Landlord and Tenant (Amendment) Act 1980

“Tenement”.

[New in pt. cf. 1931, s. 2; 1960, s. 54; 1967, No. 10, s. 13 (3) (i)]

5

5. (1) In this Act “ tenement” means—

( a) premises complying with the following conditions:

(i) they consist either of land covered wholly or partly by buildings or of a defined portion of a building;

(ii) if they consist of land covered in part only by buildings, the portion of the land not so covered is subsidiary and ancillary to the buildings;

(iii) they are held by the occupier thereof under a lease or other contract of tenancy express or implied or arising by statute;

(iv) such contract of tenancy is not a letting which is made and expressed to be made for the temporary convenience of the lessor or lessee and (if made after the passing of the Act of 1931) stating the nature of the temporary convenience; and

(v) such contract of tenancy is not a letting made for or dependent on the continuance in any office, employment or appointment of the person taking the letting;

or

( b) premises to which section 14 or 15 applies.

(2) For the purposes of subsection (1) ( a) (iii), where a State authority holds premises under a lease or other contract of tenancy express or implied or arising by statute, the authority shall be deemed to be in exclusive occupation thereof notwithstanding that they may be occupied for the purposes of another State authority.

(3) Where—

( a) a person holds premises under a lease or other contract of tenancy express or implied or arising by statute, and

( b) that person is entitled to the occupation of the premises, and

( c) either—

(i) the premises are used with that person's permission by a private company for the purpose of carrying on a business which that person himself carried on in the premises up to the time when it began to be carried on by the private company, or

(ii) that person being a company which is another company's holding company, the premises are used for the purpose of carrying on a business by the other company, or

(iii) that person being a company which is another company's subsidiary, the premises are used for the purpose of carrying on a business by the other company, or

(iv) that person being a company which is another company's subsidiary, the premises are used for the purpose of carrying on a business by another subsidiary of the other company,

the private company, the other company or the other subsidiary (as the case may be) shall be deemed for the purposes of subsection (1) ( a) (iii) to be the tenant of the premises and to be in exclusive occupation thereof.

(4) In subsection (3) “ company”, “ private company”, “ holding company” and “ subsidiary” have the same meanings respectively as in the Companies Act, 1963.