PART I continued
(1)A tenancy . . . F1 shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing association falling within subsection (3) below; nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to such a housing association.
(2)A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to—
(a)the Housing Corporation
F2. . .; or
(b)a housing trust which is a charity within the meaning of [F3the Charities Act 1993];
nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to any of those bodies.
[F4(3)A housing association falls within this subsection if—
(a)it is [F5a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act)], or
(b)it is a co-operative housing association within the meaning of [F6the Housing Associations Act 1985].]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
[F8(5)In subsection (2) above “housing trust” means a corporation or body of persons which—
(a)is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation; or
(b)is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.]
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
F1Words repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 74, Sch. 9, Sch. 25 Pt. II para. 68, Sch. 26
F2It is provided that the words “(aa) Housing for Wales” are repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2));S.I. 1998/2244, art. 5
F3Words in s. 15(2)(b) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1) Sch. 6 para. 30
F4S. 15(3) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(2)
F5Words in s. 15(3)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 6(a)
F6Words in s. 15(3)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 6(b)
F7S. 15(4) repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 74, Sch. 9, Sch. 25 Pt. II para. 68, Sch. 26
F8S. 15(5) substituted by Housing Act 1980 (c. 51, SIF 61), s. 74(2)(3), Sch. 9
F9S. 15(6) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26
C1S. 15 excluded by Housing Act 1985 (c. 68, SIF 61), s. 382(3)
A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing co-operative, [F1within the meaning of section 27B of the Housing Act 1985 (agreements with housing co-operatives under certain superseded provisions) and the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section].
F1Words substituted by virtue of Housing and Planning Act 1986 (c. 63, SIF 75:3), s. 24(1)(2), Sch. 5 para. 15
C1S. 16 excluded by Housing Act 1985 (c. 68, SIF 61), s. 382(3)
F1S. 16A inserted with saving by Housing Act 1980 (c. 51, SIF 61), s. 56(5)–(7) and repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 18, Note 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F1Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4( g)–( i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26
(1)Subject to sections 24(3) and 143 of this Act, a “regulated tenancy” is, for the purposes of this Act, a protected or statutory tenancy . . . F1
(2)Where a regulated tenancy is followed by a statutory tenancy of the same dwelling-house, the two shall be treated for the purposes of this Act as together constituting one regulated tenancy.
(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26
F2Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4( g)–( i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26
Schedule 17 to this Act applies for the purpose of modifying the provisions of this Act in relation to a tenancy Which, by virtue of any of the following enactments, was converted from a controlled tenancy into a regulated tenancy, that is to say—
section 18(3) of this Act;
paragraph 5 of Schedule 2 to the M1 Rent Act 1968 (which was superseded by section 18(3));
Part VIII of this Act;
Part 111 of the Housing Finance Act 1972 (which was superseded by Part VIII);
Part IV of the Act of 1972 (conversion by reference to rateable values);
section 64 of the Housing Act 1980 (conversion of remaining controlled tenancies into regulated tenancies).]
F1S. 18A inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 35
M1 1968 c. 23.
F1Ss. 19–21 repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 18, Note 1
(1)Where a tenant has the exclusive occupation of any accommodation (“the separate accommodation”) and—
(a)the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (“the shared accommodation”) in common with another person or other persons, not being or including the landlord, and
(b)by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a dwelling-house let on or subject to a protected or statutory tenancy,
the separate accommodation shall be deemed to be a dwelling-house let on a protected tenancy or, as the case may be, subject to a statutory tenancy and the following provisions of this section shall have effect.
(2)For the avoidance of doubt it is hereby declared that where, for the purpose of determining the rateable value of the separate accommodation, it is necessary to make an apportionment under this Act, regard is to be had to the circumstances mentioned in subsection (1)(a) above.
(3)While the tenant is in possession of the separate accommodation (whether as a protected or statutory tenant), any term or condition of the contract of tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.
(4)Where the terms and conditions of the contract of tenancy are such that at any time during the tenancy the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied, or their number could be increased, nothing in subsection (3) above shall prevent those terms and conditions from having effect so far as they relate to any such variation or increase.
(5)Without prejudice to the enforcement of any order made under subsection (6) below, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 98(1) of this Act shall apply accordingly.
(6)On the application of the landlord, the county court may make such order either—
(a)terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation, or
(b)modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation, or otherwise,
as the court thinks just.
(7)No order shall be made under subsection (6) above so as to effect any termination or modification of the rights of the tenant which, apart from subsection (3) above, could not be effected by or under the terms of the contract of tenancy.
(8)In this section “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is (or, if the tenancy has ended, was) sufficient, apart from this section, to prevent the tenancy from constituting a protected tenancy of a dwelling-house.
(1)Where the tenant of any premises, consisting of a house or part of a house, has sublet a part but not the whole of the premises, then, as against his landlord or any superior landlord, no part of the premises shall be treated as not being a dwelling-house let on or subject to a protected or statutory tenancy by reason only that—
(a)the terms on which any person claiming under the tenant holds any part of the premises include the use of accommodation in common with other persons; or
(b)part of the premises is let to any such person at a rent which includes payments in respect of board or attendance.
(2)Nothing in this section shall affect the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any 2 such persons.
(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(3)A tenancy shall not be a regulated tenancy if it is a tenancy to which Part II of the M1Landlord and Tenant Act 1954 applies (but this provision is without prejudice to the application of any other provision of this Act to a sub-tenancy of any part of the premises comprised in such a tenancy).
F1Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4( g)–( i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26
M11954 c. 56.
(1)Except where this Act otherwise provides, the rateable value on any day of a dwelling-house shall be ascertained for the purposes of this Act as follows:—
(a)if the dwelling-house is a hereditament for which a rateable value is then shown in the valuation list, it shall be that rateable value;
(b)if the dwelling-house forms part only of such a hereditament or consists of or forms part of more than one such hereditament, its rateable value shall be taken to be such value as is found by a proper apportionment or aggregation of the rateable value or values so shown.
(2)Any question arising under this section as to the proper apportionment or aggregation of any value or values shall be determined by the county court, and the decision of the county court shall be final.
(3)In this Act “the appropriate day”—
(a)in relation to any dwelling-house which, on 23rd March 1965, was or formed part of a hereditament for which a rateable value was shown in the valuation list then in force, or consisted or formed part of more than one such hereditament, means that date, and
(b)in relation to any other dwelling-house, means the date on which such a value is or was first shown in the valuation list.
(4)Where, after the date which is the appropriate day in relation to any dwelling-house, the valuation list is altered so as to vary the rateable value of the hereditament of which the dwelling-house consists or forms part and the alteration has effect from a date not later than the appropriate day, the rateable value of the dwelling-house on the appropriate day shall be ascertained as if the value shown in the valuation list on the appropriate day had been the value shown in the list as altered.
(5)This section applies in relation to any other land as it applies in relation to a dwelling-house.
C1S. 25(1)(2)(4) applied (with modifications) (1.11.1993) by 1993 c. 28, s. 8(2)(c) (with ss. 94(2), 95); S.I. 1993/2134, arts. 2,5
(1)For the purposes of this Act, any land or premises let together with a dwelling-house shall, unless it consists of agricultural land exceeding 2 acres in extent, be treated as part of the dwelling-house.
(2)For the purposes of subsection (1) above “agricultural land” has the meaning set out in section 26(3)(a) of the M1General Rate Act 1967 (exclusion of agricultural land and premises from liability for rating).