Housing Act 2004

Chapter 4 E+W Supplementary provisions

145 Supplementary provisions E+W

(1) The appropriate national authority may by regulations make such provision as it considers appropriate for supplementing the provisions of Chapter 1 or 2 in relation to cases where a local housing authority are to be treated as the lessee under a lease under—

(a) section 107(5) or 116(5), or

(b) paragraph 2(6) or 10(6) of Schedule 7.

(2) Regulations under this section may, in particular, make provision—

(a) as respects rights and liabilities in such cases of—

(i) the authority,

(ii) the person who (apart from the relevant provision mentioned in subsection (1)) is the lessee under the lease, or

(iii) other persons having an estate or interest in the premises demised under the lease;

(b) requiring the authority to give copies to the person mentioned in paragraph (a)(ii) of notices and other documents served on them in connection with the lease;

(c) for treating things done by or in relation to the authority as done by or in relation to that person, or vice versa.

Commencement Information

I1 S. 145 wholly in force at 16.6.2006; s. 145 in force for certain purposes at Royal Assent see s. 270(2)(b); s. 145 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); s. 145 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

146 Interpretation and modification of this Part E+W

(1) In this Part—

• “HMO” means a house in multiple occupation as defined by sections 254 to 259,

• “Part 3 house” means a house to which Part 3 of this Act applies (see section 79(2)),

and any reference to an HMO or Part 3 house includes (where the context permits) a reference to any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, it (or any part of it).

(2) For the purposes of this Part “mortgage” includes a charge or lien, and “mortgagee” is to be read accordingly.

(3) The appropriate national authority may by regulations provide for—

(a) any provision of this Part, or

(b) section 263 (in its operation for the purposes of any such provision),

to have effect in relation to a section 257 HMO with such modifications as are prescribed by the regulations.

(4) A “section 257 HMO” is an HMO which is a converted block of flats to which section 257 applies.

Commencement Information

I2 S. 146 wholly in force at 16.6.2006; s. 146 in force for certain purposes at Royal Assent see s. 270(2)(b); s. 146 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); s. 146 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

147 Index of defined expressions: Part 4 E+W

The following table shows where expressions used in this Part are defined or otherwise explained.

Expression	Provision of this Act
Appropriate national authority	Section 261(1)
Dwelling	Section 132(4)(a) and (b)
Final EDMO	Section 132(1)(b)
Final management order	Section 101(4)
Health	Section 2(5)
HMO	Section 146(1)
The house	Section 101(5) or 103(8)
Immediate landlord	Section 109(6) or 118(6)
Interim EDMO	Section 132(1)(a)
Interim management order	Section 101(3)
Landlord	Section 262(3)
Lease, lessee, etc.	Section 262(1) to (4)
Licence (to occupy premises)	Section 262(9)
Local housing authority	Section 261(2) to (5)
Modifications	Section 250(7)
Mortgage, mortgagee	Section 146(2)
Occupier (and related expressions)	Section 262(6)
Owner	Section 262(7)
Part 3 house	Section 146(1)
Person having control	Section 263(1) and (2)
Person having estate or interest	Section 262(8)
Person managing	Section 263(3)
Relevant proprietor	Section 132(4)(c) and (5)
Rent or other payments (in Chapter 2)	Section 132(4)(e)
Residential property tribunal	Section 229
Tenancy, tenant, etc.	Section 262(1) to (5)
Third party (in Chapter 1)	Section 101(7)
Third party (in Chapter 2)	Section 132(4)(d).

Commencement Information

I3 S. 147 wholly in force at 16.6.2006; s. 147 not in force at Royal Assent see s. 270(4)(5); s. 147 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); s. 147 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)