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(1)For the purposes of this Chapter—
(a)a property is a “domestic private rented property” if, subject to subsection (2), it is let—
(i)under a tenancy which is an assured tenancy for the purposes of the Housing Act 1988,
(ii)under a tenancy which is a regulated tenancy for the purposes of the Rent Act 1977, or
(iii)under a tenancy which is specified for the purposes of this subsection in an order made by the Secretary of State;
(b)a property is a “non-domestic private rented property” if it—
(i)is situated in England and Wales,
(ii)is let under a tenancy, and
(iii)is not a dwelling.
(2)But a property is not a domestic private rented property if—
(a)it is low cost rental accommodation within the meaning of section 69 of the Housing and Regeneration Act 2008 and the landlord is a private registered provider of social housing,
(b)it is low cost home ownership accommodation within the meaning of section 70 of that Act, or
(c)the landlord is a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996.
(3)In subsection (1)(b) “dwelling” has the meaning given by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (S.I. 2007/991) (“the Energy Performance Regulations”).
(4)A domestic private rented property is referred to in this Chapter as a “domestic PR property”.
(5)A non-domestic private rented property is referred to in this Chapter as a “non-domestic PR property”.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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