|
| |
|
(5) | The fact that this section applies to a converted block of flats (with the result |
| |
that it is a relevant building for the purposes of section 213(1)), does not affect |
| |
the status of the flats in the block, or (if appropriate) any other dwelling in the |
| |
block, as relevant buildings for those purposes. |
| |
(6) | In this section “self-contained flat” has the same meaning as in section 214. |
| 5 |
216 | HMOs: persons not forming a single household |
| |
(1) | This section sets out when persons are to be regarded as not forming a single |
| |
household for the purposes of section 213(1). |
| |
(2) | Persons are to be regarded as not forming a single household unless— |
| |
(a) | they are all members of the same family, or |
| 10 |
(b) | their circumstances are circumstances of a description specified for the |
| |
purposes of this section in regulations made by the appropriate |
| |
| |
(3) | For the purposes of subsection (2)(a) a person is a member of the same family |
| |
| 15 |
(a) | those persons are married to each other or live together as husband and |
| |
wife (or in an equivalent relationship in the case of persons of the same |
| |
| |
(b) | one of them is the parent, grandparent, child, grandchild, brother, |
| |
sister, uncle, aunt, nephew or niece of the other. |
| 20 |
| |
(a) | a relationship by marriage shall be treated as a relationship by blood; |
| |
(b) | a relationship of the half-blood shall be treated as a relationship of the |
| |
| |
(c) | the stepchild of a person shall be treated as his child. |
| 25 |
(5) | Regulations under subsection (2)(b) may, in particular, secure that a group of |
| |
persons are to be regarded as forming a single household only where (as the |
| |
regulations may require) each member of the group has a prescribed |
| |
relationship, or at least one of a number of prescribed relationships, to any one |
| |
| 30 |
(6) | In subsection (5) “prescribed relationship” means any relationship of a |
| |
description specified in the regulations. |
| |
217 | HMOs: persons treated as occupying premises as only or main residence |
| |
(1) | This section sets out when persons are to be treated for the purposes of section |
| |
213(1) as occupying a building or part of a building as their only or main |
| 35 |
| |
(2) | A person is to be treated as so occupying a building or part of a building if it is |
| |
| |
(a) | as the person’s residence for the purpose of undertaking a full-time |
| |
course of further or higher education; |
| 40 |
(b) | as a women’s refuge, or |
| |
(c) | in any other circumstances which are circumstances of a description |
| |
specified for the purposes of this section in regulations made by the |
| |
appropriate national authority. |
| |
|
| |
|
| |
|
Other general interpretation provisions |
| |
218 | Meaning of “appropriate national authority”, “local housing authority” etc. |
| |
(1) | In this Act “the appropriate national authority” means— |
| |
(a) | in relation to England, the Secretary of State; and |
| |
(b) | in relation to Wales, the National Assembly for Wales. |
| 5 |
(2) | In this Act “local housing authority” means, in relation to England— |
| |
| |
(b) | a district council so far as it is not a unitary authority; |
| |
(c) | a London borough council; |
| |
(d) | the Common Council of the City of London (in its capacity as a local |
| 10 |
| |
(e) | the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the |
| |
Middle Temple (in his capacity as a local authority); and |
| |
(f) | the Council of the Isles of Scilly. |
| |
(3) | In subsection (2) “unitary authority” means— |
| 15 |
(a) | the council of a county so far as it is the council for an area for which |
| |
there are no district councils; |
| |
(b) | the council of any district comprised in an area for which there is no |
| |
| |
(4) | In this Act “local housing authority” means, in relation to Wales, a county |
| 20 |
council or a county borough council. |
| |
(5) | References in this Act to “the local housing authority”, in relation to land, are |
| |
to the local housing authority in whose district the land is situated. |
| |
(6) | References in this Act to the district of a local housing authority are to the area |
| |
of the council concerned, that is to say— |
| 25 |
(a) | in the case of a unitary authority, the area or district; |
| |
(b) | in the case of a district council so far as it is not a unitary authority, the |
| |
| |
(c) | in the case of an authority within subsection (1)(c) to (f), the London |
