Prohibited landlord actions under HA 1988 s. 16E
HA 1988 s. 16E bans landlords from offering fixed terms, serving invalid notices, making baseless possession claims, or re-letting after Ground 1 or 1A.
A relevant person must not, in relation to an assured tenancy— purport to let a dwelling-house on the tenancy for a fixed term (see section 4A), purport to bring the tenancy to an end by service of a notice to quit (see section 5(1, purport to bring the tenancy to an end, or require that it is brought to an end, orally, serve on the tenant a purported notice of possession, rely on a ground in Schedule 2 where the person does not reasonably believe that the landlord is, will or may be able to obtain an order for possession on that ground, or where the tenancy is one to which section 16D applies, rely on one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A or 18 in Schedule 2 if no statement was given to the tenant under section 16D(3) in respect of them. Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, the landlord must not, within the restricted period— let the dwelling-house on a tenancy for a term of 21 years or less, or permit a person to occupy the dwelling-house— under a licence to occupy, and for monetary consideration. Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, a relevant person in relation to that tenancy must not— within the restricted period, market the dwelling-house to let on a tenancy for a term of 21 years or less, within the restricted period, market the dwelling-house to be occupied— under a licence to occupy, and for monetary consideration, authorise another person to market the dwelling-house to let on a tenancy for a term of 21 years or less, so far as the authorisation would allow that other person to market it within the restricted period, or authorise another person to market the dwelling-house to be occupied— under a licence to occupy, and for monetary consideration, so far as the authorisation would allow that other person to market it within the restricted period. Where a prohibition in subsection (2) or (3) applies to a person, it continues to apply to that person until the end of the restricted period, whether or not the tenancy continues during that period. A breach of subsection (1)(f) does not prevent a court from making an order for possession of the dwelling-house on the ground in question (but see section 16I(1)(a.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 16E restricts landlords and their agents from engaging in specific unfair eviction and letting practices regarding assured tenancies. It prohibits landlords from attempting to grant fixed-term tenancies, attempting to end a tenancy using a notice to quit or an oral demand, and issuing non-statutory possession notices. Landlords are also forbidden from asserting grounds for possession under Schedule 2 unless they reasonably believe court approval for possession can be granted on that ground.
In addition, if a landlord repossesses a dwelling-house by relying on Ground 1 or Ground 1A, section 16E bars them from letting, marketing, or authorizing anyone else to market the property for a term of 21 years or less during the restricted period. Claiming a ground without meeting statement requirements under section 16D is also restricted, though a technical breach of notice grounds does not automatically stop a court from granting possession.
When it applies
- A landlord demands orally that a tenant move out of the property by the end of the week.
- A letting agent attempts to sign a tenant to a contract that purports to mandate a fixed-term tenancy.
- A landlord cites a Schedule 2 possession ground in court notices without holding a reasonable belief that they actually qualify for possession under it.
- A landlord repossesses a home using Ground 1 and immediately markets it for re-letting on a tenancy of 21 years or less during the restricted period.
What this section does not say
- The statutory exemptions allowing marketing or re-letting despite relying on Ground 1 or Ground 1A, which are set out in section 16F.
- The financial penalties and administrative enforcement mechanisms imposed for breaching these duties, covered under section 16I.
- The requirement to provide a written statement of terms before or at the start of the tenancy, governed by section 16D.
Related sections
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This page reproduces the text of HA 1988 s. 16E in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.