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Textual Amendments
F1S. 96 repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 32, Sch. 6 (with art. 11(2))
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Textual Amendments
F2S. 97 repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)
(1)Section 113 of the M1Housing Act 1985 (meaning of “members of a person’s family”) applies in determining whether a person is a member of another’s family for the purposes of this Part.
(2)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3S. 98(2) repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 33, Sch. 6 (with art. 11(2))
Marginal Citations
(1)In this Part “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 at an annual rate 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.
(2)For this purpose the net annual value of a dwelling means the rent at which the dwelling might reasonably be expected to be let from year to year if the tenant undertook to pay all usual tenant’s rates and taxes and to bear the cost of repair and insurance and the other expenses, if any, necessary to maintain the dwelling in a state to command that rent.
(3)Any dispute arising as to the net annual value of a dwelling shall be referred in writing for decision by the district valuer.
In this subsection “district valuer” has the same meaning as in the Housing Act 1985.
(1)For the purposes of this Part a person is disabled if—
(a)his sight, hearing or speech is substantially impaired,
(b)he has a mental disorder or impairment of any kind, or
(c)he is physically substantially disabled by illness, injury, impairment present since birth, or otherwise.
(2)A person aged eighteen or over shall be taken for the purposes of this Part to be disabled if—
(a)he is registered in pursuance of any arrangements made under section 29(1) of the M2National Assistance Act 1948 (disabled persons’ welfare), or
(b)he is a person for whose welfare arrangements have been made under that provision or, in the opinion of the social services authority, might be made under it.
(3)A person under the age of eighteen shall be taken for the purposes of this Part to be disabled if—
(a)he is registered in a register of disabled children maintained under paragraph 2 of Schedule 2 to the M3Children Act 1989, or
(b)he is in the opinion of the social services authority a disabled child as defined for the purposes of Part III of the M4Children Act 1989 (local authority support for children and their families).
(4)In this Part the “social services authority” means the council which is the local authority for the purposes of the M5Local Authority Social Services Act 1970 for the area in which the dwelling or building is situated.
(5)Nothing in subsection (1) above shall be construed as affecting the persons who are to be regarded as disabled under section 29(1) of the M6National Assistance Act 1948 or section 17(11) of the Children Act 1989 (which define disabled persons for the purposes of the statutory provisions mentioned in subsections (2) to (4) above).
In this Part—
[F4“development corporation” has the same meaning as in the Housing 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;
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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“housing action trust” means a housing action trust established under Part III of the M7Housing Act 1988 and includes any body established by order under section 88 of the Housing Act 1988;
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“introductory tenancy” and “introductory tenant” have the same meaning as in Chapter I of Part V of the M8Housing Act 1996;
“local authority” and “local housing authority” have the same meaning as in the M9Housing Act 1985;
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F6...
“owner”, in relation to a dwelling, has the meaning given by section 99 F7. . . ;
“owner’s interest”, in relation to any premises, means—
an estate in fee simple absolute in possession, or
a term of years absolute of which not less than five years remain unexpired at the date of the application,
whether held by the applicant alone or jointly with others;
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“prescribed” means prescribed by regulations made by the Secretary of State;
“registered social landlord” has the same meaning as in Part I of the Housing Act 1996;
“renewal area” has the same meaning as in Part VII of the Local Government and Housing Act 1989;
[F8“secure tenant” has] the same meaning as in Part IV of the M10Housing Act 1985;
[F9“statutory tenant” means a] statutory tenant within the meaning of the M11Rent Act 1977 or the M12Rent (Agriculture) Act 1976;
“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;
“urban development corporation” has the same meaning as in the Housing Act 1985 and includes any body established by order under section 165B of the M13Local Government, Planning and Land Act 1980.
Textual Amendments
F4Words in s. 101 inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 1(2), Sch. 1 para. 50(a) (with Sch. 2) (see S.I. 2008/3068, art. 2(1)(b))
F5S. 101: definitions repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 34(a), Sch. 6 (with art. 11(2))
F6Words in s. 101 omitted (1.12.2008) by virtue of The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 1(2), Sch. 1 para. 50(b) (with Sch. 2) (see S.I. 2008/3068, art. 2(1)(b))
F7S. 101: words in definition of "owner" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 34(b), Sch. 6 (with art. 11(2))
F8S. 101: words in definition of "secure tenancy" and "secure tenant" substituted (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), Sch. 3 para. 34(c) (with art. 11(2))
F9S. 101: words in definition of "statutory tenancy" and "statutory tenant" substituted (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), Sch. 3 para. 34(d) (with art. 11(2))
Commencement Information
I1S. 101 wholly in force; s. 101 not in force at Royal Assent see s. 150; s. 101 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 101 in force insofar as not already in force at 17.12.1996 by S.I. 1997/2842, art. 3
Marginal Citations