The Rent Repayment Orders and Financial Penalties (Amounts Recovered) (England) Regulations 2017

Interpretation

2.  In these Regulations—

“the 2004 Act” means the Housing Act 2004;

“the 2007 Regulations” means the Rent Repayment Orders (Supplementary Provisions) (England) Regulations 2007(1);

“the 2016 Act” means the Housing and Planning Act 2016;

“enforcement function” means, in relation to a local housing authority(2)—

(a)

any of its functions—

(i)

under Parts 1 to 4 of the 2004 Act; or

(ii)

under Part 2 of the 2016 Act; or

(b)

where paragraph (a) does not apply, any of its functions, conferred on it as local housing authority—

(i)

connected with an investigation of, or proceedings relating to, a contravention of the law relating to housing or landlord and tenant; or

(ii)

connected with the promotion of compliance with the law relating to housing or landlord and tenant; and

“private rented sector” means—

(a)

a landlord under a tenancy of residential premises in England that is not a registered provider of social housing(3);

(b)

residential premises in England that are let, or intended to be let, under a tenancy by a landlord that is not a registered provider of social housing;

(c)

common parts of such premises;

(d)

English letting agency work within the meaning of section 54 of the 2016 Act in relation to such premises; or

(e)

English property management work within the meaning of section 55 of the 2016 Act in relation to such premises;

and for the purpose of this definition “residential premises” has the meaning given by section 1 of the 2004 Act.

(1)

S.I. 2007/572.

(2)

See section 261 of the Housing Act 2004 and section 56 of the Housing and Planning Act 2016 for the definition of “local housing authority”.

(3)

See section 80 of the Housing and Regeneration Act 2008 (c. 17) for the definition of registered providers of social housing.