Part I Rented Accommodation
Contents:
- Chapter I Assured Tenancies
- 1. Assured Tenancies
- 2. Letting of a dwelling-house togeather with other land
- 3. Tenant sharing accommodation with persons other than landlord
- 4. Certain sublettings not to exclude any part of sublessor's premises from assured tenancy
- 5. Security of tenure
- 6. Fixing of terms of statutory periodic tenancy
- 7. Orders for possession
- 8. Notice of proceedings for possession
- 8A. Additional notice requirements: ground of domestic violence
- 9. Extended discretion of court in possession claims
- 10. Special provisions applicable to shared accommodation1
- 11. Payment of removal expenses in certain cases
- 12. Compensation for misrepresentation or concealment
- 13. Increases of rent under assured periodic tenancies
- 14. Determination of rent by rent assessment committee
- 15. Limited prohibition on assignment etc. without consent
- 16. Access for repairs
- 17. Succession to assured periodic tenancy by spouse
- 18. Provisions as to reversions on assured tenancies
- 19. Restriction on levy of distress for rent
- 19A. Assured shorthold tenancies: post-Housing Act 1996 tenancies
- 20. Assured shorthold tenancies: pre-Housing Act 1996 tenancies
- 20A. Post-Housing Act 1996 tenancies: duty of land lord to provide statement as to terms of tenancy
- 21. Recovery of possession on expiry or termination of assured shorthold tenancy
- 22. Reference of excessive rents to rent assessment committee
- Chapter III Assured agricultural occupancies
This section is omitted from this page (not applicable to standard residential tenancies)
- Chapter V Phasing out of Rent Acts and other transitional provisions
This section is omitted from this page (not applicable to standard residential tenancies)
(1) A tenancy under which a dwelling-house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as -
(a) the tenant or, as the case may be, each of the joint tenants is an individual; and
(b) the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and
(c) the tenancy is not one which, by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy.
(2) Subject to subsection (3) below, if and so long as a tenancy falls within any paragraph in Part I of Schedule 1 to this Act, it cannot be an assured tenancy; and in that Schedule-
(a) "tenancy" means a tenancy under which a dwelling-house is let as a separate dwelling;
(b) Part II has effect for determining the rateable value of a dwelling-house for the purposes of Part I; and
(c) Part III has effect for supplementing paragraph 10 in Part I.
(2A) The Secretary of State may by order replace any amount referred to in paragraphs 2 and 3A of Schedule 1 to this Act by such amount as is specified in the order and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Except as provided in Chapter V below, at the commencement of this Act, a tenancy-
(a) under which a dwelling-house was then let as a separate dwelling, and
(b) which immediately before that commencement was anassured tenancy for the purposes of sections 56 to 58 of the Housing Act1980 (tenancies granted by approved bodies),shall become an assured tenancy for the purposes of this Act.
(4) In relation to an assured tenancy falling within subsection (3) above-
(a) Part I of Schedule 1 to this Act shall have effect, subject to subsection (5) below, as if it consisted only of paragraphs 11 and 12; and
(b) sections 56 to 58 of the Housing Act 1980 (and Schedule 5 to that Act) shall not apply after the commencement of this Act.
(5) In any case where -
(a) immediately before the commencement of this Act the landlord under a tenancy is a fully mutual housing association, and
(b) at the commencement of this Act the tenancy becomes an assured tenancy by virtue of subsection (3) above, then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), paragraph 12 of Schedule 1 to this Act shall have effect in relation to that tenancy with the omission of subparagraph (l)(h).
(6) If, in pursuance of its duty under -
(a) section 63 of the Housing Act 1985 (duty to house pending inquiries in case of apparent priority need),
(b) section 65(3) of that Act (duty to house temporarily person found to have priority need but to have become homeless intentionally), or
(c) section 68(1) of that Act (duty to house pending determination whether conditions for referral of application are satisfied), a local housing authority have made arrangements with another person to provide accommodation, a tenancy granted by that other person in pursuance of the arrangements to a person specified by the authority cannot be an assured tenancy before the expiry of the period of twelve months beginning with the date specified in subsection (7) below unless, before the expiry of that period, the tenant is notified by the landlord (or, in the case of joint landlords, at least one of them) that the tenancy is to be regarded an assured tenancy.
(7) The date referred to in subsection (6) above is the date on which the tenant received the notification required by section 64(1) of the Housing Act 1985 (notification of decision on question of homelessness or threatened homelessness) or, if he received a notification under section 68(3) of that Act (notification of which authority has duty to house), the date on which he received that notification.
2. Letting of a dwelling-house together with other land
(1) If, under a tenancy, a dwelling-house is let together with other land, then, for the purposes of this Part of this Act, -
(a) if and so long as the main purpose of the letting is the provision of a home for the tenant or, where there are joint tenants, at least one of them, the other land shall be treated as part of the dwelling-house; and
(b) if and so long as the main purpose of the letting is not as mentioned in paragraph (a) above, the tenancy shall be treated as not being one under which a dwelling-house is let as a separate dwelling.
(2) Nothing in subsection (1) above affects any question whether a tenancy is precluded from being an assured tenancy by virtue of any provision of Schedule I to this Act.
