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Rent (Agriculture) Act 1976

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Part IE+W Preliminary

1 Interpretation and commencement.E+W

(1)In this Act—

(a)agriculture” includes—

(i)dairy-farming and livestock keeping and breeding (whether those activities involve the use of land or not);

(ii)the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not);

(iii)the use of land as grazing, meadow or pasture land or orchard or osier land;

(iv)the use of land for market gardens or nursery grounds; and

(v)forestry;

(b)forestry” includes—

(i)the use of land for nursery grounds for trees, and

(ii)the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes.

(2)For the purposes of the definition in subsection (1)(a)above—

  • consumable produce” means produce grown for consumption or other use after severance or separation from the land or other growing medium on or in which it is grown;

  • livestock” includes any animal which is kept for the production of food, wool, skins or fur, or for the purpose of its use in the carrying on of any agricultural activity, and for the purposes of this definition “animal” includes bird but does not include fish.

(3)The expressions listed in column 1 of Schedule 1 to this Act have for the purposes of this Act the meanings given by the provisions shown in column 2 of the Schedule.

(4)In this Act “relevant licence” and “relevant tenancy” have the meanings given by Schedule 2 to this Act.

(5)Schedule 3 to this Act, of which—

(a)Part I is for determining for the purposes of this Act—

(i)whether a person is a qualifying worker,

(ii)whether a person is incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease, and

(iii)whether a dwelling-house is in qualifying ownership,

(b)Part II postpones the operation of this Act in relation to certain persons employed in forestry, and

(c)Part III contains supplementary provisions,

shall have effect.

(6)This Act shall, subject to subsection (7) below, come into force on such date as the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly may by order contained in a statutory instrument appoint, and that date is in this Act called “the operative date”.

(7)Subsection (6) above has effect subject to the said Part II of Schedule 3 to this Act.

Modifications etc. (not altering text)

C11.1.1977 appointed under s. 1(6) by S.I. 1976/2124, art. 2 subject to Part II of Sch. 3

Protected occupanciesE+W

2 Protected occupiers in their own right.E+W

(1)Where a person has, in relation to a dwelling-house, a relevant licence or tenancy and the dwelling-house is in qualifying ownership, or has been in qualifying ownership at any time during the subsistence of the licence or tenancy (whether it was at the time a relevant licence or tenancy or not), he shall be a protected occupier of the dwelling-house if—

(a)he is a qualifying worker, or

(b)he has been a qualifying worker at any time during the subsistence of the licence or tenancy (whether it was at the time a relevant licence or tenancy or not).

(2)Where a person has, in relation to a dwelling-house, a relevant licence or tenancy and the dwelling-house is in qualifying ownership, or has been in qualifying ownership at any time during the subsistence of the licence or tenancy (whether it was at the time a relevant licence or tenancy or not), he shall be a protected occupier of the dwelling-house if and so long as he is incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease.

(3)A person who has, in relation to a dwelling-house, a relevant licence or tenancy shall be a protected occupier of the dwelling-house if—

(a)immediately before the licence or tenancy was granted, he was a protected occupier or statutory tenant of the dwelling-house in his own right, or

(b)the licence or tenancy was granted in consideration of his giving up possession of another dwelling-house of which he was such an occupier or such a tenant.

(4)In this Act—

  • protected occupier in his own right” means a person who is a protected occupier by virtue of subsection (1), (2) or (3) above;

  • statutory tenant in his own right” means a person who is a statutory tenant by virtue of section 4(1) below and who, immediately before he became such a tenant, was a protected occupier in his own right.

3 Protected occupiers by succession.E+W

(1)Subsection (2) or, as the case may be, subsection (3) below shall have effect for determining what person (if any) is a protected occupier of a dwelling-house after the death of a person (“the original occupier”) who, immediately before his death, was a protected occupier of the dwelling-house in his own right.

(2)[F1Where the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, if the surviving partner has, in relation to the dwelling-house, a relevant licence or tenancy, the surviving partner shall be a protected occupier of the dwelling-house.]

This subsection is framed by reference to the case where the original occupier was a man, but is to be read as applying equally in the converse case where the original occupier was a woman.

