PART 3

Access to services etc
CHAPTER 1

Residential tenancies

Codes of practice

General matters
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1
The Secretary of State must issue a code of practice for the purposes of this Chapter.
2
The code must specify factors that the Secretary of State will consider when determining the amount of a penalty imposed under this Chapter.
3
The code may contain guidance about—
a
factors that the Secretary of State will consider when determining whether—
i
a residential tenancy agreement grants a right of occupation of premises for residential use, or
ii
a person is occupying premises as an only or main residence;
b
the reasonable enquiries that a landlord should make to determine the identity of relevant occupiers in relation to a residential tenancy agreement (so far as they are not named in the agreement);
c
any other matters in connection with this Chapter that the Secretary of State considers appropriate.
4
Guidance under subsection (3)(a) may in particular relate to the treatment for the purposes of this Chapter of arrangements that are made in connection with holiday lettings or lettings for purposes connected with business travel.
5
The Secretary of State must from time to time review the code and may revise and re-issue it following a review.
6
The code (or revised code)—
a
may not be issued unless a draft has been laid before Parliament, and
b
comes into force in accordance with provision made by order of the Secretary of State.