UKPGA-2025-26 — Renters’ Rights Act 2025

preamble

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1

Tenancy reform

s. 1 — Assured tenancies to be periodic with rent period not exceeding a month

In the 1988 Act, before section 5 insert—

s. 2 — Abolition of assured shorthold tenancies

In the 1988 Act—

s. 2(a)

omit section 6A (demotion to assured shorthold tenancy because of anti-social behaviour);

s. 2(b)

omit Chapter 2 of Part 1 (assured shorthold tenancies).

s. 3 — Changes to grounds for possession

s. 3(1)

Schedule 1 contains amendments of Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let on assured tenancies).

s. 3(2)

In section 7 of the 1988 Act (orders for possession)—

s. 3(2)(a)

in subsection (3), for “subsections (5A) and (6)” substitute “the following provisions of this section”;

s. 3(2)(b)

in subsection (4) omit “, subject to subsections (5A) and (6) below,”;

s. 3(2)(c)

in subsection (5) omit the words from “and Part IV” to the end”;

s. 3(2)(d)

after subsection (5) insert— ;

s. 3(2)(e)

in subsection (5A)—

s. 3(2)(e)(i)

in paragraph (a), for “, 2, 5” substitute “to 5H, 6A, 6B”

s. 3(2)(e)(ii)

omit paragraph (b) (but not the “and” at the end).

s. 3(2)(f)

after subsection (5A) insert—

s. 3(2)(g)

omit subsections (6), (6A), (6B) and (7).

s. 3(3)

In section 8 of the 1988 Act (notice of proceedings for possession)—

s. 3(3)(a)

in subsection (1)(a) for “(4B)” substitute “(4AA)”;

s. 3(3)(b)

in subsection (3)(b) for “(3A) to (4B)” substitute “(4) to (4AA)”;

s. 3(3)(c)

omit subsection (3A);

s. 3(3)(d)

in subsection (4)—

s. 3(3)(d)(i)

for “Ground 14” substitute “either or both of Grounds 7A and 14”;

s. 3(3)(d)(ii)

after “whether” insert “with or”;

s. 3(3)(d)(iii)

omit “or with any ground other than Ground 7A”;

s. 3(3)(e)

for subsections (4A) and (4B) substitute— ;

s. 3(3)(f)

after subsection (5) insert— ;

s. 3(3)(g)

omit subsection (6).

s. 3(4)

After section 8 of the 1988 Act insert—

s. 3(5)

After section 11 of the 1988 Act insert—

s. 4 — Possession for anti-social behaviour: relevant factors

In the 1988 Act, in section 9A—

s. 4(a)

in subsection (2), after paragraph (c) insert— ;

s. 4(b)

after subsection (2) insert—

s. 5 — Form of notice of proceedings for possession

In section 8 of the 1988 Act, after subsection (6) insert—

s. 6 — Statutory procedure for increases of rent

s. 6(1)

Section 13 of the 1988 Act (increases of rent) is amended in accordance with subsections (2) to (8).

s. 6(2)

In the heading for “periodic tenancies” substitute “tenancies other than relevant low-cost tenancies”.

s. 6(3)

For subsection (1) substitute—

s. 6(4)

In subsection (2)—

s. 6(4)(a)

in paragraph (a), for “the minimum period” substitute “two months”;

s. 6(4)(b)

in paragraph (b)—

s. 6(4)(b)(i)

for the words before sub-paragraph (i) substitute “either”;

s. 6(4)(b)(ii)

after sub-paragraph (i) insert “or”;

s. 6(4)(c)

in paragraph (c)—

s. 6(4)(c)(i)

in the words before sub-paragraph (i), after “below” insert “, either”;

s. 6(4)(c)(ii)

after sub-paragraph (i) insert “or”.

s. 6(5)

Omit subsection (3).

s. 6(6)

In subsection (4)—

s. 6(6)(a)

in paragraph (a), for “by an application in the prescribed form refers the notice to the appropriate tribunal” substitute “applies to the appropriate tribunal under section 14(A3)”;

s. 6(6)(b)

in paragraph (b) for “variation of the rent which is different from” substitute “new rent which is lower than”.

s. 6(7)

After subsection (4) insert—

s. 6(8)

Omit subsection (5).

s. 6(9)

After section 13 of the 1988 Act insert—

s. 7 — Challenging amount or increase of rent

s. 7(1)

Section 14 of the 1988 Act (determination of rent by tribunal) is amended in accordance with subsections (2) to (9).

s. 7(2)

In the title, after “of” insert “open-market”.

s. 7(3)

Before subsection (1) insert—

s. 7(4)

In subsection (1)—

s. 7(4)(a)

for the words from the beginning to “that section,” substitute “Where an application is made under subsection (A1) or (A3),”;

s. 7(4)(b)

for paragraphs (a) and (b) substitute— ;

s. 7(4)(c)

in paragraph (c) for “notice” substitute “application”;

s. 7(4)(d)

omit paragraph (d) and the “and” before it.

s. 7(5)

In subsection (3)—

s. 7(5)(a)

in the words before paragraph (a)—

s. 7(5)(a)(i)

omit the words from “in relation to” to “above,”;

s. 7(5)(a)(ii)

for “notice”, in the second place it occurs, substitute “application”;

s. 7(5)(b)

in paragraphs (a) and (b) for “service of the notice” substitute “the application”.

s. 7(6)

In subsection (3A)—

s. 7(6)(a)

in the words before paragraph (a), for the words from “on” to “served,” substitute “of the application”;

s. 7(6)(b)

in paragraph (a), for “that notice was served” substitute “the application was made”.

s. 7(7)

Omit subsections (6) and (7).

s. 7(8)

In subsection (8) omit “of a rent for a dwelling-house”.

s. 7(9)

Omit subsection (9).

s. 7(10)

After section 14 of the 1988 Act insert—

s. 7(11)

Omit sections 14A and 14B of the 1988 Act.

s. 8 — Prohibition of rent in advance after lease entered into (except initial rent)

In the 1988 Act, after section 4A (inserted by section 1 of this Act) insert—

s. 9 — Prohibition of rent in advance before lease entered into

s. 9(1)

Schedule 1 to the Tenant Fees Act 2019 (permitted payments) is amended in accordance with subsections (2) and (3).

s. 9(2)

After paragraph 1(1) (rent is a permitted payment) insert—

s. 9(3)

For sub-paragraph (2) of paragraph 1 substitute—

s. 9(4)

After section 5 of the Tenant Fees Act 2019 insert—

s. 9(5)

The Tenant Fees Act 2019 is further amended as follows—

s. 9(5)(a)

in section 6 (enforcement by local weights and measures authorities)—

s. 9(5)(a)(i)

in subsection (1), in paragraph (b) omit “and” and after that paragraph insert— ;

s. 9(5)(a)(ii)

in subsection (3), for “or 2” substitute “, 2 or 5A”;

s. 9(5)(b)

in section 7 (enforcement by district councils), in subsection (1), for “and 2” substitute “, 2 and 5A”;

s. 9(5)(c)

in section 8 (financial penalties), in subsection (1), for “or 2” substitute “, 2 or 5A”;

s. 9(5)(d)

in section 10 (recovery by enforcement authority of amount paid)—

s. 9(5)(d)(i)

in subsection (1)(a), for “or 2” substitute “, 2 or 5A”;

s. 9(5)(d)(ii)

after subsection (2) insert— ;

s. 9(5)(d)(iii)

in subsection (3), for “But subsection (2) does not apply in relation to a prohibited payment” substitute “Subsection (2) does not apply in relation to the prohibited payment”;

s. 9(5)(e)

in section 15 (recovery by relevant person of amount paid), in subsection (1)(a), for “or 2” substitute “, 2 or 5A”.

s. 10 — Repayment of rent paid for days after end of tenancy

In the 1988 Act, after section 14ZB (inserted by section 7 of this Act) insert—

s. 11 — Right to request permission to keep a pet

s. 11(1)

In the 1988 Act, after section 16 insert—

s. 11(2)

In section 45(1) of the 1988 Act, in the appropriate place insert—

s. 12 — Duty of landlord and contractor to give statement of terms etc

In the 1988 Act, after section 16B (inserted by section 11 of this Act) insert—

s. 13 — Other duties

s. 13(1)

In the 1988 Act, after section 16D (inserted by section 12 of this Act) insert—

s. 13(2)

The Secretary of State may, by regulations, repeal section 16F(3) to (5) of the 1988 Act.

s. 14 — Landlords acting through others

In the 1988 Act, after section 16G (inserted by section 13 of this Act) insert—

s. 15 — Landlords etc: financial penalties and offences

In the 1988 Act, after section 16H (inserted by section 14 of this Act) insert—

s. 16 — Financial penalties: procedure, appeals and enforcement

In the 1988 Act, after Schedule 2 insert—

s. 17 — Duties of landlords etc, penalties and offences: interpretation

In the 1988 Act, after section 16L (inserted by section 15 of this Act) insert—

s. 18 — No criminal liability of the Crown under Part 1 of 1988 Act

In section 44 of the 1988 Act (application of Part 1 of that Act to Crown property)—

s. 18(a)

in subsection (1), for “subsection (2)” substitute “subsections (1A) and (2)”;

s. 18(b)

after subsection (1) insert—

s. 19 — Guarantor not liable for rent payable after tenant’s death

In the 1988 Act, after section 16M (inserted by section 17 of this Act) insert—

s. 20 — Notices to quit by tenants under assured tenancies: timing

s. 20(1)

Section 5 of the Protection from Eviction Act 1977 (notices to quit) is amended as follows.

s. 20(2)

In subsection (1), for paragraph (b) substitute—

s. 20(3)

After subsection (1) insert—

s. 21 — Notices to quit by tenants under assured tenancies: other

After section 5 of the Protection from Eviction Act 1977 insert—

s. 22 — Limitation on obligation to pay removal expenses

s. 22(1)

Section 11 of the 1988 Act (payment of removal expenses) is amended as follows.

s. 22(2)

In the heading, after “expenses” insert “by social landlords”.

s. 22(3)

Before subsection (1) insert—

s. 22(4)

In subsection (1), for “a dwelling-house let on an assured tenancy on Ground 6 or Ground 9” substitute “the dwelling-house on Ground 6, 6A or 9”.

s. 22(5)

After subsection (1) insert—

s. 22(6)

In subsection (2), after “(1)” insert “or (1A)”.

s. 22(7)

After subsection (3) insert—

s. 23 — Assured agricultural occupancies: grounds for possession

In section 25 of the 1988 Act (security of tenure in relation to assured agricultural occupancies)—

s. 23(a)

omit subsection (1);

s. 23(b)

in subsection (2)—

s. 23(b)(i)

for “Part II” substitute “Part 1”;

s. 23(b)(ii)

for “Ground 16” substitute “Grounds 2ZA to 2ZD, 5A and 5C”.

s. 24 — Assured agricultural occupancies: opting out etc

s. 24(1)

The 1988 Act is amended as follows.

s. 24(2)

In section 24 (assured agricultural occupancies), after subsection (1) insert—

s. 24(3)

In subsection (2)(a) of that section omit “which is not an assured shorthold tenancy”.

s. 24(4)

In subsection (3) of that section, for “shall be treated as if it were such a tenancy” substitute “, and every opted-out tenancy, is to be treated as if it were an assured tenancy”.

s. 24(5)

After that section insert—

s. 25 — Accommodation for homeless people: duties of local authority

s. 25(1)

The Housing Act 1996 is amended as follows.

s. 25(2)

In section 193 (duty to persons with priority need who are not homeless intentionally)—

s. 25(2)(a)

in subsection (1A), omit paragraph (b) (exception for notice of refusal to co-operate) and the “or” before it;

s. 25(2)(b)

in subsection (6) omit paragraph (cc);

s. 25(2)(c)

in subsection (7AB) omit paragraph (c) and the “and” before it;

s. 25(2)(d)

in subsection (7AC)—

s. 25(2)(d)(i)

in paragraph (a) omit “shorthold”;

s. 25(2)(d)(ii)

at the end of paragraph (a) insert “and”;

s. 25(2)(d)(iii)

omit paragraph (c) and the “and” before it.

s. 25(3)

In section 193C (consequences of deliberate and unreasonable refusal to co-operate) omit subsections (3) to (10) (homelessness relief duty).

s. 25(4)

Omit section 195A (duty to offer accommodation following re-application after private sector offer).

s. 26 — Tenancy deposit requirements

s. 26(1)

Chapter 4 of Part 6 of the Housing Act 2004 (tenancy deposit schemes) is amended as follows.

s. 26(2)

In section 212—

s. 26(2)(a)

in subsection (1), for “shorthold” substitute “assured”;

s. 26(2)(b)

in subsection (2), for “shorthold” substitute “assured”;

s. 26(2)(c)

in subsection (8)—

s. 26(2)(c)(i)

at the appropriate place insert—

s. 26(2)(c)(ii)

omit the definition of “shorthold tenancy”;

s. 26(2)(c)(iii)

in the definition of “tenancy deposit”, for “a shorthold” substitute “an assured”;

s. 26(2)(d)

in subsection (9), in paragraph (a), for “shorthold” substitute “assured”.

s. 26(3)

In section 213, in each place it occurs, for “a shorthold” substitute “an assured”.

s. 26(4)

In section 214—

s. 26(4)(a)

in subsection (1)—

s. 26(4)(a)(i)

for “a shorthold” substitute “an assured”;

s. 26(4)(a)(ii)

omit “on or after 6 April 2007”;

s. 26(4)(b)

after subsection (1) insert— ;

s. 26(4)(c)

in subsection (5), for “a shorthold” substitute “an assured”.

s. 26(5)

For section 215 substitute—

s. 26(6)

Omit section 215A.

s. 26(7)

