Definitions of Part III terms HA 1988 s. 92
Section 92 defines key statutory terms including house, flat, secure tenancy, and introductory tenancy for Part III of the Housing Act 1988.
In this Part of this Act, except where the context otherwise requires,— “ designated area ” and “ designation order ” have the meaning assigned by section 60(6) above; any reference to a “ house ” includes a reference to a flat and to any yard, garden, outhouses and appurtenances belonging to the house or flat or usually enjoyed with it; “ housing accommodation ” includes flats, lodging-houses and hostels; “introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996 and “introductory tenant” shall be construed accordingly; “ local housing authority ” has the same meaning as in the Housing Act 1985 and section 2 of that Act (the district of a local housing authority) has effect in relation to this Part of this Act as it has effect in relation to that Act; “ local authority housing ” means housing accommodation provided by a local housing authority (whether in its own district or not); “ secure tenancy ” has the meaning assigned by section 79 of the Housing Act 1985 and “ secure tenant ” shall be construed accordingly; and “the 1990 Act” means the Town and Country Planning Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 92 defines statutory terms used throughout Part III of the Housing Act 1988, which governs Housing Action Trusts. It specifies that references to a house include flats as well as attached yards, gardens, outhouses, and appurtenances usually enjoyed with the property.
The section also cross-references other legislation to define specific terms. Introductory tenancy takes its meaning from Chapter I of Part V of the Housing Act 1996. Local housing authority and secure tenancy take their meanings from sections 2 and 79 of the Housing Act 1985. The 1990 Act refers to the Town and Country Planning Act 1990.
When it applies
- Determining whether a garden or outhouse counts as part of a house under Housing Action Trust provisions.
- Confirming whether a flat qualifies as a house or housing accommodation within a designated area.
- Checking whether a council tenancy meets the definition of a secure tenancy under section 79 of the Housing Act 1985 for Part III purposes.
What this section does not say
- Determining tenancy rights or eviction procedures for private tenancies under Part I of the Act.
- General duties of local housing authorities outside designated Housing Action Trust areas.
- The full statutory definition of secure tenancies, which is found in section 79 of the Housing Act 1985.
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This page reproduces the text of HA 1988 s. 92 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.