Captured statutory text (L5)
32 Accommodation for homeless people or students
(1)In section 209 of the Housing Act 1996 (interim accommodation in relation to which an assured tenancy will not normally arise), in subsection (1), after “190,” insert “199A,”.
(2)In Schedule 1 to the 1988 Act, paragraph 8 (lettings to students that are not assured tenancies) is amended as follows—
(a)for sub-paragraph (1) substitute—
(1)A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution if—
(a)the tenancy is granted—
(i)by that institution,
(ii)by another specified educational institution, or
(iii)by a specified body of persons, or
(b)either of the following is a member of a specified housing management code of practice—
(i)a person appointed to act on the landlord’s behalf in respect of the tenancy;
(ii)a person appointed to discharge management functions in respect of the building which comprises the dwelling-house or in which the dwelling-house is situated.
(1A)Subsection (1) is subject to sub-paragraphs (2B) to (2D) and (5) to (7).
;
(b)after sub-paragraph (2) insert—
(2A)Regulations under sub-paragraph (2) may, in particular, specify as a body of persons—
(a)the members, or
(b)a class of the members,
from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2).
(2B)The Secretary of State may by regulations made by statutory instrument—
(a)specify a class of building, and
(b)provide that a tenancy—
(i)does not fall within this paragraph if the dwelling-house is in a building of the specified class, or
(ii)falls within this paragraph only if the dwelling-house is in a building of the specified class.
(2C)The Secretary of State may by regulations made by statutory instrument—
(a)specify a student landlord or a class of student landlord,
(b)specify a class of building in relation to the specified student landlord or specified class of student landlord, and
(c)provide that, where the landlord is the specified student landlord, or a student landlord of the specified class, the tenancy—
(i)does not fall within this paragraph if the dwelling-house is in the specified class of building, or
(ii)falls within this paragraph only if the dwelling-house is in the specified class of building.
(2D)The Secretary of State may by regulations made by statutory instrument—
(a)specify a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building or a class of such persons,
(b)specify a class of building in relation to the specified person or specified class of persons, and
(c)provide that a tenancy—
(i)does not fall within this paragraph if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons, or
(ii)falls within this paragraph only if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons.
(2E)Regulations under sub-paragraph (2B)(a) or (2C)(b) or (2D)(b) may, in particular, specify as a class of building—
(a)the buildings, or
(b)a class of the buildings,
from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (1)(b), (2B)(a) or (2C)(b).
(2F)Regulations under sub-paragraph (2C)(a) may, in particular, specify as a class of student landlord—
(a)the members, or
(b)a class of the members,
from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2C)(a).
;
(c)in sub-paragraph (3), for “the power conferred by sub-paragraph (2) above” substitute “a power conferred by this section”;
(d)after sub-paragraph (3) insert—
(4)Regulations under this paragraph—
(a)may make different provision for different purposes;
(b)may make supplemental, consequential, incidental, transitional, transitory or saving provision.
(5)The question of whether or not a tenancy is within this paragraph is to be determined by reference to the circumstances at the time when the tenancy is granted.
(6)A change in the circumstances after that time does not affect whether or not a tenancy is within this paragraph, except in a case where—
(a)the tenant is entitled to possession of the dwelling-house at a time after the tenancy was granted, and
(b)at the time when the tenant is entitled to possession—
(i)condition A is met (see sub-paragraph (8)),
(ii)condition B is met (see sub-paragraphs (9) and (10)), or
(iii)both of those conditions are met.
(7)In such a case, the tenancy ceases to fall within this paragraph (and accordingly this paragraph ceases to prevent the tenancy from being an assured tenancy) at the time when the tenant is entitled to possession.
(8)Condition A is met if—
(a)the tenancy was exempt solely by reference to a code of practice, but
(b)at the time when the tenant is entitled to possession of the dwelling-house, the landlord’s interest under the lease does not attract the exemption under this paragraph.
(9)Condition B is met if—
(a)at the time when the tenancy was granted—
(i)regulations under sub-paragraph (2B), (2C) or (2D) were in force, but
(ii)those regulations did not prevent the tenancy from being within this paragraph, but
(b)at the time when the tenant is entitled to possession of the dwelling-house—
(i)regulations under sub-paragraph (2B), (2C) or (2D) are in force, and
(ii)those regulations prevent the tenancy from being within this paragraph.