In section 215B—

s. 26(7)(a)

in the title, for “Shorthold” substitute “Assured”;

s. 26(7)(b)

in subsection (1)—

s. 26(7)(b)(i)

in paragraph (a) for “a shorthold” substitute “an assured”;

s. 26(7)(b)(ii)

in paragraph (d) for “shorthold” substitute “assured”.

s. 26(8)

Omit section 215C.

s. 26(9)

In Schedule 10—

s. 26(9)(a)

for “shorthold tenancies”, in each place it occurs, substitute “assured tenancies”;

s. 26(9)(b)

for “a shorthold tenancy”, in each place it occurs, substitute “an assured tenancy”.

s. 27 — Tenant fees

s. 27(1)

The Tenant Fees Act 2019 is amended as follows.

s. 27(2)

Omit section 17.

s. 27(3)

In section 28(1) (interpretation)—

s. 27(3)(a)

for the definition of “assured shorthold tenancy” substitute— ;

s. 27(3)(b)

omit the definition of “long lease”;

s. 27(3)(c)

in the definition of “tenancy”, for paragraph (a) substitute— .

s. 27(4)

In section 32 (Crown application), in subsection (3)(b), for “assured shorthold tenancy” substitute “assured tenancy”.

s. 27(5)

In Schedule 3 (financial penalties etc), in paragraph 12(3)(a), for “assured shorthold tenancy” substitute “assured tenancy”.

s. 28 — Liability of tenants under assured tenancies for council tax

In section 6(6) of the Local Government Finance Act 1992, in the definition of “material interest”—

s. 28(a)

for “or a” substitute “, a”;

s. 28(b)

after “more” insert “or a tenancy that is or was previously an assured tenancy within the meaning of the Housing Act 1988”.

s. 29 — Other amendments

Schedule 2 contains amendments relating to this Chapter.

s. 30 — Powers of Secretary of State in connection with Chapter 1

s. 30(1)

The Secretary of State may by regulations amend provision made by or under an Act passed before or later in the same session as this Act so that the provision has effect in relation to periodic assured tenancies in a manner that corresponds or is similar to the manner in which it had effect immediately before the commencement date in relation to—

s. 30(1)(a)

fixed term assured tenancies, or

s. 30(1)(b)

assured shorthold tenancies.

s. 30(2)

The Secretary of State may by regulations amend provision made by or under an Act passed before or later in the same session as this Act so that the provision has effect, in relation to a ground in Schedule 2 to the 1988 Act as amended by this Act, in a manner that corresponds or is similar to the manner in which it had effect immediately before the commencement date in relation to any ground in that Schedule.

s. 30(3)

The amendments that may be made under subsection (1)(b) include any to ensure that provision applying immediately before the commencement date in relation to notices under section 21 of the 1988 Act applies on and after that day, with or without modifications, in relation to notices under section 8 of that Act.

s. 30(4)

The transitional provision that may be included in regulations under subsection (1) or (2) by virtue of section 140(1)(a) includes provision for pre-application instruments which the Secretary of State considers do not (or will not) operate appropriately as a result of any provision of the regulations to—

s. 30(4)(a)

have effect with specified modifications, or

s. 30(4)(b)

cease to have effect (in whole or in part).

s. 30(5)

For the purposes of subsection (4)—

s. 30(5)(a)

“pre-application instrument” means an agreement or other instrument entered into—

s. 30(5)(a)(i)

before the regulations come into force, or

s. 30(5)(a)(ii)

when or after they come into force under a contract entered into before then or by the acceptance of an offer made before then;

s. 30(5)(b)

the circumstances in which the Secretary of State may consider that a pre-application instrument does not operate appropriately as a result of regulations under subsection (1) or (2) include (but are not limited to) those in which—

s. 30(5)(b)(i)

as a result of any provision of the regulations, provision made by the instrument is to any extent spent, obsolete, unnecessary or otherwise not of practical utility;

s. 30(5)(b)(ii)

as a result of any provision of the regulations, it is unclear what the effect is of provision made by the instrument;

s. 30(5)(b)(iii)

as a result of any provision of the regulations, a person may be placed in breach of obligations arising under the instrument or made subject to more burdensome obligations under the instrument;

s. 30(5)(b)(iv)

the instrument makes direct or indirect reference to any enactment as it had effect before being amended by the regulations.

s. 30(6)

Regulations made by virtue of subsection (4) must provide that they do not prevent—

s. 30(6)(a)

the variation or revocation of provision modified by the regulations, or

s. 30(6)(b)

the re-making of provision that has ceased to have effect as a result of the regulations.

s. 30(7)

Regulations made by virtue of subsection (4) may apply to an instrument as it has effect in relation to times before the coming into force of the regulations but after the commencement date.

s. 30(8)

Nothing in this Chapter limits the provision that may be made by regulations under this section.

s. 30(9)

Nothing in this section limits the provision that may be made in regulations under Part 5.

s. 30(10)

In this section— “assured shorthold tenancy” is to be read in accordance with Part 1 of the 1988 Act as it had effect immediately before the commencement date; “the commencement date” has the meaning given by section 146(3).

s. 31 — Long tenancies and financial services products

s. 31(1)

In Part 1 of Schedule 1 to the 1988 Act (tenancies which cannot be assured tenancies), after paragraph 3C insert—

s. 31(2)

In section 133 of the 1988 Act (consent required for certain subsequent disposals), in subsection (11)(f), for “4” substitute “3D”.

s. 31(3)

In the Landlord and Tenant Act 1985—

s. 31(3)(a)

in section 9B (leases to which section 9A of that Act applies), in subsection (1)(b)—

s. 31(3)(a)(i)

after “subsection (1A)” insert “, (1AA)”;

s. 31(3)(a)(ii)

for the words from “leases” to “more” substitute “certain leases to which section 11 applies”;

s. 31(3)(b)

in section 13 (leases to which section 11 of that Act applies: general rule)—

s. 31(3)(b)(i)

after subsection (1) insert— ;

s. 31(3)(b)(ii)

in subsection (1ZA), for “But in” substitute “In”;

s. 31(3)(b)(iii)

after subsection (1ZB) insert— ;

s. 31(3)(b)(iv)

in subsection (1A) omit paragraph (b) and the word “or” preceding it;

s. 31(3)(b)(v)

after subsection (1A) insert— ;

s. 31(3)(b)(vi)

in subsection (1B), for “In subsection (1A)” substitute “In this section”.

s. 31(4)

In paragraph 1 of Schedule 10 to the Local Government and Housing Act 1989 (security of tenure on ending of long residential tenancies), in sub-paragraph (1)(a) after “low rent” insert “and were not for a term of more than seven years”.

s. 31(5)

Where, immediately before the day on which this section comes into force, proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section of that Act have been commenced in relation to a tenancy and have not been concluded, or have not been commenced but have not become time-barred—

s. 31(5)(a)

the tenancy remains an assured tenancy, and the notice remains valid, until any time when such proceedings in reliance on the notice become time-barred or are concluded, and

s. 31(5)(b)

until that time the amendments made by subsections (1) and (4) do not apply in relation to the tenancy.

s. 31(6)

For the purposes of subsection (5), proceedings are “time-barred” after the time limit mentioned in section 8(3)(c) of the 1988 Act.

s. 32 — Accommodation for homeless people or students

s. 32(1)

In section 209 of the Housing Act 1996 (interim accommodation in relation to which an assured tenancy will not normally arise), in subsection (1), after “190,” insert “199A,”.

s. 32(2)

In Schedule 1 to the 1988 Act, paragraph 8 (lettings to students that are not assured tenancies) is amended as follows—

s. 32(2)(a)

for sub-paragraph (1) substitute— ;

s. 32(2)(b)

after sub-paragraph (2) insert— ;

s. 32(2)(c)

in sub-paragraph (3), for “the power conferred by sub-paragraph (2) above” substitute “a power conferred by this section”;

s. 32(2)(d)

after sub-paragraph (3) insert—

s. 33 — Discrimination relating to children

s. 33(1)

A relevant person must not, in relation to a dwelling that is to be let on an agreement which may give rise to a relevant tenancy—

s. 33(1)(a)

on the basis that a child would or may live with or visit a person at the dwelling if the dwelling were the person’s home, prevent the person from—

s. 33(1)(a)(i)

enquiring whether the dwelling is available for let,

s. 33(1)(a)(ii)

accessing information about the dwelling,

s. 33(1)(a)(iii)

viewing the dwelling in order to consider whether to seek to rent it, or

s. 33(1)(a)(iv)

entering into a tenancy of the dwelling, or

s. 33(1)(b)

apply a provision, criterion or practice in order to make people who would have a child live with or visit them at the dwelling, if it were their home, less likely to enter into a tenancy of the dwelling than people who would not.

s. 33(2)

Subsection (1) does not apply if—

s. 33(2)(a)

the relevant person can show that the conduct is a proportionate means of achieving a legitimate aim, or

s. 33(2)(b)

the relevant person can show that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance— and the conduct is a means of preventing the insured from breaching that term.

s. 33(2)(b)(i)

to which section 38 does not apply, and

s. 33(2)(b)(ii)

which contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a relevant tenancy from having a child live with or visit them at the dwelling or to restrict the circumstances in which such a tenant may have a child live with or visit them at the dwelling,

s. 33(3)

Conduct does not breach the prohibition in subsection (1) if it consists only of—

s. 33(3)(a)

one or more of the following things done by a person who does nothing in relation to the dwelling that is not mentioned in this paragraph—

s. 33(3)(a)(i)

publishing advertisements or disseminating information;

s. 33(3)(a)(ii)

providing a means by which a prospective landlord can communicate directly with a prospective tenant;

s. 33(3)(a)(iii)

providing a means by which a prospective tenant can communicate directly with a prospective landlord, or

s. 33(3)(b)

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.

s. 34 — Discrimination relating to benefits status

s. 34(1)

A relevant person must not, in relation to a dwelling that is to be let on an agreement which may give rise to a relevant tenancy—

s. 34(1)(a)

on the basis that a person is or may be a benefits claimant, prevent the person from—

s. 34(1)(a)(i)

enquiring whether the dwelling is available for let,

s. 34(1)(a)(ii)

accessing information about the dwelling,

s. 34(1)(a)(iii)

viewing the dwelling in order to consider whether to seek to rent it, or

s. 34(1)(a)(iv)

entering into a tenancy of the dwelling, or

s. 34(1)(b)

apply a provision, criterion or practice in order to make benefits claimants less likely to enter into a tenancy of the dwelling than people who are not benefits claimants.

s. 34(2)

Subsection (1) does not apply if the relevant person can show that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance— and the conduct is a means of preventing the insured from breaching that term.

s. 34(2)(a)

to which section 38 does not apply, and

s. 34(2)(b)

which contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a relevant tenancy from being a benefits claimant,

s. 34(3)

Conduct does not breach the prohibition in subsection (1) if it consists only of—

s. 34(3)(a)

one or more of the following things done by a person who does nothing in relation to the dwelling that is not mentioned in this paragraph—

s. 34(3)(a)(i)

publishing advertisements or disseminating information;

s. 34(3)(a)(ii)

providing a means by which a prospective landlord can communicate directly with a prospective tenant;

s. 34(3)(a)(iii)

providing a means by which a prospective tenant can communicate directly with a prospective landlord, or

s. 34(3)(b)

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.

s. 35 — Discriminatory terms in a tenancy relating to children or benefits status

s. 35(1)

A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from having a child live with or visit them at the dwelling or restricting the circumstances in which the tenant may have a child do so.

s. 35(2)

Subsection (1) does not apply if—

s. 35(2)(a)

the provision is a proportionate means of achieving a legitimate aim, or

s. 35(2)(b)

the landlord or a superior landlord is insured under a contract of insurance— and the provision in the tenancy is a means of preventing the insured from breaching that term.

s. 35(2)(b)(i)

to which section 38 does not apply, and

s. 35(2)(b)(ii)

which contains a term which makes provision (however expressed) requiring the insured to prohibit the tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit them at the dwelling,

s. 35(3)

A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from being a benefits claimant.

s. 35(4)

Subsection (3) does not apply if the landlord or a superior landlord is insured under a contract of insurance— and the provision in the tenancy is a means of preventing the insured from breaching that term.

s. 35(4)(a)

to which section 38 does not apply, and

s. 35(4)(b)

which contains a term which makes provision (however expressed) requiring the insured to prohibit the tenant from being a benefits claimant,

s. 36 — Terms in superior leases relating to children or benefits status

s. 36(1)

A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to—

s. 36(1)(a)

prohibit a sub-tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or

s. 36(1)(b)

restrict the circumstances in which a sub-tenant under a relevant tenancy or regulated tenancy may have a child live with or visit them at the dwelling.

s. 36(2)

Subsection (1) does not apply if—

s. 36(2)(a)

the provision is a proportionate means of achieving a legitimate aim, or

s. 36(2)(b)

the landlord under the lease or a superior landlord is insured under a contract of insurance— and the provision in the lease is a means of preventing the insured from breaching that term.

s. 36(2)(b)(i)

to which section 38 does not apply, and

s. 36(2)(b)(ii)

which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which a sub-tenant may have a child live with or visit them at the dwelling,

s. 36(3)

A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to prohibit a sub-tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.

s. 36(4)

Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance— and the provision in the lease is a means of preventing the insured from breaching that term.

s. 36(4)(a)

to which section 38 does not apply, and

s. 36(4)(b)

which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from being a benefits claimant,

s. 36(5)

For the purposes of this section, the terms of a lease include—

s. 36(5)(a)

the terms of any agreement relating to the lease, and

s. 36(5)(b)

any document or communication from the landlord that gives or refuses consent for sub-letting under the lease to a category or description of person.

