Housing Act 1988

12 (1) In section 207 (definitions)—

(a) for the definition beginning “house” there shall be substituted—

““dwelling-house” and “flat” shall be construed in accordance with subsection (2) and “the building”, in relation to a flat, means the building containing the flat”;

(b) in the definition of “person having control” for the words “in relation to premises” there shall be substituted “subject to section 191(3A),—

(a) in relation to a dwelling-house”;

(c) at the end of that definition there shall be added “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”; and

(d) after the definition of “person having control” there shall be inserted—

““premises” includes a dwelling-house or part of a building and, in relation to any premises, any reference to a person having control shall be construed accordingly”.

(2) At the end of that section there shall be inserted the following subsection—

“(2) For the purposes of this Part a “dwelling-house” 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.”