PART VI E+W REPAIR NOTICES

Modifications etc. (not altering text)

C1 Pt. VI (ss. 189–208): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

C2 Pt. VI (ss. 189-208) applied (17.12.1996) by 1996 c. 53, s. 90(a); S.I. 1996/2842, art. 3

Supplementary provisions E+W

207 Minor definitions. E+W

In this Part—

• [F1 “dwelling-house” and “flat”[F2 other 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]

• [F3 “house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI]

• [F4 “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;

• [F5 “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”, [F6 [F7 subject to sections 189(1B), 190(1C) and 191],—

(a) in relation to a dwelling-house][F8 or 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 [F9 premises] were let at such a rack-rent [F10 and

(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].

• [F11 “premises” includes a dwelling-house [F12 house 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]

[F13 (2) For the purposes of this Part a “dwelling-house”[F14 or 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

F1 Definition substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 12(1)(a)

F2 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(1)

F3 Definition inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(1)

F4 Definition substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(2)

F5 Definitions inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(3)

F6 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 12(1)(b)

F7 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(4)

F8 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(4)

F9 Word substituted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 10(2)(9)

F10 Word “and” and para. (b) added by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 12(1)(c)

F11 Definition inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 12(1)(d)

F12 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 12(5)

F13 S. 207(2) inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 12(2)

F14 Words 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)

C3 S. 207 applied (17.12.1996) by 1996 c. 53, s. 82(1)(a)(2); S.I. 1996/2842, art. 3