s. 37 — Terms in mortgages relating to children or benefits status

s. 37(1)

A term of a mortgage of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring the mortgagor to—

s. 37(1)(a)

prohibit a tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or

s. 37(1)(b)

restrict the circumstances in which a tenant under a relevant tenancy or regulated tenancy may have a child live with or visit them at the dwelling.

s. 37(2)

A term of a mortgage of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a mortgagor to prohibit a tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.

s. 38 — Terms in insurance contracts relating to children or benefits status

s. 38(1)

A term of a contract of insurance to which this section applies is of no effect so far as the term makes provision (however expressed) requiring the insured to—

s. 38(1)(a)

prohibit a tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or

s. 38(1)(b)

restrict the circumstances in which a tenant under a relevant tenancy or a regulated tenancy may have a child live with or visit them at the dwelling.

s. 38(2)

A term of a contract of insurance to which this section applies is of no effect so far as the term makes provision (however expressed) requiring the insured to prohibit a tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.

s. 38(3)

This section applies to contracts of insurance which were entered into or whose duration was extended on or after the day on which this section comes into force.

s. 39 — Power of the Secretary of State to protect others

s. 39(1)

If the Secretary of State is satisfied that— the Secretary of State may make regulations prohibiting that discriminatory rental practice.

s. 39(1)(a)

a discriminatory rental practice exists in relation to dwellings that are to be let on agreements which may give rise to relevant tenancies (“relevant rental dwellings”), and

s. 39(1)(b)

because of that discriminatory rental practice, the victims of that practice are significantly less likely to enter into relevant tenancies of dwellings than other people,

s. 39(2)

A “discriminatory rental practice” exists in relation to relevant rental dwellings if some or all relevant persons—

s. 39(2)(a)

on the basis that people are members of a particular group, prevent those people from—

s. 39(2)(a)(i)

enquiring whether relevant rental dwellings are available for let,

s. 39(2)(a)(ii)

accessing information about relevant rental dwellings,

s. 39(2)(a)(iii)

viewing relevant rental dwellings in order to consider whether to seek to rent them, or

s. 39(2)(a)(iv)

entering into tenancies of relevant rental dwellings, or

s. 39(2)(b)

apply a provision, criterion or practice in order to make a particular group of people less likely to enter into tenancies of relevant rental dwellings than people not in that group.

s. 39(3)

The “victims” of a discriminatory rental practice are—

s. 39(3)(a)

where a particular group of people are prevented from doing the things mentioned in subsection (2)(a), the people in that group;

s. 39(3)(b)

where a provision, criterion or practice is applied in order to make a particular group of people less likely to enter into tenancies as mentioned in subsection (2)(b), the people in that group.

s. 39(4)

Regulations “prohibiting” a discriminatory rental practice are regulations relating to— which make provision corresponding to the other anti-discrimination legislation in this Chapter

s. 39(4)(a)

the discriminatory rental practice, and

s. 39(4)(b)

the persons who are the victims of it,

s. 39(5)

The “other anti-discrimination legislation in this Chapter” is— but regulations under this section may make provision corresponding to the provision that may be made under section 33(3)(b) or 34(3)(b).

s. 39(5)(a)

sections 33 and 34, except for sections 33(3)(b) and 34(3)(b), and

s. 39(5)(b)

sections 35 to 38;

s. 39(6)

Before making regulations prohibiting a discriminatory rental practice, the Secretary of State must consult such of the following persons as the Secretary of State considers appropriate—

s. 39(6)(a)

victims of the discriminatory rental practice or one or more representatives of such persons;

s. 39(6)(b)

landlords and prospective landlords under relevant tenancies or one or more representatives of such persons;

s. 39(6)(c)

landlords under regulated tenancies or one or more representatives of such persons;

s. 39(6)(d)

other landlords and prospective landlords under leases of premises that consist of or include a dwelling or one or more representatives of such persons;

s. 39(6)(e)

mortgagees of dwellings or one or more representatives of such persons;

s. 39(6)(f)

insurers of dwellings or one or more representatives of such persons;

s. 39(6)(g)

local housing authorities or one or more representatives of local housing authorities.

s. 39(7)

For that purpose a “representative” of persons of a particular kind, or of local housing authorities, is a body or other person which appears to the Secretary of State to represent the interests of persons of that kind, or of local housing authorities.

s. 40 — Financial penalties for breach of anti-discrimination provisions

s. 40(1)

A local housing authority may impose a financial penalty under this subsection on a person if satisfied on the balance of probabilities that the person has breached a requirement imposed by—

s. 40(1)(a)

section 33 or 34, or

s. 40(1)(b)

provision in regulations made under section 39.

s. 40(2)

More than one financial penalty may be imposed under subsection (1) on the same person in respect of the same conduct only if—

s. 40(2)(a)

the conduct continues after the end of 28 days beginning with the day after that on which the previous penalty in respect of the conduct was imposed on the person, unless the person appeals against the decision to impose the penalty within that period, or

s. 40(2)(b)

if the person appeals against the decision to impose the penalty within that period, the conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.

s. 40(3)

Where a person applies a single provision, criterion or practice on more than one occasion in relation to the same dwelling, each application of that provision, criterion or practice is to be treated as the same conduct for the purposes of subsection (2).

s. 40(4)

If— then the local housing authority may impose an additional financial penalty under this subsection on that person.

s. 40(4)(a)

the local housing authority imposes a financial penalty under subsection (1) on a person, and

s. 40(4)(b)

within the period of five years ending with the date on which that penalty was imposed, a previous financial penalty under subsection (1) was imposed on that person in relation to a breach of the same section or provision in regulations made under section 39,

s. 40(5)

The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £7,000.

s. 40(6)

Neither subsection (2) nor subsection (4) enables a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

s. 40(7)

Where— the local housing authority may impose a financial penalty under that subsection on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it.

s. 40(7)(a)

a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and

s. 40(7)(b)

the breaches in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others,

s. 40(8)

The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.

s. 40(9)

Local housing authorities must have regard to any guidance issued under subsection (8).

s. 40(10)

The Secretary of State may by regulations amend the amount specified in subsection (5) to reflect changes in the value of money.

s. 40(11)

For the purposes of this section—

s. 40(11)(a)

a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and

s. 40(11)(b)

“final notice” has the meaning given by paragraph 6 of Schedule 5.

s. 41 — No prohibition on taking income into account

Nothing in this Chapter prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under a relevant tenancy.

s. 42 — Interpretation of Chapter 3

s. 42(1)

In this Chapter— “benefits claimant” means a person who— is entitled to payments (including payments made directly to a landlord) under or by virtue of the Social Security Contributions and Benefits Act 1992 or the Welfare Reform Act 2012, or would be so entitled were a relevant tenancy to be granted to the person, is entitled to payments (including payments made directly to a landlord) under or by virtue of the Jobseekers Act 1995, the State Pension Credit Act 2002, the Tax Credits Act 2002, the Welfare Reform Act 2007 or the Pensions Act 2014, is in receipt of a reduction in the amount of council tax payable in respect of the person’s current home under a scheme made by a billing authority under or by virtue of section 13A of the Local Government Finance Act 1992, or would be entitled to a reduction in the amount of council tax payable in respect of the dwelling in question under a scheme made by the billing authority in whose area the dwelling is situated under or by virtue of section 13A of the Local Government Finance Act 1992, if the person were to— rent the dwelling on a relevant tenancy, and if an application is a precondition of entitlement, apply to the billing authority for a reduction under the scheme; “child” means a person under the age of 18; “dwelling” means a “dwelling-house” within the meaning of Part 1 of the 1988 Act (see section 45 of that Act) in England; “prospective landlord” means a person who proposes to let a dwelling on an agreement which may give rise to a relevant tenancy; “prospective tenant” means a person seeking to find a dwelling to rent; “regulated tenancy” has the same meaning as in the Rent Act 1977 (see section 18 of that Act); “relevant person”, in relation to a relevant tenancy, means— the prospective landlord; 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.

s. 42(2)

In this Chapter a reference to doing something on the basis of particular facts includes reference to doing it on the basis of a belief in those facts.

s. 43 — Discrimination relating to children or benefits status: Welsh language

s. 43(1)

The Welsh language text of the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) is amended as follows.

s. 43(2)

In section 1, after subsection (2), insert—

s. 43(3)

After section 8 insert—

s. 43(4)

In section 10(4)—

s. 43(4)(a)

after the opening words insert—;

s. 43(4)(b)

paragraphs (a) to (c) become paragraphs (i) to (iii) of paragraph (zb).

s. 43(5)

After section 10(4) insert—

s. 43(6)

In section 13(1) after “3” insert “neu Ran 2A o’r Ddeddf hon neu o dan reoliadau o dan adran 47 neu 48 o Ddeddf Hawliau Rhentwyr 2025”.

s. 43(7)

In section 17—

s. 43(7)(a)

after subsection (3) insert—;

s. 43(7)(b)

in subsection (4) the words from “ystyr” to the end become a definition;

s. 43(7)(c)

at the end of subsection (4) insert—

s. 43(8)

In section 27(3) after “adran 7,” insert “adran 8C,”.

s. 44 — Discrimination relating to children or benefits status: English language

s. 44(1)

The English language text of the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) is amended as follows.

s. 44(2)

In section 1, after subsection (2), insert—

s. 44(3)

After section 8 insert—

s. 44(4)

In section 10(4)—

s. 44(4)(a)

after the opening words insert—;

s. 44(4)(b)

paragraphs (a) to (c) become paragraphs (i) to (iii) of paragraph (zb).

s. 44(5)

After section 10(4) insert—

s. 44(6)

In section 13(1) after “3” insert “or Part 2A of this Act or under regulations under section 47 or 48 of the Renters’ Rights Act 2025”.

s. 44(7)

In section 17—

s. 44(7)(a)

after subsection (3) insert—;

s. 44(7)(b)

in subsection (4) the words from ““licensing” to the end become a definition;

s. 44(7)(c)

at the end of subsection (4) insert—

s. 44(8)

In section 27(3) after “section 7,” insert “section 8C,”.

s. 45 — Amendment of short title of Renting Homes (Fees etc.) (Wales) Act 2019

s. 45(1)

Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 may be cited as Deddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019.

s. 45(2)

The Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) may be cited as the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.

s. 45(3)

In the Welsh language text of the following provisions, for “Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019” substitute “Deddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019”—

s. 45(3)(a)

section 41(2A) of the Housing (Wales) Act 2014 (anaw 7);

s. 45(3)(b)

in Schedule 9A to the Renting Homes (Wales) Act 2016 (anaw 1)—

s. 45(3)(b)(i)

the italic heading before paragraph 5;

s. 45(3)(b)(ii)

paragraph 5(1)(a);

s. 45(3)(b)(iii)

paragraph 5(2)(a);

s. 45(3)(c)

in regulation 2 of the Renting Homes (Rent Determination) (Converted Contracts) (Wales) Regulations 2022 (S.I. 2022/781 (W. 170)), paragraph (b) of the definition of “rhent”;

s. 45(3)(d)

in Schedule 2 to the Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022 (S.I. 2022/28 (W. 13)), in Part 3 of the model written statement, in term 68—

s. 45(3)(d)(i)

the heading;

s. 45(3)(d)(ii)

paragraphs (1)(a) and (2)(a).

s. 45(4)

In the English language text of the following provisions, for “Renting Homes (Fees etc.) (Wales) Act 2019” substitute “Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019”—

s. 45(4)(a)

section 41(2A) of the Housing (Wales) Act 2014;

s. 45(4)(b)

in Schedule 9A to the Renting Homes (Wales) Act 2016—

s. 45(4)(b)(i)

the italic heading before paragraph 5;

s. 45(4)(b)(ii)

paragraph 5(1)(a);

s. 45(4)(b)(iii)

paragraph 5(2)(a);

s. 45(4)(c)

in regulation 2 of the Renting Homes (Rent Determination) (Converted Contracts) (Wales) Regulations 2022, paragraph (b) of the definition of “rent”;

s. 45(4)(d)

in Schedule 2 to the Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022, in Part 3 of the model written statement, in term 68—

s. 45(4)(d)(i)

the heading;

s. 45(4)(d)(ii)

paragraphs (1)(a) and (2)(a).

s. 45(5)

In section 31 of the Renting Homes (Fees etc.) (Wales) Act 2019—

s. 45(5)(a)

in the Welsh language text after “Ffioedd” insert “, Gwahaniaethu”;

s. 45(5)(b)

in the English language text after “Fees” insert “, Discrimination”.

s. 46 — Amendments of Renting Homes (Wales) Act 2016 regarding discrimination

s. 46(1)

The Welsh language text of the Renting Homes (Wales) Act 2016 (anaw 1) is amended as follows.

s. 46(2)

In section 30, after paragraph (d) insert—.

s. 46(3)

After section 54 insert—

s. 46(4)

In Schedule 1 (overview of fundamental provisions incorporated as terms of occupation contracts), in Table 3 in Part 1, Table 4 in Part 2 and Table 5 in Part 3, at the appropriate place in each insert—.

s. 46(5)

The English language text of the Renting Homes (Wales) Act 2016 (anaw 1) is amended as follows.

s. 46(6)

In section 30, after paragraph (d) insert—.

s. 46(7)

After section 54 insert—

s. 46(8)

In Schedule 1 (overview of fundamental provisions incorporated as terms of occupation contracts), in Table 3 in Part 1, Table 4 in Part 2 and Table 5 in Part 3, at the appropriate place in each insert—.

s. 47 — Power of Welsh Ministers to protect others

s. 47(1)

If the Welsh Ministers are satisfied that—the Welsh Ministers may make regulations prohibiting that discriminatory rental practice.