(3)Where—

(a)the original occupier was not a person who died leaving a [F2surviving partner] who was residing [F3in the dwelling-house immediately before [F4the original occupier's] death], but

(b)one or more persons who were members of [F4the original occupier's] family were residing with [F5the original occupier] at the time of and for the period of six months immediately before his death,

then, after [F4the original occupier's] death, if that person or, as the case may be, any of those persons has, in relation to the dwelling-house, a relevant licence or tenancy, that person or, as the case may be, such one of the persons having such a licence or tenancy as may be decided by agreement, or in default of agreement by the county court, shall be a protected occupier of the dwelling-house.

[F6(3A)In subsections (2) and (3) above “surviving partner” means surviving spouse or surviving civil partner.]

(4)A person who has, in relation to the dwelling-house, a relevant licence or tenancy shall be a protected occupier of the dwelling-house if—

(a)immediately before the licence or tenancy was granted, he was a protected occupier or statutory tenant of the dwelling-house by succession, or

(b)the licence or tenancy was granted in consideration of his giving up possession of another dwelling-house of which he was such an occupier or such a tenant.

(5)In this Act—

  • protected occupier by succession” means a person who is a protected occupier by virtue of subsection (2), (3) or (4) above;

  • statutory tenant by succession” means a person who is a statutory tenant by virtue of section 4(1) below and who, immediately before he became such a tenant, was a protected occupier by succession, or a person who is a statutory tenant by virtue of section 4(3) or (4) below.

(6)A dwelling-house, is in this Act, referred to as subject to a protected occupancy where there is a protected occupier of it.

Statutory tenanciesE+W

4 Statutory tenants and tenancies.E+W

(1)Subject to section 5 below, where a person ceases to be a protected occupier of a dwelling-house on the termination, whether by notice to quit or by virtue of section 16(3) of this Act or otherwise, of his licence or tenancy, he shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it.

(2)Subject to section 5 below, subsection (3), F7... below shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house at any time after the death of a person (“the original occupier”) who was, immediately before his death, a protected occupier or statutory tenant of the dwelling-house in his own right.

(3)[F8If the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, unless the surviving partner is a protected occupier of the dwelling-house by virtue of section 3(2) above, the surviving partner shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence.]

This subsection is framed by reference to the case where the original occupier was a man, but is to be read as applying equally in the converse case where the original occupier was a woman.

(4)Where—

(a)the original occupier was not a person who died leaving a [F9surviving partner] who was residing [F10in the dwelling-house immediately before [F11the original occupier's] death], but

(b)one or more persons who were members of [F11the original occupier's] family were residing with [F12the original occupier] [F13in the dwelling-house] at the time of and for the F14... [F14period of 2 years] immediately before [F11the original occupier's] death,

then, after [F11the original occupier's] death, unless that person or, as the case may be, one of those persons is a protected occupier of the F15... [F15entitled to an assured tenancy of the dwelling-house by succession] [F16or, in the case of a dwelling-house in Wales, will be entitled to a secure contract of the dwelling-house by succession].

(5)In F17... [F17subsections (1) and (3)] above the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed in accordance with [F18section 2(3) of the M1Rent Act 1977] (construction of that phrase in the corresponding provisions of that Act).

[F19(5ZA) In subsections (3) and (4) above “ surviving partner ” means surviving spouse or surviving civil partner.

(5A)For the purposes of subsection (3) above [F20a person who was living with the original occupier as if they were a married couple or civil partners shall be treated as the spouse or civil partner of the original occupier;] and, subject to subsection (5B) below, “surviving spouse” and “surviving civil partner” in subsection (5ZA) above shall be construed accordingly.]

(5B)If, immediately after the death of the original occupier, there is, by virtue of subsection (5A) above, more than one person who fulfils the conditions in subsection (3) above, such one of them as may be decided by agreement or, in default of agreement by the county court, shall be the statutory tenant by virtue of that subsection.

(5C) If the original occupier died within the period of 18 months beginning on the operative date, then, for the purposes of subsection (3) above, a person who was residing in the dwelling-house with the original occupier at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original occupier for the period of 2 years immediately before his death; and in this subsection “ the operative date ” means the date on which Part I of the Housing Act 1988 came into force.

