Section 54 — Housing and Planning Act 2016: Meaning of “letting agent” and related expressions

Meaning of “letting agent” and related expressions 54 1 In this Part “ letting agent ” means a person who engages in letting agency work (whether or not that person engages in other work).

2 But a person is not a letting agent for the purposes of this Part if the person engages in letting agency work in the course of that person's employment under a contract of employment.

3 In this Part “ letting 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 whom to let housing, or b a person (“a prospective tenant”) seeking to find housing to rent.

4 But “ letting agency work ” does not include any of the following things when done by a person who does nothing else within subsection (3)—

a publishing advertisements or disseminating information;

b providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or a prospective landlord;

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

5 In this Part “ English letting agency work ” means letting agency work that relates to housing in England.