Main purpose test for letting with other land, HA 1988 s.2
Determines if land let with a dwelling-house is part of the dwelling-house for assured tenancy purposes, based on main purpose of letting.
If, under a tenancy, a dwelling-house is let together with other land, then, for the purposes of this Part of this Act,— if and so long as the main purpose of the letting is the provision of a home for the tenant or, where there are joint tenants, at least one of them, the other land shall be treated as part of the dwelling-house; and if and so long as the main purpose of the letting is not as mentioned in paragraph (a) above, the tenancy shall be treated as not being one under which a dwelling-house is let as a separate dwelling. Nothing in subsection (1) above affects any question whether a tenancy is precluded from being an assured tenancy by virtue of any provision of Schedule 1 to this Act.
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
This section deals with mixed lettings where a dwelling-house is let together with other land (for example, a cottage with a field or a flat with a commercial unit).
If the main purpose of the letting is to provide a home for the tenant (or at least one joint tenant), then the other land is treated as part of the dwelling-house. This means the whole letting is an assured tenancy, assuming other conditions are met.
If the main purpose is not to provide a home (for example, the letting is primarily for business or agricultural use), then the tenancy is not treated as letting a dwelling-house as a separate dwelling. In that case, it is not an assured tenancy under this Part of the Act.
This section does not override the exclusions in Schedule 1 (e.g., holiday lettings, student lettings, or lettings to companies).
When it applies
- A farmer rents out a cottage with a few acres of land to a farm worker, intending the cottage to be the worker's home.
- A landlord lets a flat above a shop together with the shop premises, where the tenant runs the shop and lives upstairs.
- A house is let with a large garden that the tenant uses for a commercial plant nursery, and the main purpose of the letting is the business use.
- A holiday let includes a small plot of land for camping, but the main purpose is a short-term holiday, not a home.
What this section does not say
- This section does not determine whether a tenancy of a dwelling-house alone is an assured tenancy (that is covered by section 1 of the Act).
- It does not affect succession rights under section 17 or possession procedures under section 21.
- It does not apply to tenancies that are excluded from being assured tenancies by Schedule 1, such as student lettings or lettings at a high rent.
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This page reproduces the text of HA 1988 s. 2 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.