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Landlord and Tenant Act 1985
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Changes over time for: Section 38
Version Superseded: 01/09/1997
Alternative versions:
- 01/02/1991- Amendment
- 01/10/1994- Amendment
- 01/04/1996- Amendment
- 22/08/1996- Amendment
- 01/10/1996- Amendment
- 01/10/1996
Point in time - 01/09/1997- Amendment
- 31/10/1997- Amendment
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- 01/04/2012- Amendment
- 01/07/2013- Amendment
- 26/05/2015- Amendment
- 31/01/2017- Amendment
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- 08/05/2017- Amendment
- 26/12/2023- Amendment
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Landlord and Tenant Act 1985, Section 38 is up to date with all changes known to be in force on or before 16 November 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.
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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;
“co-operative housing association” has the same meaning as in the M1Housing 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 [F1county 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 . . . F2[F3the Broads Authority][F4, a police authority established under [F5section 3 of the Police Act 1996]and]a joint authority established by Part IV of the M2Local Government Act 1985;
“local housing authority” has the meaning given by section 1 of the M3Housing Act 1985;
“new town corporation” means—
(a)a development corporation established by an order made, or treated as made, under the M4New Towns Act 1981, or
(b)the Commission for the New Towns;
“protected tenancy” has the same meaning as in the Rent Act 1977;
[F6“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 M5Local Government, Planning and Land Act 1980.
Textual Amendments
F1Words 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
F2Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F3Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 23(2), 27(2), Sch. 6 para. 26
F4Words 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.
F5Words in s. 38 substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(x)
F6Definition 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)
C1S. 38 extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(y)
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