ScheduleCONSEQUENTIAL AMENDMENTS

The Rent Act 1977 (c. 42)

27

For section 10 of the Rent Act 1977 there shall be substituted—

10 Agricultural holdings etc.

1

A tenancy is not a protected tenancy if—

a

the dwelling-house is comprised in an agricultural holding and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding, or

b

the dwelling-house is comprised in the holding held under a farm business tenancy and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the management of the holding.

2

In subsection (1) above—

  • agricultural holding” means any agricultural holding within the meaning of the Agricultural Holdings Act 1986 held under a tenancy in relation to which that Act applies, and

  • farm business tenancy”, and “holding” in relation to such a tenancy, have the same meaning as in the Agricultural Tenancies Act 1995.

28

1

Section 137 of that Act (effect on sub-tenancy of determination of superior tenancy) shall be amended as follows.

2

In subsection (3), after “the Agricultural Holdings Act 1986” there shall be inserted “ held under a tenancy to which that Act applies and land comprised in a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995. ”

3

In subsection (4), in paragraph (c), for the words from “applies” onwards there shall be substituted

applies—

i

a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy in relation to which that Act applies, or

ii

a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.