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Change 1
As published
56 Requirement to state rent and to avoid rental bidding
(1) This section applies to a letting of a dwelling (a “proposed letting”) if the letting is to be on an agreement which may give rise to a relevant tenancy.
(2) A relevant person must not advertise in writing, or otherwise offer in writing, the proposed letting unless—
(a) the rent that is to be payable under the letting is a specific amount (the “proposed rent”), and
(b) the advertisement or offer states the proposed rent.
(3) A relevant person must not—
(a) invite or encourage any person to offer to pay an amount of rent under the proposed letting that exceeds the stated rent, or
(b) accept an offer from any person to pay an amount of rent under the proposed letting that exceeds the stated rent.
(4) For the purposes of subsection (3)(a) or (b), the “stated rent” is the proposed rent which is stated—
(a) by the relevant person who is inviting or encouraging, or accepting, the offer of rent, or
(b) by any other relevant person,
in any written advertisement for, or written offer of, the proposed letting.
(5) Subsection (2) does not apply to a sign displayed at the dwelling, or at premises in which the dwelling is situated, which merely advertises that the dwelling is to let.
(6) In this section—
“prospective landlord” means the person who proposes to make a proposed letting;
“relevant person”, in relation to a proposed letting, means—
the prospective landlord, or
a person acting or purporting to act directly or indirectly on behalf of the prospective landlord;
“relevant tenancy” means an assured tenancy within the meaning of the 1988 Act, other than a tenancy that is—
a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, or
a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2 to the 1988 Act.
Your change, as a redline
56 Requirement to state rent and to avoid rental bidding
(1) This section applies to a letting of a dwelling (a “proposed letting”) if the letting is to be on an agreement which may give rise to a relevant tenancy.
(2) A relevant person must not advertise in writing, or otherwise offer in writing, the proposed letting unless—
(a) the rent that is to be payable under the letting is a specific amount (the “proposed rent”), and
(b) the advertisement or offer states the proposed rent.
(3) A relevant person must not—
(a) invite or encourage any person to offer to pay an amount of rent under the proposed letting that exceeds the stated rent, or
(b) accept an offer from any person to pay an amount of rent under the proposed letting that exceeds the stated rent.
(4) For the purposes of subsection (3)(a) or (b), the “stated rent” is the proposed rent which is stated—
(a) by the relevant person who is inviting or encouraging, or accepting, the offer of rent, or
(b) by any other relevant person,
in any written advertisement for, or written offer of, the proposed letting.
(5) Subsection (2) does not apply to a sign displayed at the dwelling, or at premises in which the dwelling is situated, which merely advertises that the dwelling is to let.
(6) In this section—
“prospective landlord” means the person who proposes to make a proposed letting;
“relevant person”, in relation to a proposed letting, means—
the prospective landlord, or
a person acting or purporting to act directly or indirectly on behalf of the prospective landlord;
“relevant tenancy” means an assured tenancy within the meaning of the 1988 Act, other than a tenancy that is—
a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, or
a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2 to the 1988 Act.
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