HL Deb 11 November 1976 vol 377 cc754-9

Relevant licence

1. In this Act "relevant licence" means any licence for the exclusive occupation of a dwelling-house which—

  1. (a) if it were a tenancy, and
  2. (b) if the provisions of the Rent Act 1968 mentioned in paragraphs 3 and 4 below were modified as mentioned in those paragraphs,
would be a protected tenancy for the purposes of that Act.

Relevant tenancy

2. In this Act "relevant tenancy" means any tenancy of a dwelling-house which—

  1. (a) is not a protected tenancy for the purposes of the Rent Act 1968, but
  2. (b) would be such a tenancy if the provisions of that Act mentioned in paragraphs 3 and 4 below were modified as mentioned in those paragraphs,
other than a tenancy to which Part I or Part II of the Landlord and Tenant Act 1954 applies and a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1948.

Supplemental

3.—(1) Section 2 of the Rent Act 1968(tenancies expected from the definition of "protected tenancy") is modified as follows.

(2) In subsection (1) omit paragraph (a) (tenancy at a low rent) and paragraph (d) (tenancy of a dwelling-house comprised in any agricultural holding etc.).

(3) For paragraph (b) of subsection (1) (tenancy of a dwelling-house bona fide let at a rent which includes payments in respect of board or attendance) substitute the following paragraph— (b) it is a bona fide term of the tenancy that the landlord provides the tenant with board or attendance".

(4) For subsection (3) (payments in respect of attendance to form a substantial part of the whole rent) substitute the following sub-section— (3) For the avoidance of doubt it is hereby declared that meals provided in the course of a person's employment in agriculture do not constitute board for the purposes of subsection (1)(b) above; and a term that the landlord provides the tenant with attendance shall not be taken to be a bona fide term for those purposes unless, having regard to its value to the tenant, the attendance is substantial. 4.—(1) Section 102 of the Rent Act 1968 (tenant sharing accommodation with persons other than landlord) is modified as follows. (2) In subsection (1)(separate accommodation deemed to be dwelling-house let on or subject to protected or statutory tenancy) immediately before the words "the separate accommodation", in the last place where they occur, insert the words "then, subject to subsection (1A) below" and for the words "the following provisions of this section" substitute the words "subsections (2) to (7) below". (3) After subsection (1) insert the following subsection— (1A) Subsections (1) above shall not apply in relation to accommodation which would, apart from this subsection, be deemed to be a dwelling-house subject to a protected tenancy if—

  1. (a) the accommodation consists of only one room, and
  2. b) at the time when the tenancy was granted, not less than three other rooms in the same building were occupied as residential accommodation by separate occupiers, or were available for such occupation, on such terms as are mentioned in subsection (1)(a) above.".

5. The other provisions of the Rent Act 1968 which are relevant for the purposes of the above definitions, and which are therefore also applied by this Schedule, include— section 1 (definition of "protected tenancy"); section 4 (no protected or statutory tenancy where landlord's interest belongs to Crown); section 5 (no protected or statutory tenancy where landlord's interest belongs to local authority, etc.); section 5A (no protected tenancy in certain cases where landlord's interest belongs to resident landlord); section 6 (rateable value and appropriate day); section 103 (certain sub-lettings not to exclude any part of sub-lessor's premises from protection).")

The noble Baroness said: My Lords, I have already spoken to Amendments 63, 64 and 65. I beg to move them en bloc.

Clause 37 [Isles of Scilly.]:

Lord PEART moved Amendment No. 66: Page 30, line 15, leave out ("Scilly Isles") and insert ("Isles of Scilly").

Clause 42 [Short title, etc.]:

Baroness BIRK moved Amendment No. 67:

Page 31, line 17, at end insert— ("() In Schedule 15 to the Rent Act 1968, the entry relating to section 75(3) of the Housing Act 1964 (which is superseded by paragraph 9 of Schedule 8 to this Act) is hereby repealed.")

The noble Baroness said: My Lords, this is a drafting Amendment. I beg to move.

Schedule 8 [Consequential and minor amendments.]:

Baroness BIRK moved Amendment No. 68:

Page 50, line 10, at end insert—

("Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c.65)

1. At the end of section 14(2) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 add the following words— or (c) is a dwelling-house which is subject to a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976.

