Article 3 Interpretation

In article 2—

(a)

in paragraph (1)—

(i)

after the definition of “the Act”, there shall be inserted the following definition—

““caravan” shall be construed in accordance with Part I of the Caravan Sites and Control of Development Act 1960;”^f1;

(ii)

after the definition of “relevant absentee” there shall be inserted the following definitions—

““secure tenant” means a tenant under a secure tenancy within the meaning of Part IV of the Housing Act 1985;

“statutory tenant” means a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976;

“tenant” means a person who—

(i)

has a leasehold interest in a dwelling which was granted for a term of less than six months;

(ii)

is a secure or statutory tenant of a dwelling; or

(iii)

has a contractual licence to occupy a dwelling;”^f2;

(iii)

the definition of “the last occupation day” shall be deleted;

(iv)

in the definition of an “unoccupied dwelling” there shall be inserted after the words “ an “unoccupied dwelling” means” the words “, subject to paragraph (3) below,”;

(b)

for paragraphs (2) and (3) there shall be substituted the following paragraphs—

“(2)

For the purposes of Classes A and C of article 3—

(a)

a dwelling is vacant on any day if on the day—

(i)

in the case of a dwelling consisting of a pitch occupied by a caravan or a mooring occupied by a boat, the caravan or boat is unoccupied; and

(ii)

in any other case, the dwelling is unoccupied and substantially unfurnished; and

(b)

in considering whether a dwelling has been vacant for any period, any one period, not exceeding six weeks, during which it was not vacant shall be disregarded.

(3)

For the purposes of Classes B and F of article 3, in considering whether a dwelling has been unoccupied for any period, any one period, not exceeding six weeks, during which it was occupied shall be disregarded.”.

Annotations

Footnotes

f1: 1960 c. 62.
f2: Housing Act 1985 c. 68; Rent Act 1977 c. 42; Rent (Agriculture) Act 1976 c. 80.