Meaning of lease and tenancy LTA 1985 s. 36
Under LTA 1985 s. 36, lease and tenancy share the same meaning, encompassing sub-leases, sub-tenancies, and agreements for leases or tenancies.
In this Act “ lease ” and “ tenancy ” have the same meaning. Both expressions include— a sub-lease or sub-tenancy, and an agreement for a lease or tenancy (or sub-lease or sub-tenancy). The expressions “lessor” and “lessee” and “landlord” and “tenant”, and references to letting, to the grant of a lease or to covenants or terms, shall be construed accordingly.
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 provision establishes that the terms lease and tenancy share the exact same meaning throughout the Act.
It extends both terms to include sub-leases, sub-tenancies, and agreements for a lease or tenancy. Corresponding expressions such as landlord, tenant, lessor, lessee, letting, grants, and covenants are interpreted in line with these definitions.
When it applies
- Determining whether statutory rights and obligations under the Act apply to a sub-tenant under a sub-lease.
- Applying statutory obligations to an occupant who has entered into an agreement for a lease before formal execution.
- Interpreting rights and obligations when an agreement uses terms like lessor and lessee instead of landlord and tenant.
What this section does not say
- Defining statutory tenancies that arise after a contractual tenancy ends, which is dealt with under related statutory provisions.
- Distinguishing between a legal lease or tenancy and a personal licence to occupy.
- Setting out specific repair duties or fitness for human habitation standards, which are imposed by separate provisions of the Act.
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This page reproduces the text of LTA 1985 s. 36 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.