Section 17 Holdings to which Part I. applies.

England and Wales

(1)

The holdings to which this Part of this Act applies are any premises held under a lease, other than a mining lease, made whether before or after the commencement of this Act, and used wholly or partly for carrying on thereat any trade or business, and F1not being—

(a)

agricultural holdings within the meaning of the Agricultural Holdings Act 1986 held under leases in relation to which that Act applies, or

(b)

holdings held under farm business tenancies within the meaning of the Agricultural Tenancies Act 1995.

(2)

This Part of this Act shall not apply to any holding let to a tenant as the holder of any office, appointment or employment, from the landlord, and continuing so long as the tenant holds such office, appointment or employment, but in the case of a tenancy created after the commencement of this Act, only if the contract is in writing and expresses the purpose for which the tenancy is created.

(3)

For the purposes of this section, premises shall not be deemed to be premises used for carrying on thereat a trade or business—

(a)

by reason of their being used for the purpose of carrying on thereat any profession;

(b)

by reason that the tenant thereof carries on the business of subletting the premises as residential flats, whether or not the provision of meals or any other service for the occupants of the flats is undertaken by the tenant:

Provided that, so far as this Part of this Act relates to improvements, premises regularly used for carrying on a profession shall be deemed to be premises used for carrying on a trade or business.

(4)

In the case of premises used partly for purposes of a trade or business and partly for other purposes, this Part of this Act shall apply to improvements only if and so far as they are improvements in relation to the trade or business.

Annotations

Textual amendments

F1: S. 17(1)(a)(b) and the preceding words substituted for words in s. 17(1) (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 5 (with s. 37)

Notes on Part I

Modifications

C1: Pt. I excluded (1.11.1993) by 1993 c. 28, s. 61, Sch. 14 para. 6(1) (with ss. 94(2), 95); S.I. 1993/2134, art. 5(a).
C2: Pt. I excluded by Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65), s. 33(2), Leasehold Reform Act 1967 (c. 88), ss. 17, 18, Sch. 2 para. 6(1); applied with modifications by Opencast Coal Act 1958 (c. 69), ss. 30(2)(3)(5)(7), 37, Sch. 7 Pt. II; amended by Opencast Coal Act 1958 (c. 69), s. 37, Sch. 7 Pt. II para. 11