PART 1Private residential tenancy
I12Interpretation of section 1
1
This section makes provision about the interpretation of section 1.
2
A tenancy is to be regarded as one under which a property is let to an individual notwithstanding that it is let jointly to an individual, or individuals, and another person.
3
A tenancy is to be regarded as one under which a property is let as a separate dwelling, despite the let property including other land, where the main purpose for letting the property is to provide the tenant with a home.
4
A tenancy is to be regarded as one under which a property is let as a separate dwelling if, despite the let property lacking certain features or facilities––
a
the terms of the tenancy entitle the tenant to use property in common with another person (“shared accommodation”), and
b
the let property would be regarded as a separate dwelling were it to include some or all of the shared accommodation.
5
In a case where two or more persons jointly are the tenant under a tenancy, references to the tenant in section 1(1)(b) and in subsection (3) are to any one of those persons.