3. Tenant sharing accommodation with persons other than landlord
(1) Where a tenant has the exclusive occupation of any accommodation (in this section referred to as "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 (in this section referred to as "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 an assured tenancy, the separate accommodation shall be deemed to be a dwelling-house let on an assured 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 Part II of Schedule 1 to 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, any term of the 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 of the 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 from having effect so far as they relate to any such variation or increase.
(5) 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 sufficient, apart from this section, to prevent the tenancy from constituting an assured tenancy of a dwelling-house.
4. Certain sublettings not to exclude any part of sublessor's premises from assured tenancy
(1) Where the tenant of a dwelling-house has sublet a part but not the whole of the dwelling-house, then, as against his landlord or any superior landlord, no part of the dwelling-house shall be treated as excluded from being a dwelling-house let on an assured tenancy by reason only that the terms on which any person claiming under the tenant holds any part of the dwelling-house include the use of accommodation in common with other persons.
(2) Nothing in this section affects the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons.
(1) An assured tenancy cannot be brought to an end by the landlord except by obtaining an order of the court in accordance with the following provisions of this Chapter or Chapter II below or, in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power and, accordingly, the service by the landlord of a notice to quit shall be of no effect in relation to a periodic assured tenancy.
(2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of -
(a) an order of the court, or
(b) a surrender or other action on the part of the tenant, then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.
(3) The periodic tenancy referred to in subsection (2) above is one-
(a) taking effect in possession immediately on the coming to an end of the fixed term tenancy;
(b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;
(c) under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;
(d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and
(e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.
(4) The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy.
(5) If, on or before the date on which a tenancy is entered into or is deemed to have been granted as mentioned in subsection (3)(b) above, the person who is to be the tenant under that tenancy-
(a) enters into an obligation to do any act which (apart from this subsection) will cause the tenancy to come to an end at a time when it is an assured tenancy, or
(b) executes, signs or gives any surrender, notice to quit or other document which (apart from this subsection) has the effect of bringing the tenancy to an end at a time when it is an assured tenancy,
the obligation referred to in paragraph (a) above shall not be enforceable or, as the case may be, the surrender, notice to quit or other document referred to in paragraph (b) above shall be of no effect.
(6) If, by virtue of any provision of this Part of this Act, Part I of Schedule 1 to this Act has effect in relation to a fixed term tenancy as if it consisted only of paragraphs 11 and 12, that Part shall have the like effect in relation to any periodic tenancy which arises by virtue of this section on the coming to an end of the fixed term tenancy.
(7) Any reference in this Part of this Act to a statutory periodic tenancy is a reference to a periodic tenancy arising by virtue of this section.
6. Fixing of terms of statutory periodic tenancy
(1) In this section, in relation to a statutory periodic tenancy, -
(a) "the former tenancy" means the fixed term tenancy on the coming to an end of which the statutory periodic tenancy arises; and
(b) "the implied terms" means the terms of the tenancy which have effect by virtue of section 5(3)(e) above, other than terms as to the amount of the rent;
but nothing in the following provisions of this section applies to a statutory periodic tenancy at a time when, by virtue of paragraph 11 or paragraph 12 in Part 1 of Schedule 1 to this Act, it cannot be an assured tenancy.
(2) Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the landlord a notice in the prescribed form proposing terms of the statutory periodic tenancy different from the implied terms and, if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms.
(3) Where a notice has been served under subsection (2) above, -
(a) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to a rent assessment committee under subsection (4) below; and
(b) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in paragraph (a) above, as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed.
(4) Where a notice under subsection (2) above is referred to a rent assessment committee, the committee shall consider the terms proposed in the notice and shall determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the committee's opinion, might reasonably be expected to be found in an assured periodic tenancy of the dwelling-house concerned, being a tenancy -
(a) which begins on the coming to an end of the former tenancy; and
(b) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the statutory periodic tenancy at the time of the committee's consideration.
(5) Whether or not a notice under subsection (2) above proposes an adjustment of the amount of the rent under the statutory periodic tenancy, where a rent assessment committee determine any terms under subsection (4) above, they shall, if they consider it appropriate, specify such an adjustment to take account of the terms so determined.
(6) In making a determination under subsection (4) above, or specifying an adjustment of an amount of rent under subsection (5) above, there shall be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant.
(7) Where a notice under subsection (2) above is referred to a rent assessment committee, then, unless the landlord and the tenant otherwise agree, with effect from such date as the committee may direct -
(a) the terms determined by the committee shall become terms of the statutory periodic tenancy in substitution for any of the implied terms dealing with the same subject matter; and
(b) the amount of the rent under the statutory periodic tenancy shall be altered to accord with any adjustment specified by the committee;
but for the purposes of paragraph (b) above the committee shall not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice referred to them.
(8) Nothing in this section requires a rent assessment committee to continue with a determination under subsection (4) above if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.
(1) The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act; but nothing in this Part of this Act relates to proceedings for possession of such a dwelling-house which are brought by a mortgagee, within the meaning of the Law of Property Act 1925, who has lent money on the security of the assured tenancy.
(2) The following provisions of this section have effect, subject to section 8 below, in relation to proceedings for the recovery of possession of a dwelling-house let on an assured tenancy.
