Section 16E Other dutiesF1
A relevant person must not, in relation to an assured tenancy—
purport to let a dwelling-house on the tenancy for a fixed term (see section 4A),
purport to bring the tenancy to an end by service of a notice to quit (see section 5(1)),
purport to bring the tenancy to an end, or require that it is brought to an end, orally,
serve on the tenant a purported notice of possession,
rely on a ground in Schedule 2 where the person does not reasonably believe that the landlord is, will or may be able to obtain an order for possession on that ground, or
where the tenancy is one to which section 16D applies, rely on one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A or 18 in Schedule 2 if no statement was given to the tenant under section 16D(3) in respect of them.
Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, the landlord must not, within the restricted period—
let the dwelling-house on a tenancy for a term of 21 years or less, or
permit a person to occupy the dwelling-house—
under a licence to occupy, and
for monetary consideration.
Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, a relevant person in relation to that tenancy must not—
within the restricted period, market the dwelling-house to let on a tenancy for a term of 21 years or less,
within the restricted period, market the dwelling-house to be occupied—
under a licence to occupy, and
for monetary consideration,
authorise another person to market the dwelling-house to let on a tenancy for a term of 21 years or less, so far as the authorisation would allow that other person to market it within the restricted period, or
authorise another person to market the dwelling-house to be occupied—
under a licence to occupy, and
for monetary consideration,
so far as the authorisation would allow that other person to market it within the restricted period.
Where a prohibition in subsection (2) or (3) applies to a person, it continues to apply to that person until the end of the restricted period, whether or not the tenancy continues during that period.
A breach of subsection (1)(f) does not prevent a court from making an order for possession of the dwelling-house on the ground in question (but see section 16I(1)(a)).
Annotations
Textual amendments
- F1
Ss. 16E-16G inserted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), ss. 13(1), 145(1)(8) (with ss. 138, 146(1), 147(1)(2), Sch. 6 paras. 1, 3, 4, 7, 8, 16, 17) (with power to repeal s. 16F(3)-(5) conferred (27.10.2025) by ss. 13(2), 145(2) of the amending Act); S.I. 2026/421, reg. 2(a) (with reg. 9)
Notes on Part I
Modifications
- C1
Part I (ss. 1–45) modified by S.I. 1990/776, arts. 2(2), 5(2)(b) and excluded by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 242
- C2
Part I (ss. 1–45) applied by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8, para. 19(3)
- C3
Part I (ss. 1-45) definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167(3), 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)
- C4
Pt. I (ss. 1-45) definition applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168(3), 225(2), Sch. 19 para. 10 (with ss. 15(6), 179, 222(3), 224(1), Sch. 22 para. 1, Sch. 23 para. 6)
- C5
Pt. I (ss. 1-45) restricted (1.11.1993) by 1993 c. 28, s. 59(2)(c)(iii); S.I. 1993/2134, arts. 2, 5
Pt. I (ss. 1-45) excluded (3.3.1997) by 1985 c. 68, s. 348D(5) (as inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2
Pt. I (ss. 1-45) modified (1.10.1996) by 1996 c. 27, s. 30(4)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)
- C6
Pt. 1 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 33, 270(3); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)