Commentary on Sections Part 3 Miscellaneous and General Summary and background Section 88: Supplementary provisions
483.Subsections (1) to (4) provide the remaining definitions of the terms used in this Chapter. The definition of an assured tenancy is relevant to determining firstly who is a letting agent for the purposes of this Chapter and, secondly, the fees to which the duty applies. Subsection (1) defines an assured tenancy (which is the most common type of tenancy in the private rented sector) for these purposes. In particular, the definition of an assured tenancy excludes assured tenancies granted by a private registered provider of social housing and any assured tenancy that is a long lease. This ensures that the duty applies to agents who let properties in the private rented sector and to the fees, penalties and charges that they charge in connection with the letting, management etc. of such properties.
484.Subsections (5) to (9) set out the Parliamentary procedures for making the regulations detailed in this Chapter and subsections (10) and (11) provide a power for incidental provision to be made.