Section 13 inserts new sections 16E (Other duties), 16F (Exceptions from letting and marketing prohibitions) and 16G (Interpretation of terms related to marketing in section 16E) into the Housing Act 1988. Section 16E prohibits certain actions by a "relevant person" in relation to an assured tenancy, including misuse of possession grounds. (See new section 16M (duties of landlords etc. penalties and offences: interpretation) inserted by section 19 for meaning of "relevant person", who will usually be a landlord, someone acting for them or someone purporting to do so). Section 16F details the circumstances where the letting and marketing prohibitions in section 16E do not apply, and section 16G interprets terms related to marketing used in section 16E. These sections apply to assured tenancies.
	Section 16E(1) sets out the prohibitions placed on relevant persons (such as landlords, former landlords or letting agents) in relation to an assured tenancy. This includes that a relevant person must not purport to let the property for a fixed term or purport to bring the tenancy to an end, or require that it is brought to an end, orally, or via a notice to quit. Relevant persons are also prohibited from: serving a "purported notice of possession" (defined in section 16M to exclude valid section 8 notices and claim forms relating to possession proceedings); relying on a ground that the relevant person does not reasonably believe the landlord will, or may be able to obtain a court order for possession on (for example, relying on grounds 1 (occupation by landlord or family) or 1A (selling) in the first year of the tenancy where the conditions for establishing that ground do not allow this); or specifying a possession ground in relation to which prior notice must be given, having failed to give prior notice in the written statement of terms.
	Subsections 16E(2) and 16E(3) provide that where a relevant person relies on either the occupation or selling possession grounds (grounds 1 or 1A), the landlord is prohibited from taking certain actions. These are that, within a "restricted period" (defined in section 16M and generally within 12 months of the date specified in the section 8 notice or purported notice of possession as the earliest date on which possession proceedings can begin) they must not let or market the property on a tenancy with a term of 21 years or less, or permit the property to be occupied or marketed for occupation under a licence in return for money (except as provided for in subsection 16F(1)).
	Subsection 16E(4) provides that these prohibitions continue to apply until the end of the restricted period regardless of whether the tenancy continues during the period or not. Subsection 16E(5) provides that if a relevant person has not provided prior notice in the written statement of the landlord’s intention to be able to recover possession by relying on one or more of grounds 1B, 2ZA, 2ZB, 2ZC, 2ZD, 4, 5 to 5H, 6A, or 18, the court may still make an order for possession of the property using the ground. In that situation the relevant person may be subject to a financial penalty (see new section 16I (financial penalties) inserted by section 15).
	Section 16F sets out the exceptions to the letting and marketing prohibitions in section 16E. Subsection 16F(1) provides that the letting and marketing prohibitions during the restricted period following the use of ground 1, detailed in subsections 16E(2) and (3), do not apply if the letting or marketing is to a landlord or a family member mentioned in paragraphs (a) to (d) of ground 1. Subsection 16F(1) also provides that the letting and marketing prohibitions during the restricted period following the use of ground 1A, detailed in subsections 16E(2) and (3), do not apply if the letting or marketing is to a licensee who has either agreed to purchase the landlord’s interest in the dwelling-house, or has agreed to lease the property for a term of more than 21 years without a break, and the licence to occupy is granted in anticipation of that purchase or lease.
	Section 16F(2) sets out that the prohibitions in subsection 16E(3) do not apply where the marketing of the property within the restricted period is in connection with letting, or occupation under a licence, which is permitted as a result of subsection 16F(1). Sections 16F(3) – (5) also set out that prohibitions on letting or marketing the property during the restricted period do not apply if the landlord is a shared owner, has relied on possession ground 1A, and certain conditions have been met. These include that:
							The landlord has notified the tenant in writing before the tenancy was entered into that they are a shared owner and the prohibitions in subsections 16E(2) and (3) might not apply;
							The landlord has notified their own landlord of their intention to sell the property by the date on which the tenant is required to have moved out; and
							a RICS valuation has been undertaken on the property or the landlord has marketed the property for sale.
	Section 16G (Interpretation of terms related to marketing in section 16E) clarifies terms related to marketing in 16E, including a definition of what constitutes "lettings agency work" and stating where exclusions apply.
	Subsections 16G(1) and (2) set out what constitutes marketing a dwelling house to be let on a tenancy or licence to occupy for the purposes of section 16E. Subsection 16G(3) excludes publication of an advertisement from these definitions provided the publisher is not involved with "lettings agency work" and did not themselves supply the advertisement.
	Subsection 16G(4) sets out the meaning of "lettings agency work" to encompass things like informing another person about available homes to rent. This works together with the meaning of marketing, found in subsections 16G(1) and (2). This provides that for the purposes of the prohibitions in section 16E(2) and (3), informing another person that a residence is available within the course of "lettings agency work" qualifies as "marketing" for the purposes of this section. Subsection 16G(5) excludes certain activities from the "lettings agency work" definition, on the condition that no other activities listed in subsection 16G(4) have been carried out. For example, should a landlord advertise a property online within twelve months of using the moving or selling grounds, the landlord would be in breach of the rules, rather than the advertising site, because publishing an advertisement in and of itself is an excluded activity and does not constitute "lettings agency work".
	Under subsections 16G(6) and 16G(7) the Secretary of State may make regulations to exclude other activities from the definition of "lettings agency work". These regulations will be subject to the negative resolution procedure.
Part 1: Tenancy reform Chapter 1: Assured Tenancies Section 13: Other duties Effect