262Meaning of “lease”, “tenancy”, “occupier” and “owner” etc.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).
And see sections 108 and 117 and paragraphs 3 and 11 of Schedule 7 (which also extend the meaning of references to leases).
(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, are to be construed accordingly.
(4)In this Act “lessee” includes a statutory tenant of the premises; and references to a lease or to a person to whom premises are let are to be construed accordingly.
(5)In this Act any reference to a person who is a tenant under a lease with an unexpired term of 3 years or less includes a statutory tenant as well as a tenant under a yearly or other periodic tenancy.
(6)In this Act “occupier”, in relation to premises, means a person who—
(a)occupies the premises as a residence, and
(b)(subject to the context) so occupies them whether as a tenant or other person having an estate or interest in the premises or as a licensee;
and related expressions are to be construed accordingly.
This subsection F1... has effect subject to any other provision defining “occupier” for any purposes of this Act.
(7)In this Act “owner”, in relation to premises—
(a)means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple of the premises whether in possession or in reversion; and
(b)includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds 3 years.
(8)In this Act “person having an estate or interest”, in relation to premises, includes a statutory tenant of the premises.
(9)In this Act “licence”, in the context of a licence to occupy premises—
(a)includes a licence which is not granted for a consideration, but
(b)excludes a licence granted as a temporary expedient to a person who entered the premises as a trespasser (whether or not, before the grant of the licence, another licence to occupy those or other premises had been granted to him);
and related expressions are to be construed accordingly.
And see sections 108 and 117 and paragraphs 3 and 11 of Schedule 7 (which also extend the meaning of references to licences).
Textual Amendments
F1Words in s. 262(6) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(m), Sch. 25 Pt. 29