proceedings from or to the High Court or the county court, that is to say—
(a)where an application is made to the one but by virtue of [F3an Order under section 1 of the Courts and Legal Services Act 1990] cannot be entertained except by the other, the application shall not be treated as improperly made but any proceedings thereon shall be transferred to the other court;
(b)any proceedings under the provisions of Part II of this Act or of Part I of the M2Landlord and Tenant Act 1927, which are pending before one of those courts may by order of that court made on the application of any person interested be transferred to the other court, if it appears to the court making the order that it is desirable that the proceedings and any proceedings before the other court should both be entertained by the other court.
(5)In any proceedings where in accordance with the foregoing provisions of this section the county court exercises jurisdiction the powers of the judge of summoning one or more assessors under [F4subsection (1) of section 91 of the M3County Courts Act 1959], may be exercised notwithstanding that no application is made in that behalf by any party to the proceedings.
(6)Where in any such proceedings an assessor is summoned by a judge under the said subsection (1),—
(a)he may, if so directed by the judge, inspect the land to which the proceedings relate without the judge and report to the judge in writing thereon;
(b)the judge may on consideration of the report and any observations of the parties thereon give such judgment or make such order in the proceedings as may be just;
(c)the remuneration of the assessor shall be at such rate as may be determined by the Lord Chancellor with the approval of the Treasury and shall be defrayed out of moneys provided by Parliament.
(7)In this section the expression “the holding”—
(a)in relation to proceedings under Part II of this Act, has the meaning assigned to it by subsection (3) of section twenty-three of this Act,
(b)in relation to proceedings under Part I of the Landlord and Tenant Act 1927, has the same meaning as in the said Part I.
F5(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Nothing in this section shall prejudice the operation of [F6section 41 of the County Courts Act 1984] (which relates to the removal into the High Court of proceedings commenced in a county court).
(10)In accordance with the foregoing provisions of this section, for section twenty-one of the Landlord and Tenant Act, 1927, there shall be substituted the following section—
The tribunal for the purposes of Part I of this Act shall be the court exercising jurisdiction in accordance with the provisions of section sixty-three of the Landlord and Tenant Act, 1954.”
F1In s. 63(2) by virtue of S.I. 1991/724, art. 2(8), Schedule, paras. (a)(b) are omitted and words substituted
F2S. 63(3) omitted by virtue of S.I. 1991/724, art. 2(8), Schedule
F3Words in s. 63(4)(a) substituted by S.I. 1991/724, art. 2(8), Schedule
F4Words substituted by virtue of County Courts Act 1959 (c. 22), s. 205(5)
F5S. 63(8) omitted by virtue of S.I. 1991/724, art. 2(8), Schedule
F6Words in s. 63(9) substituted by virtue of S.I. 1991/724, art. 2(8), Schedule
C1S. 63 applied by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 20(3), 21, 22
C2S. 63 amended by S.I. 1990/776, arts. 2(2), 4(1)(d)
C3S. 63(2) extended by S.I. 1991/724, art. 2(1)(d)
C4The text of s. 63(10) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M11927 c. 36.
M21927 c. 36.
M31959 c. 22.
(1)In any case where—
(a)a notice to terminate a tenancy has been given under Part I or Part II of this Act or a request for a new tenancy has been made under Part II thereof, and
(b)an application to the court has been made under the said Part I or the said Part II, as the case may be, and
(c)apart from this section the effect of the notice or request would be to terminate the tenancy before the expiration of the period of three months beginning with the date on which the application is finally disposed of,
the effect of the notice or request shall be to terminate the tenancy at the expiration of the said period of three months and not at any other time.
(2)The reference in paragraph (c) of subsection (1) of this section to the date on which an application is finally disposed of shall be construed as a reference to the earliest date by 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 date of the withdrawal or abandonment.
(1)Where by virtue of any provision of this Act a tenancy (in this subsection referred to as “the inferior tenancy”) is continued for a period such as to extend to or beyond the end of the term of a superior tenancy, the superior tenancy shall, for the purposes of this Act and of any other enactment and of any rule of law, be deemed so long as it subsists to be an interest in reversion expectant upon the termination of the inferior tenancy and, if there is no intermediate tenancy, to be the interest in reversion immediately expectant upon the termination thereof.
(2)In the case of a tenancy continuing by virtue of any provision of this Act after the coming to an end of the interest in reversion immediately expectant upon the termination thereof, subsection (1) of section one hundred and thirty-nine of the M1Law of Property Act 1925 (which relates to the effect of the extinguishment of a reversion) shall apply as if references in the said subsection (1) to the surrender or merger of the reversion included references to the coming to an end of the reversion for any reason other than surrender or merger.
(3)Where by virtue of any provision of this Act a tenancy (in this subsection referred to as “the continuing tenancy”) is continued beyond the beginning of a reversionary tenancy which was granted (whether before or after the commencement of this Act) so as to begin on or after the date on which apart from this Act the continuing tenancy would have come to an end, the reversionary tenancy shall have effect as if it had been granted subject to the continuing tenancy.
