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Landlord and Tenant Act 1987

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58 Exempt landlords and resident landlords.E+W

(1)In this Act “exempt landlord” means a landlord who is one of the following bodies, namely—

(a)a district, county [F1, county borough] or London borough council, [F2a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] [F3[F4the London Fire and Emergency Planning Authority,]] [F3the London Fire Commissioner,] the Council of the Isles of Scilly, [F5a police and crime commissioner, the Mayor's Office for Policing and Crime] F6. . . F7. . . , [F8a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 or a combined authority established under section 103 of that Act;]

(b)F9... a development corporation established by an order made (or having effect as if made) under the M1New Towns Act 1981;

[F10(ba)a Mayoral development corporation;]

(c)an urban development corporation within the meaning of Part XVI of the M2Local Government, Planning and Land Act 1980;

[F11(ca)a housing action trust established under Part III of the Housing Act 1988.]

F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(dd)the Broads Authority;]

[F14(de)a National Park authority;]

[F15(df)the Homes and Communities Agency;]

[F16(dg)the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions;]

(e)the [F17Regulator of Social Housing];

F18(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a housing trust (as defined in section 6 of the M3Housing Act 1985) which is a charity;

[F19(g)a non-profit private registered provider of social housing;

(ga)a registered social landlord;

(gb)a fully mutual housing association which is neither a private registered provider of social housing nor a registered social landlord;]

(h)an authority established under section 10 of the M4Local Government Act 1985 (joint arrangements for waste disposal functions).

[F20(1ZA)In this Act “exempt landlord”, in relation to social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008), includes a landlord which is a profit-making private registered provider of social housing.]

[F21(1A)In subsection (1)(ga) “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act).

(1B)In subsection (1)(gb) “fully mutual housing association” has the same meaning as in the Housing Associations Act 1985 (see section 1(1) and (2) of that Act).]

(2)For the purposes of this Act the landlord of any premises consisting of the whole or part of a building is a resident landlord of those premises at any time if—

(a)the premises are not, and do not form part of, a purpose-built block of flats; and

(b)at that time the landlord occupies a flat contained in the premises as his only or principal residence; and

(c)he has so occupied such a flat throughout a period of not less than 12 months ending with that time.

(3)In subsection (2) “purpose-built block of flats” means a building which contained as constructed, and contains, two or more flats.

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Amendments (Textual)

F1Words in s. 58(1)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 8 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.

F2Words in s. 58(1)(a) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 54; S.I. 2017/399, reg. 2, Sch. para. 38

F3Words in s. 58(1)(a) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 79

F4Words in s. 58(1)(a) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 48 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F10S. 58(1)(ba) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 22

F12S. 58(1)(d) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F14S. 58(1)(de) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 26 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F18S. 58(1)(ea) repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C2S. 58(1) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 25(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

S. 58(1) extended (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 11

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