s. 47(1)(a)

a discriminatory rental practice exists in relation to dwellings that may be the subject of occupation contracts (“relevant rental dwellings”), and

s. 47(1)(b)

because of that discriminatory rental practice, the victims of that practice are significantly less likely to obtain the grant, renewal or continuance of occupation contracts than other people,

s. 47(2)

A “discriminatory rental practice” exists in relation to relevant rental dwellings if some or all relevant persons—

s. 47(2)(a)

on the basis that people are members of a particular group, prevent those people from—

s. 47(2)(a)(i)

enquiring whether relevant rental dwellings are available for rent,

s. 47(2)(a)(ii)

accessing information about relevant rental dwellings,

s. 47(2)(a)(iii)

viewing relevant rental dwellings in order to consider whether to seek to rent them, or

s. 47(2)(a)(iv)

obtaining the grant, renewal or continuance of occupation contracts in respect of relevant rental dwellings, or

s. 47(2)(b)

apply a provision, criterion or practice in order to make a particular group of people less likely to obtain the grant, renewal or continuance of occupation contracts of relevant rental dwellings than people not in that group.

s. 47(3)

The “victims” of a discriminatory rental practice are—

s. 47(3)(a)

where a particular group of people are prevented from doing the things mentioned in subsection (2)(a), the people in that group;

s. 47(3)(b)

where a provision, criterion or practice is applied in order to make a particular group of people less likely to obtain the grant, renewal or continuance of occupation contracts as mentioned in subsection (2)(b), the people in that group.

s. 47(4)

Regulations “prohibiting” a discriminatory rental practice are regulations relating to—which make provision corresponding to the relevant anti-discrimination legislation.

s. 47(4)(a)

the discriminatory rental practice, and

s. 47(4)(b)

the persons who are the victims of it,

s. 47(5)

The relevant anti-discrimination legislation is—but regulations under this section may make provision corresponding to the provision that may be made under section 8C(b) of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.

s. 47(5)(a)

Part 2A of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019, except for section 8C(b), and

s. 47(5)(b)

Chapter 6A of Part 3 of the Renting Homes (Wales) Act 2016;

s. 47(6)

Before making regulations prohibiting a discriminatory rental practice, the Welsh Ministers must consult such of the following persons as the Welsh Ministers consider appropriate—

s. 47(6)(a)

victims of the discriminatory rental practice or one or more representatives of such persons;

s. 47(6)(b)

landlords and prospective landlords under occupation contracts or one or more representatives of such persons;

s. 47(6)(c)

other landlords and prospective landlords under leases of premises that consist of or include a dwelling or one or more representatives of such persons;

s. 47(6)(d)

mortgagees of dwellings or one or more representatives of such persons;

s. 47(6)(e)

insurers of dwellings or one or more representatives of such persons;

s. 47(6)(f)

local housing authorities or one or more representatives of local housing authorities.

s. 47(7)

For that purpose a “representative” of persons of a particular kind, or of local housing authorities, is a body or other person which appears to the Welsh Ministers to represent the interests of persons of that kind, or of local housing authorities.

s. 47(8)

Regulations under this section may amend, repeal or revoke provision made from time to time by or under the relevant anti-discrimination legislation.

s. 47(9)

In this section—“benefits claimant” has the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019;“local housing authority” means the council for a county or county borough in Wales;“occupation contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act);“relevant person” has the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.

s. 48 — Power of Secretary of State to protect others

The Secretary of State may by regulations make provision that the Welsh Ministers could make under section 47 but for the limitation in section 49.

s. 49 — Regulations

Regulations under section 8C of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 (as inserted by this Act) or section 47 of this Act may only make provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.

s. 50 — Discrimination relating to children or benefits status

s. 50(1)

The Private Housing (Tenancies) (Scotland) Act 2016 (asp 19) is amended in accordance with subsections (2) to (4).

s. 50(2)

After section 6 insert—

s. 50(3)

Before section 76, insert—

s. 50(4)

In section 77 (regulation-making powers), in subsection (4), after “sections” insert “6A(3)(b), 6B(3)(b),”.

s. 50(5)

The Housing (Scotland) Act 1988 is amended in accordance with subsection (6).

s. 50(6)

After section 26 insert—

s. 50(7)

The Rent (Scotland) Act 1984 is amended in accordance with subsection (8).

s. 50(8)

After section 101 insert—

s. 51 — Terms in standard securities relating to children or benefits status

s. 51(1)

A term of a standard security over land that consists of or includes a dwelling is of no effect so far as the term makes provision (however expressed) requiring the debtor in the standard security to—

s. 51(1)(a)

prohibit a tenant under a relevant tenancy from having a child live with or visit the tenant at the dwelling, or

s. 51(1)(b)

restrict the circumstances in which a tenant under a relevant tenancy may have a child live with or visit the tenant at the dwelling.

s. 51(2)

A term of a standard security over land that consists of or includes a dwelling is of no effect so far as the term makes provision (however expressed) requiring the debtor in the standard security to prohibit a benefits claimant from being a tenant under a relevant tenancy.

s. 52 — Terms in insurance contracts relating to children or benefits status

s. 52(1)

A term of a contract of insurance to which this section applies is of no effect so far as the term makes provision (however expressed) requiring the insured to—

s. 52(1)(a)

prohibit a tenant under a relevant tenancy from having a child live with or visit the tenant at the dwelling which forms the subject of the tenancy, or

s. 52(1)(b)

restrict the circumstances in which a tenant under a relevant tenancy may have a child live with or visit the tenant at the dwelling.

s. 52(2)

A term of a contract of insurance to which this section applies is of no effect so far as the term makes provision (however expressed) requiring the insured to prohibit a benefits claimant from being a tenant under a relevant tenancy.

s. 52(3)

This section applies to contracts of insurance which are entered into or whose duration is extended on or after the day on which this section comes into force.

s. 53 — Power of Scottish Ministers to protect others

s. 53(1)

The Scottish Ministers may by regulations make provision about relevant tenancies, corresponding to the provision made by this Chapter in relation to persons who would have a child live with or visit them or persons who are benefits claimants, in relation to persons of another description.

s. 53(2)

Before making regulations under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate.

s. 53(3)

Regulations under subsection (1)—

s. 53(3)(a)

may amend, repeal or revoke provision made by or under— whenever passed or made;

s. 53(3)(a)(i)

an Act of the Scottish Parliament,

s. 53(3)(a)(ii)

an Act (including this Act),

s. 53(3)(b)

may only make provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.

s. 54 — Power of Secretary of State to protect others

The Secretary of State may by regulations make provision that the Scottish Ministers could make under section 53(1) but for the limitation in section 53(3)(b).

s. 55 — Interpretation of Chapter 5

In this Chapter— “benefits claimant” means a person who— is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation or would be so entitled were the person to become a tenant under a private residential tenancy, or is entitled, or would (on application or otherwise), if the person were to rent the property, be entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a); “benefits and welfare legislation” means— the Social Security Contributions and Benefits Act 1992; the Jobseekers Act 1995; the State Pension Credit Act 2002; the Tax Credits Act 2002; the Welfare Reform Act 2007; the Welfare Reform Act 2012; the Pensions Act 2014; the Social Security (Scotland) Act 2018 (asp 9); “child” means a person under the age of 18; “relevant tenancy” means— a private residential tenancy under the Private Housing (Tenancies) (Scotland) Act 2016 (asp 19); an assured tenancy under the Housing (Scotland) Act 1988; a protected or statutory tenancy under the Rent (Scotland) Act 1984; “tenant” includes sub-tenant.

s. 56 — Requirement to state rent and to avoid rental bidding

s. 56(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.

s. 56(2)

A relevant person must not advertise in writing, or otherwise offer in writing, the proposed letting unless—

s. 56(2)(a)

the rent that is to be payable under the letting is a specific amount (the “proposed rent”), and

s. 56(2)(b)

the advertisement or offer states the proposed rent.

s. 56(3)

A relevant person must not—

s. 56(3)(a)

invite or encourage any person to offer to pay an amount of rent under the proposed letting that exceeds the stated rent, or

s. 56(3)(b)

accept an offer from any person to pay an amount of rent under the proposed letting that exceeds the stated rent.

s. 56(4)

For the purposes of subsection (3)(a) or (b), the “stated rent” is the proposed rent which is stated— in any written advertisement for, or written offer of, the proposed letting.

s. 56(4)(a)

by the relevant person who is inviting or encouraging, or accepting, the offer of rent, or

s. 56(4)(b)

by any other relevant person,

s. 56(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.

s. 56(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.

s. 57 — Financial penalties

s. 57(1)

A local housing authority may impose a financial penalty under this subsection on a person if satisfied on the balance of probabilities that the person has breached the prohibition imposed by section 56(2) or (3).

s. 57(2)

If— then the local housing authority may impose an additional financial penalty under this subsection on that person.

s. 57(2)(a)

the local housing authority imposes a financial penalty under subsection (1) on a person, and

s. 57(2)(b)

within the period of five years ending with the date on which that penalty was imposed, a previous financial penalty under subsection (1) was imposed on that person in relation to a breach of the same subsection of section 56,

s. 57(3)

The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £7,000.

s. 57(4)

Subsection (2) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

s. 57(5)

Where— the local housing authority may impose a financial penalty under that subsection on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it.

s. 57(5)(a)

a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and

s. 57(5)(b)

the breaches in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others,

s. 57(6)

The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.

s. 57(7)

Local housing authorities must have regard to any guidance issued under subsection (6).

s. 57(8)

The Secretary of State may by regulations amend the amount specified in subsection (3) to reflect changes in the value of money.

s. 57(9)

For the purposes of this section—

s. 57(9)(a)

a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and

s. 57(9)(b)

“final notice” has the meaning given by paragraph 6 of Schedule 5.

s. 58 — Penalties for unlawful eviction or harassment of occupier

s. 58(1)

The Protection from Eviction Act 1977 is amended as follows.

s. 58(2)

In section 1, after subsection (6) insert—

s. 58(3)

After section 1 insert—

s. 58(4)

Before Schedule 1 insert—

s. 59 — Abandoned premises under assured shorthold tenancies

In the Housing and Planning Act 2016, omit Part 3 (recovering abandoned premises under assured shorthold tenancies).

s. 60 — Remedying of hazards occurring in dwelling-houses in England

s. 60(1)

The Landlord and Tenant Act 1985 is amended as follows.

s. 60(2)

In section 10A (remedying of hazards occurring in dwellings let on social housing leases)—

s. 60(2)(a)

in the heading, for “dwellings let on relevant social housing leases” substitute “dwelling-houses in England”;

s. 60(2)(b)

for subsection (1) substitute— ;

s. 60(2)(c)

in subsection (3), for “dwelling” substitute “dwelling-house”;

s. 60(2)(d)

after subsection (5) insert— ;

s. 60(2)(e)

omit subsection (6);

s. 60(2)(f)

in subsection (7)—

s. 60(2)(f)(i)

for the definitions of “lease”, “lessor” and “lessee” substitute— ;

s. 60(2)(f)(ii)

omit the definitions of “low cost home ownership accommodation” and “social housing”.

s. 60(3)

In section 10B (regulations under section 10A: supplementary provision)—

s. 60(3)(a)

in subsection (1)(a), for the words from “42” to “2023” substitute “60 of the Renters’ Rights Act 2025”;

s. 60(3)(b)

in subsection (3)(b)(i), for “dwelling” substitute “dwelling-house”;

s. 60(3)(c)

for subsection (4)(a) substitute— ;

s. 60(3)(d)

omit subsection (6).

s. 60(4)

In section 39 (index of defined expressions), for the entry for “dwelling-house” substitute— .

s. 61 — Remedying of hazards occurring in accommodation in England occupied under licence

s. 61(1)

After section 10B of the Landlord and Tenant Act 1985 insert—

s. 61(2)

Until section 100(3) (decent homes standard) comes into force, the definition of “residential premises” in section 1(4) of the Housing Act 2004 has effect for the purposes of section 10C and 10D of the Landlord and Tenant Act 1985 as if it were amended in accordance with section 100(3).

s. 62 — Student accommodation that is not an HMO

s. 62(1)

Schedule 14 to the Housing Act 2004 (buildings which are not HMOs) is amended in accordance with subsections (2) and (4).

s. 62(2)

After paragraph 3 insert—

s. 62(3)

Any regulations made by the Secretary of State under paragraph 4 of Schedule 14 to the Housing Act 2004 before the coming into force of this section are to continue to have effect on and after the coming into force of this section as if made under paragraph 3A of that Schedule (inserted by this section).

s. 62(4)

In paragraph 4 (buildings occupied by students)—

s. 62(4)(a)

in the heading, after “students” insert “: Wales”;

s. 62(4)(b)

in sub-paragraph (1), in the words before paragraph (a), after “building” insert “in Wales”.

s. 62(4)(c)

in sub-paragraph (2), for “appropriate national authority” substitute “Welsh Ministers”.

s. 62(4)(d)

in sub-paragraph (3), for “appropriate national authority” substitute “Welsh Ministers”.

s. 62(4)(e)

in sub-paragraph (4)—

s. 62(4)(e)(i)

in the words before paragraph (a), for “appropriate national authority may have regard to the extent to which, in its opinion” substitute “Welsh Ministers may have regard to the extent to which, in their opinion”;

s. 62(4)(e)(ii)

in paragraph (a), for “authority” substitute “Welsh Ministers”.

s. 62(5)

In consequence of the other amendments made by this section—

s. 62(5)(a)

in paragraph 16E(3) of Schedule 2 to the Finance Act 2019 (inserted by Schedule 1 to the Finance Act 2025) (meaning of “institutional building”), in paragraph (i)(i) and (ii) (buildings occupied by students), for “paragraph 4” substitute “paragraph 3A or 4”;

s. 62(5)(b)

in the Capital Allowances Act 2001, in section 270CF (exclusion from qualifying use: residential use), in subsection (1)(b), for “paragraph 4” substitute “paragraph 3A or 4”.

s. 62(6)

Any regulations made by the Treasury under paragraph 16E(3)(i)(ii) of Schedule 2 to the Finance Act 2019 before the coming into force of this section which designate provision as provision corresponding to paragraph 4 of Schedule 14 to the Housing Act 2004 are to continue to have effect on and after the coming into force of this section as if they designated the provision as provision corresponding to paragraph 3A or 4 of that Schedule.

