The Consumer Protection from Unfair Trading Regulations 2008

[F1 What immoveable property is covered by this Part? U.K.

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 F2 ... 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.

[F3 (7) 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.]]

Textual Amendments

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

F2 Words in reg. 27C(2) omitted (W.) (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 26(a)

F3 Reg. 27C(7)(8) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 26(b)