OpenLegislation

Section 43ZA Further exclusion of home business tenancies from Part 2F1

England and Wales

(1)

This Part of this Act does not apply to a home business tenancy.

(2)

A home business tenancy is a tenancy under which—

(a)

a dwelling-house is let as a separate dwelling,

(b)

the tenant or, where there are joint tenants, each of them, is an individual, and

(c)

the terms of the tenancy—

(i)

require the tenant or, where there are joint tenants, at least one of them, to occupy the dwelling-house as a home (whether or not as that individual's only or principal home),

(ii)

permit a home business to be carried on in the dwelling-house, or permit the immediate landlord to give consent for a home business to be carried on in the dwelling-house, and

(iii)

do not permit a business other than a home business to be carried on in the dwelling-house.

(3)

The terms of a tenancy permit the carrying on of a home business if they permit the carrying on of a particular home business, a particular description of home business or any home business.

(4)

A “home business” is a business of a kind which might reasonably be carried on at home.

(5)

A business is not to be treated as a home business if it involves the supply of alcohol for consumption on licensed premises which form all or part of the dwelling-house.

(6)

The appropriate national authority may by regulations prescribe cases in which businesses are, or are not, to be treated as home businesses.

(7)

Regulations under this section—

(a)

may include transitional or saving provision,

(b)

may make different provision for different purposes,

(c)

are to be made by statutory instrument,

(d)

may not be made unless—

(i)

in the case of regulations made by the Secretary of State, a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament,

(ii)

in the case of regulations made by the Welsh Ministers, a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the National Assembly for Wales.

(8)

For the purposes of this section, a dwelling-house which is let for mixed residential and business use is capable of being let as a dwelling.

(9)

If, under a tenancy, a dwelling-house is let together with other land, then, for the purposes of this section—

(a)

if the main purpose of the letting is the provision of a home for the tenant, the other land is to be treated as part of the dwelling-house, and

(b)

if the main purpose of the letting is not as mentioned in paragraph (a), the tenancy is to be treated as not being one under which a dwelling-house is let as a separate dwelling.

(10)

In this section—

  • “ the appropriate national authority ” means—

    1. (a)

      in relation to England, the Secretary of State, and

    2. (b)

      in relation to Wales, the Welsh Ministers;

  • “dwelling-house” may be a house or part of a house;

  • “ let ” includes sub-let;

  • “ licensed premises ” has the same meaning as in the Licensing Act 2003 (see section 193 of that Act);

  • “ supply of alcohol ” has the same meaning as in the Licensing Act 2003 (see section 14 of that Act).

Annotations

Textual amendments

F1

S. 43ZA inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 35(4), 164(1) (with s. 35(5)); S.I. 2015/1689, reg. 2(b); S.I. 2015/1710, reg. 2(a)

Notes on Part II

Modifications

C1

Pt. 2 restricted by 1983 No. 1, s. 56(2G)(b) (as inserted (1.1.2007) by Pastoral (Amendment) Measure 2006 (No. 2), ss. 1(b), 2(2); 2006 No. 3, Instrument made by Archbishops)

C2

Pt. 2 excluded (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 10 para. 3(1)(a); S.I. 2015/778, art. 2(1)(d)

C3

Pt. 2 excluded (15.3.2018) by City of London Corporation (Open Spaces) Act 2018 (c. i), s. 6(7) (with ss. 3, 4(2))

C4

Pt. 2 excluded (coming into force in accordance with s. 13 of the amending Act) by Monken Hadley Common Act 2022 (c. ii), s. 9(5) (with s. 8(3))

C5

Pt. 2 excluded (24.11.2025) by General Cemetery Act 2025 (c. ii), ss. 1(2), 11(2) (with s. 11(3))

C6

Pt. 2 modified (30.7.2026) by The Product Security and Telecommunications Infrastructure Act 2022 (Conferral of Tribunal Jurisdiction under the Landlord and Tenant Act 1954 etc.) Regulations 2026 (S.I. 2026/569), regs. 1(2), 3 (with reg. 4)

C7

Pt. 2 amended by Opencast Coal Act 1958 (c. 69), s. 37, Sch. 7 paras. 10, 20; excluded by Leasehold Reform Act 1967 (c. 88), s. 16(1)(c)(d) and Rent Act 1977 (c. 42), s. 24(2), Sch. 1 paras. 8, 9

C8

Pt. 2 (ss. 23–46) excluded (prosp.) by Transport Act 1982 (c. 49, SIF 107:1), ss. 14(1), 76(2)

C9

Pt. 2 (ss. 23–46) excluded by Dockyard Services Act 1986 (c. 52, SIF 58), s. 3(2)

C10

Pt. 2 (ss. 23–46) excluded by Housing Act 1988 (c. 50, SIF 61), s. 101(2)

C11

Pt. 2 (ss. 23–46) restricted by City of London (Spitalfields Market) Act 1990 (c. ix), s. 5(4)

C12

Pt. 2 (ss. 23-46) excluded by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), ss. 3(1), 6(2), Sch. para. 3

Pt. 2 (ss. 23-46) excluded (1.11.1993) by 1993 c. 28, s. 59(2)(b)(ii); S.I. 1993/2134, art. 5

Pt. 2 (ss. 23-46) excluded: (1.4.1994) by 1993 c. 43, s. 31(1) and S.I. 1994/571, art. 5; (3.11.1994) by 1994 c. 33, s. 7(3)(a); (3.11.1994) by 1991 c. 53, s. 84 (as substituted (3.11.1994) by 1994 c. 33, s. 96); (1.10.1996) by 1996 c. 46, s. 30(7)(11) and S.I. 1996/2474, art. 2

Pt. 2 (ss. 23-46) excluded (1.8.2000) by 1999 c. 33, s. 149(3)(a); S.I. 2000/1985, art. 2, Sch.