Part 2

Residential landlords

s. 63 — Meaning of “residential landlord”

s. 63(1)

In this Part— “residential landlord” means the landlord under a relevant tenancy of a dwelling in England that is not social housing; “residential tenancy” and “residential tenant” are to be read accordingly.

s. 63(2)

In subsection (1)— “dwelling” means a building or part of a building which is occupied or intended to be occupied as a separate dwelling; “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.

s. 63(3)

In this section, “relevant tenancy” means—

s. 63(3)(a)

an assured tenancy within the meaning of the 1988 Act, or

s. 63(3)(b)

a regulated tenancy within the meaning of the Rent Act 1977.

s. 63(4)

The Secretary of State may by regulations amend this Chapter so as to—

s. 63(4)(a)

change the meaning of “residential landlord” in relation to a relevant tenancy—

s. 63(4)(a)(i)

so that, in addition to or instead of the landlord under the relevant tenancy, it includes any or all superior landlords in relation to that tenancy, or

s. 63(4)(a)(ii)

so that it does not include superior landlords added by virtue of this paragraph;

s. 63(4)(b)

change the meaning of “relevant tenancy” so as to add or remove a particular kind of—

s. 63(4)(b)(i)

tenancy of a dwelling that is periodic or granted for a term of less than 21 years, or

s. 63(4)(b)(ii)

licence to occupy a dwelling;

s. 63(4)(c)

change the meaning of “dwelling”—

s. 63(4)(c)(i)

so that, in addition to a building or part of a building, it includes any other structure, vehicle or vessel,

s. 63(4)(c)(ii)

so that it includes a building or part of a building, and anything for the time being included in the meaning of “dwelling” by virtue of sub-paragraph (i), which is occupied or intended to be occupied as a dwelling that is not a separate dwelling, or

s. 63(4)(c)(iii)

so that it does not include anything added by virtue of this paragraph.

s. 63(5)

Kinds of tenancy or licence added or removed under subsection (4)(b) may be identified by reference to any matters connected directly or indirectly with a tenancy or licence, including the characteristics or circumstances of any person who is so connected.

s. 63(6)

In subsection (4)(b)—

s. 63(6)(a)

the reference to a tenancy of a dwelling includes a tenancy under which the dwelling is occupied for the purposes of either House of Parliament, and

s. 63(6)(b)

the reference to a licence to occupy a dwelling includes such a licence under which the dwelling is occupied for the purposes of either House of Parliament.

s. 63(7)

The provision that may be made in regulations under subsection (4) by virtue of section 140(1)(a) includes provision amending section 99.

s. 63(8)

The provision that may be made in regulations under subsection (4) by virtue of section 140(1)(b) includes different provision for the purposes of different Chapters of this Part.

s. 64 — Landlord redress schemes

s. 64(1)

The Secretary of State may make regulations requiring a residential landlord to be a member of a landlord redress scheme.

s. 64(2)

A “landlord redress scheme” means a scheme—

s. 64(2)(a)

which provides for a complaint made by or on behalf of a prospective, current or former residential tenant against a member of the scheme to be independently investigated and determined by an independent individual, and

s. 64(2)(b)

which is—

s. 64(2)(b)(i)

approved by the Secretary of State for the purposes of regulations under subsection (1), or

s. 64(2)(b)(ii)

administered by or on behalf of the Secretary of State and designated by the Secretary of State for those purposes.

s. 64(3)

A scheme must not be approved or designated under subsection (2)(b) unless it satisfies the conditions set out in regulations made under section 65(1).

s. 64(4)

In subsection (2)(a) “prospective residential tenant” means a person who—

s. 64(4)(a)

offers to become a residential tenant of a dwelling that is marketed for the purpose of creating a residential tenancy, or

s. 64(4)(b)

with a view to deciding whether to become a residential tenant of a dwelling that is marketed for that purpose—

s. 64(4)(b)(i)

requests information about the dwelling from a person marketing it, or

s. 64(4)(b)(ii)

visits or requests to visit such a dwelling by arrangement with a person marketing it.

s. 64(5)

Regulations under subsection (1) may—

s. 64(5)(a)

require a person to be a member of a landlord redress scheme before a dwelling is marketed for the purpose of creating a residential tenancy under which that person will be a residential landlord;

s. 64(5)(b)

prohibit a person from marketing a dwelling for the purpose of creating a residential tenancy unless the person who will be a residential landlord if the tenancy is granted is a member of a landlord redress scheme;

s. 64(5)(c)

require a person to remain a member of the scheme after ceasing to be a residential landlord, for a period specified in the regulations.

s. 64(6)

Regulations under subsection (1) may require a person—

s. 64(6)(a)

to provide relevant property information to the administrator of a landlord redress scheme, on applying to become a member of the scheme;

s. 64(6)(b)

at any time after becoming a member of a landlord redress scheme, to notify the administrator of the scheme of any change to relevant property information previously provided by the person as soon as reasonably practicable, or within a period, as specified in the regulations.

s. 64(7)

For the purposes of subsection (6), “relevant property information” means such information as may be specified in the regulations relating to—

s. 64(7)(a)

any residential tenancy under which the person is the residential landlord;

s. 64(7)(b)

any dwelling which is proposed to be marketed for the purpose of creating a residential tenancy under which the person will be the residential landlord.

s. 64(8)

Before making regulations under subsection (1), the Secretary of State must be satisfied that all persons who are to be required to be a member of a landlord redress scheme will be eligible to join such a scheme before being so required (subject to any provision in the scheme about expulsion, as to which see section 65(2)(l)).

s. 64(9)

Nothing in this Chapter prevents a landlord redress scheme from providing (subject to regulations under section 65)—

s. 64(9)(a)

for membership to be open to persons who wish to join as voluntary members;

s. 64(9)(b)

for the investigation or determination of any complaints under a voluntary jurisdiction;

s. 64(9)(c)

for voluntary mediation services;

s. 64(9)(d)

for the exclusion from investigation and determination under the scheme of any complaint in such cases or circumstances as may be specified in or determined under the scheme.

s. 64(10)

In subsection (9)— “complaints under a voluntary jurisdiction” means complaints in relation to which there is no duty to be a member of a landlord redress scheme, where the members against whom the complaints are made have voluntarily accepted the jurisdiction of the scheme over those complaints; “voluntary mediation services” means mediation, conciliation or similar processes provided at the request of a member in relation to complaints made— against the member, or by the member against another person; “voluntary members” means members who are not subject to a duty to be a member of a landlord redress scheme.

s. 65 — Approval and designation of landlord redress schemes

s. 65(1)

The Secretary of State must by regulations set out conditions which are to be satisfied for a scheme to be approved or designated under section 64(2)(b).

s. 65(2)

The conditions must include conditions requiring the scheme to include provision in accordance with the regulations—

s. 65(2)(a)

for the appointment of an individual to be responsible for overseeing and monitoring the investigation and determination of complaints under the scheme,

s. 65(2)(b)

about the terms and conditions of that individual and the termination of their appointment,

s. 65(2)(c)

about the complaints that may be made under the scheme, which must include provision enabling the making of complaints about non-compliance with any codes of practice for residential landlords that are issued or approved by the Secretary of State,

s. 65(2)(d)

about the time to be allowed for scheme members to resolve matters before a complaint is accepted under the scheme in relation to those matters,

s. 65(2)(e)

about the circumstances in which a complaint may be rejected,

s. 65(2)(f)

about co-operation (which may include the joint exercise of functions) of an individual who is investigating or determining a complaint with persons who have functions in relation to other kinds of complaint and with local housing authorities,

s. 65(2)(g)

about the provision of information to the persons mentioned in paragraph (f) and the Secretary of State,

s. 65(2)(h)

if members are required to pay fees in respect of compulsory aspects of the scheme, about the amount or amounts of those fees,

s. 65(2)(i)

if there are voluntary aspects of the scheme—

s. 65(2)(i)(i)

for fees to be payable in respect of those aspects of the scheme, and

s. 65(2)(i)(ii)

about the amount or amounts of those fees,

s. 65(2)(j)

for the individual determining a complaint to be able to require members to provide redress of the following types to the complainant—

s. 65(2)(j)(i)

providing an apology or explanation,

s. 65(2)(j)(ii)

paying compensation, and

s. 65(2)(j)(iii)

taking such other actions in the interests of the complainant as the individual determining the complaint may specify,

s. 65(2)(k)

about the enforcement of the scheme and decisions made under the scheme,

s. 65(2)(l)

for a person to be expelled from the scheme only—

s. 65(2)(l)(i)

in circumstances specified in the regulations,

s. 65(2)(l)(ii)

once steps to secure compliance that are specified in the regulations have been taken, and

s. 65(2)(l)(iii)

once the decision to expel the person has been reviewed by an independent person in accordance with the regulations,

s. 65(2)(m)

for an expulsion to be revoked in circumstances specified in the regulations,

s. 65(2)(n)

prohibiting a person from joining the scheme when the person has been expelled from another landlord redress scheme, except in circumstances specified in the regulations,

s. 65(2)(o)

for circumstances in which the administration of the scheme is to be transferred to a different administrator, and

s. 65(2)(p)

about the closure of the scheme by the administrator.

s. 65(3)

Conditions set out in regulations under subsection (1) may include conditions requiring the administrator or proposed administrator of a scheme to undertake to do things on an ongoing basis following approval or designation.

s. 65(4)

Fee conditions relating to—

s. 65(4)(a)

fees payable in respect of compulsory aspects of the scheme may provide for the amount or amounts of the fees to be calculated by reference to such of the scheme costs as may be specified in the regulations, which may include scheme costs relating to the voluntary aspects of the scheme;

s. 65(4)(b)

fees payable in respect of voluntary aspects of the scheme must provide for the amount or amounts of the fees to be calculated so that (taking one year with another) they are sufficient to meet such of the costs of the voluntary aspects of the scheme as may be specified in the regulations.

s. 65(5)

Conditions set out in regulations by virtue of subsection (2)(o) may require an approved scheme to provide for the administration of that scheme to be transferred to the Secretary of State or a person acting on behalf of the Secretary of State in circumstances specified in the regulations.

s. 65(6)

Where conditions set out in regulations by virtue of subsection (2)(o) require an approved scheme to include the provision mentioned in subsection (5), the regulations may provide for a scheme whose administration is transferred as mentioned in that subsection to be treated as a designated scheme instead of an approved one.

s. 65(7)

Subsections (2) to (6) do not limit the conditions that may be set out in regulations under subsection (1).

s. 65(8)

The Secretary of State may by regulations make further provision about the approval or designation of landlord redress schemes under section 64(2)(b), including provision—

s. 65(8)(a)

about the number of redress schemes that may be approved or designated (which may be one or more);

s. 65(8)(b)

about the making of applications for approval;

s. 65(8)(c)

about the period for which an approval or designation is valid;

s. 65(8)(d)

about the withdrawal of approval or revocation of designation.

s. 65(9)

Regulations under this section may—

s. 65(9)(a)

confer functions (including functions involving the exercise of a discretion) on the Secretary of State, or authorise or require a scheme to do so;

s. 65(9)(b)

provide for the delegation of such functions by the Secretary of State, or authorise or require a scheme to provide for that.

s. 65(10)

In this section— “compulsory aspects”, in relation to a scheme, means aspects of the scheme relating to complaints in relation to which there is a duty to be a member of a landlord redress scheme; “compulsory member”, in relation to a scheme, means a member of the scheme who is subject to a duty to be a member of a landlord redress scheme; “costs of the voluntary aspects”, in relation to a scheme, means the scheme costs if, or to the extent that, they relate to the voluntary aspects of the scheme (including scheme costs that are attributed to the voluntary aspects of the scheme); “fee condition” means a condition set out in regulations by virtue of subsection (2)(h) or (i)(ii); “scheme costs”, in relation to a scheme, means the costs (whether or not connected with a fee-payer) that are incurred in or associated with, or likely to be incurred in or associated with— the establishment and administration of the scheme (including the investigation and determination of complaints under the scheme); the performance of any other functions under this Chapter; the performance of any other functions under the scheme; including such costs that are, or are likely to be incurred by— the administrator of a redress scheme, or the individual responsible for overseeing and monitoring the investigation and determination of complaints under the scheme, in connection with enforcement by other persons of requirements imposed by or under this Chapter. “voluntary aspects”, in relation to a scheme, means aspects of the scheme that relate to— complaints under a voluntary jurisdiction, voluntary mediation services, or voluntary members; and terms used in this definition have the meanings given by section 64(10).

s. 66 — Financial penalties

s. 66(1)

A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has—

s. 66(1)(a)

breached regulations under section 64(1), or

s. 66(1)(b)

committed an offence under section 67.

s. 66(2)

The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than—

s. 66(2)(a)

£7,000, if it is imposed under subsection (1)(a), or

s. 66(2)(b)

£40,000, if it is imposed under subsection (1)(b).

s. 66(3)

More than one penalty may be imposed in respect of the same conduct only if—

s. 66(3)(a)

the conduct continues after the end of 28 days beginning with the day after that on which the final notice in respect of the previous penalty for the conduct was given to the person, unless the person appeals against that notice within that period, or

s. 66(3)(b)

if the person appeals against that notice within that period, the conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.

s. 66(4)

