Section 38 Interpretation and exceptionsI1

(1)

This section applies for the purposes of this Part.

(2)

A reference to premises is a reference to the whole or part of the premises.

(3)

A reference to disposing of premises includes, in the case of premises subject to a tenancy, a reference to—

(a)

assigning the premises,

(b)

sub-letting them, or

(c)

parting with possession of them.

(4)

A reference to disposing of premises also includes a reference to granting a right to occupy them.

(5)

A reference to disposing of an interest in a commonhold unit includes a reference to creating an interest in a commonhold unit.

(6)

A reference to a tenancy is to a tenancy created (whether before or after the passing of this Act)—

(a)

by a lease or sub-lease,

(b)

by an agreement for a lease or sub-lease,

(c)

by a tenancy agreement, or

(d)

in pursuance of an enactment,

and a reference to a tenant is to be construed accordingly.

(7)

A reference to commonhold land, a commonhold association, a commonhold community statement, a commonhold unit or a unit-holder is to be construed in accordance with the Commonhold and Leasehold Reform Act 2002.

(8)

Schedule 4 (reasonable adjustments) has effect.

(9)

Schedule 5 (exceptions) has effect.

Annotations

Commencement

I1: S. 38 partly in force; s. 38 not in force at Royal Assent see s. 216; s. 38(8) in force for certain purposes at 4.8.2010 by S.I. 2010/1966, art. 2; s. 38(1)-(7)(9) wholly in force and s. 38(8) in force for certain further purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(4)(c)(d) (with art. 15)