Property Law uk

Maintained by Gary Webber

Rent Act 1977

This pages contains material dealing with
  • Access by landlord to carry out works
  • Mixed use premises
  • Obtaining possession by misrepresentation
  • Statutory tenancy - requirement of occupation
  • Succession
  • Suitable alternative accommodation
  • Transition to assured tenancy regime
  • Losing protection on grant of assured shorthold

Access by L to carry out works

Akram v Adam
[2002] EWCA Civ 1679; [2003] HLR 28.


Under s116 of the Rent Act 1977 a county court may make an order in respect of a statutory tenancy that allows the landlord to enter and carry out works. However, such an order can only be made where the works are specified in one of a number of specifically listed grants (subs(3)).


In this case L wanted to carry out certain works so as to convert Ts room into a self-contained unit that would provide T with suitable alternative accommodation within s98(1). However, there was no grant application. Nor did the judge consider the question of interim accommodation as required by subsection (4).


Hence, the judge had no power to make an order under s116 and his purported order was of no effect. It is not possible to make an order under s98(1)(a) (suitable alternative accommodation) requiring T to move out so that the works can be done because under that section the courts only power is to make an order for possession if the suitable alternative accommodation is available at the date of the order or will be available when it will take effect.

Fair rents

Article: "Not a fair explanation" by Sandi Murdoch - Explanation of R (on the application of Wolters (London) Ltd v London Rent Assessment Committee [2003] EWHC 1465 (Admin); [2003] 41 EG 180 and the way fair rents are to be calculated. (Estates Gazette, 1 November 2003, p167)

Mixed use premises

Tan v Sitkowski
[2007] EWCA Civ 30.

Where premises were let (after the Rent Act 1965 came into force) for mixed business and residential use the premises were not "let as a separate dwelling" within s1 of the 1977 Act. The tenancy was not therefore protected. The tenant cannot, simply by unilaterally ceasing ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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