Section 16E — Housing Act 1988: Other duties

Other duties 16E 1 A relevant person must not, in relation to an assured tenancy—

a purport to let a dwelling-house on the tenancy for a fixed term (see section 4A),

b purport to bring the tenancy to an end by service of a notice to quit (see section 5(1)),

c purport to bring the tenancy to an end, or require that it is brought to an end, orally, d serve on the tenant a purported notice of possession, e 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 f 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.

2 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—

a let the dwelling-house on a tenancy for a term of 21 years or less, or b permit a person to occupy the dwelling-house—

i under a licence to occupy, and ii for monetary consideration.

3 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—

a within the restricted period, market the dwelling-house to let on a tenancy for a term of 21 years or less, b within the restricted period, market the dwelling-house to be occupied—

i under a licence to occupy, and ii for monetary consideration, c 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 d authorise another person to market the dwelling-house to be occupied—

i under a licence to occupy, and ii for monetary consideration, so far as the authorisation would allow that other person to market it within the restricted period.

4 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.

5 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)).