Part IV definition of terms: HA 1988 s. 114
HA 1988 s. 114 defines terms in Part IV, including habitable rooms, public sector landlords, property, and cross-references to the 1985 Act.
In this Part— “ the 1985 Act ” means the Housing Act 1985; “ the Corporation ” means the Housing Corporation or Housing for Wales but— an approval given by the Housing Corporation shall not have effect in relation to buildings or other property in Wales; and an approval given by Housing for Wales shall not have effect in relation to buildings or other property in England; “ qualifying tenant ” shall be construed in accordance with subsections (3) and (4) of section 93 above; “ prescribed ” means prescribed by regulations made by the Secretary of State; “ property ” means land with or without buildings; “ public sector landlord ” has the meaning given by section 93(2) above; “ the relevant date ” has the meaning given by section 93(5) above; and “ habitable room ”, in relation to a house, means a room used, or intended for use, as a bedroom, living room, dining room or kitchen. Subject to subsection (1) above, in this Part expressions which are also used in Part V of the 1985 Act have the same meaning as in that Part.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 114 of the Housing Act 1988 provides interpretation rules for terms used throughout Part IV. It defines a habitable room specifically as a room used or intended for use as a bedroom, living room, dining room, or kitchen. It also defines property as land with or without buildings.
The section establishes territorial limits for statutory bodies, specifying that approvals granted by the Housing Corporation do not take effect for property in Wales, and approvals by Housing for Wales do not apply to property in England.
For terms like qualifying tenant, public sector landlord, and relevant date, it directs readers to section 93. Any other terms used in Part IV that also appear in Part V of the Housing Act 1985 carry the same meaning as they do in that 1985 Act, subject to subsection 1.
When it applies
- Determining whether a kitchen or dining room counts as a habitable room during a public sector housing transaction.
- Checking whether an approval given by Housing for Wales applies to a building located in England.
- Deciding if a piece of land without any buildings on it qualifies as property under Part IV.
- Confirming whether an unlisted term in Part IV inherits its legal meaning from Part V of the Housing Act 1985.
What this section does not say
- Defining the complete qualification rules for tenants directly, as section 114 refers to section 93 for those details.
- Setting out landlord repair duties, which are covered elsewhere in the legislation.
- Defining general terms outside of Part IV of the Housing Act 1988.
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This page reproduces the text of HA 1988 s. 114 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.