Levelling-up and Regeneration Act 2023

Prospective

216CompensationE+W

(1)A person interested in land is entitled to compensation for damage as a result of the exercise of the power conferred by section 211.

(2)Such compensation is payable by the local authority that authorised the exercise of the power.

(3)Any disputes relating to compensation under this section are to be determined by the Upper Tribunal.

(4)The provisions of section 4 of the Land Compensation Act 1961 apply to the determination of such disputes, with any necessary modifications.

(5)Except as provided by subsection (1), no compensation is payable in respect of the exercise of the powers conferred by this Part.

Prospective

217Power to modify or disapply enactments applicable to lettingE+W

(1)Subsection (2) applies to an enactment which imposes obligations on a lessor or prospective lessor of premises in relation to—

(a)the letting of the premises, or

(b)the premises while let.

(2)Regulations may provide for the enactment to—

(a)apply with modifications, or

(b)not to apply,

in relation to a tenancy granted (or to be granted) further to a contract entered into under section 204, or the premises demised by such a tenancy.

(3)In this section “enactment” includes an enactment comprised in subordinate legislation, within the meaning given by section 21(1) of the Interpretation Act 1978.

Prospective

218Interpretation of Part 10E+W

(1)The following provisions apply for the purposes of this Part.

(2)Each of the following is a local authority—

(a)a district council in England,

(b)a county council in England for any area for which there is no district council,

(c)a London borough council,

(d)the Common Council of the City of London, and

(e)the Council of the Isles of Scilly.

(3)“Premises” means—

(a)the whole of a building that is designed or adapted to be used as a whole, or

(b)any part of a building that—

(i)is designed or adapted to be used separately from the other parts, or

(ii)could with reasonable adaptation be so used.

(4)Premises are situated on a street if the building comprising or containing the premises—

(a)directly adjoins the street, or

(b)is separated from the street only by the curtilage of the building.

(5)“Street” means a street, within the meaning given by section 48(1) of the New Roads and Street Works Act 1991, to which the public have access on foot (whether by right or permission); and includes any part of a street.

(6)“The landlord”, in relation to premises, means a person who—

(a)is entitled to possession of the premises, and

(b)has sufficient interest in the premises to be capable of granting a tenancy of the premises of at least one year in duration.

(7)For the purposes of subsection (6) as it applies in relation to—

(a)the service of a final letting notice in the circumstances described in section 198(1)(c)(ii), and

(b)the operation of this Part following the service of such a notice,

the tenancy, licence or agreement referred to in section 198(1)(c)(ii) is to be ignored.

(8)“Short-term tenancy” means a tenancy for a term of at least one year but not exceeding five years.

(9)References to the terms of a contract or tenancy include covenants, conditions and grants.

(10)“Mortgagee” is to be read as if any charge or lien for securing money or money’s worth was a “mortgage”.

(11)References to regulations are to regulations made by the Secretary of State.