PART 3Miscellaneous and General

CHAPTER 3Duty of letting agents to publicise fees etc

88Supplementary provisions

1

In this Chapter—

  • “the appropriate national authority” means—

    1. a

      in relation to England, the Secretary of State, and

    2. b

      in relation to Wales, the Welsh Ministers;

  • “assured tenancy” means a tenancy which is an assured tenancy for the purposes of the Housing Act 1988 except where—

    1. a

      the landlord is—

      1. i

        a private registered provider of social housing,

      2. ii

        a registered social landlord, or

      3. iii

        a fully mutual housing association, or

    2. b

      the tenancy is a long lease;

  • “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—

    1. 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

    2. 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%;

  • “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.

2

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.

3

References in this Chapter to a tenancy include a proposed tenancy and a tenancy that has come to an end.

4

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.