Landlord and Tenant Act 1954

6 Application of Rent Acts where tenant retains possession.

(1) Where a tenancy is terminated by a landlord's notice proposing a statutory tenancy the Rent Acts shall apply, subject as hereinafter provided, as if the tenancy (hereinafter referred to as " the former tenancy ")—

(a) had been a tenancy of the dwelling-house, as hereinafter defined, and

(b) had been a tenancy at a rent equal to the standard rent agreed or determined in accordance with the next following section, and otherwise on the terms so agreed or determined and no other terms.

(2) The said Acts shall not apply as aforesaid, if at the end of the period of two months after the service of the landlord's notice the qualifying condition was not fulfilled as respects the tenancy, unless the tenant has elected to retain possession.

(3) In this Part of this Act the expression " the dwelling-house " means the premises agreed between the landlord and the tenant or determined by the court.—

(a) if the agreement or determination is made on or after the term date of the former tenancy, to be the premises which as respects that tenancy are the premises qualifying for protection,

(b) if the agreement or determination is made before the term date of the former tenancy, to be the premises which are likely to be the premises qualifying for protection.

(4) The Acts of 1920 to 1938, as applied by subsection (1) of this section, shall have effect in relation to the dwelling-house as they have effect in relation to premises to which they were applied by the Act of 1939, but subject to the following adaptations, that is to say,—

(a) paragraph (h) of the First Schedule to the Act of 1933 (under which a landlord who purchased after the date therein mentioned is excepted from the provisions of that paragraph as to obtaining possession for occupation for himself or certain relatives of his) shall have effect with the substitution, for the reference to the date therein mentioned, of a reference to the twenty-first day of November, nineteen hundred and fifty; and

(b) subject to the last foregoing paragraph, the said Acts shall have effect as aforesaid with the substitution, for references to the passing or the commencement of the Act of 1939, of references to the coming to an end of the former tenancy.

(5) Subsections (1) and (2) of section twenty-three of the Housing Repairs and Rents Act, 1954, shall not apply where the standard rent of the dwelling-house (within the meaning of that section) is a rent agreed or determined in accordance with the next following section.