Part 1Energy efficiency

CHAPTER 2Private rented sector: England and Wales

Introductory

42Meaning of “domestic PR property” and “non-domestic PR property”: England and Wales

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”.