Section 16G — Housing Act 1988: Interpretation of terms related to marketing in section 16E

Interpretation of terms related to marketing in section 16E 16G 1 For the purposes of section 16E a person markets a dwelling-house to let on a tenancy when—

a the person advertises that the dwelling-house is or may be available to let on a tenancy, or b in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.

2 For the purposes of section 16E a person markets a dwelling-house to be occupied under a licence when—

a the person advertises that the dwelling-house is or may be available to be occupied under a licence, or b in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.

3 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.

4 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 a person (“a prospective landlord”) seeking to find another person to occupy a dwelling-house, or b a person (“a prospective occupier”) seeking to find a dwelling-house to occupy.

5 However, “ lettings agency work ” does not include any of the following things when done by a person who does nothing else within subsection (4)—

a publishing advertisements or disseminating information;

b 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;

c providing a means by which a prospective landlord and a prospective occupier can communicate directly with each other. 6 “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.

7 Regulations under this section—

a may make different provision for different purposes;

b are to be made by statutory instrument.

8 A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.