(3) If the court is satisfied that any of the grounds in Part I of Schedule 2 to this Act is established then, subject to subsections (5A) and (6) below, the court shall make an order for possession.
(4) If the court is satisfied that any of the grounds in Part II of Schedule 2 to this Act is established, then, subject to subsections (5A) and (6) below, the court may make an order for possession if it considers it reasonable to do so.
(5) Part III of Schedule 2 to this Act shall have effect for supplementing Ground 9 in that Schedule and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule.
(5A) The court shall not make an order for possession of a dwelling-house let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 on any of the following grounds, that is to say,-
(a) Grounds 1, 2 and 5 in Part I of Schedule 2 to this Act
(b) Ground 16 in Part II of that Schedule; and
(c) if the assured periodic tenancy arose on the termination of a former 1954 Act tenancy, within the meaning of the said Schedule 10, Ground 6 in Part I of Schedule 2
(6) The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless -
(a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and
(b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).
(7) Subject to the preceding provisions of this section, the court may make an order for possession of a dwelling-house on grounds relating to a fixed term tenancy which has come to an end; and where an order is made in such circumstances, any statutory periodic tenancy which has arisen on the ending of the fixed term tenancy shall end (without any notice and regardless of the period) on the day on which the order takes effect.
8. Notice of proceedings for possession
(1) The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless -
(a) the landlord or, in the case of joint landlords, at least one of them has served on the tenant a notice in accordance with this section and the proceedings are begun within the time-limits stated in the notice in accordance with subsections (3) to (4B) below; or
(b) the court considers it just and equitable to dispense with the requirement of such a notice.
(2) The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.
(3) A notice under this section is one in the prescribed form informing the tenant that-
(a) the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and
(b) those proceedings will not begin earlier than a date specified in the notice in accordance with subsections (4) to (4B) below; and
(c) those proceedings will not begin later than 12 months from the date of service of the notice.
(4) If a notice under this section specifies in accordance with subsection (3)(a) above, Ground 14 in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.
(4A) If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any grounds other than Ground 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than -
(a) two months from the date of service of the notice; and
(b) if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.
(4B) In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of two weeks from the date of the service of the notice.
(5) The court may not exercise the power conferred by subsection (1)(b) above if the landlord seeks to recover possession on Ground 8 in Schedule 2 to this Act.
(6) Where a notice under this section -
(a) is served at a time when the dwelling-house is let on a fixed term tenancy, or
(b) is served after a fixed term tenancy has come to an end but relates (in whole or in part) to events occurring during that tenancy,
the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory periodic tenancy arising on the coming to an end of the fixed term tenancy.
8A. Additional notice requirements: ground of domestic violence
(1) Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house, the court shall not entertain proceedings for possession of the dwelling-house unless -
(a) the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or
(b) the court considers it just and equitable to dispense with such requirements as to service.
(2) Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 with the leave of the court after proceedings for possession are begun and the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings, the court shall not continue to entertain the proceedings unless -
(a) the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or
(b) the court considers it just and equitable to dispense with the requirements of such a notice.
(3) A notice under this subsection shall -
(a) state that proceedings for the possession of the dwelling-house have begun,
(b) specify the ground or grounds on which possession is being sought, and
(c) give particulars of the ground or grounds.
9. Extended discretion of court in possession claims
(1) Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a dwelling-house let on an assured tenancy.
(2) On the making of an order for possession of a dwelling-house let on an assured tenancy or at any time before the execution of such an order, the court, subject to subsection (6) below, may -
(a) stay or suspend execution of the order, or
(b) postpone the date of possession, for such period or periods as the court thinks just.
(3) On any such adjournment as is referred to in subsection (1) above or on any such stay, suspension or postponement as is referred to in subsection (2) above, the court, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after the termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit.
(4) If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.
(5) In any case where -
(a) at a time when proceedings are brought for possession of a dwelling-house let on an assured tenancy, the tenant's spouse or former spouse, having matrimonial home rights under Part IV of the Family Law Act 1996, is in occupation of the dwelling-house, and
(b) the assured tenancy is terminated as a result of those proceedings,
the spouse or former spouse, so long as he or she remains in occupation, shall have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above, as he or she would have if those matrimonial home rights were not affected by the termination of the tenancy.
(5A) In any case where -
(a) at a time when proceedings are brought for possession of a dwelling-house let on an assured tenancy -
(i) an order is in force under section 35 of the Family Law Act 1996 conferring rights on the former spouse of the tenant or
(ii) an order is in force under section 36 of that Act conferring rights on a cohabitant or former cohabitant (within the meaning of that Act) of the tenant,
(b) that former spouse, cohabitant or former cohabitant is then in occupation of the dwelling-house, and
(c) the assured tenancy is terminated as a result of those proceedings
the cohabitant, former cohabitant or former spouse shall have the same rights in relation to, or in connection with, any such
adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in
subsection (2) above as he or she would have if the rights conferred by the order referred to in paragraph(a) above were not
affected by the termination of the tenancy.
(6) This section does not apply if the court is satisfied that the landlord is entitled to possession of the dwelling-house -
(a) on any of the grounds in Part I of Schedule 2 to this Act; or
(b) by virtue of subsection (1) or subsection (4) of section 21 below.
