Captured statutory text (L5)
13 Other duties
(1)In the 1988 Act, after section 16D (inserted by section 12 of this Act) insert—
Other duties(16E)
(1)A relevant person must not, in relation to an assured tenancy—
(a)purport to let a dwelling-house on the tenancy for a fixed term (see section 4A),
(b)purport to bring the tenancy to an end by service of a notice to quit (see section 5(1)),
(c)purport to bring the tenancy to an end, or require that it is brought to an end, orally,
(d)serve on the tenant a purported notice of possession,
(e)rely on a ground in Schedule 2 where the person does not reasonably believe that the landlord is, will or may be able to obtain an order for possession on that ground, or
(f)where the tenancy is one to which section 16D applies, rely on one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A or 18 in Schedule 2 if no statement was given to the tenant under section 16D(3) in respect of them.
(2)Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, the landlord must not, within the restricted period—
(a)let the dwelling-house on a tenancy for a term of 21 years or less, or
(b)permit a person to occupy the dwelling-house—
(i)under a licence to occupy, and
(ii)for monetary consideration.
(3)Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, a relevant person in relation to that tenancy must not—
(a)within the restricted period, market the dwelling-house to let on a tenancy for a term of 21 years or less,
(b)within the restricted period, market the dwelling-house to be occupied—
(i)under a licence to occupy, and
(ii)for monetary consideration,
(c)authorise another person to market the dwelling-house to let on a tenancy for a term of 21 years or less, so far as the authorisation would allow that other person to market it within the restricted period, or
(d)authorise another person to market the dwelling-house to be occupied—
(i)under a licence to occupy, and
(ii)for monetary consideration,
so far as the authorisation would allow that other person to market it within the restricted period.
(4)Where a prohibition in subsection (2) or (3) applies to a person, it continues to apply to that person until the end of the restricted period, whether or not the tenancy continues during that period.
(5)A breach of subsection (1)(f) does not prevent a court from making an order for possession of the dwelling-house on the ground in question (but see section 16I(1)(a)).
Exceptions from letting and marketing prohibitions(16F)
(1)Section 16E(2) (prohibition on letting and licensing within restricted period) does not apply where—
(a)the relevant person relies on Ground 1 and—
(i)the tenant or licensee is a person mentioned in paragraphs (a) to (d) of that ground, or
(ii)a person mentioned in paragraphs (a) to (d) of Ground 1 also occupies the dwelling-house and does so as their only or principal home;
(b)the relevant person relies on Ground 1A and—
(i)the licensee has agreed to purchase the landlord’s interest in the dwelling-house and the licence to occupy is granted in anticipation of that purchase, or
(ii)the licensee has agreed to the landlord granting the licensee a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, and the licence to occupy is granted in anticipation of the grant of that lease, or
(2)Section 16E(3) (prohibition on marketing within restricted period) does not apply where the marketing is in connection with letting, or occupation under a licence, which is permitted as a result of subsection (1).
(3)Subsection (4) applies where the relevant person relies on Ground 1A and—
(a)before the assured tenancy was entered into, a relevant person had given the tenant under the assured tenancy (“T”) a written statement that the landlord under that tenancy (“L”) is a shared owner of the dwelling-house and that section 16E(2) or (3) might not apply to a subsequent letting, or grant of a licence, of the dwelling-house (because of this subsection and subsection (4)),
(b)when the assured tenancy was entered into, L was a shared owner of the dwelling-house, and
(c)before the date specified in the notice as mentioned in section 8(3)(b), a relevant person had given the landlord under the shared ownership lease of the dwelling-house a written statement that L intends to assign L’s interest under that shared ownership lease.
(4)Section 16E(2) or (3) does not prohibit a relevant person from carrying out a controlled activity if—
(a)before the relevant person carries out that activity—
(i)the dwelling-house has been valued by a member of the Royal Institution of Chartered Surveyors in connection with the assignment of L’s interest under the shared ownership lease, or
(ii)L has advertised, or made an arrangement under which another person has advertised, that the dwelling-house is or may be available for acquisition by way of the assignment of L’s interest under the shared ownership lease, and
(b)when the relevant person carries out that activity, L is a shared owner of the dwelling-house.
