Section 5 Interpretation.

In this act—

“action” includes a counterclaim, and any reference to the plaintiff in an action shall be construed accordingly;

“tenancy” means a tenancy created either immediately or derivatively out of the freehold, whether by a lease or underlease, by an agreement for a lease or underlease or by a tenancy agreement or in pursuance of any enactment, but does not include a mortgage term or any estate arising in favour of a mortgagor by his attorning tenant to his mortgagee;

“owner”, in relation to any land, means a person who is for the time being the owner of any freehold estate therein, or is entitled to a tenancy thereof for a term of years certain of which, at the time in question, not less than seven years remain unexpired, or is a mortgagee in possession (within the meaning of the Conveyancing Act, 1881 M1) where the estate mortgaged is either such a freehold estate or such a tenancy.