The Assured and Protected Tenancies (Lettings to Students) Regulations 1998

1.  These Regulations may be cited as the Assured and Protected Tenancies (Lettings to Students) Regulations 1998 and shall come into force on 1st September 1998.

2.  In these Regulations—

• “assisted” has the same meaning as in section 579(5) and (6) of the Education Act 1996(1);

• “further education” has the meaning assigned to it by section 2(3) and (5) of the Education Act 1996;

• “higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988(2);

• “publicly funded” refers to an institution which is—

  (a)

  provided or assisted by a local education authority;

  (b)

  in receipt of grant under regulations made under section 485 of the Education Act 1996;

  (c)

  within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992(3)), other than a university; or

  (d)

  within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992), and

• “the relevant enactments” means section 8 of the Rent Act 1977 and paragraph 8 of Schedule 1 to the Housing Act 1988 (lettings to students).

3.  The following institutions are hereby specified as educational institutions for the purposes of the relevant enactments, that is to say—

(a) any university or university college and any constituent college, school or hall or other institution of a university;

(b) any other institution which provides further education or higher education or both and which is publicly funded;

(c) the David Game Tutorial College, London.

4.  The following bodies of persons (whether unincorporated or bodies corporate) are hereby specified as bodies for the purposes of the relevant enactments, that is to say—

(a) the governing body of any educational institution specified in regulation 3 above;

(b) the body, other than a local education authority, providing any such educational institution; and

(c) a body listed in Schedule 1 to these Regulations.

5.  The following bodies of persons (whether unincorporated or bodies corporate) are hereby specified as bodies for the purposes of paragraph 8 of Schedule 1 to the Housing Act 1988, that is to say—

(a) any housing association (as defined in section 1 of the Housing Associations Act 1985(4)) which is registered by the Housing Corporation or Housing for Wales in accordance with Part I of the Housing Associations Act 1985 and which is not listed in Schedule 1 to these Regulations; and

(b) a body listed in Schedule 2 to these Regulations.

6.  The Regulations specified in Schedule 3 to these Regulations are hereby revoked to the extent detailed in that Schedule.

Tessa Blackstone

Minister of State,

Department for Education and Employment

7th August 1998

Peter Hain

Parliamentary Under Secretary of State, Welsh Office

11th August 1998