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Energy Act 2011

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IntroductoryE+W

42Meaning of “domestic PR property” and “non-domestic PR property”: England and WalesE+W

(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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