F38The county court shall have jurisdiction to hear and determine any question arising under any provision to which this section applies (other than a question falling within the jurisdiction of F37the appropriate tribunal by virtue of section 13(1) or 31(1)).

Where any proceedings under any provision to which this section applies are being taken in F39the county court, the county court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that the other proceedings would, apart from this subsection, be outside the court’s jurisdiction.

If a person takes any proceedings under any such provision in the High Court he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in F40the county court; and in any such case the taxing master shall have the same power of directing on what county court scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in F40the county court.

Subsection (4) shall not apply where the purpose of taking the proceedings in the High Court was to enable them to be joined with any proceedings already pending before that court (not being proceedings taken under any provision to which this section applies).

Any power of the Secretary of State to make an order or regulations under this Act shall be exercisable by statutory instrument and may be exercised so as to make different provision for different cases, including different provision for different areas.

This section does not apply to any power to make regulations under section 42A.

Any notice purporting to be a notice served under any provision of Part I or III by the requisite majority of any qualifying tenants (as defined for the purposes of that provision) shall specify the names of all of the persons by whom it is served and the addresses of the flats of which they are qualifying tenants.

Subsection (3)(b) shall not be construed as authorising the Secretary of State to make regulations under subsection (3) varying F4any of the periods specified in section 5A(4) or (5), 5B(5) or (6), 5C(4) or (5), 5D(4) or (5) or 5E(3) (which accordingly can only be varied by regulations under section 20(4)).

F16Parts 1 and 3 and sections 42 to 42B (and so much of this Part as relates to those provisions) shall apply to a tenancy from the Crown if there has ceased to be a Crown interest in the land subject to it.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where there exists a Crown interest in any land subject to a tenancy from the Crown and the person holding that tenancy is himself the landlord under any other tenancy whose subject-matter comprises the whole or part of that land, F17the provisions mentioned in subsection (1) shall apply to that other tenancy, and to any derivative sub-tenancy, notwithstanding the existence of that interest.

In this Act “exempt landlord”, in relation to social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008), includes a landlord which is a profit-making private registered provider of social housing.

In subsection (1)(ga) “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act).

In subsection (1)(gb) “fully mutual housing association” has the same meaning as in the Housing Associations Act 1985 (see section 1(1) and (2) of that Act).

In subsection (2) “purpose-built block of flats” means a building which contained as constructed, and contains, two or more flats.

The expressions “landlord” and “tenant”, and references to letting, to the grant of a lease or to covenants or the terms of a lease shall be construed accordingly.

In this Act—

• “the 1985 Act” means the M5Landlord and Tenant Act 1985;

• F35... “charitable purposes”, in relation to a charity, means charitable purposes whether of that charity or of that charity and other charities;

• “common parts”, in relation to any building or part of a building, includes the structure and exterior of that building or part and any common facilities within it;

• “the court” means the High Court or F41the county court;

• “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;

• “exempt landlord” has the meaning given by section 58(1);

• “flat” means a separate set of premises, whether or not on the same floor, which—

  1. a

     forms part of a building, and

  2. b

     is divided horizontally from some other part of that building, and

  3. c

     is constructed or adapted for use for the purposes of a dwelling;

• “functional land”, in relation to a charity, means land occupied by the charity or by trustees for it, and wholly or mainly used for charitable purposes;

• “landlord” (except for the purposes of Part 1) means the immediate landlord or, in relation to a statutory tenant, the person who, apart from the statutory tenancy, would be entitled to possession of the premises subject to the tenancy;

• “lease” and related expressions shall be construed in accordance with section 59(1) and (2);

• “long lease” has the meaning given by section 59(3);

• “mortgage” includes any charge or lien, and references to a mortgagee shall be construed accordingly;

• “notices in proceedings” means notices or other documents served in, or in connection with, any legal proceedings;

• F13. . .

• “resident landlord” shall be construed in accordance with section 58(2);

• “statutory tenancy” and “statutory tenant” mean a statutory tenancy or statutory tenant within the meaning of the Rent Act 1977 or the M6Rent (Agriculture) Act 1976;

• “tenancy” includes a statutory tenancy.

In this Act a reference to the Welsh Ministers in their new towns residuary capacity means 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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The enactments mentioned in Schedule 4 shall have effect subject to the amendments there specified (being amendments consequential on the preceding provisions of this Act).

The enactments mentioned in Schedule 5 are hereby repealed to the extent specified in the third column of that Schedule.

This Act may be cited as the Landlord and Tenant Act 1987.

This Act shall come into force on such day as the Secretary of State may by order appoint.

This Act extends to England and Wales only.