F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Ss. 31A-31C repealed (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 180, 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 (subject to Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 (subject to Sch. 2)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Ss. 31A-31C repealed (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 180, 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 (subject to Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 (subject to Sch. 2)
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Ss. 31A-31C repealed (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 180, 181(1), Sch. 14; S.I. 2003/1986, art. 2(c)(iv), Sch. 1 (subject to Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 (subject to Sch. 2)
(1)The following provisions do not apply to a tenancy to which Part II of the M1Landlord and Tenant Act 1954 (business tenancies) applies—
[F4sections 1 to 3A] (information to be given to tenant),
section 17 (specific performance of landlord’s repairing obligations).
[F5section 30C (implied terms relation to building safety),
section 30D (building safety costs),
section 30E (liability for remuneration of building safety director of resident management company etc).]
(2)Section 11 (repairing obligations) does not apply to a new lease granted to an existing tenant, or to a former tenant still in possession, if the new lease is a tenancy to which Part II of the Landlord and Tenant Act 1954 applies and the previous lease either is such a tenancy or would be but for section 28 of that Act (tenancy not within Part II if renewal agreed between the parties).
In this subsection “existing tenant”, “former tenant still in possession” and “previous lease” have the same meaning as in section 14(2).
(3)Section 31 (reserve power to limit rents) does not apply to a dwelling forming part of a property subject to a tenancy to which Part II of the M2Landlord and Tenant Act 1954 applies; but without prejudice to the application of that section in relation to a sub-tenancy of a part of the premises comprised in such a tenancy.
Textual Amendments
F4Words in s. 32(1) substituted (1.10.1996) by 1996 c. 52, s. 93(2); S.I. 1996/2212, art. 2(2)
F5Words in s. 32(1) inserted (28.4.2022 for specified purposes, 6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 112(6), 170(2) (with s. 164); S.I. 2023/362, reg. 3(1)(z10)(v)
Marginal Citations
(1)Where an offence under this Act which has been committed by a body corporate is proved—
(a)to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, or
(b)to be attributable to any neglect on the part of such an officer or person,
he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.
(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Proceedings for an offence under any provision of this Act may be brought by a local housing authority.
(1)This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
(2)An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)In this Act “lease” and “tenancy” have the same meaning.
(2)Both expressions include—
(a)a sub-lease or sub-tenancy, and
(b)an agreement for a lease or tenancy (or sub-lease or sub-tenancy).
(3)The expressions “lessor” and “lessee” and “landlord” and “tenant”, and references to letting, to the grant of a lease or to covenants or terms, shall be construed accordingly.
In this Act—
(a)“statutory tenancy” and “statutory tenant” mean a statutory tenancy or statutory tenant within the meaning of the M3Rent Act 1977 or the M4Rent (Agriculture) Act 1976; and
(b)“landlord”, in relation to a statutory tenant, means the person who, apart from the statutory tenancy, would be entitled to possession of the premises.
In this Act—
“address” means a person’s place of abode or place of business or, in the case of a company, its registered office;
[F6“appropriate tribunal” means—
in relation to a dwelling in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
in relation to a dwelling in Wales, a leasehold valuation tribunal;]
[F7 “arbitration agreement”, “arbitration proceedings” and “arbitral tribunal” have the same meaning as in Part I of the M5 Arbitration Act 1996 [F8 and post-dispute arbitration agreement”, in relation to any matter, means an arbitration agreement made after a dispute about the matter has arisen;];]
“co-operative housing association” has the same meaning as in the M6Housing Associations Act 1985;
“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;
“housing association” has the same meaning as in the Housing Associations Act 1985;
“local authority” means a district, county [F9county borough] or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in sections 14(4), 26(1) and 28(6) includes . . . F10[F11the Broads Authority] [F12, a police and crime commissioner, the Mayor's Office for Policing and Crime],. . . F13. . . a joint authority established by Part IV of the M7Local Government Act 1985 [F14an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, [F15a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,] a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] F16... [F17and the London Fire Commissioner];
“local housing authority” has the meaning given by section 1 of the M8Housing Act 1985;
“new town corporation” means—
(a)a development corporation established by an order made, or treated as made, under the M9New Towns Act 1981,
[F18(b)the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008,
[F19(ba)the Greater London Authority so far as exercising its new towns and urban development functions, or]
(c)the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981;]
“protected tenancy” has the same meaning as in the Rent Act 1977;
[F20“registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act);]
“restricted contract” has the same meaning as in the Rent Act 1977;
“urban development corporation” has the same meaning as in Part XVI of the M10Local Government, Planning and Land Act 1980.