(4)Where by virtue of any provision of this Act a tenancy (in this subsection referred to as “the new tenancy”) is granted for a period beginning on the same date as a reversionary tenancy or for a period such as to extend beyond the beginning of the term of a reversionary tenancy, whether the reversionary tenancy in question was granted before or after the commencement of this Act, the reversionary tenancy shall have effect as if it had been granted subject to the new tenancy.
C1S. 65 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 20(4), 21, 22
M11925 c. 20.
(1)Any form of notice required by this Act to be prescribed shall be prescribed by regulations made by the Lord Chancellor by statutory instrument.
(2)Where the form of a notice to be served on persons of any description is to be prescribed for any of the purposes of this Act, the form to be prescribed shall include such an explanation of the relevant provisions of this Act as appears to the Lord Chancellor requisite for informing persons of that description of their rights and obligations under those provisions.
(3)Different forms of notice may be prescribed for the purposes of the operation of any provision of this Act in relation to different cases.
(4)Section twenty-three of the M1Landlord and Tenant Act 1927 (which relates to the service of notices) shall apply for the purposes of this Act.
(5)Any statutory instrument under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
C1S. 66 amended by Leasehold Reform Act 1967 (c. 88), s. 22(5)
C2S. 66(4) applied by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 20(5), 21, 22
M11927 c. 36.
Anything authorised or required by the provisions of this Act, other than subsection (2) or (3) of section forty, to be done at any time by, to or with the landlord, or a landlord of a specified description, shall, if at that time the interest of the landlord in question is subject to a mortgage and the mortgagee is in possession or a receiver appointed by the mortgagee or by the court is in receipt of the rents and profits, be deemed to be authorised or required to be done by, to or with the morgagee instead of that landlord.
C1S. 67 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 19(2), 21, 22
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)The transitional provisions set out in the Ninth Schedule to this Act shall have effect.
F1Ss. 45, 68(1), Sch. 7 repealed by Statute Law (Repeals) Act 1974 (c. 22), Pt. XI
C1Unreliable marginal note
(1)In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say:—
“agricultural holding” has the same meaning as in the [F1Agricultural Holdings Act 1986];
“development corporation” has the same meaning as in [F2the M1New Towns Act 1981];
[F3“farm business tenancy” has the same meaning as in the Agricultural Tenancies Act 1995;]
“local authority” [F4means any local authority within the meaning of the M2Town and Country Planning Act 1990, any National Park authority, the Broads Authority [F5, the London Fire and Emergency Planning Authority] or] . . . F6 a joint authority established by Part IV of the Local Government Act 1985;
“mortgage” includes a charge or lien and “mortgagor” and “mortgagee” shall be construed accordingly;
“notice to quit” means a notice to terminate a tenancy (whether a periodical tenancy or a tenancy for a term of years certain) given in accordance with the provisions (whether express or implied) of that tenancy;
“repairs” includes any work of maintenance, decoration or restoration, and references to repairing, to keeping or yielding up in repair and to state of repair shall be construed accordingly;
“statutory undertakers” has the same meaning as in [F7the Town and Country Planning Act 1971], F8. . .
“tenancy” means a tenancy created either immediately or derivatively out of the freehold, whether by a lease or underlease, by an agreement for a lease or underlease or by a tenancy agreement or in pursuance of any enactment (including this Act), but does not include a mortgage term or any interest arising in favour of a mortgagor by his attorning tenant to his mortgagee, and references to the granting of a tenancy and to demised property shall be construed accordingly;
“terms”, in relation to a tenancy, includes conditions.
(2)References in this Act to an agreement between the landlord and the tenant (except in section seventeen and subsections (1) and (2) of section thirty-eight thereof) shall be construed as references to an agreement in writing between them.
(3)References in this Act to an action for any relief shall be construed as including references to a claim for that relief by way of counterclaim in any proceedings.
F1Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 22
F2Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
F3Definition of "farm business tenancy" in s. 69(1) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 12 (with s. 37)
F4Words in s. 69(1) (definition of "local authority") substituted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 3 (with ss. 76, 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F5Words in s. 69(1) inserted (3.7.2000) by 1999 c. 29, s. 328, Sch. 29 Pt. I para. 1 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4
F6Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I
F7Words substituted by virtue of Town and Country Planning Act 1971 (c. 78), Sch. 24 para. 2
F8Words in s. 69(1) (definition of "statutory undertakers") repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 5, Sch. 11 Pt. II (with ss. 40(7), 66); S.I. 1994/2553, art. 2
C1S. 69(1) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4 (a)
C2Reference in the definition of “local authority” to the Town and Country Planning Act 1947 to be construed (24.8.1990) as mentioned in Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 2(4)
M11981 c. 64.
M21990 c. 8.
(1)This Act may be cited as the M1Landlord and Tenant Act 1954, and the Landlord and Tenant Act 1927, and this Act may be cited together as the Landlord and Tenant Acts 1927 and 1954.
(2)This Act shall come into operation on the first day of October, nineteen hundred and fifty-four.
(3)This Act shall not extend to Scotland or to Northern Ireland.
Landlord and Tenant Act 1954