Section 32: General matters
170.This section imposes a requirement on the Secretary of State to issue a code of practice in relation to the residential tenancy provisions. The code of practice must set out:
the criteria to be applied in deciding whether to impose a penalty and the amount of that penalty;
guidance regarding when a person will be considered to be using premises as their ‘only or main residence’ for the purposes of these provisions, with particular emphasis on holiday lets and lets made in connection with business travel;
details of the steps landlords (including superior landlords who accept responsibility for compliance with the scheme under section 23(5), following the glossing provision at section 23(4)), and agents will reasonably be expected to take to determine who will be occupying the premises under the terms of a residential tenancy agreement.
171.Subsection (5) requires that the code of practice is reviewed from time to time.
172.Subsection (6) requires that the code of practice, and any revisions that are made to it, may not be issued unless a draft has been laid before Parliament and comes into force by order of the Secretary of State.
173.The Government has published a draft code of practice.(23)
Code of Practice: Civil Penalties for landlords and their agents, published 31 October 2013, https://www.gov.uk/government/publications/immigration-bill-part-3-access-to-services.
