- a resolution for voluntary winding up
has the same meaning as in the Insolvency Act 1986.
- acquiring authority
means a person who could be authorised to acquire compulsorily the land to which the proposal mentioned in subsection (1) relates (regardless of whether the proposal is to acquire an interest in or a right over the land or to take temporary possession of it), and
- additional land
means the part of the house, building or factory not specified in the general vesting declaration;
- appropriate national authority
means— a in relation to a claim for compensation for the compulsory acquisition of land in England, the Secretary of State;
- association of individuals
includes a body corporate that exercises functions on behalf of an association of individuals;
- banning order
means an order, made by the First-tier Tribunal, banning a person from—
- banning order offence
means an offence of a description specified in regulations made by the Secretary of State.
- body corporate
includes a body incorporated outside England and Wales;
- building or maintenance work
means the erection, construction, carrying out or maintenance of any building or work;
- caravan
has the meaning given by section 29 of the Caravan Sites and Control of Development Act 1960;
- charitable incorporated organisation
means a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011;
- chief finance officer
has the same meaning as in section 5 of the Local Government and Housing Act 1989.
- client money protection scheme
means a scheme which enables a person on whose behalf a property agent holds money to be compensated if all or part of that money is not repaid in circumstances in which the scheme applies;
- company
means— (a) a company registered under the Companies Act 2006, or (b) an unregistered company;
- confidential information
means information—
- constitution
includes rules;
- database
means the database of rogue landlords and letting agents established under section 28;
- designated person
means a person—
- development permission
means planning permission or permission in principle (within the meaning of the 1990 Act). 6 For the purposes of this section— a the demand for self-build and custom housebuilding arising in an authority's area in a base period is the demand as evidenced by the number of entries added during that period to the register under section 1 kept by the authority;
- dwelling
has the meaning given by section 275 of the Housing and Regeneration Act 2008;
- Electrical safety standards
means standards specified in, or determined in accordance with, the regulations in relation to—
- English letting agency work
has the meaning given by section 54;
- English property management work
means things done by a person in the course of a business in response to instructions received from another person (“the client”) where—
- financial penalty
means a penalty that— (a) is imposed in respect of conduct that amounts to an offence, but (b) is imposed otherwise than following the person's conviction for the offence;
- financial year
means a period of 12 months ending with 31 March;
- government administered client money protection scheme
means a client money protection scheme that is administered by or on behalf of the Secretary of State;
- high income
has the meaning given by regulations under section 81;
- HMRC
means the Commissioners for Her Majesty's Revenue and Customs;
- house
includes any park or garden belonging to a house;
- houseboat
means a boat or similar structure designed or adapted for use as a place to live.”
- housing
means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling;
- housing administration order
has the meaning given by section 95;
- housing administration rules
means rules made under section 411 of the Insolvency Act 1986 as a result of section 102 above;
- housing administrator
has the meaning given by section 95 and is to be read in accordance with subsection (2) below;
- Housing Revenue Account
has the meaning given by section 74 of the Local Government and Housing Act 1989;
- insolvency legislation
means—
- interest
means a freehold or leasehold interest;
- land proposed to be acquired
means the part of the house, building or factory specified in the general vesting declaration;
- lead enforcement authority
has the meaning given by section 24(1) of the Tenant Fees Act 2019.
- legislation
includes provision made by or under— (a) an Act, (b) an Act of the Scottish Parliament, (c) Northern Ireland legislation, or (d) a Measure or Act of the National Assembly for Wales;
- letting agency work
means things done by a person in the course of a business in response to instructions received from—
- letting agent
has the meaning given by section 54;
- litigation costs
means costs incurred, or to be incurred, by the landlord in connection with proceedings of a kind mentioned in the table, and b “the relevant court or tribunal” means the court or tribunal mentioned in the table in relation to those proceedings.”
- local authority
has the meaning given by section 106 of the Housing Associations Act 1985;
- local authority in England
means a local weights and measures authority in England.
- local housing authority
has the meaning given by section 1 of the Housing Act 1985.
- local planning authority
has the same meaning as in the Town and Country Planning Act 1990;
- national policies and advice
means national policies and advice contained in guidance issued by the Secretary of State (as it has effect from time to time).”
- National Trust
means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907, and
- neighbourhood forum
means an organisation or body designated as such under section 61F;
- new affordable home
means a new dwelling in England that— (a) is to be made available for people whose needs are not adequately served by the commercial housing market, or (b) is a starter home as defined by section 2;
- new dwelling
means a building or part of a building that— (a) has been constructed for use as a single dwelling and has not previously been occupied, or (b) has been adapted for use as a single dwelling and has not been occupied since its adaptation;
- notice to treat
means a notice to treat deemed to have been served under section 7(1);
- obligation under a conservation covenant
has the same meaning as in Part 7 of the Environment Act 2021;
- offence to which this Chapter applies
has the meaning given by section 40;
- old dwelling
means a single dwelling taken into account under section 69(2) for the purposes of the determination.
