- Latest available (Revised)
- Original (As enacted)
Landlord and Tenant Act 1987, Section 58 is up to date with all changes known to be in force on or before 15 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(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, [F2a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] [F3the London Fire Commissioner,] the Council of the Isles of Scilly, [F4a police and crime commissioner, the Mayor's Office for Policing and Crime] F5... F6..., [F7a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 [F8, a combined authority established under section 103 of that Act or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023];]
(b)F9... a development corporation established by an order made (or having effect as if made) under the M1New Towns Act 1981;
[F10(ba)a Mayoral development corporation;]
(c)an urban development corporation within the meaning of Part XVI of the M2Local Government, Planning and Land Act 1980;
[F11(ca)a housing action trust established under Part III of the Housing Act 1988.]
F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13(dd)the Broads Authority;]
[F14(de)a National Park authority;]
[F15(df)the Homes and Communities Agency;]
[F16(dg)the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions;]
(e)the [F17Regulator of Social Housing];
F18(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)a housing trust (as defined in section 6 of the M3Housing Act 1985) which is a charity;
[F19(g)a non-profit private registered provider of social housing;
(ga)a registered social landlord;
(gb)a fully mutual housing association which is neither a private registered provider of social housing nor a registered social landlord;]
(h)an authority established under section 10 of the M4Local Government Act 1985 (joint arrangements for waste disposal functions).
[F20(1ZA)In this Act “exempt landlord”, in relation to social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008), includes a landlord which is a profit-making private registered provider of social housing.]
[F21(1A)In subsection (1)(ga) “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act).
(1B)In subsection (1)(gb) “fully mutual housing association” has the same meaning as in the Housing Associations Act 1985 (see section 1(1) and (2) 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.
F2Words in s. 58(1)(a) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 54; S.I. 2017/399, reg. 2, Sch. para. 38
F3Words in s. 58(1)(a) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 79; S.I. 2018/227, reg. 4(c)
F4Words in s. 58(1)(a) substituted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 176; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 52)
F5Words in s. 58(1) repealed (1.4.2002) by 2001 c. 16, ss. 128(1), 137, 138(2), Sch. 6 para. 70, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m)
F6Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F7Words in s. 58(1)(a) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 72; S.I. 2009/3318, art. 2(c)
F8Words in s. 58(1)(a) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 90 (with s. 247)
F9Words in s. 58(1)(b) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 40(a), Sch. 16; S.I. 2008/3068, art. 2(1)(w)(3)5, Sch. (with arts. 6-13)
F10S. 58(1)(ba) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 22
F11S. 58(1)(ca) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 119, Sch. 13 para. 7
F12S. 58(1)(d) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
F13S. 58(1)(dd) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), Sch. 6 para. 28
F14S. 58(1)(de) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 26 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F15S. 58(1)(df) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 40(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)
F16S. 58(1)(dg) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 23; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F17Words in s. 58(1)(e) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 62(2)(a) (with art. 6, Sch. 3)
F18S. 58(1)(ea) repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F19S. 58(1)(g)(ga)(gb) substituted for s. 58(1)(g) (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 62(2)(b) (with art. 6, Sch. 3)
F20S. 58(1ZA) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 62(3) (with art. 6, Sch. 3)
F21S. 58(1A)(1B) substituted for s. 58(1A) (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 62(4) (with art. 6, Sch. 3)
Modifications etc. (not altering text)
C1S. 58 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 12
C2S. 58(1) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 25(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 58(1) extended (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 11
C3S. 58(1)(e) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1 (with art. 6)
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: