Definition of statutory tenant LTA 1985 s. 37
Section 37 of LTA 1985 defines statutory tenancy, statutory tenant, and landlord by referencing the Rent Act 1977 and Rent (Agriculture) Act 1976.
In this Act— “ statutory tenancy ” and “ statutory tenant ” mean a statutory tenancy or statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976; and “ landlord ”, in relation to a statutory tenant, means the person who, apart from the statutory tenancy, would be entitled to possession of the premises.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 37 clarifies what "statutory tenancy", "statutory tenant", and "landlord" mean when those terms appear in the Landlord and Tenant Act 1985. It cross-references older housing legislation to establish these definitions rather than creating new ones.
Under this section, a statutory tenant or tenancy has the same meaning given by the Rent Act 1977 or the Rent (Agriculture) Act 1976. These are tenancies where contractual protection has ended, but the occupier retains a statutory right to stay in the property.
For these statutory tenancies, the "landlord" is defined as whichever person would be entitled to take back possession of the property if that statutory right to remain did not exist.
When it applies
- Determining if a Rent Act 1977 tenant remaining after notice expires counts as a statutory tenant under LTA 1985 repair duties.
- Identifying who counts as the landlord when an agricultural worker stays under the Rent (Agriculture) Act 1976.
- Applying LTA 1985 disclosure rules to an occupier whose contractual tenancy lapsed into a statutory tenancy.
What this section does not say
- Setting out the legal rights or grounds for eviction of a statutory tenant, which are governed by the Rent Act 1977.
- Defining standard modern assured shorthold tenancies, which fall under separate housing legislation.
- Providing the general definition of ordinary leases, which is handled in a separate provision of the Act.
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This page reproduces the text of LTA 1985 s. 37 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.