- ordinary administration application
means an application in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986.
- other qualifying land
means land in England and Wales that has at any time before 13 July 2016 been— (a) acquired by the National Assembly for Wales or the Welsh Ministers under section 21A of the Welsh Development Agency Act 1975;
- owner
has the meaning given in section 7 of the Acquisition of Land Act 1981.
- planning area
means the area of a local planning authority, or an area comprising two or more adjoining areas of local planning authorities;
- planning consent
means— (a) permission under Parts 3 or 13 of the Town and Country Planning Act 1990,...
- planning obligation
means a planning obligation under section 106 of the Town and Country Planning Act 1990 (whether entered into before or after this section comes into force);
- planning permission
means planning permission under Part 3 of that Act;
- planning provision
means a provision to do with planning that is contained in or made under any Act;
- premises
includes land, buildings, moveable structures, vehicles and vessels;
- prescribed
means prescribed in a development order;
- private landlord
means a landlord who is not within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies);
- private registered provider
means a private registered provider of social housing (see section 80 of the Housing and Regeneration Act 2008);
- prohibited person
means—
- property agent
means— (a) a person who engages in English letting agency work within the meaning of section 54, or (b) a person who engages in English property management work within the meaning of section 55, other than a person who engages in that work in the course of the person's employment under a contract of employment.
- property manager
has the meaning given by section 55;
- protected right
means— (a) a right vested in, or belonging to, a statutory undertaker for the purpose of carrying on its statutory undertaking, or (b) a right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network (and expressions used in this paragraph have the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003);
- qualifying document
means a document, as it has effect from time to time, which— (a) falls within subsection (3), (b) indicates that the land in question is allocated for development for the purposes of this section, and (c) contains prescribed particulars in relation to the land allocated and the kind of development for which it is allocated. 3 The following documents fall within this subsection— a a register maintained in pursuance of regulations under section 14A of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”);
- qualifying tenant
means a tenant who, under the terms of the lease, is required to contribute to the same costs as another tenant by the payment of a service charge.”
- registered provider
means a registered provider of social housing (see section 80 of the Housing and Regeneration Act 2008);
- registered society
has the same meaning as in the Co-operative and Community Benefit Societies Act 2014;
- Regulator of Social Housing
has the meaning given by section 92A of the Housing and Regeneration Act 2008;
- relevant application
means— a an application for planning permission, or permission in principle, for the development of land in England, or b an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in England, but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations.”
- relevant award of universal credit
means an award of universal credit the calculation of which included an amount under section 11 of the Welfare Reform Act 2012;
- relevant date
has the meaning given by section 1(8) of the Leasehold Reform, Housing and Urban Development Act 1993.
- relevant day
means— (a) in relation to a specified company which is a company or body through which Transport for London exercises any of its functions, 19th July 2017, and (b) in all other cases, 13 July 2016. • “relevant right or interest” means any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land (including any natural right to support);
- relevant housing offence
means an offence under— a section 30 (failure to comply with improvement notice), b section 72 (licensing of HMOs), c section 95 (licensing of houses under Part 3), d section 139(7) (failure to comply with overcrowding notice), or e section 234 (management regulations in respect of HMOs). 3 Only one financial penalty under this section may be imposed on a person in respect of the same conduct. 4 The amount of a financial penalty imposed under this section is to be determined by the local housing authority, but must not be more than £30,000. 5 The local housing authority may not impose a financial penalty in respect of any conduct amounting to a relevant housing off
- relevant person
means— (a) in relation to a body corporate other than one the affairs of which are managed by its members, a director, manager, secretary or other similar officer of the body;
- relevant planning application
means an application which— (a) relates to land in the area for which the neighbourhood forum is designated;
- relevant planning authority
means the local planning authority for an area that is or forms part of a planning area;
- relevant qualifying tenant
means— (a) a person who is a qualifying tenant of a dwelling in England and a member of the relevant tenants' association, or (b) a person who is a qualifying tenant of a dwelling in England by virtue of being required to contribute to the same costs as a qualifying tenant who is a member of the relevant tenants' association;
- relevant right or interest
means any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land (including any natural right to support);
- relevant time
has the meaning given by section 37(1)(d) of the Leasehold Reform Act 1967.
- rent
includes any payment in respect of which an amount under section 11 of the Welfare Reform Act 2012 may be included in the calculation of an award of universal credit;
- rent regulations
has the meaning given by section 80;
- rent repayment order
has the meaning given by section 40.