2. At the end of section 18(3) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 add the following words— or (c) where the premises are a dwelling-house subject to a protected occupancy or statutory tenancy as defined in the Rent (Agriculture) Act 1976.".")

The noble Baroness said: My Lords, this is a minor consequential Amendment which amends the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. I beg to move.

Baroness BIRK moved Amendment No. 69: Page 51, line 28, leave out ("section 2(1) of") and insert ("Schedule 1A to")

The noble Baroness said: My Lords, I beg to move Amendment No. 69, which is consequential.

Baroness BIRK moved Amendment No. 70:

Page 52, leave out lines 11 to 13 and insert— ("12. In section 33(1) of the Rent Act 1965 (special provisions with respect to agricultural employees) for the words "section 17(1) of the Agricultural Wages Act 1948" substitute the words "section 1 of the Rent (Agriculture) Act 1976" and at the end of that subsection add the words "but is not a statutory tenant as defined in the said Act of 1976".")

The noble Baroness said: My Lords, I beg to move Amendment No. 70, which is self-explanatory.

8.22 p.m.

Baroness BIRK moved Amendment No.71:

Page 52, line 18, at end insert—

("Matrimonial Homes Act1967 (c.75)

13A. In section 7 of the Matrimonial Homes Act 1967 (provision for case where Rent Act applies and marriage is terminated by divorce etc.)— (a) in subsection (1) for the words "a protected tenancy or a statutory tenancy" substitute the words— (a) a protected tenancy or statutory tenancy within the meaning of the Rent Act 1968, or (b) a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976"; (b) in subsection (2) after the words "protected tenancy" insert the words "within the meaning of the Rent Act 1968"; (c) in subsection (3) after the words "statutory tenancy", in the first place where they occur, insert the words" within the meaning of the Rent Act 1968"; (d) after subsection (3) insert the following subsection— (3A) Where the spouse is entitled as aforesaid to occupy the dwelling-house by virtue of a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976, the court may by order direct that, as from the date on which the decree is made absolute, that spouse shall cease to be entitled to occupy the dwelling-house and that his or her former spouse shall be deemed to be the tenant or, as the case may be, the sole tenant under that statutory tenancy; and a spouse who is deemed as aforesaid to be the tenant under a statutory tenancy shall be (within the meaning of that Act) a statutory tenant in his own right, or a statutory tenant by succession, according as his or her former spouse was a statutory tenant in his own right, or a statutory tenant by succession."; (e) for subsection (8) substitute the following subsection— (8) In this section— 'landlord' includes any person from time to time deriving title under the original landlord and also includes, in relation to any dwelling-house, any person other than the tenant who is, or but for Part II of the Rent Act 1968 or Part II of the Rent (Agriculture) Act 1976 would be, entitled to possession of the dwelling-house; 'tenancy' includes sub-tenancy."")

Baroness BIRK moved Amendment No. 72: Page 52, line 25, after ("sub-paragraph (2)") insert ("for the words subsection (3) "substitute the words" subsection (5) "and")

Baroness BIRK moved Amendments Nos. 73, 74 and 75 en bloc:

Page 53, line 50, leave out from ("premises '") to ("a") in line 51 and insert ("includes, if the sub-tenancy in question is").

Page 54, line 1, leave out ("includes").

Page 54, line 9, after ("(c)") insert ("if the sub-tenancy in question is a protected or statutory tenancy to which section 10A above applies").

Earl FERRERS moved Amendment No. 76: Page 55, leave out lines 28 to 33.

The noble Earl said: My Lords, this Amendment is consequential. I beg to move.

Baroness BIRK moved Amendment No.77:

Page 58, line 23, at end insert—

("Rent Act1974 (c.51) In section 13(2) of the Rent Act 1974 (effect on furnished sub-tenancy of determination of superior unfurnished tenancy) for the words "tenancy or statutory tenancy", in each place where they occur, substitute the words "statutorily protected tenancy" and after that subsection insert the following subsection— (3) In this section 'statutorily protected tenancy' has the same meaning as in the said section 18(2).".").

Schedule 9 [Transitional.]:

Baroness BIRK moved Amendments Nos. 78, 80 and 81 en bloc:

Page 59, line 6, leave out ("section 2(1) of") and insert ("Schedule 1A to").

Page 59, line 21, leave out ("section 2(1) of") and insert ("Schedule 1A to").

Page 59, line 28, leave out ("section 2(1) of") and insert ("Schedule 1A to").