10. Special provisions applicable to shared accommodation
(1) This section applies in a case falling within subsection (1) of section 3 above and expressions used in this section have the same meaning as in that section.
(2) Without prejudice to the enforcement of any order made under subsection (3) 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 6 above shall have effect accordingly.
(3) On the application of the landlord, the court may make such order as it thinks just 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.
(4) No order shall be made under subsection (3) above so as to effect any termination or modification of the rights of the tenant which, apart from section 3(3) above, could not be effected by or under the terms of the tenancy.
11. Payment of removal expenses in certain cases
(1) Where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6 or Ground 9 in Schedule 2 to this Act (but not on any other ground), the landlord shall pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the dwelling-house.
(2) Any question as to the amount of the sum referred in subsection (1) above shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the court
(3) Any sum payable to a tenant by virtue of this section shall be recoverable as a civil debt due from the landlord
12. Compensation for misrepresentation or concealment
Where a landlord obtains an order for possession of a dwelling-house let on an assured tenancy on one or more of the grounds in Schedule 2 to this Act and it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order
13. Increases of rent under assured periodic tenancies
(1) This section applies to -
(a) a statutory periodic tenancy other than one which, by virtue of paragraph 11 or paragraph 12 in Part I of Schedule 1 to this Act, cannot for the time being be an assured tenancy; and
(b) any other periodic tenancy which is an assured tenancy, other than one in relation to which there is a provision, for the time being binding on the tenant, under which the rent for a particular period of the tenancy will or may be greater than the rent for an earlier period.
(2) For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than -
(a) the minimum period after the date of the service of the notice; and
(b) except in the case of a statutory periodic tenancy, the first anniversary of the date on which the first period of the tenancy began; and
(c) if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14 below, the first anniversary of the date on which the increased rent took effect.
(3) The minimum period referred to in subsection (2) above is -
(a) in the case of a yearly tenancy, six months;
(b) in the case of a tenancy where the period is less than a month, one month; and
(c) in any other case, a period equal to the period of the tenancy.
(4) Where a notice is served under subsection (2) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice, -
(a) the tenant by an application in the prescribed form refers the notice to a rent assessment committee; or
(b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.
(5) Nothing in this section (or in section 14 below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).
14. Determination of rent by rent assessment committee
(1) Where, under subsection (4)(a) of section 13 above, a tenant refers to a rent assessment committee a notice under subsection (2) of that section, the committee shall determine the rent at which, subject to subsections (2) and (4) below, the committee consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy-
(a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates;
(b) which begins at the beginning of the new period specified in the notice;
(c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and
(d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.
(2) In making a determination under this section there shall be disregarded -
(a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant;
(b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement -
(i) was carried out otherwise than in pursuance of an obligation to his immediate landlord, or
(ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and
(c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.
(3) For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1 ) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates or the following conditions are satisfied, namely-
(a) that it was carried out not more than 21 years before the date of service of the notice; and
(b) that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling-house has been let under an assured tenancy; and
(c) that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit.
(3A) In making a determination under this section in any case where under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a hereditament ("the relevant hereditament") of which the dwelling-house forms part, the rent assessment committee shall have regard to the amount of council tax which, as at the date on which the notice under section 13(2) above was served, was set by the billing authority -
(a) for the financial year in which that notice was served, and
(b) for the category of dwellings within which the relevant hereditament fell on that date,
but any discount or other reduction affecting the amount of council tax payable shall be disregarded.
(3B) In subsection (3A) above -
(a) "hereditament" means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,
(b) "billing authority" has the same meaning as in that Part of that Act, and
(c) "category of dwellings" has the same meaning as in section 30(1) and (2) of that Act.
(4) In this section "rent" does not include any service charge, within the meaning of section 18 of the Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture, in respect of council tax, or for any of the matters referred to in subsection (1)(a) of that section, whether or not those sums are separate from the sums payable for the occupation of the dwelling-house concerned or are payable under separate agreements.
(5) Where any rates in respect of the dwelling-house concerned are borne by the landlord or a superior landlord, the rent assessment committee shall make their determination under this section as if the rates were not so borne.
(6) In any case where -
(a) a rent assessment committee have before them at the same time the reference of a notice under section 6(2) above relating to a tenancy (in this subsection referred to as "the section 6 reference") and the reference of a notice under section 13(2) above relating to the same tenancy (in this subsection referred to as "the section 13 reference"), and
(b) the date specified in the notice under section 6(2) above is not later than the first day of the new period specified in the notice under section 13(2) above, and
(c) the committee propose to hear the two references together,
the committee shall make a determination in relation to the section 6 reference before making their determination in relation to the section 13 reference and, accordingly, in such a case the reference in subsection (1)(c) above to the terms of the tenancy to which the notice relates shall be construed as a reference to those terms as varied by virtue of the determination made in relation to the section 6 reference.
(7) Where a notice under section 13(2) above has been referred to a rent assessment committee, then, unless the landlord and the tenant otherwise agree, the rent determined by the committee (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the new period specified in the notice or, if it appears to the rent assessment committee that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent determined) as the committee may direct.
