Housing Act 2004

177 Interpretation of Part 5

(1) In this Part—

• “ancillary land”, in relation to a dwelling-house or a sub-divided building, means any land intended to be occupied and enjoyed together with that dwelling-house or building;

• “long lease” means—

  (a)

  a lease granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture; or

  (b)

  a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease;

  and for this purpose “lease” does not include a mortgage term;

• “potential buyer” means a person who claims that he is or may become interested in buying a residential property;

• “sale”, in relation to a residential property, means a disposal, or agreement to dispose, by way of sale of—

  (a)

  the freehold interest;

  (b)

  the interest under a long lease;

  (c)

  an option to acquire the freehold interest or the interest under a long lease;

  and “seller” means a person contemplating disposing of such an interest (and related expressions shall be construed accordingly).

(2) Any reference in the definition of “sale” to the disposal of an interest of a kind mentioned in that definition includes a reference to the creation of such an interest.

(3) A document which is not in electronic form is only to be regarded for the purposes of this Part as being under the control of a person while it is in the possession of another if he has the right to take immediate possession of the document on demand (and without payment).

(4) A document held in electronic form is only to be regarded for the purposes of this Part as being in a person’s possession or under his control if he is readily able (using equipment available to him)—

(a) to view the document in a form that is visible and legible; and

(b) to produce copies of it in a visible and legible documentary form.