Housing Act 1985

398 Meaning of “lessee”, “owner”, “person, having control” and similar expressions. E+W

(1) In this Part the expressions “lessee”, “owner” “person having an estate or interest”, “person having control”, and “person managing” shall be construed as follows.

(2) “Lessee” includes a statutory tenant of the premises, and references to a lease or to a person to whom premises are let shall be construed accordingly.

(3) “Owner”—

(a) means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple of the premises whether in possession or in reversion, and

(b) includes also a person holding or entitled to the rents and profits of the premises under a lease having an unexpired term exceeding three years.

(4) “Person having an estate or interest” includes a statutory tenant of the premises.

(5) “Person having control” means the person who receives the rack-rent of the premises, whether on his own account or as agent or trustee of another person, or who would so receive it if the premises were let at a rack-rent (and for this purpose a “rack-rent” means a rent which is not less than 2/3rds of the full net annual value of the premises).

(6) “Person managing”—

(a) means the person who, being an owner or lessee of the premises, receives, directly or through an agent or trustee, rents or other payments from persons who are tenants of parts of the premises, or who are lodgers, and

(b) includes, where those rents or other payments are received through another person as agent or trustee, that other person.

Modifications etc. (not altering text)

C1 S. 398 applied (17.12.1996) by 1996 c. 53, s. 82(1)(b); S.I. 1996/2842, art. 3 (with transitional, supplementary and saving provisions in arts. 5-8)

C2 By S.I. 1990/830, arts. 2(1), 3 it is provided that for the purposes of section 369 of the Housing Act 1985 the definition of “person managing” in section 398(6) of the Act shall be varied by the insertion of the words “; and for the purposes of the foregoing paragraphs, where rents or other payments are received by means of a payment made on behalf of any person, they shall be treated as rents or other payments received from that person.”