Part V Rents Under Restricted Contracts

Miscellaneous and general

85 Interpretation of Part V.

(1)

In this Part of this Act, except where the context otherwise requires,—

F1“appropriate tribunal” means—

(a)

in relation to a dwelling in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

(b)

in relation to a dwelling in Wales, a rent assessment committee;

“dwelling” means a house or part of a house;

“lessee” means the person to whom is granted, under a restricted contract, the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantee;

“lessor” means the person who, under a restricted contract, grants to another the right to occupy the dwelling in question as a residence and any person directly or indirectly deriving title from the grantor;

“register” means the register kept F2... in pursuance of section 79 F3or 79A of this Act;

F4...

“services” includes attendance, the provision of heating or lighting, the supply of hot water and any other privilege or facility connected with the occupancy of a dwelling, other than a privilege or facility requisite for the purposes of access, cold water supply or sanitary accommodation.

(2)

References in this Part of this Act to a party to a contract include references to any person directly or indirectly deriving title from such a party.

(3)

Where separate sums are payable by the lessee of any dwelling to the lessor for any two or more of the following:—

(a)

occupation of the dwelling,

(b)

use of furniture, and

(c)

services,

any reference in this Part of this Act to “rent” in relation to that dwelling is a reference to the aggregate of those sums and, where those sums are payable under separate contracts, those contracts shall be deemed to be one contract.

(4)

The references in sections 79(3) F5, 79A(3) and 81(2) of this Act to rates, in respect of a dwelling, include references to such proportion of any rates in respect of a hereditament of which the dwelling forms part as may be agreed in writing between the lessor and the lessee or determined by the county court.