PART 3

Access to services etc
CHAPTER 1

Residential tenancies

General

Interpretation
37
1
In this Chapter—
- “adult” means a person who has attained the age of 18;
- “agreement” includes an agreement in any form (whether or not in writing);
- “eligibility period”, in relation to a limited right occupier, is to be read in accordance with section 27;
- “limited right occupier” has the meaning given in section 24(9);
- “occupy” means occupy as an only or main residence;
- “penalty notice” means a penalty notice given under this Chapter;
- “person with a limited right to rent” has the meaning given in section 21(4);
- “post-grant contravention” has the meaning given in section 22(10);
- “pre-grant contravention” has the meaning given in section 22(10);
- “premises” includes land, buildings, moveable structures, vehicles and vessels;
- “prescribed” means prescribed in an order made by the Secretary of State;
- “recipient” means the recipient of a penalty notice;
- “relevant occupier” has the meaning given in section 22(10);
- “residential tenancy agreement” has the meaning given in section 20(2).
2
For the purposes of this Chapter a residential tenancy agreement grants a person a right to occupy premises if—
a
the agreement expressly grants that person the right (whether or not by naming the person), or
b
the person is permitted to occupy the premises by virtue of an express grant given to another person,
and references to a person occupying premises under an agreement are to be read accordingly.
3
A reference in this Chapter to the “prescribed requirements”, in connection with compliance with the requirements at a particular time, is a reference only to such of the requirements as are capable of being complied with at that time.
4
Where two or more persons jointly constitute the landlord in relation to a residential tenancy agreement—
a
the references to the landlord in—
i
section 22(7)(a),
ii
section 24(5), (6)(a) and (7), ...
iii
section 26(6)(a) and (7)(b),
iv
section 33A,
v
section 33D, and
vi
section 33E,
are to be taken as references to any of those persons;
b
any other references to the landlord in this Chapter are to be taken as references to all of those persons.
5
Where two or more persons jointly constitute the agent in relation to a residential tenancy agreement—
a
the references to the agent in section 26(5), (6)(a) and (7) are to be taken as references to any of those persons;
b
any other references to the agent in this Chapter are to be taken as references to all of those persons.
6
The Secretary of State may by order prescribe cases in which—
a
a residential tenancy agreement is, or is not, to be treated as being entered into for the purposes of this Chapter;
b
a person is, or is not, to be treated as occupying premises as an only or main residence for the purposes of this Chapter.
7
An order under subsection (6) prescribing a case may modify the application of this Chapter in relation to that case.
8
The cases mentioned in subsection (6)(a) include, in particular, cases where—
a
an option to renew an agreement is exercised;
b
rights of occupation under an agreement are varied;
c
an agreement is assigned (whether by the landlord or the tenant);
d
a periodic tenancy arises at the end of a fixed term;
e
an agreement grants a right of occupation on satisfaction of a condition;
f
there is a change in the persons in occupation of the premises leased under an agreement or in the circumstances of any such person.
S. 37 in force at 1.12.2014 by S.I. 2014/2771, art. 7(f)
Word in s. 37(4)(a)(ii) omitted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by virtue of Immigration Act 2016 (c. 19), ss. 39(5)(a), 94(1); S.I. 2016/1037, regs. 2(a), 5(c)
S. 37(4)(a)(iv) inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(5)(b), 94(1); S.I. 2016/1037, regs. 2(a), 5(c)
S. 37(4)(a)(v)(vi) inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 40(4), 94(1); S.I. 2016/1037, regs. 2(b), 5(d)