Housing Act 1985

113 Members of a person’s family. E+W

(1) A person is a member of another’s family within the meaning of this Part if—

(a) he is the spouse [F1 or civil partner] of that person, or he and that person live together [F2 as if they were a married couple or] [F3 civil partners], or

(b) he is that person’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece.

(2) For the purpose of subsection (1)(b)—

(a) a relationship by marriage [F4 or civil partnership] shall be treated as a relationship by blood,

(b) a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c) the stepchild of a person shall be treated as his child, and

(d) an illegitimate child shall be treated as the legitimate child of his mother and reputed father.

Textual Amendments

F1 Words in s. 113(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 27(2)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F2 Words in s. 113(1)(a) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 10(3)

F3 Words in s. 113(1)(a) inserted (5.12 2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 27(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F4 Words in s. 113(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 27(3); S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 113 applied by Housing Act 1988 (c. 50, SIF 61), s. 28(5)

C2 S. 113 applied by Protection from Eviction Act 1977 (c.43, SIF 75:1), s. 3A(5) as inserted by Housing Act 1988 (c.50, SIF 61), ss. 31, 42(2)(b)

C3 S. 113 applied by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 138(2)

S. 113 applied (17.12.1996) by 1996 c. 53, s. 98(1); S.I. 1996/2842, art. 3

S. 113 applied (11.9.1996 for specified purposes and 16.12.1997 otherwise) by 1996 c. 53, s. 140(4); S.I. 1996/2352, art. 2(2); S.I. 1997/2846, art. 2