Landlord and Tenant Act 1987

Status:

Point in time view as at 13/10/2003. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Landlord and Tenant Act 1987, Section 58 is up to date with all changes known to be in force on or before 07 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

58 Exempt landlords and resident landlords.E+W

(1)In this Act “exempt landlord” means a landlord who is one of the following bodies, namely—

(a)a district, county [F1, county borough] or London borough council, the Common Council of the City of London, [F2the London Fire and Emergency Planning Authority,] the Council of the Isles of Scilly, [F3a police authority established under [F4section 3 of the Police Act 1996]] F5. . . F6. . . , or a joint authority established by Part IV of the M1Local Government Act 1985;

(b)the Commission for the New Towns or a development corporation established by an order made (or having effect as if made) under the M2New Towns Act 1981;

(c)an urban development corporation within the meaning of Part XVI of the M3Local Government, Planning and Land Act 1980;

[F7(ca)a housing action trust established under Part III of the Housing Act 1988.]

F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(dd)the Broads Authority;]

[F10(de)a National Park authority;]

(e)the Housing Corporation;

F11(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a housing trust (as defined in section 6 of the M4Housing Act 1985) which is a charity;

[F12(g)a registered social landlord, or a fully mutual housing association which is not a registered social landlord; or.]

(h)an authority established under section 10 of the M5Local Government Act 1985 (joint arrangements for waste disposal functions).

[F13(1A)In subsection (1)(g)—

“fully mutual housing association” has the same meaning as in the Housing Associations Act 1985 (see section 1(1) and (2) of that Act); and
“registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act).]

(2)For the purposes of this Act the landlord of any premises consisting of the whole or part of a building is a resident landlord of those premises at any time if—

(a)the premises are not, and do not form part of, a purpose-built block of flats; and

(b)at that time the landlord occupies a flat contained in the premises as his only or principal residence; and

(c)he has so occupied such a flat throughout a period of not less than 12 months ending with that time.

(3)In subsection (2) “purpose-built block of flats” means a building which contained as constructed, and contains, two or more flats.

Textual Amendments

F1Words in s. 58(1)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 8 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.