Part V Conduct of tenants

Chapter I Introductory Tenancies F7: England

Annotations:
Amendments (Textual)
F7

Word in Pt. 5 Ch. 1 heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(3) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)

Supplementary

I1138 Jurisdiction of county court.

1

F4The county court has jurisdiction to determine questions arising under this Chapter and to entertain proceedings brought under this Chapter and claims, for whatever amount, in connection with an introductory tenancy.

2

That jurisdiction includes jurisdiction to entertain proceedings as to whether a statement supplied in pursuance of section 136(2)(b) (written statement of certain terms of tenancy) is accurate notwithstanding that no other relief is sought than a declaration.

3

If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court, he is not entitled to recover any costs.

F34

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F35

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F36

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139 Meaning of “dwelling-house”.

1

For the purposes of this Chapter a dwelling-house may be a house or a part of a house.

2

Land let together with a dwelling-house shall be treated for the purposes of this Chapter as part of the dwelling-house unless the land is agricultural land which would not be treated as part of a dwelling-house for the purposes of Part IV of the M1Housing Act 1985 (see section 112(2) of that Act).

140 Members of a person’s family: Chapter I.

1

A person is a member of another’s family within the meaning of this Chapter if—

a

he is the spouse F5or civil partner of that person, or he and that person live together F6as if they were a married couple orF1civil partners, or

b

he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

2

For the purpose of subsection (1)(b)—

a

a relationship by marriage F2or civil partnership shall be treated as a relationship by blood,

b

a relationship of the half-blood shall be treated as a relationship of the whole blood, and

c

the stepchild of a person shall be treated as his child.

I2141 Consequential amendments: introductory tenancies.

1

The enactments mentioned in Schedule 14 have effect with the amendments specified there which are consequential on the provisions of this Chapter.

2

The Secretary of State may by order make such other amendments or repeals of any enactment as appear to him necessary or expedient in consequence of the provisions of this Chapter.

3

Without prejudice to the generality of subsection (2), an order under that subsection may make such provision in relation to an enactment as the Secretary of State considers appropriate as regards its application (with or without modifications) or non-application in relation to introductory tenants or introductory tenancies.

Annotations:
Commencement Information
I2

S. 14 who1ly in force 4.2.1997: s. 141 not in force at Royal Assent, see s. 232(1)-(3); s. 141(2)(3) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 141(1) in force at 4.2.1997 by S.I. 1997/66, art. 2

142 Regulations and orders.

Any regulations or order under this Part—

a

may contain such incidental, supplementary or transitional provisions, or savings, as the Secretary of State thinks fit, and

b

shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

143 Index of defined expressions: introductory tenancies.

The following Table shows provisions defining or otherwise explaining provisions used in this Chapter (other than provisions defining or explaining an expression in the same section)—

adopt (in relation to periodic tenancy)

section 124(4)

assured tenancy and assured shorthold tenancy

section 230

dwelling-house

section 139

housing action trust

section 230

introductory tenancy and introductory tenant

section 124

local housing authority

section 230

member of family

section 140

registered social landlord

section 2

secure tenancy and secure tenant

section 230