Section 322 — Housing Act 1985: Minor definitions.

Minor definitions. 322 1 In this Part the following expressions have the same meaning as in Part 1 of the Housing Act 2004 (see sections 1(5) to (7) and 2(1) of that Act)— “ building containing one or more flats ”, “ category 1 hazard ”, “ category 2 hazard ”, “ common parts ”, in relation to a building containing one or more flats, “ dwelling ”, “ flat ”, “ hazard ”.

2 In this Part— “ health ” includes mental health; “ house in multiple occupation ” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act); “ owner ”, in relation to premises— means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in premises, whether in possession or reversion, and includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years; “ premises ” in relation to a demolition order, means the dwelling, house in multiple occupation or building in respect of which the order is made.

3 This Part applies to unoccupied HMO accommodation (as defined by section 1(5) of the Housing Act 2004) as it applies to a house in multiple occupation, and references to a house in multiple occupation in this Part are to be read accordingly.

4 In this Part “appropriate tribunal” means—

a in relation to premises in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal;

and b in relation to premises in Wales, a residential property tribunal.