(8) Nothing in this section requires a rent assessment committee to continue with their determination of a rent for a dwelling-house if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.
(9) This section shall apply in relation to an assured shorthold tenancy as if in subsection (1) the reference to an assured tenancy were a reference to an assured shorthold tenancy.
15. Limited prohibition on assignment etc. without consent
(1) Subject to subsection (3) below, it shall be an implied term of every assured tenancy which is a periodic tenancy that, except with the consent of the landlord, the tenant shall not-
(a) assign the tenancy (in whole or in part); or
(b) sublet or part with possession of the whole or any part of the dwelling-house let on the tenancy.
(2) Section 19 of the Landlord and Tenant Act 1927 (consents to assign not to be unreasonably withheld etc.) shall not apply to a term which is implied into an assured tenancy by subsection (1) above.
(3) In the case of a periodic tenancy which is not a statutory periodic tenancy or an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 subsection (1) above does not apply if -
(a) there is a provision (whether contained in the tenancy or not) under which the tenant is prohibited (whether absolutely or conditionally) from assigning or subletting or parting with possession or is permitted (whether absolutely or conditionally) to assign, sublet or part with possession; or
(b) a premium is required to be paid on the grant or renewal of the tenancy.
(4) In subsection (3)(b) above "premium" includes -
(a) any fine or other like sum;
(b) any other pecuniary consideration in addition to rent; and
(c) any sum paid by way of deposit, other than one which does not exceed one-sixth of the annual rent payable under the tenancy immediately after the grant or renewal in question.
It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.
17. Succession to assured periodic tenancy by spouse
(1) In any case where -
(a) the sole tenant under an assured periodic tenancy dies, and
(b) immediately before the death, the tenant's spouse was occupying the dwelling-house as his or her only or principal home, and
(c) the tenant was not himself a successor, as defined in subsection (2) or subsection (3) below, then, on the death, the tenancy vests by virtue of this section in the spouse (and, accordingly, does not devolve under the tenant's will or intestacy).
(2) For the purposes of this section, a tenant is a successor in relation to a tenancy if
(a) the tenancy became vested in him either by virtue of this section or under the will or intestacy of a previous tenant; or
(b) at some time before the tenant's death the tenancy was a joint tenancy held by himself and one or more other persons and, prior to his death, he became the sole tenant by survivorship; or
(c) he became entitled to the tenancy as mentioned in section 39(5) below.
(3) For the purposes of this section, a tenant is also a successor in relation to a tenancy (in this subsection referred to as "the new tenancy") which was granted to him (alone or jointly with others) if -
(a) at some time before the grant of the new tenancy, he was, by virtue of subsection (2) above, a successor in relation to an earlier tenancy of the same or substantially the same dwelling-house as is let under the new tenancy; and
(b) at all times since he became such a successor he has been a tenant (alone or jointly with others) of the dwelling-house which is let under the new tenancy or of a dwelling-house which is substantially the same as that dwelling-house.
(4) For the purposes of this section, a person who was living with the tenant as his or her wife or husband shall be treated as the tenant's spouse.
(5) If, on the death of the tenant, there is, by virtue of subsection (4) above, more than one person who fulfils the condition in subsection (l)(b) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be treated as the tenant's spouse for the purposes of this section.
18. Provisions as to reversions on assured tenancies
(1) If at any time
(a) a dwelling house is for the time being lawfully let on an assured tenancy, and
(b) the landlord under the assured tenancy himself a tenant under a superior tenancy; and
(c) the superior tenancy comes to an end, then , subject to subsection (2) below, the assured tenancy shall continue in existence as a tenancy held of the person whose interest would, apart from the continuance of the assured tenancy , entitle him to actual passession of the dwelling-house at that time.
(2) Subsection (1) above does not apply to an assured tenancy if the interest which, by virtue of that subscription , would become that of the land lord, is such that, by virtue of Schedule 1 to this Act, the tenancy could not be an assured tenancy.
(3) Where, by virtue of any provision of this Part of this Act, an assured tenancy which is a periodic tenancy (including a statutory periodic tenancy) continues beyond the beginning of a reversionary tenancy which was granted (whether before, on of after the commencement of this Act) so as to begin on or after.
(a) the date on which, apart from any provision of this Part, the periodic tenancy could have been brought to an end by the landlord by notice to quit, the reversionary tenancy shall have effect as if it had been granted subject to the periodic tenancy.
(4) The reference in subsection (3) above to the previous contractual assured tenancy applies only where the periodic tenancy referred to in that subsection is a statutory periodic tenancy and is a reference to the fixed-term tenancy which immediately preceded the statutory periodic tenancy.
19. Restriction on levy of distress for rent
(1) Subject to subsection (2) below, no distress for the rent of any dwelling-house let on an assured tenancy shall be levied except with the leave of the county court; and, with respect to any application for such leave, the court shall have the same powers with respect to adjournment, stay, suspension, postponement and otherwise as are conferred by section 9 above in relation to proceedings for possession of such a dwelling-house.
(2) Nothing in subsection (1) above shall applies to distress levied under section 102 of the County Courts Act 1984.