- residential landlord
means a landlord of housing;
- residential premises
means premises all or part of which comprise a dwelling;
- responsible local housing authority
means the local housing authority for the area in which the housing to which the conduct relates is situated.
- revenue and customs information relating to a person
has the meaning given by section 19(2) of the Commissioners for Revenue and Customs Act 2005;
- right to buy discount
means a discount given to a tenant of a dwelling on the disposal of the dwelling to the tenant otherwise than in the exercise of a right conferred by an Act.
- Scottish firm
means a firm constituted under the law of Scotland;
- self-build and custom housebuilding
means the building or completion by— a individuals, b associations of individuals, or c persons working with or for individuals or associations of individuals, of houses to be occupied as homes by those individuals.
- social housing
has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see sections 68 and 72 of that Act);
- specified
means specified in the notice.”
- specified authority
means— (a) a Minister of the Crown or the Welsh Ministers or a government department, (b) a local authority as defined by section 7 of the Acquisition of Land Act 1981, (c) a body established by or under an Act, (d) a body established by or under an Act or Measure of the National Assembly for Wales, or (e) a statutory undertaker;
- specified company
means— (a) a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration, or (b) a company or body through which Transport for London exercises any of its functions;
- specified information
means information, of a description specified in the arrangements, that relates to a tenancy of premises in the local housing authority's area. 3 Arrangements made by virtue of this section may make the requirement to provide information or facilities to a local housing authority conditional on the payment of a fee. 4 Arrangements made by virtue of this section may include supplementary provision, for example about— a the form or manner in which any information is to be provided, b the time or times at which it is to be provided, and c the notification of anyone to whom the information relates. 5 Information obtained by a local housing authority by virtue of this sect
- specified offence
means an offence under— (a) section 1(2) of the Protection from Eviction Act 1977;
- statutory undertaker
means— (a) a person who is, or who is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990, or (b) a person in relation to whom the electronic communications code is applied by a direction under section 106(3)(a) of the Communications Act 2003;
- surplus
means any amount of rent or other payments collected or recovered as mentioned in subsection (3) that remains after deductions to meet relevant expenditure and any amounts of compensation payable as mentioned in that subsection.”
- tenancy
includes a licence to occupy (and “landlord” is to be read accordingly).
- tenant
includes prospective tenant.
- the appropriate Minister
means— (a) in the case of land in Wales held by a water or sewerage undertaker, the Welsh Ministers, and (b) in any other case, the Secretary of State;
- the ban on letting housing in England
means the ban on letting contained in the banning order mentioned in section 102(7A).”
- The home ownership criteria
means criteria, specified in the request, that relate to the sale of dwellings by private registered providers to tenants otherwise than in exercise of a right conferred by an Act.
- the lead enforcement authority
means— a the Secretary of State, or b a person whom the Secretary of State has arranged to be the lead enforcement authority in accordance with subsection (2). 2 The Secretary of State may make arrangements for one of the following to be the lead enforcement authority for the purposes of this Act (for the whole of the United Kingdom) instead of the Secretary of State— a a local weights and measures authority in Great Britain, or b the Department of Enterprise, Trade and Investment in Northern Ireland. 3 The arrangements— a may include provision for payments by the Secretary of State;
- the maximum rent
means the rent that a local housing authority is required to charge a high income tenant of the premises under section 80 (or, if regulations under section 80(3)(a) provide for different rents for people with different incomes, the rent that a person in the highest income bracket would be required to pay).
- the relevant ban on letting housing in England
means the ban on letting contained in the banning order mentioned in section 102(7A).”
- the relevant court or tribunal
means the court or tribunal mentioned in the table in relation to those proceedings.”
- trusts
has the same meaning as in the Charities Act 2011, see section 353 of that Act).
- unregistered company
means a company that is not registered under the Companies Act 2006.
- whole of the land
means the land proposed to be acquired and the additional land. 4 A person who is able to sell the whole of the land (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner's interest in the whole of the land. 5 A counter-notice under this Part must be served within— a the period of 28 days beginning with the day on which the notice to treat was served, or b if it would end earlier, the period specified in a repeat notice of entry served in accordance with section 11A. 6 If the owner serves a counter-notice— a any notice of entry under section 11(1) that has already been served on the owner in respect of the land proposed to be acquired ceases to have effect, and b the acquiring authority may not serve a notice of entry (or a further notice of entry) on the owner under section 11(1) in respect of that land unless they are permitted to do so by paragraph 11 or 12. 7 On receiving a counter-notice the acquiring authority must decide whether to— a withdraw the notice to treat, b accept the counter-notice, or c refer the counter-notice to the Upper Tribunal. 8 The authority must serve notice of their decision on the owner with