Landlord and Tenant Act 1985

38 Minor definitions. E+W

In this Act—

• “address” means a person’s place of abode or place of business or, in the case of a company, its registered office;

• [F1 “arbitration agreement”, “arbitration proceedings” and “arbitral tribunal” have the same meaning as in Part I of the M1 Arbitration Act 1996 [F2 and post-dispute arbitration agreement”, in relation to any matter, means an arbitration agreement made after a dispute about the matter has arisen;];]

• “co-operative housing association” has the same meaning as in the M2 Housing Associations Act 1985;

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• “housing association” has the same meaning as in the Housing Associations Act 1985;

• “local authority” means a district, county [F3 county borough] or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in sections 14(4), 26(1) and 28(6) includes . . . F4 [F5 the Broads Authority][F6 , a police authority established under [F7 section 3 of the Police Act 1996][F8 the Metropolitan Police Authority,]. . . F9 . . . a joint authority established by Part IV of the M3 Local Government Act 1985 [F10 , an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)][F11 and the London Fire and Emergency Planning Authority];

• “local housing authority” has the meaning given by section 1 of the M4 Housing Act 1985;

• “new town corporation” means—

(a) a development corporation established by an order made, or treated as made, under the M5 New Towns Act 1981,

[F12 (b) the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008, or

(c) the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981;]

• “protected tenancy” has the same meaning as in the Rent Act 1977;

• [F13 “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act);.]

• “restricted contract” has the same meaning as in the Rent Act 1977;

• “urban development corporation” has the same meaning as in Part XVI of the M6 Local Government, Planning and Land Act 1980.

Textual Amendments

F1 Definition in s. 38 inserted (1.9.1997) by 1996 c. 52, s. 83(5); S.I. 1997/1851, art. 2

F2 Words in s. 38 inserted (30.9.2003 for E. and 30.3.2004 for W.) by virtue of 2002 c. 15, ss. 155(2), 181(1); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F3 Words in s. 38 inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 7 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F4 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F5 Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 23(2), 27(2), Sch. 6 para. 26

F6 Words in s. 38 inserted (1.10.1994 subject to modifications in art. 6(3)-(6) of S.I. 1994/2025 and otherwise 1.4.1995 by S.I. 1994/3262) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 60; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

F7 Words in s. 38 substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(x)

F8 Words in s. 38 inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 53 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F9 Word in s. 38 repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. VIII (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(i)

F10 S. 38: Words in definition of 'local authority' inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 42; S.I. 2008/917, art. 2(p)

F11 Words in s. 38 inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 44 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F12 S. 38(b)(c) substituted for s. 38(b) and preceding word (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 36; S.I. 2008/3068, art. 2(1)(w) (with arts. 6-13)

F13 Definition in s. 38 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 16(4)

Modifications etc. (not altering text)

C1 S. 38 extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(y)

Marginal Citations

M1 1996 c. 23.

M2 1985 c. 69.

M3 1985 c. 51

M4 1985 c. 68.

M5 1981 c. 64.

M6 1980 c. 65.