| |
borough, the City of London, the Inner or Middle Temple or the Isles of |
| 30 |
Scilly (as the case may be); and |
| |
(d) | in the case of a Welsh county council or a county borough council, the |
| |
Welsh county or county borough. |
| |
(7) | Section 618 of the Housing Act 1985 (c. 68) (committees and members of |
| |
Common Council of City of London) applies in relation to this Act as it applies |
| 35 |
| |
219 | Meaning of “lease”, “tenancy”, “occupier” and “owner” etc. |
| |
(1) | In this Act “lease” and “tenancy” have the same meaning. |
| |
(2) | Both expressions include— |
| |
(a) | a sub-lease or sub-tenancy; and |
| 40 |
(b) | an agreement for a lease or tenancy (or sub-lease or sub-tenancy). |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| 5 |
| |
(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— |
| 10 |
(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 does not apply for the purposes of Part 5 or sections 199 and |
| 15 |
| |
(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 |
| 20 |
(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— |
| 25 |
(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 |
| |
| 30 |
| and related expressions are to be construed accordingly. |
| |
220 | Meaning of “person having control” and “person managing” etc. |
| |
(1) | In this Act “person having control”, in relation to premises, means (unless the |
| |
context otherwise requires) the person who receives the rack-rent of the |
| |
premises (whether on his own account or as agent or trustee of another |
| 35 |
person), or who would so receive it if the premises were let at a rack-rent. |
| |
(2) | In subsection (1) “rack-rent” means a rent which is not less than two-thirds of |
| |
the full net annual value of the premises. |
| |
(3) | In this Act “person managing” means, in relation to premises, the person who, |
| |
being an owner or lessee of the premises— |
| 40 |
(a) | receives (whether directly or through an agent or trustee) rents or other |
| |
| |
(i) | in the case of a house in multiple occupation, persons who are |
| |
tenants or licensees of parts of the premises; and |
| |
|
| |
|
| |
|
(ii) | in the case of a house to which Part 3 applies (see section 76(2)), |
| |
persons who are tenants or licensees of parts of the premises, or |
| |
of the whole of the premises; or |
| |
(b) | would so receive those rents or other payments but for having entered |
| |
into an arrangement (whether in pursuance of a court order or |
| 5 |
otherwise) with another person who is not an owner or lessee of the |
| |
premises by virtue of which that other person receives the rents or other |
| |
| |
| and includes, where those rents or other payments are received through |
| |
another person as agent or trustee, that other person. |
| 10 |
(4) | In its application to Part 1, subsection (3) has effect with the omission of |
| |
| |
(5) | References in this Act to any person involved in the management of a house in |
| |
multiple occupation or a Part 3 house (see section 76(2)) include references to |
| |
| 15 |
| |
221 | Minor and consequential amendments |
| |
(1) | Schedule 12 (which contains minor and consequential amendments) has effect. |
| |
(2) | The Secretary of State may by order make such supplementary, incidental or |
| |
consequential provision as he considers appropriate— |
| 20 |
(a) | for the general purposes, or any particular purpose, of this Act; or |
| |
(b) | in consequence of any provision made by or under this Act or for giving |
| |
| |
(3) | An order under subsection (2) may modify any enactment (including this Act). |
| |
“Enactment” includes an enactment comprised in subordinate legislation |
| 25 |
(within the meaning of the Interpretation Act 1978 (c. 30). |
| |
(4) | The power conferred by subsection (2) is also exercisable by the National |
| |
Assembly for Wales in relation to provision dealing with matters with respect |
| |
to which functions are exercisable by the Assembly. |
| |
(5) | Nothing in this Act affects the generality of the power conferred by this section. |
| 30 |
| |
Schedule 13 (which contains repeals) has effect. |
| |
| |
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) |
| |
Order 1999 (S.I. 1999/672) references to the following Acts are to be treated as |
| 35 |
references to those Acts as amended by virtue of this Act— |
| |
(a) | the Housing Act 1985 (c. 68); |
| |
(b) | the Housing Act 1988 (c. 50); |
| |
(c) | the Housing Act 1996 (c. 52). |
| |
|
| |
|