OpenLegislation

Regulation 33 Prevention of Social Housing Fraud Act 2013I1

England and Wales

(1)

The Prevention of Social Housing Fraud Act 2013f1 is amended as follows.

(2)

In section 1 (unlawful sub-letting: secure tenancies), in subsection (1) after “dwelling-house”, in the first place it occurs, insert “in England”.

(3)

In section 2 (unlawful sub-letting: assured tenancies)—

(a)

in the heading, after “assured tenancies”, insert “and secure contracts”;

(b)

in subsection (1), after “assured tenancy”, insert “or a secure contract”;

(c)

in subsection (2), after “assured tenancy”, insert “or a secure contract”;

(d)

in subsection (3)—

(i)

in the words before paragraph (a), after “assured tenancy”, insert “or a secure contract”;

(ii)

in paragraph (a)—

(aa)

for “or”, substitute “,”;

(bb)

after “registered social landlord”, insert “or in relation to Wales a community landlord”.

(4)

In section 5 (unlawful profit orders: civil proceedings)—

(a)

in subsection (1)—

(i)

after “assured tenancy”, insert “or a secure contract”;

(ii)

in paragraph (b), after “assured tenancy”, insert “or a secure contract”;

(b)

in subsection (4)—

(i)

in the words before paragraph (a), after “assured tenancy”, insert “or a secure contract”;

(ii)

in paragraph (a)—

(aa)

after “social housing”, for “or”, substitute “,”;

(bb)

after “registered social landlord”, insert “or in relation to Wales a community landlord”.

(5)

In section 11 (interpretation)—

(a)

in subsection (1)—

(i)

at the end of paragraph (a), omit “and”;

(ii)

at the end of paragraph (b), for the full stop, substitute “, and”;

(iii)

after paragraph (b), insert—

“(c)

“secure contract” has the same meaning as in section 8 of the Renting Homes (Wales) Act 2016 (anaw 1).”;

(b)

after subsection (3), insert—

“(3A)

In the application of this Act in relation to a secure contract, the following expressions have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—

(a)

“community landlord” (see section 9 of that Act);

(b)

“secure contract” (see section 8 of that Act).”;

(c)

in subsection (4), after “assured tenancy”, insert “or secure contract”;

(d)

after subsection (4), insert—

“(4A)

References in this Act to a member of the tenant’s family (in relation to a secure contract) are to be construed in accordance with section 250 of the Renting Homes (Wales) Act 2016.”;

(e)

in subsection (6), after “assured tenancy”, in each place it occurs, insert “or a secure contract”;

(f)

in subsection (7), after “assured tenancy”, in each place it occurs, insert “or a secure contract”.

Annotations

Commencement

I1

Reg. 33 in force at 1.12.2022, see reg. 1(1)

Footnotes

f1

2013 c. 3.