Leasehold Reform, Housing and Urban Development Act 1993

38 Interpretation of Chapter I.E+W

(1)In this Chapter (unless the context otherwise requires)—

  • [F1“appropriate tribunal” means—

    (a)

    in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

    (b)

    in relation to premises in Wales, a leasehold valuation tribunal.]

  • “conveyance” includes assignment, transfer and surrender, and related expressions shall be construed accordingly;

  • “the initial notice” means the notice given under section 13;

  • [F2“introductory standard contract” has the same meaning given by section 16 of the Renting Homes (Wales) Act 2016 (anaw 1);]

  • [F3“introductory tenancy” has the same meaning as in Chapter 1 of Part V of the Housing Act 1996,]

  • “the nominee purchaser” shall be construed in accordance with section 15;

  • “the participating tenants” shall be construed in accordance with section 14;

  • “premises with a resident landlord” shall be construed in accordance with section 10;

  • “public sector landlord” means any of the persons listed in section 171(2) of the M1Housing Act 1985;

  • “qualifying tenant” shall be construed in accordance with section 5;

  • “the relevant date” has the meaning given by section 1(8);

  • “relevant landlord” and “the reversioner” shall be construed in accordance with section 9;

  • “the right to collective enfranchisement” means the right specified in section 1(1);

  • [F2“secure contract” has the same meaning given by section 8 of the Renting Homes (Wales) Act 2016;]

  • “secure tenancy” has the meaning given by section 79 of the Housing Act 1985;

  • “the specified premises” shall be construed in accordance with section 13(12);

  • “the terms of acquisition” has the meaning given by section 24(8);

  • “unit” means—

    (a)

    a flat;

    (b)

    any other separate set of premises which is constructed or adapted for use for the purposes of a dwelling; or

    (c)

    a separate set of premises let, or intended for letting, on a business lease.

(2)Any reference in this Chapter (however expressed) to the acquisition or proposed acquisition by the nominee purchaser is a reference to the acquisition or proposed acquisition by the nominee purchaser, on behalf of the participating tenants, of such freehold and other interests as fall to be so acquired under a contract entered into in pursuance of the initial notice.

(3)Any reference in this Chapter to the interest of a relevant landlord in the specified premises is a reference to the interest in those premises by virtue of which he is, in accordance with section 9(2)(b) [F4or (2A)(b)], a relevant landlord.

(4)Any reference in this Chapter to agreement in relation to all or any of the terms of acquisition is a reference to agreement subject to contract.

Textual Amendments

F3Definition in s. 38(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(b)

F4Words in s. 38(3) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 13; S.I. 1996/2212, art. 2(2) (with savings in Sch.)

Marginal Citations