Section 88

In this Chapter— “the appropriate national authority” means— in relation to England, the Secretary of State, and in relation to Wales, the Welsh Ministers; “assured tenancy” means a tenancy which is an assured tenancy for the purposes of the Housing Act 1988 except where— the landlord is— a private registered provider of social housing, a registered social landlord, or a fully mutual housing association, or the tenancy is a long lease; “contract-holder” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act) and includes a person who proposes to be a contract-holder under an occupation contract because the occupation contract has come to an end; “dwelling-house” may be a house or part of a house; “fully mutual housing association” has the same meaning as in Part 1 of the Housing Associations Act 1985 (see section 1(1) and (2) of that Act); “landlord” includes a person who proposes to be a landlord under a tenancy or an occupation contract and a person who has ceased to be a landlord under a tenancy or an occupation contract because the tenancy has come to an end; “long lease” means a lease which— in relation to England— is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), or in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be a lease within sub-paragraph (a)(i) of this definition if the tenant’s total share (within the meaning given by that section) were 100%; in relation to Wales, falls within the definition of “long tenancy” given by paragraph 8 of Schedule 2 to the Renting Homes (Wales) Act 2016 (anaw 1). “occupation contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act) except where— the landlord is— a private registered provider of social housing, a registered social landlord, or a fully mutual housing association, or the tenancy is a long lease; “registered social landlord” means a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996; “tenant” includes a person who proposes to be a tenant under a tenancy and a person who has ceased to be a tenant under a tenancy because the tenancy has come to an end. In this Chapter “local authority” means— a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London in its capacity as local authority, or the Council of the Isles of Scilly. References in this Chapter to a tenancy or occupation contract include a proposed tenancy or occupation contract and a tenancy or occupation contract that has come to an end. References in this Chapter to anything which is payable, or which a person is liable to pay, to a letting agent include anything that the letting agent claims a person is liable to pay, regardless of whether the person is in fact liable to pay it. Regulations under this Chapter are to be made by statutory instrument. A statutory instrument containing (whether alone or with other provision) regulations made by the Secretary of State under section 87(11) is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. A statutory instrument containing (whether alone or with other provision) regulations made by the Welsh Ministers under section 87(12) is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. A statutory instrument containing regulations made by the Secretary of State under this Chapter other than one to which subsection (6) applies is subject to annulment in pursuance of a resolution of either House of Parliament. A statutory instrument containing regulations made by the Welsh Ministers under this Chapter other than one to which subsection (7) applies is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Regulations under this Chapter— may make different provision for different purposes; may make provision generally or in relation to specific cases. Regulations under this Chapter may include incidental, supplementary, consequential, transitional, transitory or saving provision.

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Source: legislation.gov.uk · retrieved 2026-07-30