(5)In subsections (3) and (4)—
“controlled activity” means an activity that would (if subsection (4) did not apply) be prohibited by section 16E(2) or (3);
“shared owner”, in relation to a dwelling-house, means a person—
who is the tenant of the dwelling-house under a shared ownership lease, and
whose share in the premises demised by the lease is less than 100%;
and for this purpose, the tenant’s share in the premises demised is the tenant’s initial share in those premises, plus any additional share or shares in those premises which the tenant has acquired;
“shared ownership lease” means a lease—
granted on payment of a premium calculated by reference to a percentage of the value of the premises demised by the lease or of the cost of providing them, or
under which the tenant (or the tenant’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of those premises.
Interpretation of terms related to marketing in section 16E(16G)
(1)For the purposes of section 16E a person markets a dwelling-house to let on a tenancy when—
(a)the person advertises that the dwelling-house is or may be available to let on a tenancy, or
(b)in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.
(2)For the purposes of section 16E a person markets a dwelling-house to be occupied under a licence when—
(a)the person advertises that the dwelling-house is or may be available to be occupied under a licence, or
(b)in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.
(3)But subsections (1)(a) and (2)(a) do not apply in relation to a person who publishes an advertisement in the course of a business that does not involve lettings agency work if the advertisement has been provided by another person.
(4)For the purposes of this section, “lettings agency work” means things done by a person in the course of a business in response to instructions received from—
(a)a person (“a prospective landlord”) seeking to find another person to occupy a dwelling-house, or
(b)a person (“a prospective occupier”) seeking to find a dwelling-house to occupy.
(5)However, “lettings agency work” does not include any of the following things when done by a person who does nothing else within subsection (4)—
(a)publishing advertisements or disseminating information;
(b)providing a means by which a prospective landlord or a prospective occupier can, in response to an advertisement or dissemination of information, make direct contact with a prospective occupier or prospective landlord;
(c)providing a means by which a prospective landlord and a prospective occupier can communicate directly with each other.
(6)“Lettings agency work” also does not include things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State.
(7)Regulations under this section—
(a)may make different provision for different purposes;
(b)are to be made by statutory instrument.
(8)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(2)The Secretary of State may, by regulations, repeal section 16F(3) to (5) of the 1988 Act.
Full captured verbatim text
(1) In the 1988 Act, after section 16D (inserted by section 12 of this Act) insert— Other duties(16E) (1) A relevant person must not, in relation to an assured tenancy— (a) purport to let a dwelling-house on the tenancy for a fixed term (see section 4A), (b) purport to bring the tenancy to an end by service of a notice to quit (see section 5(1)), (c) purport to bring the tenancy to an end, or require that it is brought to an end, orally, (d) serve on the tenant a purported notice of possession, (e) rely on a ground in Schedule 2 where the person does not reasonably believe that the landlord is, will or may be able to obtain an order for possession on that ground, or (f) where the tenancy is one to which section 16D applies, rely on one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A or 18 in Schedule 2 if no statement was given to the tenant under section 16D(3) in respect of them. (2) Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, the landlord must not, within the restricted period— (a) let the dwelling-house on a tenancy for a term of 21 years or less, or (b) permit a person to occupy the dwelling-house— (i) under a licence to occupy, and (ii) for monetary consideration. (3) Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, a relevant person in relation to that tenancy must not— (a) within the restricted period, market the dwelling-house to let on a tenancy for a term of 21 years or less, (b) within the restricted period, market the dwelling-house to be occupied— (i) under a licence to occupy, and (ii) for monetary consideration, (c) authorise another person to market the dwelling-house to let on a tenancy for a term of 21 years or less, so far as the authorisation would allow that other person to market it within the restricted period, or (d) authorise another person to market the dwelling-house to be occupied— (i) under a licence to occupy, and (ii) for monetary consideration, so far as the authorisation would allow that other person to market it within the restricted period. (4) Where a prohibition in subsection (2) or (3) applies to a person, it continues to apply to that person until the end of the restricted period, whether or not the tenancy continues during that period. (5) A breach of subsection (1)(f) does not prevent a court from making an order for possession of the dwelling-house on the ground in question (but see section 16I(1)(a)). Exceptions from letting and marketing prohibitions(16F) (1) Section 16E(2) (prohibition on