Textual Amendments
F6Definition in s. 38 inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 56 (with Sch. 3)
F7Definition in s. 38 inserted (1.9.1997) by 1996 c. 52, s. 83(5); S.I. 1997/1851, art. 2
F8Words in s. 38 inserted (30.9.2003 for E. and 30.3.2004 for W.) by virtue of 2002 c. 15, ss. 155(2), 181(1); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)
F9Words in s. 38 inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 7 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F10Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F11Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 23(2), 27(2), Sch. 6 para. 26
F12Words in s. 38 substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 170; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 49)
F13Word in s. 38 repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. VIII (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(i)
F14S. 38: words in definition of "local authority" inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 70; S.I. 2009/3318, art. 2(b)(c)
F15Words in s. 38 inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 86 (with s. 247)
F16Words in s. 38 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(20); S.I. 2015/994, art. 6(g)
F17Words in s. 38 substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 75; S.I. 2018/227, reg. 4(c)
F18S. 38(b)(c) substituted for s. 38(b) and preceding word (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 36; S.I. 2008/3068, art. 2(1)(w) (with arts. 6-13)
F19S. 38(ba) substituted for word (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 22; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)
F20Definition in s. 38 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 16(4)
Modifications etc. (not altering text)
C1S. 38 extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(y)
C2S. 38 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 10
Marginal Citations
The following Table shows provisions defining or otherwise explaining expressions used in this Act (other than provisions) defining or explaining an expression in the same section):
| address | section 38 |
|---|---|
| [F21arbitration agreement, arbitration proceedings and [F22, arbitral tribunal and post-dispute arbitration agreement] | section 38] |
| co-operative housing association | section 38 |
| dwelling | section 38 |
| dwelling-house (in the provisions relating to repairing obligations) | section 16 |
| fit for human habitation | section 10 |
| flat (in the provisions relating to service charges) | section 30 |
| housing association | section 38 |
| landlord— | |
| (generally) | section 36(3) |
| (in sections 1 and 2) | section 1(3) |
| (in the provisions relating to rent books) | section 4(3) |
| (in the provisions relating to service charges) | section 30 |
| (in relation to a statutory tenancy) | section 37(b) |
| lease, lessee and lessor— | |
| (generally) | section 36 |
| [F23(in the provisions relating to fitness for human habitation of dwellings in England) | section 9A(9)] |
| (in the provisions relating to repairing obligations | section 16 |
| local authority | section 38 |
| local housing authority | section 38 |
| new town corporation | section 38 |
| protected tenancy | section 38 |
| [F24qualified accountant (for the purposes of section 21(6))] | [F24section 28] |
| [F25registered social landlord] | section 38 |
| recognised tenants’ association | section 29 |
| relevant costs (in relation to a service charge) | section 18(2) |
| restricted contract | section 38 |
| service charge | section 18(1) |
| statutory tenant | section 37(a) |
| tenancy and tenant— | |
| (generally) | section 36 |
| (in sections 1 and 2) | section 1(3) |
| (in the provisions relating to rent books) | section 4(3) |
| (in the provisions relating to service charges) | section 30 |
| urban development corporation | section 38 |
Textual Amendments
F21Words in s. 39 inserted (1.9.1997 subject to saving in Sch. para. 1 of S.I. 1997/1851 and otherwise 11.8.1998 subject to art. 3 of S.I. 1998/1768) by 1996 c. 52, s. 83(6); S.I. 1997/1851, art. 2; S.I. 1998/1768, art. 2
F22Words in s. 39 substituted (30.9.2003 for E. and 30.3.2004 for W.) by virtue of 2002 c. 15, ss. 155(3), 181(1); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)
F23Words in s. 39 inserted (20.3.2019) by Homes (Fitness for Human Habitation) Act 2018 (c. 34), ss. 1(5), 2(2)
F24S. 39: table entry for 'qualified accountant' omitted (1.12.2008 for certain purposes and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 303, 325, Sch. 12 para. 10 and repealed (prosp.) by s. 321(1), {Sch. 16}; S.I. 2008/3068, art. 4(6) (with arts. 6-13)
F25Words in s. 39 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 16(5)