Section 263 — Housing Act 2004: Meaning of “person having control” and “person managing” etc.

Meaning of “person having control” and “person managing” etc. 263 1 In this Act “ person having control ”, in relation to premises, means (unless the context otherwise requires) the person who receives the rack-rent of the premises (whether on his own account or as agent or trustee of another person), or who would so receive it if the premises were let at a rack-rent.

2 In subsection (1) “ rack-rent ” means a rent which is not less than two-thirds of the full net annual value of the premises.

3 In this Act “ person managing ” means, in relation to premises, the person who, being an owner or lessee of the premises—

a receives (whether directly or through an agent or trustee) rents or other payments from—

i in the case of a house in multiple occupation, persons who are in occupation as tenants or licensees of parts of the premises;

and ii in the case of a house to which Part 3 applies (see section 79(2)), persons who are in occupation as tenants or licensees of parts of the premises, or of the whole of the premises; or b would so receive those rents or other payments but for having entered into an arrangement (whether in pursuance of a court order or otherwise) with another person who is not an owner or lessee of the premises by virtue of which that other person receives the rents or other payments; and includes, where those rents or other payments are received through another person as agent or trustee, that other person.

4 In its application to Part 1, subsection (3) has effect with the omission of paragraph (a)(ii).

5 References in this Act to any person involved in the management of a house in multiple occupation or a house to which Part 3 applies (see section 79(2)) include references to the person managing it.