Landlord and Tenant Act 1954

21 Meaning of “the landlord” in Part I and provisions as to mesne landlords, etc. E+W

(1) Subject to the provisions of this section, in this Part of this Act the expression “the landlord”, in relation to a tenancy (in this section referred to as “the relevant tenancy”), means the person (whether or not he is the immediate landlord) who is the owner of that interest in the property comprised in the relevant tenancy which for the time being fulfils the following conditions, that is to say—

(a) that it is an interest in reversion expectant (whether immediately or not) on the termination of the relevant tenancy, and

(b) that it is either the fee simple or a tenancy the duration of which is at least five years longer than that of the relevant tenancy,

and is not itself in reversion expectant (whether immediately or not) on an interest which fulfils those conditions.

(2) References in this Part of this Act to a notice to quit given by the landlord are references to a notice to quit given by the immediate landlord.

(3) For the purposes of subsection (1) of this section the question whether a tenancy (hereinafter referred to as “the superior tenancy”) is to be treated as having a duration at least five years longer than that of the relevant tenancy shall be determined as follows:—

(a) if the term date of the relevant tenancy has not passed, the superior tenancy shall be so treated unless it is due to expire at a time earlier than five years after the term date or can be brought to an end at such a time by notice to quit given by the landlord;

(b) if the term date of the relevant tenancy has passed, the superior tenancy shall be so treated unless it is due to expire within five years or can be brought to an end within five years by notice to quit given by the landlord.

(4) In relation to the premises constituting the dwelling-house where the [F1 Rent Act applies] by virtue of subsection (1) of section six of this Act, the expression “the landlord”, as respects any time falling within the period of the statutory tenancy, means the person who as respects those premises is the landlord of the tenant for the purposes of the [F1 Rent Act]:

Provided that in relation to the carrying out of initial repairs, and to any payment for accrued tenant’s repairs, the said expression, as respects any time falling within that period, means the person whose interest in the dwelling-house fulfils the following conditions, that is to say:—

(a) that it is not due to expire within five years and is not capable of being brought to an end within five years by notice to quit given by the landlord, and

(b) that it is not itself in reversion expectant on an interest which is not due to expire or capable of being brought to an end as aforesaid.

(5) The provisions of the Fifth Schedule to this Act shall have effect for the application of this Part of this Act to cases where the immediate landlord of the tenant is not the owner of the fee simple in respect of the premises in question.

(6) Notwithstanding anything in subsection (1) of this section, if at any time the interest which apart from this subsection would be the interest of the landlord is an interest not bound by this Part of this Act and is not the interest of the immediate landlord, then as respects that time the expression “the landlord” means in this Part of this Act (subject to the provisions of subsection (2) of this section) the person (whether or not he is the immediate landlord) who has the interest in the property comprised in the relevant tenancy immediately derived out of the interest not bound by this Part of this Act.

• [F2 In this subsection “interest not bound by this Part of this Act” means an interest which belongs to Her Majesty in right of the Crown and is not under the management of the Crown Estate Commissioners or an interest belonging to a government department or held on behalf of Her Majesty for the purposes of a government department.]

Annotations:

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Amendments (Textual)

F1 Words substituted by Rent Act 1968 (c. 23), Sch. 15 (continued by Rent Act 1977 (c. 42), Sch. 24 para. 30)

F2 Definition substituted by Housing Act 1980 (c. 51), s. 73(4)(b), Sch. 8 para. 9

Modifications etc. (not altering text)

C1 S. 21 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 19(1), 21, 22