Interpretation of Part III28

• “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;

• “elderly” means aged 60 years or over;

• “house in multiple occupation” has the same meaning as in Part IV of the Order of 1992;

• “housing action area” has the same meaning as in Article 2(2) of the Order of 1981;

• “improvement” includes alteration and enlargement;

• “owner”, in relation to a dwelling, has the meaning given by Article 32, and, in relation to a house in multiple occupation, has the same meaning as in Article 2 of the Order of 1981;

• “owner's interest”, in relation to any premises, means—

  1. a

     a freehold estate in possession (whether legal or equitable), or

  2. b

     an interest under a tenancy granted or extended for a term of years of which not less than 10 years remain unexpired at the date of the application,

  whether held by the applicant alone or jointly with others;

• “partner”, in relation to a person, means that person's spouseF1 or civil partner or a person other than a spouseF1 or civil partner with whom he or she lives as husband or wifeF1 or as if they were civil partners ;

• “rack rent” means a rent which is not less than two-thirds of the net annual value of the dwelling, or a rent which has been fixed in accordance with the Rent (Northern Ireland) Order 1978 (NI 20);

• “relevant authority” means the authority for the area in which the dwelling or building is situated; and references to an authority and to the area of an authority shall be construed in accordance with paragraphs (2), (3) and (4) of Article 2 of the Children (Northern Ireland) Order 1995 (NI 2);

• “tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy;

• “tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.