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Section 108: General effect of interim management orders: leases and licences granted by authority

Housing Act 2004 · 2004 c. 34View on legislation.gov.uk

Part 4: Additional control provisions in relation to residential accommodation — Chapter 1: Interim and final management orders

This section applies in relation to any interest or right created by the authority under section 107(3)(c).

For the purposes of any enactment or rule of law—

any interest created by the authority under section 107(3)(c)(i) is to be treated as if it were a legal lease, and
any right created by the authority under section 107(3)(c)(ii) is to be treated as if it were a licence to occupy granted by the legal owner of the premises,

despite the fact that the authority have no legal estate in the premises (see section 107(5)(a)).

Any enactment or rule of law relating to landlords and tenants or leases accordingly applies in relation to any interest created by the authority under section 107(3)(c)(i) as if the authority were the legal owner of the premises.

References to leases and licences—

in this Chapter, and
in any other enactment,

accordingly include (where the context permits) interests and rights created by the authority under section 107(3)(c).

The preceding provisions of this section have effect subject to—

section 124(7) to (9), and
any provision to the contrary contained in an order made by the appropriate national authority.

In section 107(5)(b) the reference to leasing does not include the creation of interests under section 107(3)(c)(i).

In this section—

  • "enactment" has the meaning given by section 107(11);

  • "legal lease" means a term of years absolute (within section 1(1)(b) of the Law of Property Act 1925 (c. 20)).

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.