Section 82 Restrictions on marketing, advertising and letting dwellingsI1

England and Wales

(1)

A person must not market a dwelling for the purpose of creating a residential tenancy unless—

(a)

there is an active landlord entry in the database in respect of the person who will be the residential landlord if the tenancy is granted, and

(b)

there is an active dwelling entry in the database in respect of the dwelling.

(2)

A person who advertises a dwelling for the purpose of creating a residential tenancy must include in any written advertisement the unique identifiers allocated by the database operator to—

(a)

the person who will be the residential landlord if the tenancy is granted, and

(b)

the dwelling.

(3)

A person who is a residential landlord in relation to a dwelling is under a duty to ensure that—

(a)

there is an active landlord entry in the database in respect of the person and an active dwelling entry in the database in respect of the dwelling, and

(b)

any requirements relating to the entries imposed by regulations under section 78 are complied with.

(4)

The Secretary of State may by regulations specify cases or circumstances in which—

(a)

a person of a description specified in the regulations is to be subject to the duty in subsection (3) instead of the residential landlord;

(b)

a duty imposed by this section, either does not apply at all or does not apply for a period specified in or determined in accordance with the regulations.

(5)

A breach of subsection (1), (2) or (3) does not affect the validity or enforceability of a residential tenancy or other contract by virtue of any rule of law relating to the validity or enforceability of contracts in circumstances involving illegality.

Annotations

Commencement

I1: S. 82 in force at Royal Assent for specified purposes, see s. 145(2)