Rent (Agriculture) Act 1976

Section 1.

SCHEDULE 2 Meaning of " Relevant Licence " and " Relevant Tenancy "

Relevant licence

1 In this Act " relevant licence " means any licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which—

(a) if it were a tenancy, and

(b) if section 2 of the [1968 c. 23.] Rent Act 1968 (tenancies excepted from the definition of " protected tenancy") were modified as mentioned in paragraph 3 below,

would be a protected tenancy for the purposes of that Act.

Relevant tenancy

2 In this Act " relevant tenancy" means any tenancy under which a dwelling-house is let as a separate dwelling and which—

(a) is not a protected tenancy for the purposes of the Rent Act 1968, but

(b) would be such a tenancy if section 2 of that Act were modified as mentioned in paragraph 3 below,

other than a tenancy to which Part I or Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 applies and a tenancy of an agricultural holding within the meaning of the [1948 c. 63.] Agricultural Holdings Act 1948.

Supplemental

3 (1) For the purposes of this Schedule the modifications of section 2 of the Rent Act 1968 are 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 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).