Section 99 — Interpretation of Part 5

(1) In this Part— “administration charge” has the meaning given in section 83; “the appropriate authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers; “the appropriate tribunal” means— (a) in relation to a dwelling in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; (b) 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 1 of the Arbitration Act 1996; “costs” includes overheads; “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; “estate management” has the meaning given in section 72 (see section 72(2)); “estate management charge” has the meaning given in section 72 (see section 72(8) and (9)); “estate manager” has the meaning given in section 72 (see section 72(3) and (4)); “information” includes a document containing information, and a copy of such a document; “long lease” has the meaning given in section 77(2) of the LRHUDA 1993; “managed dwelling” has the meaning given in section 72 (see section 72(5)); “post-dispute arbitration agreement”, in relation to any matter, means an arbitration agreement made after a dispute about the matter has arisen; “relevant costs” has the meaning given in section 72 (see section 72(11) and (12)); “relevant obligation” has the meaning given in section 72 (see section 72(6) and (7)); “rentcharge” has the same meaning as in the RA 1977 (see section 1 of that Act).

(2) For the purposes of this Part, a person is an “owner” of a dwelling if—

(a) the person owns freehold land which comprises the dwelling,

(b) the person is a tenant of the dwelling under a long lease, or

(c) where the dwelling is part of a building—

(i) the person owns freehold land which comprises the building, or

(ii) the person is a tenant of the building under a long lease.