Subsection (3) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

s. 66(5)

No financial penalty may be imposed in respect of any conduct amounting to an offence under section 67 if—

s. 66(5)(a)

the person has been convicted of an offence under that section in respect of the conduct,

s. 66(5)(b)

criminal proceedings for an offence under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or

s. 66(5)(c)

criminal proceedings for an offence under that section in respect of the conduct have been concluded and the person has not been convicted.

s. 66(6)

The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.

s. 66(7)

Local housing authorities must have regard to any guidance issued under subsection (6).

s. 66(8)

The Secretary of State may by regulations amend the amounts specified in subsection (2) to reflect changes in the value of money.

s. 66(9)

For the purposes of this section and section 67—

s. 66(9)(a)

a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and

s. 66(9)(b)

“final notice” has the meaning given by paragraph 6 of Schedule 5.

s. 67 — Offences

s. 67(1)

A person commits an offence if—

s. 67(1)(a)

a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and

s. 67(1)(b)

the conduct in respect of which the penalty was imposed continues after the end of the period of 28 days beginning with—

s. 67(1)(b)(i)

the day after that on which the penalty was imposed on the person, or

s. 67(1)(b)(ii)

if the person appeals against the final notice in respect of the penalty within that period, the day after that on which the appeal is finally determined, withdrawn or abandoned.

s. 67(2)

A person commits an offence if—

s. 67(2)(a)

a relevant penalty has been imposed on the person in respect of a breach of regulations under section 64(1) and the final notice imposing the penalty has not been withdrawn, and

s. 67(2)(b)

the person engages in conduct which constitutes a different breach of such regulations within the period of five years beginning with the day on which the penalty was imposed.

s. 67(3)

A person commits an offence if—

s. 67(3)(a)

either—

s. 67(3)(a)(i)

a relevant penalty has been imposed on the person in respect of an offence under this section and the final notice imposing the penalty has not been withdrawn, or

s. 67(3)(a)(ii)

the person has been convicted of such an offence, and

s. 67(3)(b)

the person breaches regulations under section 64(1) within the period of five years beginning with the day on which the relevant penalty was imposed or the person was convicted.

s. 67(4)

In subsections (1) to (3) “relevant penalty” means a financial penalty which is imposed under section 66 where—

s. 67(4)(a)

the period for bringing an appeal against the penalty under paragraph 10 of Schedule 5 has expired without an appeal being brought,

s. 67(4)(b)

an appeal against the financial penalty under that paragraph has been withdrawn or abandoned, or

s. 67(4)(c)

the final notice imposing the penalty has been confirmed or varied on appeal.

s. 67(5)

A person may not be convicted of an offence under subsection (2) or (3) if a financial penalty has been imposed under section 66 in respect of the same conduct.

s. 67(6)

A person guilty of an offence under this section is liable on summary conviction to a fine.

s. 67(7)

Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.

s. 67(8)

Where the affairs of a body corporate are managed by its members, subsection (6) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.

s. 68 — Decision under a landlord redress scheme may be made enforceable as if it were a court order

s. 68(1)

The Secretary of State may by regulations make provision for, or in connection with, authorising the administrator of a landlord redress scheme to apply to a court or tribunal for an order that a determination made under the scheme and accepted by the complainant in question be enforced as if it were an order of a court.

s. 68(2)

Before making the regulations, the Secretary of State must consult—

s. 68(2)(a)

one or more bodies appearing to the Secretary of State to represent the interests of residential landlords,

s. 68(2)(b)

one or more bodies appearing to the Secretary of State to represent the interests of residential tenants, and

s. 68(2)(c)

such other persons as the Secretary of State considers appropriate.

s. 69 — Landlord redress schemes: no Crown status

A person exercising functions under a landlord redress scheme (other than the Secretary of State) is not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown or as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and any property held by such a person is not to be regarded as property of, or held on behalf of, the Crown.

s. 70 — Guidance for scheme administrator and local housing authority

s. 70(1)

The Secretary of State may from time to time issue or approve guidance for local housing authorities and the administrators of landlord redress schemes about cooperation between such local housing authorities and persons exercising functions under the schemes.

s. 70(2)

A local housing authority must have regard to any guidance issued or approved under this section.

s. 70(3)

The Secretary of State must exercise the powers in section 65 for the purpose of ensuring that the administrator of a redress scheme has regard to any guidance issued or approved under this section.

s. 71 — Interpretation of Chapter 2

s. 71(1)

In this Chapter “landlord redress scheme” has the meaning given by section 64(2).

s. 71(2)

For the meanings of “residential landlord”, “residential tenancy” and “residential tenant” see section 63.

s. 72 — Housing activities under social rented sector scheme

s. 72(1)

Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints) is amended as follows.

s. 72(2)

In paragraph 1—

s. 72(2)(a)

in sub-paragraph (1), after “housing activities” insert “other than private rented sector activities”;

s. 72(2)(b)

in sub-paragraph (3), at the end insert “, subject to paragraph 2A”.

s. 72(3)

In paragraph 2(1)—

s. 72(3)(a)

in paragraph 4, after “scheme” insert “which must not include any private rented sector activities, except so far as the Secretary of State consents in writing to complaints about such activities being made under the scheme.”;

s. 72(3)(b)

after paragraph 7 insert—

s. 72(4)

After paragraph 2 insert—

s. 72(5)

For paragraph 10 substitute—

s. 72(6)

After paragraph 12 insert—

s. 73 — Other amendments connected with landlord redress schemes

Schedule 3 contains amendments connected with landlord redress schemes.

s. 74 — Local Commissioners’ investigation of complaints by persons who are not tenants

In section 26 of the Local Government Act 1974, at the end of subsection (8) insert

s. 75 — The database

s. 75(1)

The database operator must establish and operate a database containing—

s. 75(1)(a)

entries in respect of persons who are, or intend to become, residential landlords,

s. 75(1)(b)

entries in respect of dwellings which are, or are intended to be, let under residential tenancies, and

s. 75(1)(c)

entries made under section 83 in respect of the following—

s. 75(1)(c)(i)

persons against whom relevant banning orders have been made,

s. 75(1)(c)(ii)

persons who have been convicted of, or on whom financial penalties have been imposed in relation to, relevant banning order offences, and

s. 75(1)(c)(iii)

persons who have been convicted of offences, on whom financial penalties have been imposed or who have been subject to regulatory action, of a description prescribed by regulations under that section.

s. 75(2)

In this Chapter—

s. 75(2)(a)

“landlord entry” means an entry in the database in respect of a person mentioned in subsection (1)(a);

s. 75(2)(b)

“dwelling entry” means an entry in the database in respect of a dwelling mentioned in subsection (1)(b).

s. 75(3)

Landlord and dwelling entries may be either active or inactive: see sections 77(4) and 79.

s. 76 — The database operator

s. 76(1)

In this Chapter “database operator” means—

s. 76(1)(a)

the Secretary of State, or

s. 76(1)(b)

a person who the Secretary of State has arranged to be the database operator.

s. 76(2)

The arrangements—

s. 76(2)(a)

may include provision for payments by the Secretary of State;

s. 76(2)(b)

may include provision about bringing the arrangements to an end.

s. 76(3)

The Secretary of State may by regulations—

s. 76(3)(a)

require the database operator to ensure that the database has features and functionality specified in the regulations,

s. 76(3)(b)

confer on the database operator powers to enter into contracts and other agreements for the purpose of facilitating the operation of the database,

s. 76(3)(c)

provide for functions of the database operator specified in the regulations to be carried out by lead enforcement authorities, local housing authorities or others specified in the regulations instead of, or in addition to, being carried out by the database operator, and

s. 76(3)(d)

make transitional or saving provision which applies when there is a change of database operator.

s. 76(4)

Regulations under subsection (3)(d) may relate to a specific change of database operator or to changes that might arise from time to time.

s. 77 — Making entries in the database

s. 77(1)

The Secretary of State may by regulations make provision about the making of landlord and dwelling entries in the database.

s. 77(2)

The regulations may, in particular—

s. 77(2)(a)

provide for how, and by whom, a landlord or dwelling entry is to be made,

s. 77(2)(b)

require information or documents to be provided,

s. 77(2)(c)

impose other requirements, including requirements for the payment of fees, and

s. 77(2)(d)

allow an entry to be made before all of the requirements imposed by the regulations have been complied with, provided that any requirements not complied with by that time are complied with before the end of a period specified in the regulations.

s. 77(3)

The period specified as mentioned in subsection (2)(d) must not exceed the period of 28 days beginning with the day on which the entry is made.

s. 77(4)

A landlord or dwelling entry made in accordance with the regulations is an active entry from the time it is made until it becomes an inactive entry in accordance with regulations under section 79.

s. 77(5)

See section 86 for the power to make regulations specifying the information contained in active landlord and dwelling entries that is to be made available to the public by the database operator.

s. 78 — Requirement to keep active entries up-to-date

s. 78(1)

The Secretary of State may by regulations make provision requiring active landlord and dwelling entries in the database to be kept up-to-date.

s. 78(2)

The regulations may, in particular—

s. 78(2)(a)

provide for how, and by whom, an active landlord or dwelling entry is to be kept up-to-date,

s. 78(2)(b)

require information or documents to be provided,

s. 78(2)(c)

impose other requirements, and

s. 78(2)(d)

specify the time by which the requirements must be complied with.

s. 78(3)

The requirements that may be imposed by regulations under this section do not include requirements for the payment of fees.

s. 79 — Circumstances in which active entries become inactive and vice versa

s. 79(1)

The Secretary of State may by regulations make provision about the circumstances in which an active landlord or dwelling entry in the database is to become an inactive entry, and vice versa.

s. 79(2)

The regulations may, in particular—

s. 79(2)(a)

provide for an active landlord or dwelling entry to become inactive after a period specified in or determined in accordance with the regulations if requirements specified in the regulations are not met,

s. 79(2)(b)

provide for an active landlord or dwelling entry to become inactive in circumstances in which an active entry is no longer required in respect of the landlord or dwelling, and

s. 79(2)(c)

specify requirements that must be met for an inactive landlord or dwelling entry to become an active entry.

s. 79(3)

The requirements that may be imposed by regulations under this section include requirements for the payment of fees.

s. 80 — Verification, correction and removal of entries

s. 80(1)

The Secretary of State may by regulations make provision about—

s. 80(1)(a)

the verification of landlord and dwelling entries in the database,

s. 80(1)(b)

the correction of errors in such entries, and

s. 80(1)(c)

the removal of such entries from the database.

s. 80(2)

The regulations may, in particular—

s. 80(2)(a)

require a proportion of landlord and dwelling entries, and of anything required to be provided by regulations under section 77, 78 or 79, specified in or determined in accordance with the regulations to be verified by local housing authorities or others,

s. 80(2)(b)

make provision about how that verification is to be carried out,

s. 80(2)(c)

authorise the correction of errors in landlord and dwelling entries and specify by whom such corrections may be made, and

s. 80(2)(d)

authorise the removal from the database of landlord and dwelling entries that appear to a person specified in the regulations not to meet requirements imposed by or under this Chapter for inclusion in the database.

s. 81 — Fees for landlord and dwelling entries

s. 81(1)

This section applies where regulations under section 77 or 79 require payment of a fee.

s. 81(2)

The regulations must—

s. 81(2)(a)

specify the amount or amounts of the fee, or

s. 81(2)(b)

provide for the amount or amounts of the fee to be determined by the database operator by reference to such of the relevant costs as may be specified in the regulations.

s. 81(3)

The amount or amounts specified in the regulations under subsection (2)(a) may be calculated by reference to the relevant costs.

s. 81(4)

The “relevant costs” are the costs (whether or not connected with a fee-payer) that are incurred in or associated with, or likely to be incurred in or associated with—

s. 81(4)(a)

the establishment and operation of the database;

s. 81(4)(b)

the enforcement of requirements imposed by or under this Chapter;

s. 81(4)(c)

the performance of any other functions under this Chapter;

s. 81(4)(d)

the enforcement of any other requirements imposed by or under this Act or otherwise in relation to the private rented sector.

s. 81(5)

The amount or amounts specified in the regulations under subsection (2)(a) or determined in accordance with subsection (2)(b) may, in the case of a fee charged for an entry in the database to become active again after becoming inactive as a result of provision made by virtue of section 79(2)(a), be higher than the fee that would otherwise be charged had the entry remained active.

s. 81(6)

The fees are to be payable to the database operator by such persons and in such circumstances as the regulations may provide.

s. 81(7)

The Secretary of State may direct the database operator to pay to local housing authorities or into the Consolidated Fund the amount it receives in respect of the fees it charges, or any part of that amount.

s. 81(8)

If the Secretary of State is the database operator—

s. 81(8)(a)

subsection (7) does not apply, and

s. 81(8)(b)

the Secretary of State may pay to local housing authorities the amount it receives in respect of fees it charges, or any part of that amount.

s. 81(9)

For the purposes of this section— requirements “in relation to the private rented sector” means requirements relating to— residential premises in England that are let, or intended to be let, under a tenancy; the common parts of such premises; the activities of a landlord under a tenancy of residential premises in England; the activities of a superior landlord in relation to such a tenancy; the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises; the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises; “residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008; “tenancy” includes a licence to occupy.

s. 82 — Restrictions on marketing, advertising and letting dwellings

s. 82(1)

A person must not market a dwelling for the purpose of creating a residential tenancy unless—

s. 82(1)(a)

there is an active landlord entry in the database in respect of the person who will be the residential landlord if the tenancy is granted, and

s. 82(1)(b)

there is an active dwelling entry in the database in respect of the dwelling.

s. 82(2)

