Landlord and Tenant Act 1985

Supplementary provisions E+W

31A Jurisdiction of leasehold valuation tribunal. E+W

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Ss. 31A-31C repealed (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 180, 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 (subject to Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 (subject to Sch. 2)

31B Leasehold valuation tribunal: applications and fees. E+W

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Ss. 31A-31C repealed (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 180, 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 (subject to Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 (subject to Sch. 2)

31C Transfer of cases from county court. E+W

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Ss. 31A-31C repealed (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 180, 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 (subject to Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 (subject to Sch. 2)

32 Provisions not applying to tenancies within Part II of the Landlord and Tenant Act 1954. E+W

(1) The following provisions do not apply to a tenancy to which Part II of the M1 Landlord and Tenant Act 1954 (business tenancies) applies—

• [F4 sections 1 to 3A] (information to be given to tenant),

• section 17 (specific performance of landlord’s repairing obligations).

(2) Section 11 (repairing obligations) does not apply to a new lease granted to an existing tenant, or to a former tenant still in possession, if the new lease is a tenancy to which Part II of the Landlord and Tenant Act 1954 applies and the previous lease either is such a tenancy or would be but for section 28 of that Act (tenancy not within Part II if renewal agreed between the parties).

In this subsection “existing tenant”, “former tenant still in possession” and “previous lease” have the same meaning as in section 14(2).

(3) Section 31 (reserve power to limit rents) does not apply to a dwelling forming part of a property subject to a tenancy to which Part II of the M2 Landlord and Tenant Act 1954 applies; but without prejudice to the application of that section in relation to a sub-tenancy of a part of the premises comprised in such a tenancy.

Textual Amendments

F4 Words in s. 32(1) substituted (1.10.1996) by 1996 c. 52, s. 93(2); S.I. 1996/2212, art. 2(2)

Marginal Citations

M1 1954 c. 56.

M2 1954 c. 56.

33 Liability of directors, &c. for offences by body corporate. E+W

(1) Where an offence under this Act which has been committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, or

(b) to be attributable to any neglect on the part of such an officer or person,

he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

34 Power of local housing authority to prosecute. E+W

Proceedings for an offence under any provision of this Act may be brought by a local housing authority.

35 Application to Isles of Scilly. E+W

(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2) An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

36 Meaning of “lease” and “tenancy” and related expressions. E+W

(1) In this Act “lease” and “tenancy” have the same meaning.

(2) Both expressions include—

(a) a sub-lease or sub-tenancy, and

(b) an agreement for a lease or tenancy (or sub-lease or sub-tenancy).

(3) The expressions “lessor” and “lessee” and “landlord” and “tenant”, and references to letting, to the grant of a lease or to covenants or terms, shall be construed accordingly.

37 Meaning of “statutory tenant” and related expressions. E+W

In this Act—

(a) “statutory tenancy” and “statutory tenant” mean a statutory tenancy or statutory tenant within the meaning of the M3 Rent Act 1977 or the M4 Rent (Agriculture) Act 1976; and

(b) “landlord”, in relation to a statutory tenant, means the person who, apart from the statutory tenancy, would be entitled to possession of the premises.

Marginal Citations

M3 1977 c. 42.

M4 1976 c. 80.

38 Minor definitions. E+W

In this Act—

• “address” means a person’s place of abode or place of business or, in the case of a company, its registered office;

• [F5 “arbitration agreement”, “arbitration proceedings” and “arbitral tribunal” have the same meaning as in Part I of the M5 Arbitration Act 1996 [F6 and post-dispute arbitration agreement”, in relation to any matter, means an arbitration agreement made after a dispute about the matter has arisen;];]

• “co-operative housing association” has the same meaning as in the M6 Housing Associations Act 1985;

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• “housing association” has the same meaning as in the Housing Associations Act 1985;

• “local authority” means a district, county [F7 county borough] or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in sections 14(4), 26(1) and 28(6) includes . . . F8 [F9 the Broads Authority][F10 , a police authority established under [F11 section 3 of the Police Act 1996][F12 the Metropolitan Police Authority,]. . . F13 . . . a joint authority established by Part IV of the M7 Local Government Act 1985 [F14 , an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)][F15 and the London Fire and Emergency Planning Authority];

• “local housing authority” has the meaning given by section 1 of the M8 Housing Act 1985;

• “new town corporation” means—

(a) a development corporation established by an order made, or treated as made, under the M9 New Towns Act 1981,

[F16 (b) the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008, or

(c) the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981;]

• “protected tenancy” has the same meaning as in the Rent Act 1977;

• [F17 “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act);.]

