SCHEDULE

HL Deb 19 November 1976 vol 377 cc1632-4

MEANING OF "RELEVANT LICENCE" AND "RELEVANT TENANCY"

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
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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 excepted 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 subsection$ (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 (IA) 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) Subsection (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 statuory 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-lesson's premises from protection)"

The Commons agreed to this Amendment and proposed the following, Amendments thereto:

36 Line 6, leave out ("for the exclusive occupation of a dwelling-house") and insert ("under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and")

37 Line 9, leave out from ("if") to end of line 11 and insert ("section 2 of the Rent Act 1968 (tenancies excepted from the definition of "protected tenancy") were modified as mentioned in paragraph 3 below")

38 Line 14, leave out ("of a dwelling-house") and insert ("under which a dwelling-house is let as a separate dwelling and")

39 Line 18, leave out from ("if") to end of line 20 and insert ("section 2 of that Act were modified as mentioned in paragraph 3 below")

40 Line 26, leave out from beginning to ("as") in line 27 and insert ("For the purposes of this Schedule the modifications of section 2 of the Rent Act 1968 are")

41 Line 47, leave out paragraph 4.

42 Line 80, leave out from beginning to end of line 81.

Baroness BIRK

My Lords, I beg to move that this House doth agree with the Commons in Amendments Nos. 35 to 42. I have already spoken to these Amendments when speaking to Amendments Nos. 27 and 28.

Moved, That the House do[...]h agree with the Commons in the said Amendments.— (Baroness Birk.)

On Question, Motion agreed to.