Section 44 Application to Crown Property.

(1)

Subject to paragraph 11 of Schedule 1 to this Act and ~~F1subsection (2)~~ subsections (1A) and (2) below, Chapters I to IV above apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as they apply in relation to premises in relation to which no such interest subsists or ever subsisted.

F2(1A)

In Chapter 1—

(a)

section 16J does not bind the Crown;

(b)

in section 16K(1) as it applies by virtue of subsection (1), the reference to a person being guilty of an offence under section 16J is to be read as a reference to the person—

(i)

being a landlord under an assured tenancy, or acting or purporting to act on behalf of such a landlord, and (in relation to that tenancy) satisfying the condition in paragraph (a) of section 16J(1) where the condition in paragraph (b) of section 16J(1) is also satisfied,

(ii)

contravening section 16E(2) or (3),

(iii)

satisfying the conditions in paragraphs (a) and (b) of section 16J(3), or

(iv)

satisfying the conditions in paragraphs (a) and (b)(i) of section 16J(4),

and section 16K(4) is to be read accordingly.

(1B)

Subsection (1A)(a) does not affect the criminal liability of persons in the service of the Crown.

(2)

In Chapter IV above—

(a)

sections 27 and 28 do not bind the Crown; and

(b)

the remainder binds the Crown to the extent provided for in section 10 of the M1Protection from Eviction Act 1977.

(3)

In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.

(4)

Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of Chapters I to IV above, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.

Annotations

Textual amendments

F1: Words in s. 44(1) substituted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), ss. 18(a), 145(1)(8) (with ss. 138, 146(1), 147(1)(2), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(a)
F2: S. 44(1A)(1B) inserted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), ss. 18(b), 145(1)(8) (with ss. 138, 146(1), 147(1)(2), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(a)

Marginal citations

M1: 1977 c. 43.

Notes on Part I

Modifications

C1

Part I (ss. 1–45) modified by S.I. 1990/776, arts. 2(2), 5(2)(b) and excluded by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 242

C2

Part I (ss. 1–45) applied by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8, para. 19(3)

C3

Part I (ss. 1-45) definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167(3), 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

C4

Pt. I (ss. 1-45) definition applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168(3), 225(2), Sch. 19 para. 10 (with ss. 15(6), 179, 222(3), 224(1), Sch. 22 para. 1, Sch. 23 para. 6)

C5

Pt. I (ss. 1-45) restricted (1.11.1993) by 1993 c. 28, s. 59(2)(c)(iii); S.I. 1993/2134, arts. 2, 5

Pt. I (ss. 1-45) excluded (3.3.1997) by 1985 c. 68, s. 348D(5) (as inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2

Pt. I (ss. 1-45) modified (1.10.1996) by 1996 c. 27, s. 30(4)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

C6

Pt. 1 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 33, 270(3); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)