Regulation 37 Owner under regulation 36I1
England, Wales and Scotland
The descriptions referred to in paragraph (1) are that the person is—
a relevant title holder;
a landlord under a lease of the property; or
a licensor under a licence of the property.
A person who would otherwise be an owner by virtue of paragraph (2) is not an owner if that person is—
a mortgagee not in possession of the property;
a landlord under a relevant lease of the property; or
a person who has only a beneficial interest in the property.
In paragraph (3)(b), a “relevant lease” means a lease—
granted for a fixed term which exceeds 21 years;
where, at the time the confirmation is sought, the unexpired term exceeds the payment period; and
which does not contain a right to terminate the lease by the landlord or tenant.
For the purposes of paragraph (4)(c), a right to terminate a lease does not include a right of re-entry or forfeiture or, in Scotland, a right of irritancy.