Key definitions LTA 1985 s. 38
Defines terms like address, appropriate tribunal, dwelling, local authority under LTA 1985 s.38. Essential for leasehold and housing law.
In this Act— “ address ” means a person’s place of abode or place of business or, in the case of a company, its registered office; “ appropriate tribunal ” means— in relation to a dwelling in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and in relation to a dwelling in Wales, a leasehold valuation tribunal; “ arbitration agreement ”, “ arbitration proceedings ” and “ arbitral tribunal ” have the same meaning as in Part I of the Arbitration Act 1996 and post-dispute arbitration agreement”, in relation to any matter, means an arbitration agreement made after a dispute about the matter has arisen; ; “ co-operative housing association ” has the same meaning as in the Housing Associations Act 1985; “ dwelling ” means a building or part of a building occupied or intended to be occupied as a separate dwelling together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it; “ housing association ” has the same meaning as in the Housing Associations Act 1985; “ local authority ” means a district, county county borough or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in sections 14(4), 26(1) and 28(6) includes ... the Broads Authority , a police and crime commissioner, the Mayor's Office for Policing and Crime , ... ... a joint authority established by Part IV of the Local Government Act 1985 an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ... and the London Fire Commissioner ; “ local housing authority ” has the meaning given by section 1 of the Housing Act 1985; “ new town corporation ” means— a development corporation established by an order made, or treated as made, under the New Towns Act 1981, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008, the Greater London Authority so far as exercising its new towns and urban development functions, or the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981; “ protected tenancy ” has the same meaning as in the Rent Act 1977; “ registered social landlord ” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act); “ restricted contract ” has the same meaning as in the Rent Act 1977; “ urban development corporation ” has the same meaning as in Part XVI of the Local Government, Planning and Land Act 1980.
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 provides the meanings of key terms used throughout the Landlord and Tenant Act 1985. For example, 'address' includes a person's home, business, or a company's registered office. 'Appropriate tribunal' depends on location: in England it is the First-tier Tribunal (or Upper Tribunal), and in Wales a leasehold valuation tribunal.
'Dwelling' covers a building or part of a building occupied as a separate home, including any yard, garden, outhouses and appurtenances that belong to it or are usually enjoyed with it. Other defined terms include 'local authority' (listing various councils and bodies), 'new town corporation', 'housing association', and 'protected tenancy' (referring to the Rent Act 1977).
These definitions are crucial for interpreting the rights and obligations under the Act, such as determining which tribunal hears a dispute or what qualifies as a dwelling for implied terms on fitness for human habitation.
When it applies
- A tenant in a block of flats wants to know whether the shared garden counts as part of their 'dwelling' for the purpose of repair obligations.
- A landlord in England receives a claim about a lease dispute and needs to know which tribunal has jurisdiction – the First-tier Tribunal or the Upper Tribunal.
- A local council wants to enforce a housing standard and needs to confirm it falls within the definition of 'local authority' under the Act.
- A housing association is involved in a dispute and refers to the definition provided in the Housing Associations Act 1985 as adopted here.
What this section does not say
- This section does not define 'lease' or 'tenancy' – those are covered by section 36 of the Act.
- It does not define 'statutory tenant' or related expressions – see section 37.
- It does not set any rent limits or repair obligations – those are in other sections such as s.31 (reserve power to limit rents) and s.8 or s.9A (fitness for human habitation).
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This page reproduces the text of LTA 1985 s. 38 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.