Chapter II Assured Shorthold Tenancies
19A. Assured shorthold tenancies: post-Housing Act 1996 tenancies
An assured tenancy which -
(a) is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force (otherwise than pursuant to a contract made before that day), or
(b) comes into being by virtue of section 5 above on the coming to an end of an assured tenancy within paragraph (a) above,
is an assured shorthold tenancy unless it falls within any paragraph in Schedule 2A to this Act.
20. Assured shorthold tenancies: pre-Housing Act 1996 tenancies
(1) Subject to subsection (3) below, an assured tenancy which is not one to which section 19A above applies is an assured shorthold tenancy if -
(a) it is a fixed term tenancy granted for a term certain of not less than six months,
(b) there is no power for the landlord to determine the tenancy at any time earlier than six months from the beginning of the tenancy, and
(c) a notice in respect of it is served as mentioned in subsection (2) below.
(2) The notice referred to in subsection (l)(c) above is one which-
(a) is in such form as may be prescribed;
(b) is served before the assured tenancy is entered into;
(c) is served by the person who is to be the landlord under the assured tenancy on the person who is to be the tenant under that tenancy; and
(d) states that the assured tenancy to which it relates is to be a shorthold tenancy.
(3) Notwithstanding anything in subsection (1) above, where-
(a) immediately before a tenancy (in this subsection referred to as "the new tenancy") is granted, the person to whom it is granted or, as the case may be, at least one of the persons to whom it is granted was a tenant under an assured tenancy which was not a shorthold tenancy, and
(b) the new tenancy is granted by the person who, immediately before the beginning of the tenancy, was the landlord under the assured tenancy referred to in paragraph (a) above,
the new tenancy cannot be an assured shorthold tenancy.
(4) Subject to subsection (5) below, if, on the coming to an end of an assured shorthold tenancy (including a tenancy which was an assured shorthold but ceased to be assured before it came to an end), a new tenancy of the same or substantially the same premises comes into being under which the landlord and the tenant are the same as at the coming to an end of the earlier tenancy, then, if and so long as the new tenancy is an assured tenancy, it shall be an assured shorthold tenancy, whether or not it fulfils the conditions in paragraphs (a) to (c) of subsection (l) above.
(5) Subsection (4) above does not apply if, before the new tenancy is entered into (or, in the case of a statutory periodic tenancy, takes effect in possession), the landlord serves notice on the tenant that the new tenancy is not to be a shorthold tenancy.
(5A) Subsections (3) and (4) above do not apply where the new tenancy is one to which section 19A above applies.
(6) In the case of joint landlords -
(a) the reference in subsection (2)(c) above to the person who is to be the landlord is a reference to at least one of the persons who are to be joint landlords; and
(b) the reference in subsection (5) above to the landlord is a reference to at least one of the joint landlords.
20A. Post-Housing Act 1996 tenancies: duty of landlord to provide statement as to terms of tenancy
(1) Subject to subsection (3) below, a tenant under an assured shorthold tenancy to which section 19A above applies may, by notice in writing, require the landlord under that tenancy to provide him with a written statement of any term of the tenancy which -
(a) falls within subsection (2) below, and
(b) is not evidenced in writing.
(2) The following terms of a tenancy fall within this subsection, namely -
(a) the date on which the tenancy began or, if it is a statutory periodic tenancy or a tenancy to which section 39(7) below applies, the date on which the tenancy came into being,
(b) the rent payable under the tenancy and the dates on which that rent is payable,
(c) any term providing for a review of the rent payable under the tenancy, and
(d) in the case of a fixed term tenancy, the length of the fixed term.
(3) No notice may be given under subsection (1) above in relation to a term of the tenancy if -
(a) the landlord under the tenancy has provided a statement of that term in response to an earlier notice under that subsection given by the tenant under the tenancy, and
(b) the term has not been varied since the provision of the statement referred to in paragraph (a) above.
(4) A landlord who fails, without reasonable excuse, to comply with a notice under subsection (1) above within the period of 28 days beginning with the date on which he received the notice is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(5) A statement provided for the purposes of subsection (1) above shall not be regarded as conclusive evidence of what was agreed by the parties to the tenancy in question.
(6) Where -
(a) a term of a statutory periodic tenancy is one which has effect by virtue of section 5(3)(e) above, or
(b) a term of a tenancy to which subsection (7) of section 39 below applies is one which has effect by virtue of subsection (6)(e) of that section,
subsection (1) above shall have effect in relation to it as if paragraph (b) related to the term of the t tenancy from which it derives.
(7) In subsections (1) and (3) above -
(a) references to the tenant under the tenancy shall, in the case of joint tenants, be taken to be references to any of the tenants, and
(b) references to the landlord under the tenancy shall, in the case of joint landlords, be taken to be references to any of the landlords.
21. Recovery of possession on expiry or termination of assured shorthold tenancy
(1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied -
(a) that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than an assured shorthold periodic tenancy (whether statutory or not), and
(b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months' notice in writing stating that he requires possession of the dwelling-house.
(2) A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end; and that subsection shall have effect notwithstanding that on the coming to an end of the fixed term tenancy a statutory periodic tenancy arises.
(3) Where a court makes an order for possession of a dwelling-house by virtue of subsection (1) above, any statutory periodic tenancy which has arisen on the coming to an end of the assured shorthold tenancy shall end (without further notice and regardless of the period) on the day on which the order takes effect.
