79Meaning of “landlord” and “duty holders” for relevant HMO(1)

This section sets out the meanings of references in this Act to the “landlord” and “duty holders” in relation to a relevant HMO.

(2)

The landlord of a relevant HMO is the person who is a person managing the relevant HMO by virtue of being an owner or lessee.

(3)

But—

(a)

if the lessor and lessee under a lease of the relevant HMO both meet the definition in subsection (2), the landlord of the relevant HMO is the lessee (not the lessor);

(b)

if there is no person who meets that definition, the landlord is the person having control of the relevant HMO.

(4)

The following persons are duty holders for a relevant HMO—

(a)

the landlord;

(b)

any other person who is a person managing the relevant HMO, whether by virtue of being an owner or lessee or their agent or trustee.

(5)

If any other person has an obligation under a contract or lease relating to the repair, maintenance or safety of the relevant parts of the relevant HMO, that person is a duty holder for the relevant HMO in relation to matters within the scope of the obligation.

(6)

If any other person has any degree of control over the relevant parts of the relevant HMO, that person is a duty holder for the relevant HMO in relation to matters within the person’s control.

(7)

The “relevant parts” of a relevant HMO are any parts of it that are not provided for the exclusive use, benefit or enjoyment of persons forming a single household.