Legal definition of Owner

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Jonny

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Does anybody have the exact legal definition of a residential property owner ? Per all the details of the household charge it is the owner who is liable
 
From the Act:

“owner”, in relation to a residential property, means—
(a) a person (other than a mortgagee not in possession) who—
(i) in the case of a residential property that is let under
a lease or held under a tenancy for a term not
exceeding 20 years, is entitled to receive the rent
under that lease or tenancy whether in his or her
own right or as trustee or agent for another person,
or
(ii) in the case of a residential property that is not so let
or so held, would, subject to paragraph (b), be so
entitled if the residential property were so let or so
held, whether in that person’s own right or as trustee
or agent for another person,
or
(b) where the property is let under a lease or held under a
tenancy for a term exceeding 20 years, the person (other
than a mortgagee not in possession) who is the lessee
under that lease or tenant under that tenancy;


It seems like a very cumbersome definition.

It comes down to the question: are you the person who, if you had to prove you owned a property, could do so in a Court of Law.

mf
 
Thanks mf for the reply It is indeed a long-winded definition especially for the layman BUT if say a property was encumbered by judgements etc. would it not be difficult to prove ownership or is all that over-ridden by the definition Just wondering
 
"would it not be difficult to prove ownership"

Not at all. The ownership will virtually always be quite evident. Whether or not the value of the property would be sufficient to discharge encumbrances is a very different matter.

mf
 
mf1 said:
"would it not be difficult to prove ownership"
Not at all. The ownership will virtually always be quite evident. Whether or not the value of the property would be sufficient to discharge encumbrances is a very different matter. mf
Click to expand...

One could use the arguement that the property is owned by the Bank as the mortgage on it exceeds the value. However, this is not likely to be accepted as a valid reason to exclude liability for payment of the Household Charge.
 
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