(4) Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied -
(a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice in writing stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and
(b) that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.
(5) Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than -
(a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and
(b) in the case of a replacement tenancy, six months after the beginning of the original tenancy.
(6) In subsection (5)(b) above, the reference to the original tenancy is -
(a) where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and
(b) where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies.
(7) For the purposes of this section, a replacement tenancy is a tenancy -
(a) which comes into being on the coming to an end of an assured shorthold tenancy, and
(b) under which, on its coming to being -
(i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and
(ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.
22. Reference of excessive rents to rent assessment committee
(1) Subject to section 23 and subsection (2) below, the tenant under an assured shorthold tenancy may make an application in the prescribed form to a rent assessment committee for a determination of the rent which, in the committee's opinion, the landlord might reasonably be expected to obtain under the assured shorthold tenancy.
(2) No application may be made under this section if -
(a) the rent payable under the tenancy is a rent previously determined under this section;
(aa) the tenancy is one to which section 19A above applies and more than six months have elapsed since the beginning of the tenancy or, in the case of a replacement tenancy, since the beginning of the original tenancy; or
(b) the tenancy is an assured shorthold tenancy falling within subsection (4) of section 20 above (and, accordingly, is one in respect of which notice need not have been served as mentioned in subsection (2) of that section).
(3) Where an application is made to a rent assessment committee under subsection (1) above with respect to the rent under an assured shorthold tenancy, the committee shall not make such a determination as is referred to in that subsection unless they consider -
(a) that there is a sufficient number of similar dwelling-houses in the locality let on assured tenancies (whether shorthold or not); and
(b) that the rent payable under the assured shorthold tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy, having regard to the level of rents payable under the tenancies referred to in paragraph (a) above.
(4) Where, on an application under this section, a rent assessment committee make a determination of a rent for an assured shorthold tenancy -
(a) the determination shall have effect from such date as the committee may direct, not being earlier than the date of the application;
(b) if, at any time on or after the determination takes effect, the rent which, apart from this paragraph, would be payable under the tenancy exceeds the rent so determined, the excess shall be irrecoverable from the tenant; and
(c) no notice may be served under section 13(2) above with respect to a tenancy of the dwelling-house in question until after the first anniversary of the date on which the determination takes effect.
(5) Subsections (4), (5) and (8) of section 14 above apply in relation to a determination of rent under this section as they apply in relation to a determination under that section and, accordingly, where subsection (5) of that section applies, any reference in subsection (4)(b) above to rent is a reference to rent exclusive of the amount attributable to rates.
(5A) Where -
(a) an assured tenancy ceases to be an assured shorthold tenancy by virtue of falling within paragraph 2 of Schedule 2A to this Act, and
(b) at the time when it so ceases to be an assured shorthold tenancy there is pending before a rent assessment committee an application in relation to it under this section,
the fact that it so ceases to be an assured shorthold tenancy shall, in relation to that application, be disregarded for the purposes of this section.
(6) In subsection (2)(aa) above, the references to the original tenancy and to a replacement tenancy shall be construed in accordance with subsections (6) and (7) respectively of section 21 above.
Chapter IV Protection from Eviction
27. Damages for unlawful eviction
(1) This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as "the landlord in default") or any person acting on behalf of the landlord in default unlawfully deprives the residential occupier of any premises of his occupation of the whole or part of the premises.
(2) This section also applies if, at any time after 9th June 1988, a landlord (in this section referred to as "the landlord in default") or any person acting on behalf of the landlord in default -
(a) attempts unlawfully to deprive the residential occupier of any premises of his occupation of the whole of part of the premises, or
(b) knowing or having reasonable cause to believe that the conduct is likely to cause the residential occupier of any premises -
(i) to give up his occupation of the premises or any part thereof, or
(ii) to refrain from exercising any right or pursuing any remedy in respect of the premises or any part thereof,
does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, and as a result, the residential occupier gives up his occupation of the premises as a residence.
(3) Subject to the following provisions of this section, where this section applies, the landlord in default shall, by virtue of this section, be liable to pay to the former residential occupier, in respect of his loss of the right to occupy the premises in question at his residence, damages assessed on the basis set out in section 28 below.
(4) Any liability arising by virtue of subsection (3) above -
(a) shall be in the nature of a liability in tort; and
(b) subject to subsection (5) below, shall be in addition to any liability arising apart from this section (whether in tort, contract or otherwise).
(5) Nothing in this section affects the right of a residential occupier to enforce any liability which arises apart from this section in respect of his loss of the right to occupy premises as his residence; but damages shall not be awarded both in respect of such a liability and in respect of a liability arising by virtue of this section on account of the same loss.
(6) No liability shall arise by virtue of subsection (3) above if -
(a) before the date on which proceedings to enforce the liability are finally disposed of, the former residential occupier is reinstated in the premises in question in such circumstances that he becomes again the residential occupier of them; or
(b) at the request of the former residential occupier, a court makes an order (whether in the nature of an injunction or otherwise) as a result of which he is reinstated as mentioned in paragraph (a) above;
and, for the purposes of paragraph (a) above, proceedings to enforce a liability are finally disposed of on the earliest date by which the proceedings (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 any appeal is abandoned, the proceedings shall be taken to be disposed of on the date of the abandonment.
