OpenLegislation

Section 623 Minor definitions: Part XVIII

England and Wales

In this Part—

  • F1“dwelling-house” F2. . . shall be construed in accordance with subsection (2);

  • F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “owner”, in relation to premises—

    1. (a)

      means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple absolute in the premises, whether in possession or in reversion, and

    2. (b)

      includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.

F4(2)

For the purposes of this Part, “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.

Annotations

Textual amendments

F1

Definitions substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(e), Sch. 9 Pt. V para. 90(1)

F2

S. 623: words in "section 623(1)" repealed (6.4.2006 for E. and 16.6.2006 for W.) by virtue of Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S. I. 2006/1535, art. 2(c)(v) (with Sch.)

F3

S. 623: definitions in "section 623(1)" repealed (6.4.2006 for E. and 16.6.2006 for W.) by virtue of Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(v)(e) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.)

F4

S. 623(2) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(e), Sch. 9 Pt. V para. 90(2)

Notes on Part XVIII

Modifications

C1

Pt. XVIII (ss. 604–625): power to apply certain functions with modifications conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(6)