Protection from Eviction Act 1977

8 Interpretation. E+W

(1) In this Act “statutorily protected tenancy” means—

(a) a protected tenancy within the meaning of the M1 Rent Act 1977 or a tenancy to which Part I of the M2 Landlord and Tenant Act 1954 applies;

(b) a protected occupancy or statutory tenancy as defined in the M3 Rent (Agriculture) Act 1976;

(c) a tenancy to which Part II of the M4 Landlord and Tenant Act 1954 applies;

(d) a tenancy of an agricultural holding within the meaning of the [F1 Agricultural Holdings Act 1986].

[F2 (e) an assured tenancy or assured agricultural occupancy under Part I of the Housing Act 1988]

[F3 (f) a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies].

(2) For the purposes of Part I of this Act a person who, under the terms of his employment, had exclusive possession of any premises other than as a tenant shall be deemed to have been a tenant and the expressions “let” and “tenancy” shall be construed accordingly.

(3) In Part I of this Act “the owner”, in relation to any premises, means the person who, as against the occupier, is entitled to possession thereof.

[F4 (4) In this Act “excluded tenancy” and “excluded licence” have the meaning assigned by section 3A of this Act.

(5) If, on or after the date on which the Housing Act 1988 came into force, the terms of an excluded tenancy or excluded licence entered into before that date are varied, then—

(a) if the variation affects the amount of the rent which is payable under the tenancy or licence, the tenancy or licence shall be treated for the purposes of sections 3(2C) and 5(1B) above as a new tenancy or licence entered into at the time of the variation; and

(b) if the variation does not affect the amount of the rent which is so payable, nothing in this Act shall affect the determination of the question whether the variation is such as to give rise to a new tenancy or licence.

(6) Any reference in subsection (5) above to a variation affecting the amount of the rent which is payable under a tenancy or licence does not include a reference to—

(a) a reduction or increase effected under Part III or Part VI of the Rent Act M5 1977 (rents under regulated tenancies and housing association tenancies), section 78 of that Act (power of rent tribunal in relation to restricted contracts) or sections 11 to 14 of the Rent (Agriculture) Act M6 1976; or

(b) a variation which is made by the parties and has the effect of making the rent expressed to be payable under the tenancy or licence the same as a rent for the dwelling which is entered in the register under Part IV or section 79 of the Rent Act M7 1977.]

Textual Amendments

F1 Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 61

F2 S. 8(1)(e) inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 33(2), 44(2)(b)

F3 S. 8(1)(f) inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194(1), Sch. 11 para. 54

F4 S. 8(4)–(6) added by Housing Act 1988 (c. 50, SIF 75:1), ss. 33(3), 44(2)(b)

Marginal Citations

M1 1977 c. 42.

M2 1954 c. 56.

M3 1976 c. 80.

M4 1954 c. 56.

M5 1977 c. 42(75:3).

M6 1976 c. 80(75:3).

M7 1977 c. 42(75:3).