Section 262 — Housing Act 2004: Meaning of “lease”, “tenancy”, “occupier” and “owner” etc.

Meaning of “lease”, “tenancy”, “occupier” and “owner” etc. 262 1 In this Act “ lease ” and “ tenancy ” have the same meaning.

2 Both expressions include—

a a sub-lease or sub-tenancy;

and b an agreement for a lease or tenancy (or sub-lease or sub-tenancy). And see sections 108 and 117 and paragraphs 3 and 11 of Schedule 7 (which also extend the meaning of references to leases).

3 The expressions “ lessor ” and “ lessee ” and “ landlord ” and “ tenant ” and references to letting, to the grant of a lease or to covenants or terms, are to be construed accordingly.

4 In this Act “ lessee ” includes a statutory tenant of the premises; and references to a lease or to a person to whom premises are let are to be construed accordingly.

5 In this Act any reference to a person who is a tenant under a lease with an unexpired term of 3 years or less includes a statutory tenant as well as a tenant under a yearly or other periodic tenancy.

6 In this Act “ occupier ”, in relation to premises, means a person who—

a occupies the premises as a residence, and b (subject to the context) so occupies them whether as a tenant or other person having an estate or interest in the premises or as a licensee; and related expressions are to be construed accordingly. This subsection ... has effect subject to any other provision defining “occupier” for any purposes of this Act.

7 In this Act “ owner ”, in relation to premises—

a means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple of the premises whether in possession or in reversion;

and b includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds 3 years.

8 In this Act “ person having an estate or interest ”, in relation to premises, includes a statutory tenant of the premises.

9 In this Act “ licence ”, in the context of a licence to occupy premises—

a includes a licence which is not granted for a consideration, but b excludes a licence granted as a temporary expedient to a person who entered the premises as a trespasser (whether or not, before the grant of the licence, another licence to occupy those or other premises had been granted to him); and related expressions are to be construed accordingly. And see sections 108 and 117 and paragraphs 3 and 11 of Schedule 7 (which also extend the meaning of references to licences).