Housing Act 1996

Supplementary

138Jurisdiction of county court

(1)A 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.

(4)The Lord Chancellor may make such rules and give such directions as he thinks fit for the purpose of giving effect to this section.

(5)The rules and directions may provide—

(a)for the exercise by a district judge of a county court of any jurisdiction exercisable under this section, and

(b)for the conduct of proceedings in private.

(6)The power to make rules is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

139Meaning 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 [1985 c. 68.] Housing Act 1985 (see section 112(2) of that Act).

140Members 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 of that person, or he and that person live together as husband and wife, 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 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.

141Consequential 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.

142Regulations 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.

143Index 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)—