letting and licensing within restricted period) does not apply where— (a) the relevant person relies on Ground 1 and— (i) the tenant or licensee is a person mentioned in paragraphs (a) to (d) of that ground, or (ii) a person mentioned in paragraphs (a) to (d) of Ground 1 also occupies the dwelling-house and does so as their only or principal home; (b) the relevant person relies on Ground 1A and— (i) the licensee has agreed to purchase the landlord’s interest in the dwelling-house and the licence to occupy is granted in anticipation of that purchase, or (ii) the licensee has agreed to the landlord granting the licensee a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, and the licence to occupy is granted in anticipation of the grant of that lease, or (2) Section 16E(3) (prohibition on marketing within restricted period) does not apply where the marketing is in connection with letting, or occupation under a licence, which is permitted as a result of subsection (1). (3) Subsection (4) applies where the relevant person relies on Ground 1A and— (a) before the assured tenancy was entered into, a relevant person had given the tenant under the assured tenancy (“T”) a written statement that the landlord under that tenancy (“L”) is a shared owner of the dwelling-house and that section 16E(2) or (3) might not apply to a subsequent letting, or grant of a licence, of the dwelling-house (because of this subsection and subsection (4)), (b) when the assured tenancy was entered into, L was a shared owner of the dwelling-house, and (c) before the date specified in the notice as mentioned in section 8(3)(b), a relevant person had given the landlord under the shared ownership lease of the dwelling-house a written statement that L intends to assign L’s interest under that shared ownership lease. (4) Section 16E(2) or (3) does not prohibit a relevant person from carrying out a controlled activity if— (a) before the relevant person carries out that activity— (i) the dwelling-house has been valued by a member of the Royal Institution of Chartered Surveyors in connection with the assignment of L’s interest under the shared ownership lease, or (ii) L has advertised, or made an arrangement under which another person has advertised, that the dwelling-house is or may be available for acquisition by way of the assignment of L’s interest under the shared ownership lease, and (b) when the relevant person carries out that activity, L is a shared owner of the dwelling-house. (5) In subsections (3) and (4)— “controlled activity” means an activity that would (if subsection (4) did not apply) be prohibited by section 16E(2) or (3); “shared owner”, in relation to a dwelling-house, means a person— who is the tenant of the dwelling-house under a shared ownership lease, and whose share in the premises demised by the lease is less than 100%; and for this purpose, the tenant’s share in the premises demised is the tenant’s initial share in those premises, plus any additional share or shares in those premises which the tenant has acquired; “shared ownership lease” means a lease— granted on payment of a premium calculated by reference to a percentage of the value of the premises demised by the lease or of the cost of providing them, or under which the tenant (or the tenant’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of those premises. Interpretation of terms related to marketing in section 16E(16G) (1) For the purposes of section 16E a person markets a dwelling-house to let on a tenancy when— (a) the person advertises that the dwelling-house is or may be available to let on a tenancy, or (b) in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available. (2) For the purposes of section 16E a person markets a dwelling-house to be occupied under a licence when— (a) the person advertises that the dwelling-house is or may be available to be occupied under a licence, or (b) in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available. (3) But subsections (1)(a) and (2)(a) do not apply in relation to a person who publishes an advertisement in the course of a business that does not involve lettings agency work if the advertisement has been provided by another person. (4) For the purposes of this section, “lettings agency work” means things done by a person in the course of a business in response to instructions received from— (a) a person (“a prospective landlord”) seeking to find another person to occupy a dwelling-house, or (b) a person (“a prospective occupier”) seeking to find a dwelling-house to occupy. (5) However, “lettings agency work” does not include any of the following things when done by a person who does nothing else within subsection (4)— (a) publishing advertisements or disseminating information; (b) providing a means by which a prospective landlord or a prospective occupier can, in response to an advertisement or dissemination of information, make direct contact with a prospective occupier or prospective landlord; (c) providing a means by which a prospective landlord and a prospective occupier can communicate directly with each other. (6) “Lettings agency work” also does not include things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State. (7) Regulations under this section— (a) may make different provision for different purposes; (b) are to be made by statutory instrument. (8) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (2) The Secretary of State may, by regulations, repeal section 16F(3) to (5) of the 1988 Act.