Section 44 — Housing Act 1988: Application to Crown Property.

Application to Crown Property. 44 1 Subject to paragraph 11 of Schedule 1 to this Act and subsection (2) subsections (1A) and (2) below, Chapters I to IV above apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as they apply in relation to premises in relation to which no such interest subsists or ever subsisted. 1A In Chapter 1—

a section 16J does not bind the Crown;

b in section 16K(1) as it applies by virtue of subsection (1), the reference to a person being guilty of an offence under section 16J is to be read as a reference to the person—

i being a landlord under an assured tenancy, or acting or purporting to act on behalf of such a landlord, and (in relation to that tenancy) satisfying the condition in paragraph (a) of section 16J(1) where the condition in paragraph (b) of section 16J(1) is also satisfied, ii contravening section 16E(2) or (3), iii satisfying the conditions in paragraphs (a) and (b) of section 16J(3), or iv satisfying the conditions in paragraphs (a) and (b)(i) of section 16J(4), and section 16K(4) is to be read accordingly. 1B Subsection (1A)(a) does not affect the criminal liability of persons in the service of the Crown.

2 In Chapter IV above—

a sections 27 and 28 do not bind the Crown;

and b the remainder binds the Crown to the extent provided for in section 10 of the Protection from Eviction Act 1977.

3 In this section “ Crown interest ” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.

4 Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of Chapters I to IV above, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.