Article 28 Interpretation of Part III

“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

“elderly” means aged 60 years or over;

“house in multiple occupation” has F1the meaning given by section 1 of the Act of 2016 ;

“housing action area” has the same meaning as in Article 2(2) of the Order of 1981;

“improvement” includes alteration and enlargement;

“owner”, in relation to a dwelling, has the meaning given by Article 32, and, in relation to a house in multiple occupation, has F2the meaning given by section 88(5) and (6) of the Act of 2016 ;

“owner's interest”, in relation to any premises, means—

1. (a)

   a freehold estate in possession (whether legal or equitable), or

2. (b)

   an interest under a tenancy granted or extended for a term of years of which not less than 10 years remain unexpired at the date of the application,

whether held by the applicant alone or jointly with others;

“partner”, in relation to a person, means that person's spouseF3 or civil partner or a person other than a spouse or civil partner with whom he or she lives as husband or wife or as if they were civil partners ;

“rack rent” means a rent which is not less than two-thirds of the net annual value of the dwelling, or a rent which F4is recoverable by virtue of the Private Tenancies (Northern Ireland) Order 2006;

“relevant authority” means the authority for the area in which the dwelling or building is situated; and references to an authority and to the area of an authority shall be construed in accordance with paragraphs (2), (3) and (4) of Article 2 of the Children (Northern Ireland) Order 1995 (NI 2);

“tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy;

“tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.