Local Government and Housing Act 1989

138 Interpretation of Part VIII. E+W

(1) In this Part, except where the context otherwise requires,—

• “agricultural population” means—

  (a)

  persons whose employment or latest employment is or was employment inagriculture or in an industry mainly dependent on agriculture, and

  (b)

  the dependents of those persons;

  and for this purpose “agriculture” includes dairy-farming and poultry-farming andthe use of land as grazing, meadow or pasture land, or orchard or osier landor woodland, or for market gardens or nursery grounds;

• “certified date” means the date certified by the localhousing authority as the date on which the execution of the eligible works iscompleted to their satisfaction;

• “charity” does not include a [F1 registered social landlord]but, subject to that, has the same meaning as in the [F2 the Charities Act 1993];

• “common parts”, in relation to a building, includes thestructure and exterior of the building and common facilities provided, whetherin the building or elsewhere, for persons who include the occupiers of one or more flats in the building;

• “disabled person” has the meaning assigned by section 114(6)above;

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

• “the eligible works” shall be construed in accordance withsection 116(2)(a) above;

• “the estimated expense” shall be construed in accordance withsection 116(2) above;

• “flat”, in relation to a building, means a dwelling which isa separate set of premises, whether or not on the same floor, dividedhorizontally from some other part of the building;

• “group repair scheme” has the meaning assigned by section127(1) above;

• “house in multiple occupation” has the same meaning as inPart VII above;

• “improvement” includes alteration and enlargement;

• “initial period” means the period of five years beginningwith the certified date;

• “landlord’s common parts application” has the meaningassigned by section 105(2)(b) above;

• “local housing authority” has the same meaning as in the M1 Housing Act 1985;

• “long tenancy” has the meaning assigned by section 115 ofthat Act;

• “occupying tenant” has the meaning assigned by section105(2)(a) above;

• “owner”, in relation to a dwelling, means the personwho—

(a) is for the time being entitled to receive from a lessee of the dwelling(or would be so entitled if the dwelling were let) a rent of not less thantwo-thirds of the net annual value of the dwelling; and

(b) is not himself liable as lessee of the dwelling, or of property whichincludes the dwelling, to pay such a rent to a superior landlord;

• and, in relation to a house in multiple occupation, “owner” has the same meaning as in Part XI of the Housing Act1985;

• “owner’s interest” has the meaning assigned by section 104(2)above;

• “participating landlord” has the meaning assigned by section105(3) above;

• “preliminary or ancillary services and charges” has themeaning assigned by section 102(3) above;

• “prescribed” means prescribed by regulations made by theSecretary of State;

• [F3 “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4)and (5) of that Act);]

• “the relevant works” has the meaning assigned by section102(2)(a) above;

• “tenancy” includes a sub-tenancy and an agreement for atenancy or sub-tenancy;

• “tenant” includes a sub-tenant and any person deriving titleunder the original tenant or sub-tenant;

• “tenants’ common parts application” has the meaning assignedby section 105(2)(c) above.

(2) Section 113 of the M2 Housing Act 1985 (meaning of “members of a person’s family") shall apply in determining whether aperson is a member of another’s family for the purposes of this Part.

Textual Amendments

F1 S. 138(1): words in definition of

“charity”

substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 19(5)(a)

F2 Words in s. 138(1) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 30

F3 S. 138(1): definition of

“registered social landlord”

inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 19(5)(b)

Marginal Citations

M1 1985 c. 68.

M2 1985 c. 68.