Landlord and Tenant Act 1985

Changes to legislation:

Landlord and Tenant Act 1985, Section 38 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 13(1AB) inserted by 2016 c. 22 Sch. 7 para. 18(2)

38 Minor definitions. E+W

In this Act—

“address” means a person’s place of abode or place of business or, in the case of a company, its registered office;
[F1“appropriate tribunal” means—
(a)
in relation to a dwelling in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
(b)
in relation to a dwelling in Wales, a leasehold valuation tribunal;]
[F2 “arbitration agreement”, “arbitration proceedings” and “arbitral tribunal” have the same meaning as in Part I of the M1 Arbitration Act 1996 [F3 and post-dispute arbitration agreement”, in relation to any matter, means an arbitration agreement made after a dispute about the matter has arisen;];]
“co-operative housing association” has the same meaning as in the M2Housing Associations Act 1985;
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
“housing association” has the same meaning as in the Housing Associations Act 1985;
“local authority” means a district, county [F4county borough] or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in sections 14(4), 26(1) and 28(6) includes . . . F5[F6the Broads Authority] [F7, a police and crime commissioner, the Mayor's Office for Policing and Crime],. . . F8. . . a joint authority established by Part IV of the M3Local Government Act 1985 [F9an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, [F10a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023,] a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] F11... [F12and the London Fire Commissioner];
“local housing authority” has the meaning given by section 1 of the M4Housing Act 1985;
“new town corporation” means—

(a)a development corporation established by an order made, or treated as made, under the M5New Towns Act 1981,

[F13(b)the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008,

[F14(ba)the Greater London Authority so far as exercising its new towns and urban development functions, or]

(c)the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981;]

“protected tenancy” has the same meaning as in the Rent Act 1977;
[F15“registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act);]
“restricted contract” has the same meaning as in the Rent Act 1977;
“urban development corporation” has the same meaning as in Part XVI of the M6Local Government, Planning and Land Act 1980.

Textual Amendments

F1Definition in s. 38 inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 56 (with Sch. 3)

F2Definition in s. 38 inserted (1.9.1997) by 1996 c. 52, s. 83(5); S.I. 1997/1851, art. 2

F3Words in s. 38 inserted (30.9.2003 for E. and 30.3.2004 for W.) by virtue of 2002 c. 15, ss. 155(2), 181(1); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)