Definition of marketing a dwelling to let – HA 1988 s. 16G
Defines 'markets' for s.16E: advertising or informing in lettings agency work; excludes passive advertising; defines lettings agency work with exceptions.
For the purposes of section 16E a person markets a dwelling-house to let on a tenancy when— the person advertises that the dwelling-house is or may be available to let on a tenancy, or in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available. For the purposes of section 16E a person markets a dwelling-house to be occupied under a licence when— the person advertises that the dwelling-house is or may be available to be occupied under a licence, or in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available. But subsections (1)(a) and (2)(a) do not apply in relation to a person who publishes an advertisement in the course of a business that does not involve lettings agency work if the advertisement has been provided by another person. For the purposes of this section, “ lettings agency work ” means things done by a person in the course of a business in response to instructions received from— a person (“a prospective landlord”) seeking to find another person to occupy a dwelling-house, or a person (“a prospective occupier”) seeking to find a dwelling-house to occupy. However, “ lettings agency work ” does not include any of the following things when done by a person who does nothing else within subsection (4)— publishing advertisements or disseminating information; providing a means by which a prospective landlord or a prospective occupier can, in response to an advertisement or dissemination of information, make direct contact with a prospective occupier or prospective landlord; providing a means by which a prospective landlord and a prospective occupier can communicate directly with each other. “Lettings agency work” also does not include things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State. Regulations under this section— may make different provision for different purposes; are to be made by statutory instrument. A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
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
This section explains when a person is considered to be marketing a dwelling-house for the purposes of section 16E. It covers two situations: marketing to let on a tenancy, and marketing to be occupied under a licence. In both cases, marketing includes advertising that the dwelling is or may be available, or telling someone about it in the course of lettings agency work.
The section also defines 'lettings agency work' as things done in a business in response to instructions from a prospective landlord or occupier. However, it excludes certain activities such as publishing advertisements (if the person does nothing else that counts as lettings agency work), providing a means for direct contact, or facilitating direct communication. The Secretary of State can make regulations to add further exceptions.
When it applies
- A letting agent sends an email to a prospective tenant listing available flats – this is marketing in the course of lettings agency work.
- A landlord puts a 'To Let' sign in the garden – this is advertising, so marketing under subsection (1)(a).
- A local newspaper prints a rental advertisement that a landlord provided – if the newspaper does nothing else that counts as lettings agency work, it is not marketing under subsections (1)(a) or (2)(a).
- A website like Rightmove allows landlords to post listings and tenants to contact them directly – this is providing a means for direct contact, excluded from the definition of lettings agency work.
- A property portal that also offers paid listing services and takes instructions from landlords – this would be lettings agency work, so informing a tenant about a property through the portal's service counts as marketing.
What this section does not say
- This section does not define what constitutes a tenancy or a licence – see the Housing Act 1988 generally.
- It does not set penalties for marketing a dwelling without permission – see section 16J (offences) and section 16I (financial penalties).
- It does not apply to marketing a dwelling for sale – only for letting under a tenancy or licence.
- It does not cover the duties of landlords under section 16E itself – that section contains the actual prohibitions and requirements.
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This page reproduces the text of HA 1988 s. 16G 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.