PART 3Miscellaneous and General
CHAPTER 3Duty of letting agents to publicise fees etc
I188Supplementary provisions
I2I31
In this Chapter—
“the appropriate national authority” means—
- a
in relation to England, the Secretary of State, and
- b
in relation to Wales, the Welsh Ministers;
- a
“assured tenancy” means a tenancy which is an assured tenancy for the purposes of the Housing Act 1988 except where—
- a
the landlord is—
- i
a private registered provider of social housing,
- ii
a registered social landlord, or
- iii
a fully mutual housing association, or
- i
- b
the tenancy is a long lease;
- a
“dwelling-house” may be a house or part of a house;
“fully mutual housing association” has the same meaning as in Part 1 of the Housing Associations Act 1985 (see section 1(1) and (2) of that Act);
“landlord” includes a person who proposes to be a landlord under a tenancy and a person who has ceased to be a landlord under a tenancy because the tenancy has come to an end;
“long lease” means a lease which—
- a
is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993, or
- b
in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be a lease within paragraph (a) of this definition if the tenant's total share (within the meaning given by that section) were 100%;
- a
“registered social landlord” means a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996;
“tenant” includes a person who proposes to be a tenant under a tenancy and a person who has ceased to be a tenant under a tenancy because the tenancy has come to an end.
I2I32
In this Chapter “local authority” means—
a
a county council,
b
a county borough council,
c
a district council,
d
a London borough council,
e
the Common Council of the City of London in its capacity as local authority, or
f
the Council of the Isles of Scilly.
I2I33
References in this Chapter to a tenancy include a proposed tenancy and a tenancy that has come to an end.
I2I34
References in this Chapter to anything which is payable, or which a person is liable to pay, to a letting agent include anything that the letting agent claims a person is liable to pay, regardless of whether the person is in fact liable to pay it.
5
Regulations under this Chapter are to be made by statutory instrument.
6
A statutory instrument containing (whether alone or with other provision) regulations made by the Secretary of State under section 87(11) is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
7
A statutory instrument containing (whether alone or with other provision) regulations made by the Welsh Ministers under section 87(12) is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
8
A statutory instrument containing regulations made by the Secretary of State under this Chapter other than one to which subsection (6) applies is subject to annulment in pursuance of a resolution of either House of Parliament.
9
A statutory instrument containing regulations made by the Welsh Ministers under this Chapter other than one to which subsection (7) applies is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
10
Regulations under this Chapter—
a
may make different provision for different purposes;
b
may make provision generally or in relation to specific cases.
11
Regulations under this Chapter may include incidental, supplementary, consequential, transitional, transitory or saving provision.