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Section 5 Interpretation.

England and Wales

(1)

In this Act—

  • “covenant” includes condition and agreement,

  • “consent” includes licence,

  • “landlord” includes any superior landlord from whom the tenant’s immediate landlord directly or indirectly holds,

  • “tenancy”, subject to subsection (3) below, means any lease or other tenancy (whether made before or after the coming into force of this Act) and includes—

    1. (a)

      a sub-tenancy, and

    2. (b)

      an agreement for a tenancy

    and references in this Act to the landlord and to the tenant are to be interpreted accordingly, and

  • “tenant”, where the tenancy is affected by a mortgage (within the meaning of the M1Law of Property Act 1925) and the mortgagee proposes to exercise his statutory or express power of sale, includes the mortgagee.

(2)

An application or notice is to be treated as served for the purposes of this Act if—

(a)

served in any manner provided in the tenancy, and

(b)

in respect of any matter for which the tenancy makes no provision, served in any manner provided by section 23 of the M2Landlord and Tenant Act 1927.

(3)

This Act does not apply to a secure tenancy (defined in section 79 of the M3Housing Act 1985) F1or to an introductory tenancy (within the meaning of Chapter I of Part V of the Housing Act 1996) F2or to an occupation contract (within the meaning of section 7 of the Renting Homes (Wales) Act 2016 (anaw 1)).

(4)

This Act applies only to applications for consent or approval served after its coming into force.

Annotations

Textual amendments

F1

Words in s. 5(3) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 5

F2

Words in s. 5(3) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 17(2)

Marginal citations

M1

1925 c.20.

M2

1927 c.36.

M3

1985 c.68.