(10)But condition B is not met in any circumstances that are specified, or are of a description specified, for this purpose by regulations made by the Secretary of State.
(11)For the purposes of this paragraph—
(a)“management functions” in respect of a building includes functions relating to—
(i)the provision of services, or
(ii)the repair, maintenance, improvement or insurance of the building;
(b)“student landlord” means an institution or body of persons specified, or of a class specified, for the purposes of this paragraph (see sub-paragraph (2));
(c)“housing management code of practice” means a code of practice approved by the Secretary of State under section 233 of the Housing Act 2004 (codes relating to the management of HMOs or excepted accommodation);
(d)a building is “subject to” a housing management code of practice if it—
(i)is a particular building subject to the code, or
(ii)is of a class of buildings subject to the code;
(e)a reference to—
(i)a class of the buildings from time to time subject to a housing management code of practice, or
(ii)a class of the members from time to time of a housing management code of practice,
includes the buildings or members that are from time to time in a class provided for in the code of practice;
(f)a tenancy is “exempt solely by reference to a code of practice” if—
(i)the tenancy was granted by a body of persons who were, at the time of the grant, a specified landlord solely by reference to a code of practice, or
(ii)at the time of the grant, sub-paragraph (1)(b) applied to the tenancy but sub-paragraph (1)(a) did not apply to the tenancy;
(g)a reference to the landlord’s interest under the lease not attracting the exemption under this paragraph is a reference to—
(i)a case where the landlord is not a student landlord and there is no person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building; or
(ii)a case where the landlord is not a student landlord and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building, but that person is not a member of a specified housing management code of practice;
and for that purpose the “relevant building” is the building which the dwelling-house comprises or in which the dwelling-house is situated;
(h)a body of persons are “a specified landlord solely by reference to a code of practice” if they—
(i)are a member of a housing management code of practice that is specified by regulations under sub-paragraph (2A), and
(ii)are not specified by regulations under sub-paragraph (2) as a body of persons otherwise than as a member of that code of practice.
Full captured verbatim text
(1) In section 209 of the Housing Act 1996 (interim accommodation in relation to which an assured tenancy will not normally arise), in subsection (1), after “190,” insert “199A,”. (2) In Schedule 1 to the 1988 Act, paragraph 8 (lettings to students that are not assured tenancies) is amended as follows— (a) for sub-paragraph (1) substitute— (1) A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution if— (a) the tenancy is granted— (i) by that institution, (ii) by another specified educational institution, or (iii) by a specified body of persons, or (b) either of the following is a member of a specified housing management code of practice— (i) a person appointed to act on the landlord’s behalf in respect of the tenancy; (ii) a person appointed to discharge management functions in respect of the building which comprises the dwelling-house or in which the dwelling-house is situated. (1A) Subsection (1) is subject to sub-paragraphs (2B) to (2D) and (5) to (7). ; (b) after sub-paragraph (2) insert— (2A) Regulations under sub-paragraph (2) may, in particular, specify as a body of persons— (a) the members, or (b) a class of the members, from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2). (2B) The Secretary of State may by regulations made by statutory instrument— (a) specify a class of building, and (b) provide that a tenancy— (i) does not fall within this paragraph if the dwelling-house is in a building of the specified class, or (ii) falls within this paragraph only if the dwelling-house is in a building of the specified class. (2C) The Secretary of State may by regulations made by statutory instrument— (a) specify a student landlord or a class of student landlord, (b) specify a class of building in relation to the specified student landlord or specified class of student landlord, and (c) provide that, where the landlord is the specified student landlord, or a student landlord of the specified class, the tenancy— (i) does not fall within this paragraph if the dwelling-house is in the specified class of building, or (ii) falls within this paragraph only if the dwelling-house is in the specified class of building. (2D) The Secretary of State may by regulations made by statutory instrument— (a) specify a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building or a class of such persons, (b) specify a class of building in relation to the specified person or specified class of persons, and (c) provide that a tenancy— (i) does not fall within this paragraph