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Housing Act 2004

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This is the original version (as it was originally enacted).

Chapter 4Supplementary provisions

145Supplementary provisions

(1)The appropriate national authority may by regulations make such provision as it considers appropriate for supplementing the provisions of Chapter 1 or 2 in relation to cases where a local housing authority are to be treated as the lessee under a lease under—

(a)section 107(5) or 116(5), or

(b)paragraph 2(6) or 10(6) of Schedule 7.

(2)Regulations under this section may, in particular, make provision—

(a)as respects rights and liabilities in such cases of—

(i)the authority,

(ii)the person who (apart from the relevant provision mentioned in subsection (1)) is the lessee under the lease, or

(iii)other persons having an estate or interest in the premises demised under the lease;

(b)requiring the authority to give copies to the person mentioned in paragraph (a)(ii) of notices and other documents served on them in connection with the lease;

(c)for treating things done by or in relation to the authority as done by or in relation to that person, or vice versa.

146Interpretation and modification of this Part

(1)In this Part—

  • “HMO” means a house in multiple occupation as defined by sections 254 to 259,

  • “Part 3 house” means a house to which Part 3 of this Act applies (see section 79(2)),

and any reference to an HMO or Part 3 house includes (where the context permits) a reference to any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, it (or any part of it).

(2)For the purposes of this Part “mortgage” includes a charge or lien, and “mortgagee” is to be read accordingly.

(3)The appropriate national authority may by regulations provide for—

(a)any provision of this Part, or

(b)section 263 (in its operation for the purposes of any such provision),

to have effect in relation to a section 257 HMO with such modifications as are prescribed by the regulations.

(4)A “section 257 HMO” is an HMO which is a converted block of flats to which section 257 applies.

147Index of defined expressions: Part 4

The following table shows where expressions used in this Part are defined or otherwise explained.

ExpressionProvision of this Act
Appropriate national authoritySection 261(1)
DwellingSection 132(4)(a) and (b)
Final EDMOSection 132(1)(b)
Final management orderSection 101(4)
HealthSection 2(5)
HMOSection 146(1)
The houseSection 101(5) or 103(8)
Immediate landlordSection 109(6) or 118(6)
Interim EDMOSection 132(1)(a)
Interim management orderSection 101(3)
LandlordSection 262(3)
Lease, lessee, etc.Section 262(1) to (4)
Licence (to occupy premises)Section 262(9)
Local housing authoritySection 261(2) to (5)
ModificationsSection 250(7)
Mortgage, mortgageeSection 146(2)
Occupier (and related expressions)Section 262(6)
OwnerSection 262(7)
Part 3 houseSection 146(1)
Person having controlSection 263(1) and (2)
Person having estate or interestSection 262(8)
Person managingSection 263(3)
Relevant proprietorSection 132(4)(c) and (5)
Rent or other payments (in Chapter 2)Section 132(4)(e)
Residential property tribunalSection 229
Tenancy, tenant, etc.Section 262(1) to (5)
Third party (in Chapter 1)Section 101(7)
Third party (in Chapter 2)Section 132(4)(d).

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