• “restricted contract” has the same meaning as in the Rent Act 1977;

• “urban development corporation” has the same meaning as in Part XVI of the M10 Local Government, Planning and Land Act 1980.

Textual Amendments

F5 Definition in s. 38 inserted (1.9.1997) by 1996 c. 52, s. 83(5); S.I. 1997/1851, art. 2

F6 Words in s. 38 inserted (30.9.2003 for E. and 30.3.2004 for W.) by virtue of 2002 c. 15, ss. 155(2), 181(1); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F7 Words in s. 38 inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 7 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F8 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F9 Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 23(2), 27(2), Sch. 6 para. 26

F10 Words in s. 38 inserted (1.10.1994 subject to modifications in art. 6(3)-(6) of S.I. 1994/2025 and otherwise 1.4.1995 by S.I. 1994/3262) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 60; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

F11 Words in s. 38 substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(x)

F12 Words in s. 38 inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 53 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F13 Word in s. 38 repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. VIII (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(i)

F14 S. 38: Words in definition of 'local authority' inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 42; S.I. 2008/917, art. 2(p)

F15 Words in s. 38 inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 44 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F16 S. 38(b)(c) substituted for s. 38(b) and preceding word (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 36; S.I. 2008/3068, art. 2(1)(w) (with arts. 6-13)

F17 Definition in s. 38 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 16(4)

Modifications etc. (not altering text)

C1 S. 38 extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(y)

Marginal Citations

M5 1996 c. 23.

M6 1985 c. 69.

M7 1985 c. 51

M8 1985 c. 68.

M9 1981 c. 64.

M10 1980 c. 65.

39 Index of defined expressions. E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Act (other than provisions) defining or explaining an expression in the same section):

address	section 38
[F18 arbitration agreement, arbitration proceedings and [F19 , arbitral tribunal and post-dispute arbitration agreement]	section 38]
co-operative housing association	section 38
dwelling	section 38
dwelling-house (in the provisions relating to repairing obligations)	section 16
fit for human habitation	section 10
flat (in the provisions relating to service charges)	section 30
housing association	section 38
landlord—
(generally)	section 36(3)
(in sections 1 and 2)	section 1(3)
(in the provisions relating to rent books)	section 4(3)
(in the provisions relating to service charges)	section 30
(in relation to a statutory tenancy)	section 37(b)
lease, lessee and lessor—
(generally)	section 36
(in the provisions relating to repairing obligations	section 16
local authority	section 38
local housing authority	section 38
new town corporation	section 38
protected tenancy	section 38
[F20 qualified accountant (for the purposes of section 21(6))]	[F20 section 28]
[F21 registered social landlord]	section 38
recognised tenants’ association	section 29
relevant costs (in relation to a service charge)	section 18(2)
restricted contract	section 38
service charge	section 18(1)
statutory tenant	section 37(a)
tenancy and tenant—
(generally)	section 36
(in sections 1 and 2)	section 1(3)
(in the provisions relating to rent books)	section 4(3)
(in the provisions relating to service charges)	section 30
urban development corporation	section 38

Textual Amendments

F18 Words in s. 39 inserted (1.9.1997 subject to saving in Sch. para. 1 of S.I. 1997/1851 and otherwise 11.8.1998 subject to art. 3 of S.I. 1998/1768) by 1996 c. 52, s. 83(6); S.I. 1997/1851, art. 2; S.I. 1998/1768, art. 2

F19 Words in s. 39 substituted (30.9.2003 for E. and 30.3.2004 for W.) by virtue of 2002 c. 15, ss. 155(3), 181(1); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)

F20 S. 39: table entry for 'qualified accountant' omitted (1.12.2008 for certain purposes and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 303, 325, Sch. 12 para. 10 and repealed (prosp.) by s. 321(1), {Sch. 16}; S.I. 2008/3068, art. 4(6) (with arts. 6-13)

F21 Words in s. 39 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 16(5)