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Landlord and Tenant Act 1954
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Landlord and Tenant Act 1954, Section 44 is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 34(5) inserted by 2022 c. 46 s. 61(5)
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- s. 34B 34C inserted by 2022 c. 46 s. 63
- s. 63(2A)-(2C) inserted by 2022 c. 46 s. 65
[F144 Meaning of the landlord in Part II, and provisions as to mesne landlords, etc. E+W
(1) Subject to [F2 subsections (1A) and (2) below, ] , in this Part of this Act the expression “the landlord”, in relation to a tenancy (in this section referred to as “ the relevant tenancy ”), means the person (whether or not he is the immediate landlord) who is the owner of that interest in the property comprised in the relevant tenancy which for the time being fulfils the following conditions, that is to say—
(a)that it is an interest in reversion expectant (whether immediately or not) on the termination of the relevant tenancy, and
(b)that it is either the fee simple or a tenancy which will not come to an end within fourteen months by effluxion of time and, if it is such a tenancy, that no notice has been given by virtue of which it will come to an end within fourteen months or any further time by which it may be continued under section 36(2) or section 64 of this Act,
and is not itself in reversion expectant (whether immediately or not) on an interest which fulfils those conditions.
[F3(1A)The reference in subsection (1) above to a person who is the owner of an interest such as is mentioned in that subsection is to be construed, where different persons own such interests in different parts of the property, as a reference to all those persons collectively.]
(2)References in this Part of this Act to a notice to quit given by the landlord are references to a notice to quit given by the immediate landlord.
(3)The provisions of the Sixth Schedule to this Act shall have effect for the application of this Part of this Act to cases where the immediate landlord of the tenant is not the owner of the fee simple in respect of the holding.]
Textual Amendments
F1S. 44 substituted by virtue of Law of Property Act 1969 (c. 59), s. 15, Sch. 1
F2Words in s. 44(1) substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096), arts. 1(3), 27(1)
F3S. 44(1A) inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096), arts. 1(3), 27(2)
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