Section 16G Interpretation of terms related to marketing in section 16EF1
For the purposes of section 16E a person markets a dwelling-house to let on a tenancy when—
the person advertises that the dwelling-house is or may be available to let on a tenancy, or
in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.
For the purposes of section 16E a person markets a dwelling-house to be occupied under a licence when—
the person advertises that the dwelling-house is or may be available to be occupied under a licence, or
in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.
But subsections (1)(a) and (2)(a) do not apply in relation to a person who publishes an advertisement in the course of a business that does not involve lettings agency work if the advertisement has been provided by another person.
For the purposes of this section, “lettings agency work” means things done by a person in the course of a business in response to instructions received from—
a person (“a prospective landlord”) seeking to find another person to occupy a dwelling-house, or
a person (“a prospective occupier”) seeking to find a dwelling-house to occupy.
However, “lettings agency work” does not include any of the following things when done by a person who does nothing else within subsection (4)—
publishing advertisements or disseminating information;
providing a means by which a prospective landlord or a prospective occupier can, in response to an advertisement or dissemination of information, make direct contact with a prospective occupier or prospective landlord;
providing a means by which a prospective landlord and a prospective occupier can communicate directly with each other.
“Lettings agency work” also does not include things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State.
Regulations under this section—
may make different provision for different purposes;
are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
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.)