Section 38 — Interpretation and exceptions
This version in force from 2010-08-04
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) This section applies for the purposes of this Part.
(2) A reference to premises is a reference to the whole or part of the premises.
(3) A reference to disposing of premises includes, in the case of premises subject to a tenancy, a reference to—
(a) assigning the premises,
(b) sub-letting them, or
(c) parting with possession of them.
(4) A reference to disposing of premises also includes a reference to granting a right to occupy them.
(5) A reference to disposing of an interest in a commonhold unit includes a reference to creating an interest in a commonhold unit.
(6) A reference to a tenancy is to a tenancy created (whether before or after the passing of this Act)—
(a) by a lease or sub-lease,
(b) by an agreement for a lease or sub-lease,
(c) by a tenancy agreement, or
(d) in pursuance of an enactment,
and a reference to a tenant is to be construed accordingly.
(7) A reference to commonhold land, a commonhold association, a commonhold community statement, a commonhold unit or a unit-holder is to be construed in accordance with the Commonhold and Leasehold Reform Act 2002.
(8) Schedule 4 (reasonable adjustments) has effect.
(9) Schedule 5 (exceptions) has effect.