OpenLegislation

Section 22 InterpretationI1

England and Wales

(1)

In this Act a “long lease” means—

(a)

a lease granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry or forfeiture or otherwise;

(b)

a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease;

(c)

a lease taking effect under section 149(6) of the Law of Property Act 1925 (leases terminable after a death, marriage or civil partnership).

(2)

In this Act—

  • “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;

  • “lease”—

    1. (a)

      means a lease at law or in equity (and references to the grant of a lease are to be construed accordingly);

    2. (b)

      includes a sub-lease;

    3. (c)

      does not include a mortgage term;

  • “premium” means any pecuniary consideration for the grant of a lease, other than rent;

  • “relevant authority” means—

    1. (a)

      in relation to a lease of premises in England, the Secretary of State;

    2. (b)

      in relation to a lease of premises in Wales, the Welsh Ministers;

  • “rent” includes anything in the nature of rent, whatever it is called.

(3)

A sum expressed to be payable in respect of rates, council tax, services, repairs, maintenance, insurance or other ancillary matters is not rent for the purposes of this Act merely because it is reserved as rent in the lease.

(4)

In this Act—

  • “enforcement authority” has the meaning given by section 8(5);

  • “grant”, in relation to a lease, is to be read in accordance with section 1(4) and subsection (2);

  • “peppercorn rent” has the meaning given by section 4(3);

  • “permitted rent” has the meaning given by sections 4 to 6;

  • “prohibited rent” has the meaning given by section 3(4);

  • “regulated lease” has the meaning given by section 1(1);

  • “relevant commencement day” has the meaning given by section 1(2).

Annotations

Commencement

I1

S. 22 in force at Royal Assent, see s. 25(1)(b)