Modifications etc. (not altering text)
C1Pt. 2 restricted by 1983 No. 1, s. 56(2G)(b) (as inserted (1.1.2007) by Pastoral (Amendment) Measure 2006 (No. 2), ss. 1(b), 2(2); 2006 No. 3, Instrument made by Archbishops)
C2Pt. 2 excluded (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 10 para. 3(1)(a); S.I. 2015/778, art. 2(1)(d)
C3Pt. 2 excluded (15.3.2018) by City of London Corporation (Open Spaces) Act 2018 (c. i), s. 6(7) (with ss. 3, 4(2))
C4Pt. 2 excluded (coming into force in accordance with s. 13 of the amending Act) by Monken Hadley Common Act 2022 (c. ii), s. 9(5) (with s. 8(3))
C5Pt. 2 amended by Opencast Coal Act 1958 (c. 69), s. 37, Sch. 7 paras. 10, 20; excluded by Leasehold Reform Act 1967 (c. 88), s. 16(1)(c)(d) and Rent Act 1977 (c. 42), s. 24(2), Sch. 1 paras. 8, 9
C6Pt. 2 (ss. 23–46) excluded (prosp.) by Transport Act 1982 (c. 49, SIF 107:1), ss. 14(1), 76(2)
C7Pt. 2 (ss. 23–46) excluded by Dockyard Services Act 1986 (c. 52, SIF 58), s. 3(2)
C8Pt. 2 (ss. 23–46) excluded by Housing Act 1988 (c. 50, SIF 61), s. 101(2)
C9Pt. 2 (ss. 23–46) restricted by City of London (Spitalfields Market) Act 1990 (c. ix), s. 5(4)
C10Pt. 2 (ss. 23-46) excluded by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), ss. 3(1), 6(2), Sch. para. 3
Pt. 2 (ss. 23-46) excluded (1.11.1993) by 1993 c. 28, s. 59(2)(b)(ii); S.I. 1993/2134, art. 5
Pt. 2 (ss. 23-46) excluded: (1.4.1994) by 1993 c. 43, s. 31(1) and S.I. 1994/571, art. 5; (3.11.1994) by 1994 c. 33, s. 7(3)(a); (3.11.1994) by 1991 c. 53, s. 84 (as substituted (3.11.1994) by 1994 c. 33, s. 96); (1.10.1996) by 1996 c. 46, s. 30(7)(11) and S.I. 1996/2474, art. 2
Pt. 2 (ss. 23-46) excluded (1.8.2000) by 1999 c. 33, s. 149(3)(a); S.I. 2000/1985, art. 2, Sch.
(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)