PART 3Access to services etc

CHAPTER 1Residential tenancies

General

37Interpretation

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), and

iii

section 26(6)(a) and (7)(b),

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.