Section 1.
1In this Act " relevant licence " means any licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which—
(a)if it were a tenancy, and
(b)if section 2 of the [1968 c. 23.] Rent Act 1968 (tenancies excepted from the definition of " protected tenancy") were modified as mentioned in paragraph 3 below,
would be a protected tenancy for the purposes of that Act.
2In this Act " relevant tenancy" means any tenancy under which a dwelling-house is let as a separate dwelling and which—
(a)is not a protected tenancy for the purposes of the Rent Act 1968, but
(b)would be such a tenancy if section 2 of that Act were modified as mentioned in paragraph 3 below,
other than a tenancy to which Part I or Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 applies and a tenancy of an agricultural holding within the meaning of the [1948 c. 63.] Agricultural Holdings Act 1948.
3(1)For the purposes of this Schedule the modifications of section 2 of the Rent Act 1968 are as follows.
(2)In subsection (1) omit paragraph (a) (tenancy at a low rent) and paragraph (d) (tenancy of a dwelling-house comprised in any agricultural holding etc.).
(3)For paragraph (b) of subsection (1) (tenancy of a dwelling-house bona fide let at a rent which includes payments in respect of board or attendance) substitute the following paragraph—
“(b)it is a bona fide term of the tenancy that the landlord provides the tenant with board or attendance ;”.
(4)For subsection (3) (payments in respect of attendance to form a substantial part of the whole rent) substitute the following subsection—
“(3)For the avoidance of doubt it is hereby declared that meals provided in the course of a person's employment in agriculture do not constitute board for the purposes of subsection (1)(b) above ; and a term that the landlord provides the tenant with attendance shall not be taken to be a bona fide term for those purposes unless, having regard to its value to the tenant, the attendance is substantial.”
4The other provisions of the Rent Act 1968 which are relevant for the purposes of the above definitions, and which are therefore also applied by this Schedule, include—
section 1 (definition of " protected tenancy ");
section 4 (no protected or statutory tenancy where landlord's interest belongs to Crown);
section 5 (no protected or statutory tenancy where landlord's interest belongs to local authority, etc.);
section 5A (no protected tenancy in certain cases where landlord's interest belongs to resident landlord);
section 6 (rateable value and appropriate day).