Landlords acting through others: HA 1988 s. 16H
Section 16H allows landlords to use agents for duties under sections 16D and 16E; the landlord remains liable for compliance or breach by the agent.
Nothing in section 16D or 16E prevents a landlord from fulfilling or contravening an obligation through another person acting on their behalf.
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 says that nothing in sections 16D or 16E stops a landlord from doing what those sections require (or failing to do it) through someone else acting on the landlord's behalf. So if a landlord uses a letting agent, property manager, or contractor to carry out duties under sections 16D or 16E, the landlord is still responsible for what that person does. The landlord can both fulfil and contravene those obligations through an agent. This section does not create new duties; it only confirms that the existing duties in 16D and 16E apply to actions taken by others on the landlord's behalf.
When it applies
- A landlord uses a letting agent to provide the statement of terms required by section 16D, but the agent fails to give it. The landlord is considered to have contravened the obligation.
- A landlord hires a contractor to carry out a repair, and the contractor's work causes damage that violates a duty under section 16E. The landlord is responsible.
- A landlord authorizes a property manager to market the property, and the manager's actions contravene the marketing prohibitions in section 16E. The landlord is liable.
- A landlord instructs an agent to give a tenant the required information, and the agent does so correctly. The landlord has fulfilled the obligation through the agent.
- A landlord uses an online platform to handle communications, and the platform's automated system fails to send a required notice. The landlord is responsible.
What this section does not say
- This section does not apply to duties outside sections 16D and 16E, such as repair obligations under section 16.
- It does not mean that the landlord can delegate all responsibilities; it only clarifies that the landlord can act through others for these specific duties.
- It does not create a defence for the landlord if the agent acts without authority; the landlord is still responsible for the agent's actions within the scope of their authority.
- It does not give tenants any additional rights to sue the agent directly; the landlord remains the primary party.
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This page reproduces the text of HA 1988 s. 16H 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.