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Paragraph 3A F1F2

(1)

Any building in England—

(a)

which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at a specified educational establishment, or at an educational establishment of a specified description, and where the person managing or having control of it is the educational establishment in question, or

(b)

which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at an educational establishment and where the person managing or having control of it is a specified person or a person of a specified description.

(2)

In—

(a)

sub-paragraph (1)(a) “specified” means specified for the purposes of that sub-paragraph in regulations made by the Secretary of State;

(b)

sub-paragraph (1)(b) “specified” means specified for the purposes of that sub-paragraph in regulations made by the Secretary of State;

and the regulations may (in particular) provide that an educational establishment is specified, or of a specified description, for the purposes of sub-paragraph (1)(b).

(3)

Those regulations may, in particular, specify—

(a)

as a description of educational establishment for the purposes of sub-paragraph (1)(a), or

(b)

as a description of person for the purposes of sub-paragraph (1)(b),

the members from time to time, or a description of the members from time to time, of a housing management code of practice which is specified in the regulations.

(4)

The Secretary of State may by regulations—

(a)

specify a class of building, and

(b)

provide that a building—

(i)

does not fall within this paragraph if it is of the specified class, or

(ii)

falls within this paragraph only if it is of the specified class.

(5)

The Secretary of State may by regulations—

(a)

specify a building manager or a class of building manager,

(b)

specify a class of building in relation to the specified building manager or the specified class of building manager, and

(c)

provide that a building which the specified building manager, or a building manager of the specified class, manages or has control of—

(i)

does not fall within this paragraph if the building is of the specified class, or

(ii)

falls within this paragraph only if the building is of the specified class.

(6)

Regulations under sub-paragraph (4)(a) or (5)(b) may, in particular, specify as a class of building—

(a)

the buildings, or

(b)

a class of the buildings,

from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (4)(a) or (5)(b).

(7)

Regulations under sub-paragraph (5)(a) may, in particular, specify as a class of building manager—

(a)

the members, or

(b)

a class of the members,

from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (5)(a).

(8)

For the purposes of this paragraph—

(a)

“building manager” means an educational establishment or other person managing or having control of a building;

(b)

“housing management code of practice” means a code of practice approved by the Secretary of State under section 233 (codes relating to the management of HMOs or excepted accommodation);

(c)

a building is “subject to” a housing management code of practice if it—

(i)

is a particular building subject to the code, or

(ii)

is of a class of buildings subject to the code;

(d)

a reference to—

(i)

a class of the buildings from time to time subject to a housing management code of practice, or

(ii)

a class of the members from time to time of a housing management code of practice,

includes the buildings or members that are from time to time in a class provided for in the code of practice.

Annotations

Textual amendments

F1

Sch. 14 para. 2(1)(c)(d) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13) , s. 157(1) , Sch. 16 para. 335 ; S.I. 2011/3019 , art. 3 , Sch. 1 (with Sch. 2 para. 76 )

F2

Sch. 14 para. 3A inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 62(2), 145(1)(7) (with ss. 62(3), 138); S.I. 2026/421, reg. 3(e)