Section 88 Supplementary provisionsI1

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;

• F1“contract-holder” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act) and includes a person who proposes to be a contract-holder under an occupation contract because the occupation contract has come to an end;

• “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 F2or an occupation contract and a person who has ceased to be a landlord under a tenancy or an occupation contract because the tenancy has come to an end;

• “long lease” means a lease which—

  1. (a)

     F3in relation to England—

     1. (i)

        is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), or

     2. (ii)

        in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be a lease within sub-paragraph (a)(i) of this definition if the tenant’s total share (within the meaning given by that section) were 100%;

  2. (b)

     in relation to Wales, falls within the definition of “long tenancy” given by paragraph 8 of Schedule 2 to the Renting Homes (Wales) Act 2016 (anaw 1).

• “occupation contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act) 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;

• “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.

In this Chapter “local authority” means—

References in this Chapter to a tenancy F4or occupation contract include a proposed tenancy or occupation contract and a tenancy or occupation contract that has come to an end.

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.

Regulations under this Chapter are to be made by statutory instrument.

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.

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.

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.

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.

Regulations under this Chapter—

Regulations under this Chapter may include incidental, supplementary, consequential, transitional, transitory or saving provision.