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Section 12: Resident landlords.

Rent Act 1977 · 1977 c. 42View on legislation.gov.uk

Part I: Preliminary

Subject to subsection (2) below, a tenancy of a dwelling-house granted on or after 14th August 1974 shall not be a protected tenancy at any time if—

the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats, and
the tenancy was granted by a person who, at the time when he granted it, occupied as his residence another dwelling-house which—
in the case mentioned in paragraph (a) above, also forms part of the flat; or
in any other case, also forms part of the building; and
subject to paragraph 1 of Schedule 2 to this Act, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to a person who, at the time he owned that interest, occupied as his residence another dwelling-house which—
in the case mentioned in paragraph (a) above, also formed part of the flat; or
in any other case, also formed part of the building.

This section does not apply to a tenancy of a dwelling-house which forms part of a building if the tenancy is granted to a person who, immediately before it was granted, was a protected or statutory tenant of that dwelling-house or of any other dwelling-house in that building.

For the purposes of subsection (2) above, a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term.

Schedule 2 to this Act shall have effect for the purpose of supplementing this section.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.