Part II Protection Against Insecurity of Tenure of Place of Residence

Protection during service other than short period of training

23 Interpretation of Part II.

(1)

In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

“agricultural land” has the same meaning as F1it has for the purposes of F2section 26 of the M1Rent Act 1977;

F3“assured tenancy” has the same meaning as in Part I of the Housing Act 1988

“Crown interest” means an interest belonging to His Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or to a Government department, or held on behalf of His Majesty for the purposes of a Government department;

“dependant”, in relation to a service man, means—

  1. (a)

    his F4spouse or civil partner, and

  2. (b)

    any other member of his family who was wholly or mainly maintained by him immediately before the beginning of the period of service in question;

“ F5fixed term tenancy” means any tenancy other than a periodic tenancy

F6in relation to a statutory tenancy or to a provision of the Rent Act 1977 “landlord” and “tenant” have the same meaning as in that Act but, subject to that, those expressions have the same meaning as in Part I of the Housing Act 1988;

“policeman service man” means a service man who, immediately before beginning the period of relevant service in question, was a member of a police force;

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8“relevant local policing body” or “relevant police authority” means, in relation to a police force F9. . ., F10the local policing body or the police authority F11. . . responsible for the maintenance of that force;

F12“statutory periodic tenancy” has the same meaning as in Part I of the Housing Act 1988

“statutory tenancy” means a right to retain possession of premises after the ending of a tenancy thereof, being a right arising on the ending of that tenancy from the operation of F13the M2Rent Act 1977 (or of F14the Rent Act 1977 as extended by this Part of this Act) in relation to a person as being, or being the F15surviving spouse or surviving civil partner of or otherwise related to, the former owner of the tenancy, or a right to retain possession of premises arising by virtue of subsection (1) of section eighteen of this Act;

“tenancy” includes a statutory tenancy, and, apart from a statutory tenancy, means a tenancy created either immediately or derivatively out of the freehold, whether by a lease or underlease, by an agreement for a lease or underlease or by a tenancy agreement, but does not include any relationship between a mortgagor and a mortgagee as such.

F16(1A)

Any reference in this Part of this Act to Chapter I of Part I of the Housing Act 1988 includes a reference to the General Provisions of Chapter VI of that Part, so far as applicable to Chapter I.

(2)

In this Part of this Act—

(a)

references to the ending of a tenancy are references to the coming to an end thereof however brought about, whether by effluxion of time, notice to quit or otherwise, and in particular, as respects a statutory tenancy, include references to the coming to an end thereof as between the tenant and a landlord who is himself a tenant by reason of the ending of the tenancy of the landlord;

(b)

references to a tenancy vested in any person include references to a tenancy vested in trustees, or held as part of the estate of a deceased person, where the first-mentioned person has a right or permission to occupy the premises arising by reason of a beneficial interest (whether direct or derivative) under the trusts or, as the case may be, in the estate of the deceased person or under trusts of which the deceased person was trustee.

(3)

In this Part of this Act, and in F17the Rent Act 1977 F18or Chapter I of Part I of the Housing Act 1988 as applied by any provision thereof, references to rent shall be construed as including references to any sum in the nature of rent payable in respect of such a licence as is mentioned in section eighteen of this Act.

23 Interpretation of Part II.

(1)

In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

“agricultural land” has the same meaning as in F19section F20115(1) of the Rent (Scotland) Act F201984;

F21“assured tenancy”; and “statutory assured tenancy” have the same meaning as in Part II of the Housing (Scotland) Act 1988

“Crown interest” means an interest belonging to His Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or to a Government department, or held on behalf of His Majesty for the purposes of a Government department;

“dependant” in relation to a service man, means—

  1. (a)

    his F4spouse or civil partner, and

  2. (b)

    any other member of his family who was wholly or mainly maintained by him immediately before the beginning of the period of service in question;

F22in relation to a statutory tenancy or to a provision of the Rent (Scotland) Act 1984 “landlord” and “tenant” have the same meaning as in that Act but, subject to that, those expressions have the same meaning as in Part II of the Housing (Scotland) Act 1988

“policeman service man” means a service man who, immediately before beginning the period of relevant service in question, was a member of a police force;

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8“relevant local policing body” or “relevant police authority” means, in relation to a police force F24. . ., F10the local policing body or the police authority F25. . . responsible for the maintenance of that force;

“statutory tenancy” means a right to retain possession of premises after the ending of that tenancy from the operation of F26the Rent (Scotland) Act F201984 (or of F26the Rent (Scotland) Act F201984 as extended by this Part of this Act) in relation to a person as being, or being the F15surviving spouse or surviving civil partner of or otherwise related to, the former owner of the tenancy, or right to retain possession of premises arising by virtue of subsection (1) of section eighteen of this Act;

“tenancy” includes a statutory tenancy, and, apart from a statutory tenancy, means a tenancy created either immediately or derivatively out of the freehold, whether by a lease or underlease, by an agreement for a lease or underlease or by a tenancy agreement, but does not include any relationship between a mortgagor and mortgagee as such.

F27(1A)

Any reference in this Part of this Act to sections 12 to 31 of the Housing (Scotland) Act 1988 includes a reference to sections 47 to 55 of that Act so far as applicable to those sections.

(2)

In this Part of this Act—

(a)

references to the ending of a tenancy are references to the coming to an end thereof however brought about, whether by effluxion of time, notice to quit or otherwise, and in particular, as respects a statutory tenancy, include references to the coming to an end thereof as between the tenant and a landlord who is himself a tenant by reason of the ending of the tenancy of the landlord;

(b)

references to a tenancy vested in any person include references to a tenancy vested in trustees, or held as part of the estate of a deceased person, where the first-mentioned person has a right or permission to occupy the premises arising by reason of a beneficial interest (whether direct or derivative) under the trusts or, as the case may be, in the estate of the deceased person or under trusts of which the deceased person was trustee.

(3)

In this Part of this Act, and in F19the Rent (Scotland) Act F281984 F29or sections 12 to 31 of the Housing (Scotland) Act 1988 as applied by any provision thereof, references to rent shall be construed as including references to any sum in the nature of rent payable in respect of such a licence as is mentioned in section eighteen of this Act.