Local Government and Housing Act 1989

138 Interpretation of Part VIII. E+W

(1) In this Part, except where the context otherwise requires,—

• “agricultural population” means—

  (a)

  persons whose employment or latest employment is or was employment in agriculture or in an industry mainly dependent on agriculture, and

  (b)

  the dependents of those persons;

  and for this purpose “agriculture” includes dairy-farming and poultry-farming and the use of land as grazing, meadow or pasture land, or orchard or osier land or woodland, or for market gardens or nursery grounds;

• “certified date” means the date certified by the local housing authority as the date on which the execution of the eligible works is completed to their satisfaction;

• “charity” does not include a registered housing association but, subject to that, has the same meaning as in the [F1 the Charities Act 1993];

• “common parts”, in relation to a building, includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more flats in the building;

• “disabled person” has the meaning assigned by section 114(6) above;

• “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;

• “the eligible works” shall be construed in accordance with section 116(2)(a) above;

• “the estimated expense” shall be construed in accordance with section 116(2) above;

• “flat”, in relation to a building, means a dwelling which is a separate set of premises, whether or not on the same floor, divided horizontally from some other part of the building;

• “group repair scheme” has the meaning assigned by section 127(1) above;

• “house in multiple occupation” has the same meaning as in Part VII above;

• “improvement” includes alteration and enlargement;

• “initial period” means the period of five years beginning with the certified date;

• “landlord’s common parts application” has the meaning assigned by section 105(2)(b) above;

• “local housing authority” has the same meaning as in the M1 Housing Act 1985;

• “long tenancy” has the meaning assigned by section 115 of that Act;

• “occupying tenant” has the meaning assigned by section 105(2)(a) above;

• “owner”, in relation to a dwelling, means the person who—

(a) is for the time being entitled to receive from a lessee of the dwelling (or would be so entitled if the dwelling were let) a rent of not less than two-thirds of the net annual value of the dwelling; and

(b) is not himself liable as lessee of the dwelling, or of property which includes the dwelling, to pay such a rent to a superior landlord;

• and, in relation to a house in multiple occupation, “owner” has the same meaning as in Part XI of the Housing Act 1985;

• “owner’s interest” has the meaning assigned by section 104(2) above;

• “participating landlord” has the meaning assigned by section 105(3) above;

• “preliminary or ancillary services and charges” has the meaning assigned by section 102(3) above;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “the relevant works” has the meaning assigned by section 102(2)(a) above;

• “tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy;

• “tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant;

• “tenants’ common parts application” has the meaning assigned by section 105(2)(c) above.

(2) Section 113 of the M2 Housing Act 1985 (meaning of “members of a person’s family”) shall apply in determining whether a person is a member of another’s family for the purposes of this Part.

Textual Amendments

F1 Words in s. 138(1) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para.30

Marginal Citations

M1 1985 c. 68.

M2 1985 c. 68.