Rent Act 1977

Sublettings E+W

137 Effect on sub-tenancy of determination of superior tenancy. E+W

(1) If a court makes an order for possession of a dwelling-house from—

(a) a protected or statutory tenant, or

(b) a protected occupier or statutory tenant as defined in the M1 Rent (Agriculture) Act 1976.

and the order is made by virtue of section 98(1) or 99(2) of this Act or, as the case may be, under Part I of Schedule 4 to that Act, nothing in the order shall affect the right of any sub-tenant to whom the dwelling-house or any part of it has been lawfully sublet before the commencement of the proceedings to retain possession by virtue of . . . F1 this Act, nor shall the order operate to give a right to possession against any such sub-tenant.

(2) Where a statutorily protected tenancy of a dwelling-house is determined, either as a result of an order for possession or for any other reason, any sub-tenant to whom the dwelling-house or any part of it has been lawfully sublet shall, subject to this Act, be deemed to become the tenant of the landlord on the same terms as if the tenant’s statutorily protected tenancy had continued.

(3) Where a dwelling-house—

(a) forms part of premises which have been let as a whole on a superior tenancy but do not constitute a dwelling-house let on a statutorily protected tenancy; and

(b) is itself subject to a protected or statutory tenancy,

then, from the coming to an end of the superior tenancy, this Act shall apply in relation to the dwelling-house as if, in lieu of the superior tenancy, there had been separate tenancies of the dwelling-house and of the remainder of the premises, for the like purposes as under the superior tenancy, and at rents equal to the just proportion of the rent under the superior tenancy.

In this subsection “premises” includes, if the sub-tenancy in question is a protected or statutory tenancy to which section 99 of this Act applies, an agricultural holding within the meaning of the [F2 Agricultural Holdings Act 1986].

(4) In subsections (2) and (3) above “statutorily protected tenancy” means—

(a) a protected or statutory tenancy;

(b) a protected occupancy or statutory tenancy as defined in the M2 Rent (Agriculture) Act 1976; or

(c) if the sub-tenancy in question is a protected or statutory tenancy to which section 99 of this Act applies, a tenancy of an agricultural holding within the meaning of the [F2 Agricultural Holdings Act 1986].

(5) Subject to subsection (6) below, a long tenancy of a dwelling-house which is also a tenancy at a low rent but which, had it not been a tenancy at a low rent, would have been a protected tenancy [F3 or an assured tenancy, within the meaning of Part I of the Housing Act 1988], shall be treated for the purposes of subsection (2) above as a statutorily protected tenancy.

(6) Notwithstanding anything in subsection (5) above, subsection (2) above shall not have effect where the sub-tenancy in question was created (whether immediately or derivatively) out of a long tenancy falling within subsection (5) above and, at the time of the creation of the sub-tenancy—

(a) a notice to terminate the long tenancy had been given under section 4(1) of the M3 Landlord and Tenant Act 1954 [F4 or, as the case may be, served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989]; or

(b) the long tenancy was being continued by section 3(1) of [F5 the said Act of 1954 or, as the case may be, paragraph 3 of the said Schedule 10];

unless the sub-tenancy was created with the consent in writing of the person who at the time when it was created was the landlord, within the meaning of [F6 Part I of the said Act of 1954 or, as the case may be, the said Schedule 10].

(7) This section shall apply equally where a protected occupier of a dwelling-house, or part of a dwelling-house, has a relevant licence as defined in the M4 Rent (Agriculture) Act 1976, and in this section “tenancy” and all cognate expressions shall be construed accordingly.

Textual Amendments

F1 Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 17 para. 25, Sch. 18

F2 Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 60

F3 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 53(1)

F4 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 53(2)(a)

F5 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 53(2)(b)

F6 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 53(2)(c)

Modifications etc. (not altering text)

C1 S. 137 excluded by Housing Act 1980 (c. 51, SIF 61), s. 54(1)

C2 S. 137(2)(5) restricted (1.11.1993) by 1993 c. 28, s. 61, Sch. 14 para. 3(2)(a) (with ss. 94(2), 95); S.I. 1993/2134, arts. 2,5

Marginal Citations

M1 1976 c. 80.

M2 1976 c. 80.

M3 1954 c. 56.

M4 1976 c. 80.

138 Effect on furnished sub-tenancy of determination of superior unfurnished tenancy. E+W

(1) If, in a case where section 137(2) of this Act applies, the conditions mentioned in subsection (2) below are fulfilled, the terms on which the sub-tenant is, by virtue of section 137(2), deemed to become the tenant of the landlord shall not include any terms as to the provision by the landlord of furniture or services.

(2) The conditions are:—

(a) that the statutorily protected tenancy which is determined as mentioned in section 137(2) was neither a protected furnished tenancy nor a statutory furnished tenancy; and

(b) that, immediately before the determination of that statutorily protected tenancy, the sub-tenant referred to in section 137(2) was the tenant under a protected furnished tenancy or a statutory furnished tenancy; and

(c) that the landlord, within the period of 6 weeks beginning with the day on which the statutorily protected tenancy referred to in section 137(2) is determined, serves notice on the sub-tenant that this section is to apply to his tenancy or statutory tenancy.

(3) In this section “statutorily protected tenancy” has the [F7 same meaning as it has for the purposes of section 137(2) of this Act.]

Textual Amendments

F7 Words substituted retrospectively by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 51

139 Obligation to notify sublettings of dwelling-houses let on or subject to protected or statutory tenancies. E+W

(1) If the tenant of a dwelling-house let on or subject to a protected or statutory tenancy sublets any part of the dwelling-house on a protected tenancy, then, subject to subsection (2) below, he shall, within 14 days after the subletting, supply the landlord with a statement in writing of the subletting giving particulars of occupancy, including the rent charged.

(2) Subsection (1) above shall not require the supply of a statement in relation to a subletting of any part of a dwelling-house if the particulars which would be required to be included in the statement as to the rent and other conditions of the sub-tenancy would be the same as in the last statement supplied in accordance with that subsection with respect to a previous subletting ofthat part.

(3) A tenant who is required to supply a statement in accordance with subsection (1) above and who, without reasonable excuse—

(a) fails to supply a statement, or

(b) supplies a statement which is false in any material particular,

shall be liable to a fine not exceeding [F8 level 1 on the standard scale].

(4) In this section—

(a) “protected tenancy” includes a protected occupancy under the M5 Rent (Agriculture) Act 1976;

(b) “statutory tenancy” includes a statutory tenancy under that Act.

Textual Amendments

F8 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Marginal Citations

M5 1976 c. 80.