Interpretation of Part I - HA 1988 s. 45
Defines key terms for Part I assured tenancies: dwelling-house, fixed term, landlord, tenant, pet, etc. Also covers joint parties and tenancy start dates.
In this Part of this Act, except where the context otherwise requires,— “ appropriate tribunal ” means— in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; in relation to a dwelling-house in Wales, a rent assessment committee; “ dwelling-house ” may be a house or part of a house; “ fixed term tenancy ” means any tenancy other than a periodic tenancy; “ fully mutual housing association ” has the same meaning as in Part I of the Housing Associations Act 1985; “ landlord ” includes any person from time to time deriving title under the original landlord and also includes, in relation to a dwelling-house, any person other than a tenant who is, or but for the existence of an assured tenancy would be, entitled to possession of the dwelling-house; “ let ” includes “sub-let”; “ pet ” means an animal kept by a person mainly for— personal interest, companionship, ornamental purposes, or any combination of paragraphs (a) to (c); “ prescribed ” means prescribed by regulations made by the Secretary of State by statutory instrument; “ rates ” includes water rates and charges but does not include an owner’s drainage rate, as defined in section 63(2)(a) of the Land Drainage Act 1976; “ secure contract ” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act); “ secure tenancy ” has the meaning assigned by section 79 of the Housing Act 1985; “ statutory periodic tenancy ” has the meaning assigned by section 5(7) above; “ tenancy ” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy; and “ tenant ” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant. Subject to paragraph 11 of Schedule 2 to this Act, any reference in this Part of this Act to the beginning of a tenancy is a reference to the day on which the tenancy is entered into or, if it is later, the day on which, under the terms of any lease, agreement or other document, the tenant is entitled to possession under the tenancy. Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where this Part of this Act otherwise provides, any reference to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require. For the avoidance of doubt, it is hereby declared that any reference in this Part of this Act (however expressed) to a power for a landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy. Regulations under subsection (1) above may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
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 defines the key terms used in Part I of the Housing Act 1988. For example, a 'dwelling-house' can be a house or part of a house. A 'fixed term tenancy' is any tenancy that is not a periodic tenancy. The 'landlord' includes anyone who later takes over the landlord's title, and anyone who would be entitled to possession if not for the assured tenancy. The 'tenant' includes sub-tenants and anyone who derives title from the original tenant. A 'pet' is an animal kept mainly for personal interest, companionship, or ornamental purposes, or any combination.
The section also defines the appropriate tribunal for disputes: in England, the First-tier Tribunal or Upper Tribunal; in Wales, a rent assessment committee. It clarifies that references to the start of a tenancy mean the date the tenancy agreement is made, or if later, the date the tenant is entitled to possession. If there are joint landlords or tenants, references to them mean all of them together. Importantly, a power to end a tenancy does not include a power to re-enter or forfeit for breach of a term. The Secretary of State can make regulations to define terms differently for different cases or areas.
When it applies
- A tenant argues that their tenancy is a fixed term because it has a specific end date, not a rolling periodic term.
- A landlord sells the property and the new owner tries to evict a tenant, who claims the new owner is now the landlord under the definition.
- A tenant keeps a dog for companionship, and the landlord claims it is not a pet because it is not kept for personal interest – the definition settles this.
- A dispute arises over which tribunal should hear a rent issue: the First-tier Tribunal in England or a rent assessment committee in Wales.
- A subtenant is evicted and argues that the definition of 'tenant' includes sub-tenants, so they have the same rights.
What this section does not say
- This section does not set out the grounds for possession or eviction procedures (those are in sections 7 and 8 of the Act).
- It does not define what constitutes an 'assured tenancy' itself (that is in section 1 of the Housing Act 1988).
- It does not cover the rights of tenants under secure tenancies from the Housing Act 1985, though it references that definition.
- It does not govern the procedure for rent assessment committees or the First-tier Tribunal beyond naming them.
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This page reproduces the text of HA 1988 s. 45 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.