A person who advertises a dwelling for the purpose of creating a residential tenancy must include in any written advertisement the unique identifiers allocated by the database operator to—

s. 82(2)(a)

the person who will be the residential landlord if the tenancy is granted, and

s. 82(2)(b)

the dwelling.

s. 82(3)

A person who is a residential landlord in relation to a dwelling is under a duty to ensure that—

s. 82(3)(a)

there is an active landlord entry in the database in respect of the person and an active dwelling entry in the database in respect of the dwelling, and

s. 82(3)(b)

any requirements relating to the entries imposed by regulations under section 78 are complied with.

s. 82(4)

The Secretary of State may by regulations specify cases or circumstances in which—

s. 82(4)(a)

a person of a description specified in the regulations is to be subject to the duty in subsection (3) instead of the residential landlord;

s. 82(4)(b)

a duty imposed by this section, either does not apply at all or does not apply for a period specified in or determined in accordance with the regulations.

s. 82(5)

A breach of subsection (1), (2) or (3) does not affect the validity or enforceability of a residential tenancy or other contract by virtue of any rule of law relating to the validity or enforceability of contracts in circumstances involving illegality.

s. 83 — Entries relating to banning orders, offences, financial penalties, etc.

s. 83(1)

A local housing authority must make an entry in the database in respect of a person if—

s. 83(1)(a)

a relevant banning order has been made against the person following an application by the authority,

s. 83(1)(b)

the person has been convicted of a relevant banning order offence following the institution of criminal proceedings by the authority, or

s. 83(1)(c)

the authority has imposed a financial penalty on the person in relation to a relevant banning order offence.

s. 83(2)

A local housing authority may make an entry in the database in respect of a person if—

s. 83(2)(a)

the person has been convicted of a relevant banning order offence following the institution of criminal proceedings by a person other than a local housing authority, or

s. 83(2)(b)

a financial penalty has been imposed on the person in relation to a relevant banning order offence by a person other than a local housing authority.

s. 83(3)

The person who instituted the criminal proceedings or imposed the penalty must provide to the local housing authority such information as the authority requests for the purpose of making an entry under subsection (2).

s. 83(4)

The Secretary of State may by regulations impose a duty on local housing authorities to make entries in the database under subsection (2) in circumstances specified in the regulations.

s. 83(5)

An entry may be made under subsection (1) or (2) only if—

s. 83(5)(a)

the period for appealing against any order, conviction or penalty mentioned in those subsections has expired, and

s. 83(5)(b)

any such appeal has been finally determined, withdrawn or abandoned.

s. 83(6)

The Secretary of State may by regulations authorise or require local housing authorities to make an entry in the database in respect of a person—

s. 83(6)(a)

who is convicted of an offence, on whom a financial penalty is imposed or who is subject to regulatory action, of a description prescribed by the regulations, and

s. 83(6)(b)

where the offence, financial penalty or regulatory action relates to conduct which occurred at a time when the person was a residential landlord or marketing a dwelling for the purpose of creating a residential tenancy.

s. 83(7)

Regulations under subsection (6) may, in particular—

s. 83(7)(a)

describe an offence by reference to—

s. 83(7)(a)(i)

the nature of the offence,

s. 83(7)(a)(ii)

the characteristics of the offender,

s. 83(7)(a)(iii)

the place where the offence is committed,

s. 83(7)(a)(iv)

the circumstances in which it is committed,

s. 83(7)(a)(v)

the court sentencing a person for the offence, or

s. 83(7)(a)(vi)

the sentence imposed, and

s. 83(7)(b)

make provision for local housing authorities to obtain information from another person for the purpose of making an entry in the database under the regulations.

s. 83(8)

An entry made under this section must include—

s. 83(8)(a)

the name of the person in respect of whom the entry is made,

s. 83(8)(b)

where the entry is made under subsection (1), the date the banning order was made and the date on which the person will cease to be subject to it, and

s. 83(8)(c)

such other information as may be prescribed by regulations made by the Secretary of State.

s. 83(9)

Regulations under subsection (8)(c) may, in particular, require an entry to include—

s. 83(9)(a)

the person’s address or other contact details,

s. 83(9)(b)

details of any dwellings in relation to which the person is a residential landlord, and

s. 83(9)(c)

details of the offence, financial penalty or regulatory action to which the entry relates.

s. 83(10)

A local housing authority must take reasonable steps to ensure that any entry it has made in the database under this section is correct and up-to-date.

s. 83(11)

See section 86 for the power to make regulations specifying the information contained in entries under this section that is to be made available to the public by the database operator.

s. 83(12)

In this Chapter— “relevant banning order” means an order under Chapter 2 of Part 2 of the Housing and Planning Act 2016 that— is made on or after the day on which this section comes into force, bans a person from letting housing (within the meaning of that Part of that Act) in England, and relates to an offence committed at a time when the person against whom the order was made was— a residential landlord, or marketing a dwelling for the purpose of creating a residential tenancy. “relevant banning order offence” means a banning order offence (as defined in Part 2 of the Housing and Planning Act 2016) committed— on or after the day on which this section comes into force, and at a time when the person who committed the offence was— a residential landlord, or marketing a dwelling for the purpose of creating a residential tenancy.

s. 84 — Allocation of unique identifiers

s. 84(1)

The database operator must allocate an identifier (referred to in this Chapter as a “unique identifier”) to each person in respect of whom, and dwelling in respect of which, an entry is made in the database under this Chapter.

s. 84(2)

The identifier must be a sequence of letters, numbers or both that enables the person or dwelling to be distinguished from any other person in respect of whom, or dwelling in respect of which, there is an entry in the database.

s. 84(3)

This section does not require the database operator to allocate a unique identifier to a person to whom, or dwelling to which, a unique identifier has previously been allocated.

s. 85 — Other duties

s. 85(1)

The database operator must—

s. 85(1)(a)

ensure that facilities are available for persons who are unable to use a computer or other electronic device, or do not wish to do so, to make and maintain landlord and dwelling entries in the database,

s. 85(1)(b)

ensure that local housing authorities are able to edit the database for the purpose of carrying out the functions conferred on them by or under this Chapter,

s. 85(1)(c)

ensure that facilities are available for breaches of any requirement imposed by section 82 to be reported to the database operator and that reports of such breaches are passed on to such local housing authorities as the database operator thinks appropriate, and

s. 85(1)(d)

publish advice and information explaining to residential landlords and residential tenants their rights and obligations under this Chapter.

s. 85(2)

The database operator must report to the Secretary of State on—

s. 85(2)(a)

the performance of the database, and

s. 85(2)(b)

any matters or trends relating to the database and the information contained in it that the database operator considers are appropriate to be brought to the attention of the Secretary of State.

s. 85(3)

Reports under subsection (2) are to be made at such times, and cover such matters—

s. 85(3)(a)

as may be agreed between the database operator and the Secretary of State, or

s. 85(3)(b)

in default of such agreement, as the Secretary of State may direct.

s. 85(4)

Subsection (2) does not apply if the Secretary of State is the database operator.

s. 86 — Access to the database

s. 86(1)

The Secretary of State may by regulations—

s. 86(1)(a)

specify the information contained in active landlord and dwelling entries in the database, and in entries made in the database under section 83, which the database operator is to make available to the public,

s. 86(1)(b)

make provision requiring an active landlord entry and an entry made under section 83 in respect of the same person to be linked,

s. 86(1)(c)

in the case of an entry made by a local housing authority in respect of a person under section 83—

s. 86(1)(c)(i)

specify the period after which information contained in the entry is to be made available to the public, which must be no less than 21 days beginning with the day on which the entry is made,

s. 86(1)(c)(ii)

make provision for the person to be notified by the local housing authority of the period for the purpose of making representations to the authority about any errors in information contained in the entry, and

s. 86(1)(c)(iii)

specify the circumstances in which information contained in such an entry is to cease to be available to the public, and

s. 86(1)(d)

specify the manner and form in which information is to be made available to the public by the database operator under the regulations.

s. 86(2)

The database operator must give access to information in the database to the following—

s. 86(2)(a)

lead enforcement authorities,

s. 86(2)(b)

local housing authorities,

s. 86(2)(c)

local weights and measures authorities in England,

s. 86(2)(d)

mayoral combined authorities, as defined by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009, and

s. 86(2)(e)

the Greater London Authority.

s. 86(3)

If the Secretary of State is not the database operator, the database operator must give access to information in the database to the Secretary of State.

s. 87 — Disclosure by database operator etc

s. 87(1)

The database operator must not disclose restricted information from the database except—

s. 87(1)(a)

in accordance with section 86(2) or (3), or

s. 87(1)(b)

where authorised by regulations under this section.

s. 87(2)

The Secretary of State may by regulations make provision authorising the disclosure from the database of restricted information where the disclosure is necessary—

s. 87(2)(a)

to enable or facilitate compliance with a statutory requirement specified in the regulations,

s. 87(2)(b)

to enable or facilitate compliance with a requirement of a rule of law specified in the regulations, or

s. 87(2)(c)

to facilitate the exercise of statutory functions specified in the regulations.

s. 87(3)

The regulations may—

s. 87(3)(a)

specify the manner and form in which the information may be disclosed, and

s. 87(3)(b)

impose restrictions on the use and further disclosure of information disclosed under the regulations.

s. 87(4)

A disclosure authorised by the regulations does not breach—

s. 87(4)(a)

any obligation of confidence owed by the database operator, or

s. 87(4)(b)

any other restriction on the disclosure of information (however imposed).

s. 87(5)

Nothing in this section or the regulations authorises the making of a disclosure that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section and the regulations).

s. 87(6)

A person commits an offence if the person knowingly or recklessly discloses restricted information in contravention of—

s. 87(6)(a)

subsection (1), or

s. 87(6)(b)

a restriction on further disclosure imposed by regulations under this section.

s. 87(7)

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine.

s. 87(8)

In this section— “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); “restricted information” means information that— is not made available to the public by virtue of regulations under section 86, and relates to and identifies a particular person (including a body corporate).

s. 87(9)

For the purposes of subsection (8) information identifies a particular person if the identity of that person—

s. 87(9)(a)

is specified in the information,

s. 87(9)(b)

can be deduced from the information, or

s. 87(9)(c)

can be deduced from the information taken together with any other information.

s. 88 — Use of information from the database

s. 88(1)

A lead enforcement authority may only use information obtained from the database for purposes connected with the authority’s functions under the provisions of the landlord legislation for which it is responsible.

s. 88(2)

A local housing authority may only use information obtained from the database for purposes connected with the authority’s functions relating to housing, residential landlords or residential tenancies.

s. 88(3)

A local weights and measures authority may only use information obtained from the database for purposes connected with the authority’s functions of enforcing standards relating to housing.

s. 88(4)

A mayoral combined authority and the Greater London Authority may only use information obtained from the database for purposes connected with the authority’s functions relating to housing.

s. 89 — Removal of entries from database

s. 89(1)

The database operator must remove a landlord or dwelling entry from the database if it has been an inactive entry throughout a continuous period of 5 years.

s. 89(2)

The database operator must remove an entry made under section 83 at the end of the period of 10 years beginning with the day on which the entry is made.

s. 89(3)

But if, in the case of an entry made in respect of a relevant banning order, the ban imposed by the order continues after the end of the period mentioned in subsection (2), that subsection does not apply and the database operator must remove the entry when the ban ends.

s. 90 — Restriction on gaining possession

s. 90(1)

In section 7 of the 1988 Act (orders for possession)—

s. 90(1)(a)

in subsection (4), after “then” insert “, subject to subsection (5ZC),”;

s. 90(1)(b)

after subsection (5ZB) (inserted by section 3(2)(d) of this Act) insert—

s. 90(2)

The Secretary of State may by regulations amend section 7 of the 1988 Act for the purpose of changing— a breach of section 82(3)(a) of this Act prevents the making of an order for possession.

s. 90(2)(a)

the person or persons by whom, or

s. 90(2)(b)

the circumstances in which,

s. 91 — Financial penalties

s. 91(1)

A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has—

s. 91(1)(a)

breached a requirement imposed by section 82(1), (2) or (3),

s. 91(1)(b)

committed an offence under section 92.

s. 91(2)

The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than—

s. 91(2)(a)

£7,000, if it is imposed under subsection (1)(a), or

s. 91(2)(b)

£40,000, if it is imposed under subsection (1)(b).

s. 91(3)

More than one financial penalty may be imposed under this section in respect of the same conduct only if—

s. 91(3)(a)

the conduct continues after the end of 28 days beginning with the day after that on which the previous penalty in respect of the conduct was imposed on the person, unless the person appeals against the decision to impose the penalty within that period, or

s. 91(3)(b)

if the person appeals against the decision to impose the penalty within that period, the conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.

s. 91(4)

Subsection (3) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

s. 91(5)

No financial penalty may be imposed under this section in respect of any conduct if—

s. 91(5)(a)

the person has been convicted of an offence under section 92 in respect of the conduct,

s. 91(5)(b)

criminal proceedings for an offence under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or

s. 91(5)(c)

criminal proceedings for an offence under that section in respect of the conduct have been concluded and the person has not been convicted.

s. 91(6)

The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.

s. 91(7)

Local housing authorities must have regard to any guidance issued under subsection (6).

s. 91(8)

The Secretary of State may by regulations amend the amounts specified in subsection (2) to reflect changes in the value of money.

s. 91(9)

For the purposes of this section and section 92—

s. 91(9)(a)

a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and

s. 91(9)(b)

“final notice” has the meaning given by paragraph 6 of Schedule 5.

s. 92 — Offences

s. 92(1)

A person commits an offence if the person knowingly or recklessly provides information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under this Chapter.

s. 92(2)

