Definition of 'lease' and 'dwelling-house' (LTA 1985 s.16)
Defines 'lease' (excluding mortgage terms), 'lease of a dwelling-house', 'dwelling-house', 'lessee', and 'lessor' for LTA 1985 ss. 11-15.
In sections 11 to 15 (repairing obligations in short leases)— “ lease ” does not include a mortgage term; “ lease of a dwelling-house ” means a lease by which a building or part of a building is let wholly or mainly as a private residence and “ dwelling-house ” means that building or part of a building; “ lessee ” and “ lessor ” mean, respectively, the person for the time being entitled to the term of a lease and to the reversion expectant on it.
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 sets out the meaning of key terms used in sections 11 to 15 of the Landlord and Tenant Act 1985, which deal with repairing obligations in short leases. The definitions apply only to those sections.
'Lease' does not include a mortgage term. A 'lease of a dwelling-house' means a lease where a building or part of a building is let wholly or mainly as a private residence. The term 'dwelling-house' refers to that building or part.
'Lessee' is the person currently entitled to the term of the lease, and 'lessor' is the person entitled to the reversion (the landlord's interest). These definitions determine whether the repairing obligations in sections 11 to 15 apply to a particular tenancy.
When it applies
- My landlord says my lease is a mortgage term, not a lease, so he does not have to repair.
- I rent a flat above a shop and the landlord says the lease is not a lease of a dwelling-house because the building is partly commercial.
- I have a short lease and the landlord refuses to fix the roof, claiming the repairing obligations do not apply.
- The head landlord says my sublease is not a lease of a dwelling-house, so he is not responsible for repairs.
- My lease says I am responsible for repairs, but I believe section 11 overrides that because it is a short lease of a dwelling-house.
What this section does not say
- This definition does not apply to other parts of the Act, such as sections 18-20 on service charges.
- It does not define 'lease' for the Housing Act 1988 or other statutes.
- It does not determine whether a lease is a 'short lease' under section 13 of this Act.
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This page reproduces the text of LTA 1985 s. 16 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.