F1PART 4ACONSUMERS’ RIGHTS TO REDRESS

Annotations:
Amendments (Textual)
F1

Pt. 4A inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 3

What immoveable property is covered by this Part?27C

1

In this Part “product” does not include immoveable property other than a relevant lease.

2

In this regulation “relevant lease” in relation to England F3... means—

a

an assured tenancy within the meaning of Part 1 of the Housing Act 1988, or

b

a lease under which accommodation is let as holiday accommodation.

3

But none of the following are relevant leases for the purposes of paragraph (2)(a)—

a

a lease granted by—

i

a private registered provider of social housing, or

ii

a registered social landlord within the meaning of Part 1 of the Housing Act 1996;

b

a lease of a dwelling-house or part of a dwelling-house—

i

granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or part or of the cost of providing it, or

ii

under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house or part;

c

a lease granted to a person as a result of the exercise by a local housing authority within the meaning of the Housing Act 1996 of its functions under Part 7 (homelessness) of that Act.

4

In this regulation “relevant lease” in relation to Scotland means—

a

an assured tenancy within the meaning of Part 2 of the Housing (Scotland) Act 1988, or

b

a lease under which accommodation is let as holiday accommodation.

5

In this regulation “relevant lease” in relation to Northern Ireland means—

a

a private tenancy within the meaning of Article 3 of the Private Tenancies (Northern Ireland) Order 2006, or

b

a lease under which accommodation is let as holiday accommodation.

6

But neither of the following are relevant leases for the purposes of paragraph (5)(a)—

a

a lease of a dwelling-house or part of a dwelling-house—

i

granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or part or of the cost of providing it, or

ii

under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house or part;

b

a private tenancy resulting from the exercise by the Northern Ireland Housing Executive of its functions under Part 2 (homelessness) of the Housing (Northern Ireland) Order 1988.

F27

In this regulation “relevant lease” in relation to Wales means—

a

a standard contract, within the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act), or

b

a lease under which accommodation is let as holiday accommodation.

8

But none of the following are relevant leases for the purposes of paragraph (7)(a)—

a

an introductory standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 16 of that Act);

b

a prohibited conduct standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 116 of that Act);

c

a supported standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 143 of that Act);

d

a lease under which the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department;

e

a lease granted to a person as a result of the exercise by a local housing authority within the meaning of the Housing (Wales) Act 2014 of its functions under Part 2 (homelessness) of that Act;

f

a lease of a dwelling-house or part of a dwelling-house—

i

granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or part or of the cost of providing it, or

ii

under which the contract-holder (or the contract-holder’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house or part.