(6)A dwelling-house is, in this Act, referred to as subject to a statutory tenancy where there is a statutory tenant of it.

[F21(7)In this section, “secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act).]

Textual Amendments

F10Words substituted by Housing Act 1980 (c. 51), s. 76(3)(4) in relation to deaths occurring after 28.11.1980

F13Words in s. 4(4)(b) inserted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 11(a)

F14Words in s. 4(4)(b) substituted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 11(a)

F15Words in s. 4(4) substituted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 11(b)

F17Words in s. 4(5) substituted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 12

F19S. 4(5A)(5ZA) substituted for s. 4(5A) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(4); S.I. 2005/3175, art. 2(1), Sch. 1

Marginal Citations

5 No statutory tenancy where landlord’s interest belongs to Crown or to local authority, etc.E+W

[F22(1)A person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would, at that time—

(a)belong to Her Majesty in right of the Crown or to a government department, or

(b)be held in trust for Her Majesty for the purposes of a government department;

except that an interest belonging to Her Majesty in right of the Crown shall not prevent a person from being a statutory tenant if the interest is under the management of the Crown Estate Commissioners.]

(2)A person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would, at that time, belong to any of the bodies specified in subsection (3) below.

(3)The bodies referred to in subsection (2) above are—

(a)the council of a county [F23, county borough] or district or, in the application of this Act to the Isles of Scilly, the Council of those Isles;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24the council of a London borough or the Common Council of the City of London;

[F25(baa)a police and crime commissioner;]

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

[F27(bb)a joint authority established by Part IV of the Local Government Act 1985;]

[F28(bbza)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(bbzb)a combined authority established under section 103 of that Act;]

[F29(bbzc)a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;]

F30(bba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31(bbb)the London Fire Commissioner;]

[F32(bbc)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;]

[F33(bc)the Broads Authority;]

[F34(bd)any National Park authority;]

(c)the [F35English new towns residuary body]

( d )the [F36Regulator of Social Housing];

F37( da ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) a development corporation established by an order made, or having effect as if made, under the M2 [F38New Towns Act 1981 ] , and

(f) a housing trust (as defined in [F39section 15(5) of the M3 Rent Act 1977 ]) which is a charity F40....

[F41(3A) In subsection (3)(c) above “ English new towns residuary body ” means the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 [F42or the Greater London Authority so far as exercising its new towns and urban development functions]. ]

( 4 ) If any of the conditions for the time being specified in [F43 section 15(4) of the M4 Rent Act 1977 ] (conditions for the operation of the corresponding provision of that Act) is fulfilled, a person shall not be a statutory tenant of a dwelling-house at any time if the interest of his immediate landlord would, at that time, [F44 belong to a housing association which—

[F45(za)is a private registered provider of social housing,]

(a)is [F46a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act)], or

(b)is a co-operative housing association within the meaning of [F47the Housing Associations Act 1985].]

Textual Amendments

F22S. 5(1) substituted by Housing Act 1980 (c. 51), s. 73(3)

F31S. 5(3)(bbb) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 52; S.I. 2018/227, reg. 4(c)

F32S. 5(3)(bbc) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 37; S.I. 2017/399, reg. 2, Sch. para. 38

F34S. 5(3)(bd) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 17 (with ss. 7(6), 115, 117, Sch. 8 para. 7)); S.I. 1995/2950, art. 2(1)

F37S. 5(3)(da) repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 5

F40Words in s. 5(3)(f) omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. paras. 37(1), (2)(b)

F42Words in s. 5(3A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 4; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F44Words and s. 5(4)(a)(b) substituted for words and s. 5(4)(a)–(d) by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 4, 5(2), Sch. 2 para. 33(2)

F46Words in s. 5(4)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 5(a)

F47Words in s. 5(4)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 5(b)

Modifications etc. (not altering text)

C3S. 5(2)-(4) excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 12(5)(a)(ii) (with Sch. 7 para. 12(9)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C4S. 5(2)-(4) excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 4(5)(a)(ii); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C5S. 5(2)-(4) excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 18(6)(a)(ii); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C6S. 5(2)-(4) excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 124(7)(b), 270(4), 270(5)(b) (with s. 124(9)(10)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C8S. 5(3)(bb) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(O)

Marginal Citations

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