Statutory Instrument 1998 No. 1967

The Assured and Protected Tenancies (Lettings to Students) Regulations 1998

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1998 No. 1967

LANDLORD AND TENANT, ENGLAND AND WALES

The Assured and Protected Tenancies (Lettings to Students) Regulations 1998

	Made	11th August 1998
	Laid before Parliament	11th August 1998
	Coming into force	1st September 1998

In exercise of the powers conferred on the Secretary of State by section 8 of the Rent Act 1977[1] and paragraph 8 of Schedule 1 to the Housing Act 1988[2], the Secretary of State for Education and Employment, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:

    1.These Regulations may be cited as the Assured and Protected Tenancies (Lettings to Students) Regulations 1998 and shall come into force on 1st September 1998.

    2.In these Regulations - 

"assisted" has the same meaning as in section 579(5) and (6) of the Education Act 1996[3];

"further education" has the meaning assigned to it by section 2(3) and (5) of the Education Act 1996;

"higher education" means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988[4];

"publicly funded" refers to an institution which is - 

(a) provided or assisted by a local education authority;

(b) in receipt of grant under regulations made under section 485 of the Education Act 1996;

(c) within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992[5]), other than a university; or

(d) within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992), and

"the relevant enactments" means section 8 of the Rent Act 1977 and paragraph 8 of Schedule 1 to the Housing Act 1988 (lettings to students).

    3.The following institutions are hereby specified as educational institutions for the purposes of the relevant enactments, that is to say - 

(a) any university or university college and any constituent college, school or hall or other institution of a university;

(b) any other institution which provides further education or higher education or both and which is publicly funded;

(c) the David Game Tutorial College, London.

    4.The following bodies of persons (whether unincorporated or bodies corporate) are hereby specified as bodies for the purposes of the relevant enactments, that is to say - 

(a) the governing body of any educational institution specified in regulation 3 above;

(b) the body, other than a local education authority, providing any such educational institution; and

(c) a body listed in Schedule 1 to these Regulations.

    5.The following bodies of persons (whether unincorporated or bodies corporate) are hereby specified as bodies for the purposes of paragraph 8 of Schedule 1 to the Housing Act 1988, that is to say - 

(a) any housing association (as defined in section 1 of the Housing Associations Act 1985[6]) which is registered by the Housing Corporation or Housing for Wales in accordance with Part I of the Housing Associations Act 1985 and which is not listed in Schedule 1 to these Regulations; and

(b) a body listed in Schedule 2 to these Regulations.

    6.The Regulations specified in Schedule 3 to these Regulations are hereby revoked to the extent detailed in that Schedule.


Tessa Blackstone
Minister of State, Department for Education and Employment

7th August 1998


Peter Hain
Parliamentary Under Secretary of State, Welsh Office

11th August 1998

SCHEDULE 1Regulation 4(c)


SPECIFIED BODIES UNDER REGULATION 4(c)

International Students House

The London Goodenough Trust for Overseas Graduates



SCHEDULE 2Regulation 5(b)


SPECIFIED BODIES UNDER REGULATION 5(b)

AFSIL Limited

Derbyshire Student Residences Limited

Friendship Housing

Hull Student Welfare Association

International Lutheran Student Centre

International Students Club (Church of England) Limited

International Students' Club (Lee Abbey) Limited

International Students Housing Society

Oxford Brookes Housing Association Limited

Oxford Overseas Student Housing Association Limited

St. Brigid's House Limited

St. Thomas More Housing Society Limited

The House of St. Gregory and St. Macrina Oxford Limited

The London Mission (West London) Circuit Meeting of the Methodist Church

The London School of Economics Housing Association

The Royal London Hospital Special Trustees

The Universities of Brighton and Sussex Catholic Chaplaincy Association

The Victoria League for Commonwealth Friendship

University of Leicester Students' Union

Wandsworth Students Housing Association Limited

York Housing Association Limited



SCHEDULE 3Regulation 6


REVOCATIONS

(1)	(2)	(3)
Regulations revoked	References	Extent of revocation
The Assured and Protected Tenancies (Lettings to Students) Regulations 1988.	S.I. 1988/2236.	The whole Regulations.
The Assured and Protected Tenancies (Lettings to Students) (Amendment) Regulations 1989.	S.I. 1989/1628.	The whole Regulations.
The Assured and Protected Tenancies (Lettings to Students) (Amendment) Regulations 1990.	S.I. 1990/1825.	The whole Regulations.
The Assured and Protected Tenancies (Lettings to Students) (Amendment) Regulations 1991.	S.I. 1991/233.	The whole Regulations.
The Assured and Protected Tenancies (Lettings to Students) (Amendment) Regulations 1992.	S.I. 1992/515.	The whole Regulations.
The Further and Higher Education Act 1992 (Consequential Amendments) Regulations 1993.	S.I. 1993/559.	Regulation 6.
The Assured and Protected Tenancies (Lettings to Students) (Amendment) Regulations 1993.	S.I. 1993/2390.	The whole Regulations.
The Assured and Protected Tenancies (Lettings to Students) (Amendment) Regulations 1996.	S.I. 1996/458.	The whole Regulations.
The Assured and Protected Tenancies (Lettings to Students) (Amendment) (No. 2) Regulations 1996.	S.I. 1996/2198.	The whole Regulations.

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EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 8 of the Rent Act 1977 and paragraph 8 of Schedule 1 to the Housing Act 1988 except from the definition of "protected tenancy" and "assured tenancy" in section 1 of the respective Acts a tenancy granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution. The tenancy must be granted either by that institution or by another specified institution or body of persons. These Regulations specify the educational institutions and other bodies for the purposes of those provisions.

These Regulations consolidate the earlier Regulations specifying institutions and bodies for the purposes of the said section 8 and paragraph 8 with minor and drafting amendments to take account of the change in name of certain bodies listed therein and to delete references to certain other bodies.

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Notes:

[1] 1977 c.42.back

[2] 1988 c.50.back

[3] 1996 c.56.back

[4] 1988 c.40.back

[5] 1992 c.13.back

[6] 1985 c.69; Part I was amended by Part II of, and Schedule 6 to, the Housing Act 1988 (c.50).back

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ISBN 0 11 079447 8

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