if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons, or (ii) falls within this paragraph only if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons. (2E) Regulations under sub-paragraph (2B)(a) or (2C)(b) or (2D)(b) may, in particular, specify as a class of building— (a) the buildings, or (b) a class of the buildings, from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (1)(b), (2B)(a) or (2C)(b). (2F) Regulations under sub-paragraph (2C)(a) may, in particular, specify as a class of student landlord— (a) the members, or (b) a class of the members, from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2C)(a). ; (c) in sub-paragraph (3), for “the power conferred by sub-paragraph (2) above” substitute “a power conferred by this section”; (d) after sub-paragraph (3) insert— (4) Regulations under this paragraph— (a) may make different provision for different purposes; (b) may make supplemental, consequential, incidental, transitional, transitory or saving provision. (5) The question of whether or not a tenancy is within this paragraph is to be determined by reference to the circumstances at the time when the tenancy is granted. (6) A change in the circumstances after that time does not affect whether or not a tenancy is within this paragraph, except in a case where— (a) the tenant is entitled to possession of the dwelling-house at a time after the tenancy was granted, and (b) at the time when the tenant is entitled to possession— (i) condition A is met (see sub-paragraph (8)), (ii) condition B is met (see sub-paragraphs (9) and (10)), or (iii) both of those conditions are met. (7) In such a case, the tenancy ceases to fall within this paragraph (and accordingly this paragraph ceases to prevent the tenancy from being an assured tenancy) at the time when the tenant is entitled to possession. (8) Condition A is met if— (a) the tenancy was exempt solely by reference to a code of practice, but (b) at the time when the tenant is entitled to possession of the dwelling-house, the landlord’s interest under the lease does not attract the exemption under this paragraph. (9) Condition B is met if— (a) at the time when the tenancy was granted— (i) regulations under sub-paragraph (2B), (2C) or (2D) were in force, but (ii) those regulations did not prevent the tenancy from being within this paragraph, but (b) at the time when the tenant is entitled to possession of the dwelling-house— (i) regulations under sub-paragraph (2B), (2C) or (2D) are in force, and (ii) those regulations prevent the tenancy from being within this paragraph. (10) But condition B is not met in any circumstances that are specified, or are of a description specified, for this purpose by regulations made by the Secretary of State. (11) For the purposes of this paragraph— (a) “management functions” in respect of a building includes functions relating to— (i) the provision of services, or (ii) the repair, maintenance, improvement or insurance of the building; (b) “student landlord” means an institution or body of persons specified, or of a class specified, for the purposes of this paragraph (see sub-paragraph (2)); (c) “housing management code of practice” means a code of practice approved by the Secretary of State under section 233 of the Housing Act 2004 (codes relating to the management of HMOs or excepted accommodation); (d) a building is “subject to” a housing management code of practice if it— (i) is a particular building subject to the code, or (ii) is of a class of buildings subject to the code; (e) a reference to— (i) a class of the buildings from time to time subject to a housing management code of practice, or (ii) a class of the members from time to time of a housing management code of practice, includes the buildings or members that are from time to time in a class provided for in the code of practice; (f) a tenancy is “exempt solely by reference to a code of practice” if— (i) the tenancy was granted by a body of persons who were, at the time of the grant, a specified landlord solely by reference to a code of practice, or (ii) at the time of the grant, sub-paragraph (1)(b) applied to the tenancy but sub-paragraph (1)(a) did not apply to the tenancy; (g) a reference to the landlord’s interest under the lease not attracting the exemption under this paragraph is a reference to— (i) a case where the landlord is not a student landlord and there is no person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building; or (ii) a case where the landlord is not a student landlord and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building, but that person is not a member of a specified housing management code of practice; and for that purpose the “relevant building” is the building which the dwelling-house comprises or in which the dwelling-house is situated; (h) a body of persons are “a specified landlord solely by reference to a code of practice” if they— (i) are a member of a housing management code of practice that is specified by regulations under sub-paragraph (2A), and (ii) are not specified by regulations under sub-paragraph (2) as a body of persons otherwise than as a member of that code of practice.