The Assured and Protected Tenancies (Lettings to Students) Regulations 1988

Made: 21st December 1988

Laid before Parliament: 22nd December 1988

Coming into force: 15th January 1989

In exercise of the powers conferred on the Secretary of State by section 8 of the Rent Act 1977[^f00001] and paragraph 8 of Schedule 1 to the Housing Act 1988[^f00002], the Secretary of State for Education and Science, 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 1988 and shall come into force on 15th January 1989.

2

In these Regulations—

• “assisted” has the same meaning as in section 114(2)(b) of the Education Act 1944[^f00003];

• “further education” means— full-time and part-time education for persons over compulsory school age (including vocational, social, physical and recreational training); and organised leisure-time occupation provided in connection with the provision of such education; but does not include higher education;

• “higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988[^f00004];

• “publicly funded” shall mean that the relevant institution is— provided or assisted by a local education authority; in receipt of grant under regulations made under section 100(1)(b) of the Education Act 1944[^f00005]; or within the PCFC funding sector by virtue of section 132 of the Education Reform Act 1988; 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 the Schedule to these Regulations.

5

The Protected Tenancies (Exceptions) Regulations 1986[^f00006] and the Protected Tenancies (Exceptions) (Amendment) Regulations 1988[^f00007] are hereby revoked.

SCHEDULE — SPECIFIED BODIES UNDER REGULATION 4(C)

• AFSIL Limited

• Birmingham Friendship Housing Association

• Bishop Creighton House, London

• Carrs Lane Church Centre, Birmingham

• Ducane Housing Association Limited

• The City University Students' Union

• Hamtun Housing Association Limited, Southampton

• Hull Students Welfare Association

• International Students Housing Society, Woolwich

• International Students Trust, London

• Leicester University Students Union

• London House for Overseas Graduates, London

• Oxford Overseas Student Housing Association Limited

• Oxford Polytechnic Housing Association Limited

• St Thomas More Housing Society Limited, Oxford

• Student Homes Limited, London

• The University of Sussex Catholic Chaplaincy Association

• Victoria League for Commonwealth Friendship, London

• Wandsworth Students Housing Association Limited

• York Housing Association Limited

Signed

Kenneth Baker — Secretary of State for Education and Science — 19th December 1988

Peter Walker — Secretary of State for Wales — 21st December 1988

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 excepts from the definition of “protected tenancy” and “assured tenancy” in section 1 of the respective Acts a tenancy granted to a student, or prospective student, at an educational institution specified for the purposes of the said section 8 or paragraph 8 by regulations if the tenancy is granted by such an institution or by a body so specified.

These Regulations consolidate the Regulations specifying institutions and bodies for the purposes of section 8 and specifies the same and certain other institutions and bodies for the purposes of the said paragraph 8.

Footnotes

[^f00001]: 1977 c. 42.

[^f00002]: 1988 c. 50.

[^f00003]: 1944 c. 31; section 114(2)(b) is prospectively repealed in part by Schedule 13 to the Education Reform Act 1988 (c. 40).

[^f00004]: 1988 c. 40.

[^f00005]: 1944 c. 31; section 100(1)(b) was amended by section 213(3) of the Education Reform Act 1988.

[^f00006]: S.I. 1986/541.

[^f00007]: S.I. 1988/1683.