(7) If in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court -
(a) that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord in default would otherwise be liable, or
(b) that, before the proceedings were begun, the landlord in default offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation,
the court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate.
(8) In proceedings to enforce a liability arising by virtue of subsection (3) above, it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe -
(a) that the residential occupier had ceased to reside in the premises in question at the time when he was deprived of occupation as mentioned in subsection (1) above or, as the case may be, when the attempt was made or the acts were done as a result of which he gave up his occupation of those premises; or
(b) that, where the liability would otherwise arise by virtue only of the doing of acts or the withdrawal or withholding of services, he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.
(9) In this section -
(a) "residential occupier", in relation to any premises, has the same meaning as in section 1 of the 1977 Act;
(b) "the right to occupy", in relation to a residential occupier, includes any restriction on the right of another person to recover possession of the premises in question;
(c) "landlord", in relation to a residential occupier, means the person who, but for the occupier's right to occupy, would be entitled to occupation of the premises and any superior landlord under whom that person derives title;
(d) "former residential occupier", in relation to any premises, means the person who was the residential occupier until he was deprived of or gave up his occupation as mentioned in subsection (1) or subsection (2) above (and, in relation to a former residential occupier, "the right to occupy" and "landlord" shall be construed accordingly).
(1) The basis for the assessment of damages referred to in section 27(3) above is the difference in value, determined as at the time immediately before the residential occupier ceased to occupy the premises in question as his residence, between -
(a) the value of the interest of the landlord in default determined on the assumption that the residential occupier continues to have the same right to occupy the premises as before that time; and
(b) the value of that interest determined on the assumption that the residential occupier has ceased to have that right.
(2) In relation to any premises, any reference in this section to the interest of the landlord in default is a reference to his interest in the building in which the premises in question are comprised (whether or not that building contains any other premises) together with its curtilage.
(3) For the purposes of the valuations referred to in subsection (1) above, it shall be assumed -
(a) that the landlord in default is selling his interest on the open market to a willing buyer;
(b) that neither the residential occupier nor any member of his family wishes to buy; and
(c) that it is unlawful to carry out any substantial development of any of the land in which the landlord's interest subsists or to demolish the whole or part of any building on that land.
(4) In this section "the landlord in default" has the same meaning as in section 27 above and subsection (9) of that section applies in relation to this section as it applies in relation to that.
(5) Section 113 of the Housing Act 1985 (meaning of "members of a person's family") applies for the purposes of subsection (3)(b) above.
(6) The reference in subsection (3)(c) above to substantial development of any of the land in which the landlord's interest subsists is a reference to any development other than -
(a) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted; or
(b) a change of use resulting in the building referred to in subsection (2) above or any part of it being used as, or as part of, one or more dwelling-houses;
and in this subsection "general development order" has the meaning given in section 56(6) of the Town and Country Planning Act 1990 and other expressions have the same meaning as in that Act.
40. Jurisdiction of county courts
(1) A county court shall have jurisdiction to hear and determine any question arising under any provision of -
(a) Chapters I to III and V above, or
(b) sections 27 and 28 above,
other than a question falling within the jurisdiction of a rent assessment committee by virtue of any such provision.
(3) Where any proceedings under any provision mentioned in subsection (1) above are being taken in a county court, the court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that, apart from this subsection, those other proceedings would be outside the court's jurisdiction.
(1) In this Part of this Act, except where the context otherwise requires, -
"dwelling-house" may be a house or part of a house;
"fixed term tenancy" means any tenancy other than a periodic tenancy;
"fully mutual housing association" has the same meaning as in Part I of the Housing Associations Act 1985;
"landlord" includes any person from time to time deriving title under the original landlord and also includes, in relation to a dwelling-house, any person other than a tenant who is, or but for the existence of an assured tenancy would be, entitled to possession of the dwelling-house;
"let" includes "sub-let";
"prescribed" means prescribed by regulations made by the Secretary of State by statutory instrument;
"rates" includes water rates and charges but does not include an owner's drainage rate, as defined in section 63(2)(a) of the Land Drainage Act 1976;
"secure tenancy" has the meaning assigned by section 79 of the Housing Act 1985;
"statutory periodic tenancy" has the meaning assigned by section 5(7) above;
"tenancy" includes a sub-tenancy and an agreement for a tenancy or sub-tenancy; and
"tenant" includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.
(2) Subject to paragraph 11 of Schedule 2 to this Act, any reference in this Part of this Act to the beginning of a tenancy is a reference to the day on which the tenancy is entered into or, if it is later, the day on which, under the terms of any lease, agreement or other document, the tenant is entitled to possession under the tenancy.
(3) Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where this Part of this Act otherwise provides, any reference to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require.
4) For the avoidance of doubt, it is hereby declared that any reference in this Part of this Act (however expressed) to a power for a landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy.
(5) Regulations under subsection (1) above may make different provision with respect to different cases or descriptions of case, including different provisions for different areas.
Schedule 1 Tenancies which cannot be assured tenancies
Schedule 2 Grounds for possession of dwelling-house let on assured tenancies