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Modifications etc. (not altering text)
C1Pt. VI (ss. 189–208): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)
C2Pt. VI (ss. 189-208) applied (17.12.1996) by 1996 c. 53, s. 90(a); S.I. 1996/2842, art. 3
Textual Amendments
Textual Amendments
In this Part—
[F3“dwelling-house” and “flat”[F4other than in the expression “flat in multiple occupation”] shall be construed in accordance with subsection (2) and “the building”, in relation to a flat, means the building containing the flat]
[F5“house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI]
[F6“occupying tenant”, in relation to a dwelling-house, means a person (other than an owner-occupier) who—
(a)occupies or is entitled to occupy the dwelling-house as a lessee; or
(b)is a statutory tenant of the dwelling-house; or
(c)occupies the dwelling-house as a residence under a restricted contract; or
(d)is a protected occupier, within the meaning of the Rent (Agriculture) Act 1976; or
(e)is a licensee under an assured agricultural occupancy;]
“owner” in relation to premises—
(a)means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or reversion, and
(b)includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years;
[F7“owner-occupier”, in relation to a dwelling-house, means the person who, as owner or lessee under a long tenancy, within the meaning of Part I of the Leasehold Reform Act 1967, occupies or is entitled to occupy the dwelling-house;
“person managing” has the same meaning as in Part XI]
“person having control”, [F8[F9subject to sections 189(1B), 190(1C) and 191],—
(a)in relation to a dwelling-house][F10or house in multiple occupation], means the person who receives the rack-rent of the premises (that is to say, a rent which is not less than 2/3rds of the full net annual value of the premises), whether on his own account or as agent or trustee for another person, or who would so receive it if the [F11premises] were let at such a rack-rent [F12and
(b)in relation to a part of a building to which relates a repair notice served under subsection (1A) of section 189 or section 190, means a person who is an owner in relation to that part of the building (or the building as a whole) and who, in the opinion of the authority by whom the notice is served, ought to execute the works specified in the notice].
[F13“premises” includes a dwelling-house [F14house in multiple occupation] or part of a building and, in relation to any premises, any reference to a person having control shall be construed accordingly]
[F15(2)For the purposes of this Part a “dwelling-house”[F16or house in multiple occupation] includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.]
Textual Amendments
F3Definition substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 12(1)(a)
F4Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(1)
F5Definition inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(1)
F6Definition substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(2)
F7Definitions inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(3)
F8Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 12(1)(b)
F9Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(4)
F10Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(4)
F11Word substituted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 10(2)(9)
F12Word “and” and para. (b) added by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 12(1)(c)
F13Definition inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 12(1)(d)
F14Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(5)
F16Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(6)
Modifications etc. (not altering text)
C3S. 207 applied (17.12.1996) by 1996 c. 53, s. 82(1)(a)(2); S.I. 1996/2842, art. 3
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—
district (of a local housing authority) | section 2(1) |
[F17dwelling-house] | [F17sections 205 and 207] |
fit for human habitation | section 604 |
[F17flat] | [F17section 207] |
[F17house in multiple occupation (and flat in multiple occupation)] | [F17section 345] |
. . . F18 | . . . F18 |
lease, lessee and lessor | section 621 |
local housing authority | section 1, 2(2) |
occupying tenant | [F19section 207] |
owner | section 207 |
[F17owner-occupier] | [F17section 207] |
person having control | section 207 |
[F17person managing] | [F17section 398] |
[F17premises] | [F17section 207] |
. . . F18 | . . . F18 |
repair notice | sections 189 and 190 |
[F17restricted contract] | [F17section 622] |
standard scale (in reference to the maximum fine on summary conviction) | section 622 |
[F17statutory tenant] | [F17section 622] |
unfit for human habitation | section 604 |
Textual Amendments
F17Entries inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 13(c)
F18Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(a), 194(4), Sch. 9 Pt. I para. 13(a), Sch. 12 Pt. II
F19Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I Para. 13(b)