A person commits an offence if—

s. 92(2)(a)

a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and

s. 92(2)(b)

the conduct in respect of which the penalty was imposed continues after the end of the period of 28 days beginning with—

s. 92(2)(b)(i)

the day after that on which the penalty was imposed on the person, or

s. 92(2)(b)(ii)

if the person appeals against the decision to impose the penalty within that period, the day after that on which the appeal is finally determined, withdrawn or abandoned.

s. 92(3)

A person commits an offence if—

s. 92(3)(a)

a relevant penalty has been imposed on the person in respect of a breach of a requirement imposed by section 82(1), (2) or (3) and the final notice imposing the penalty has not been withdrawn, and

s. 92(3)(b)

the person engages in conduct which constitutes a different breach of such a requirement within the period of five years beginning with the day on which the penalty was imposed.

s. 92(4)

A person commits an offence if—

s. 92(4)(a)

either—

s. 92(4)(a)(i)

a relevant penalty has been imposed on the person in respect of an offence under this section and the final notice imposing the penalty has not been withdrawn, or

s. 92(4)(a)(ii)

the person has been convicted of such an offence, and

s. 92(4)(b)

the person breaches a requirement imposed by section 82(1), (2) or (3) within the period of five years beginning with the day on which the relevant penalty was imposed or the person was convicted.

s. 92(5)

In subsections (2) to (4) “relevant penalty” means a financial penalty which is imposed under section 91 where—

s. 92(5)(a)

the period for bringing an appeal against the decision to impose the penalty under paragraph 10 of Schedule 5 has expired without an appeal being brought,

s. 92(5)(b)

an appeal against the decision to impose the penalty under that paragraph has been withdrawn or abandoned, or

s. 92(5)(c)

the final notice imposing the penalty has been confirmed or varied on appeal.

s. 92(6)

A person may not be convicted of an offence under subsections (1), (3) or (4) if a financial penalty has been imposed under section 91 in respect of the same conduct.

s. 92(7)

A person guilty of an offence under this section is liable on summary conviction to a fine.

s. 92(8)

Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.

s. 92(9)

Where the affairs of a body corporate are managed by its members, subsection (8) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.

s. 93 — Power to direct database operator and local housing authorities

s. 93(1)

The Secretary of State may from time to time give directions—

s. 93(1)(a)

to the database operator about the manner in which it is to exercise its functions, and

s. 93(1)(b)

to local housing authorities about the manner in which they are to exercise the functions conferred on them by or under this Chapter.

s. 93(2)

Directions under subsection (1) may provide, in particular, that a function is only to be exercised—

s. 93(2)(a)

after consultation with the Secretary of State, or

s. 93(2)(b)

with the consent of the Secretary of State.

s. 93(3)

Subsection (1)(a) does not apply if the Secretary of State is the database operator.

s. 94 — Entries under section 83: minor and consequential amendments

s. 94(1)

The Housing and Planning Act 2016 is amended as follows.

s. 94(2)

In section 28 (database of rogue landlords and property agents), after subsection (3) insert—

s. 94(3)

In section 29 (duty to include person with banning order), after subsection (2) insert—

s. 94(4)

In section 30 (power to include person convicted of banning order offence), after subsection (7)—

s. 95 — Different provision for different purposes: joint landlords

The different provision that may be made in regulations under this Chapter by virtue of section 140(1)(b) includes different provision for joint landlords, for example provision for or in relation to a single landlord entry in respect of joint landlords.

s. 96 — Interpretation of Chapter 3

s. 96(1)

In this Chapter— “database” means the database established under section 75; “lead enforcement authority” and “the landlord legislation” have the same meanings as in Part 4; “relevant banning order” and “relevant banning order offence” have the meanings given by section 83; “unique identifier” has the meaning given by section 84(1).

s. 96(2)

Section 111(6) (lead enforcement authority “responsible” for the provisions of the landlord legislation) applies for the purposes of this Chapter as it applies for the purposes of Part 4.

s. 97 — Financial assistance by Secretary of State

The Secretary of State may give financial assistance (by way of grant, loan, guarantee or in any other form) or make other payments to a person who exercises functions under or by virtue of this Part.

s. 98 — Rent repayment orders for offences under the Housing Act 1988 and sections 67 and 92 of this Act

s. 98(1)

The Housing and Planning Act 2016 is amended as follows.

s. 98(2)

In section 40 (introduction and key definitions), in subsection (3)—

s. 98(2)(a)

at the end of line 2 of the table in that subsection insert— ;

s. 98(2)(b)

in line 5 of the table in that subsection, in the third column, for “control or management of unlicensed HMO” substitute “offences relating to unlicensed HMOs”;

s. 98(2)(c)

in line 6 of the table in that subsection, in the third column, for “control or management of unlicensed house” substitute “offences relating to unlicensed houses”;

s. 98(2)(d)

at the end of the table in that subsection insert— .

s. 98(3)

In section 41 (application for rent repayment order)—

s. 98(3)(a)

in subsection (2)(b), for “12 months” substitute “2 years”;

s. 98(3)(b)

after subsection (2) insert—

s. 98(4)

In section 42 (notice of intended proceedings), in subsection (5), for “12 months” substitute “2 years”.

s. 98(5)

In section 44 (amount of order: tenants)—

s. 98(5)(a)

in subsection (2), in the first column of the table—

s. 98(5)(a)(i)

in the first row, for “or 2” substitute “, 2, 2A or 9”, and

s. 98(5)(a)(ii)

in the second row, for “3” to “7” substitute “2C, 3, 4, 5, 6, 7, 8 or 10”;

s. 98(5)(b)

in subsection (2), after the first row of the table insert— ;

s. 98(5)(c)

in subsection (4)—

s. 98(5)(c)(i)

omit the “and” at the end of paragraph (b),

s. 98(5)(c)(ii)

in paragraph (c), after “of” insert “, or received a financial penalty in respect of,”, and

s. 98(5)(c)(iii)

at the end of paragraph (c) insert

s. 98(6)

In section 45 (amount of order: local housing authorities)—

s. 98(6)(a)

in subsection (2), in the first column of the table —

s. 98(6)(a)(i)

in the first row, for “or 2” substitute “, 2, 2A or 9”, and

s. 98(6)(a)(ii)

in the second row, for “3” to “7” substitute “2C, 3, 4, 5, 6, 7, 8 or 10”;

s. 98(6)(b)

in subsection (2), after the first row of the table insert— ;

s. 98(6)(c)

in subsection (4)—

s. 98(6)(c)(i)

omit the “and” at the end of paragraph (b),

s. 98(6)(c)(ii)

in paragraph (c), after “of” insert “, or received a financial penalty in respect of,”, and

s. 98(6)(c)(iii)

at the end of paragraph (c) insert

s. 98(7)

In section 46 (amount of order following conviction)—

s. 98(7)(a)

in subsection (1), for “both” substitute “either”;

s. 98(7)(b)

for subsection (3) substitute— ;

s. 98(7)(c)

after subsection (4) insert—

s. 99 — Interpretation of Part 2

s. 99(1)

In this Part “dwelling” has the meaning given by section 63(2).

s. 99(2)

For the meanings of “residential landlord”, “residential tenancy” and “residential tenant” in this Part, see section 63.

s. 99(3)

For the purposes of this Part, a person markets a dwelling for the purpose of creating a residential tenancy when—

s. 99(3)(a)

the person advertises that the dwelling is or may be available for let under a residential tenancy, or

s. 99(3)(b)

in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.

s. 99(4)

But subsection (3)(a) does 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.

s. 99(5)

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—

s. 99(5)(a)

a person (“a prospective landlord”) seeking to find another person to whom to let a dwelling, or

s. 99(5)(b)

a person (“a prospective tenant”) seeking to find a dwelling to rent.

s. 99(6)

However, “lettings agency work” does not include any of the following things when done by a person who does nothing else within subsection (5)—

s. 99(6)(a)

publishing advertisements or disseminating information;

s. 99(6)(b)

providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or prospective landlord;

s. 99(6)(c)

providing a means by which a prospective landlord and a prospective tenant can communicate directly with each other.

s. 99(7)

“Lettings agency work” also does not include things of a description, or things done by a person of a description, specified in regulations made by the Secretary of State.

Part 3

Decent homes standard

s. 100 — Decent homes standard

s. 100(1)

The Housing Act 2004 is amended as follows.

s. 100(2)

In section 1 (new system for assessing housing conditions and enforcing housing standards), after subsection (3) insert—

s. 100(3)

In subsection (4) of that section, after paragraph (d) insert—

s. 100(4)

After subsection (4) of that section, insert—

s. 100(5)

After section 2 insert—

s. 100(6)

In Schedule 4, Part 1 contains amendments of the Housing Act 2004 and Part 2 contains amendments of other Acts.

s. 101 — The standard of MOD accommodation

s. 101(1)

The Secretary of State must prepare and publish in relation to each year a report on—

s. 101(1)(a)

the extent to which service family accommodation in England meets the relevant standards during that year, and

s. 101(1)(b)

the work to maintain and improve the standard of service family accommodation in England that is undertaken during that year and planned for subsequent years.

s. 101(2)

The Secretary of State— in relation to any year.

s. 101(2)(a)

may make the required assessment, or

s. 101(2)(b)

may arrange for an independent person to make the required assessment,

s. 101(3)

If the Secretary of State makes the required assessment in relation to a year, the Secretary of State must—

s. 101(3)(a)

arrange for an independent person to evaluate the assessment, and

s. 101(3)(b)

include that evaluation in the annual report relating to that year.

s. 101(4)

The Secretary of State must lay each annual report before Parliament.

s. 101(5)

The required assessment for a particular year may be made by reference to what is, in the view of the person carrying out the assessment, a representative sample of service family accommodation.

s. 101(6)

The duty imposed by subsection (1) may be complied with by the preparation and publication of a report which relates to service family accommodation in England and elsewhere in the United Kingdom.

s. 101(7)

For the purposes of this section, service family accommodation meets the relevant standards if the accommodation would be a decent home when assessed in accordance with the 2006 decent homes standard.

s. 101(8)

The Secretary of State may, by regulations, amend this section so as to make provision about what it means for service family accommodation to meet the relevant standards (which may include provision that operates by reference to other subordinate legislation).

s. 101(9)

But that power is not exercisable unless and until, in the Secretary of State’s view, it has ceased to be appropriate for the 2006 decent homes standard to be used for the purposes of the required assessment (having regard, in particular, to whether, or how, that standard continues to be used for other assessments of the standard of living accommodation).

s. 101(10)

In this section— “2006 decent homes standard” means the document called “A Decent Home: Definition and guidance for implementation” that was published by the Department for Communities and Local Government on 7 June 2006; “annual report” means a report prepared in accordance with subsection (1); “independent” means appearing to the Secretary of State to be independent of— the Secretary of State, other Ministers of the Crown, government departments, and persons who provide, manage or maintain service family accommodation; “required assessment” means an assessment of the extent to which service family accommodation meets the relevant standards during a year; “service family accommodation” means any building or part of a building which is provided for the use of service families as living accommodation (whether or not it is provided by the Secretary of State); and for this purpose a “service family” is— a person subject to service law and members of the person’s family, or a civilian subject to service discipline and members of the civilian’s family; and expressions used in this definition have the same meanings as they have in the Armed Forces Act 2006; “year” means— 1 April 2026 to 31 March 2027, and each subsequent period of one year beginning with 1 April.

Part 4

Enforcement

s. 102 — Financial penalties

Schedule 5 makes provision about—

s. 102(a)

the procedure for imposing a financial penalty under sections 40, 57, 66, 91,

s. 102(b)

appeals against financial penalties under those sections,

s. 102(c)

enforcement of financial penalties under those sections, and

s. 102(d)

how local housing authorities are to deal with the proceeds of financial penalties under those sections.

s. 103 — Rent repayment orders: liability of landlords and superior landlords

s. 103(1)

The Housing and Planning Act 2016 is amended as follows.

s. 103(2)

In section 40 (introduction and key definitions), for subsections (1) and (2) substitute—

s. 103(3)

In section 41 (application for rent repayment order), in subsection (1), for “person” substitute “landlord”.

s. 103(4)

In section 43 (making of rent repayment order), at the end of subsection (3) insert—

s. 103(5)

In section 44 (amount of order: tenants)—

s. 103(5)(a)

in subsection (2)—

s. 103(5)(a)(i)

after “rent paid” (in the first place) insert “by, or on behalf of, the tenant”,

s. 103(5)(a)(ii)

for “during” substitute “in respect of”,

s. 103(5)(a)(iii)

in the heading to the second column to the table, after “by” insert “, or on behalf of,”, and

s. 103(5)(a)(iv)

for “12 months” (in both places) substitute “2 years”,

s. 103(5)(b)

in subsection (3)—

s. 103(5)(b)(i)

for “repay” substitute “pay”, and

s. 103(5)(b)(ii)

in paragraph (a), after “paid” insert “by, or on behalf of, the tenant”, and

s. 103(5)(c)

in subsection (4), after paragraph (a) insert— .

s. 103(6)

In section 45 (amount of order: local housing authorities)—

s. 103(6)(a)

in subsection (2)—

s. 103(6)(a)(i)

for “during” substitute “in respect of”, and

s. 103(6)(a)(ii)

for “12 months” (in both places) substitute “2 years”, and

s. 103(6)(b)

in subsection (3)—

s. 103(6)(b)(i)

for “repay” substitute “pay”, and

s. 103(6)(b)(ii)

omit “that the landlord” (in the second place).

s. 103(7)

After section 46 insert—

s. 103(8)

In section 52 (interpretation), in subsection (1), in the appropriate place insert—

s. 104 — Rent repayment orders: liability of directors etc

In the Housing and Planning Act 2016, after section 51 insert—

s. 105 — Unlicensed HMOs and houses: offences

s. 105(1)

Section 72 of the Housing Act 2004 (offences in relation to licensing of HMOs) is amended in accordance with subsections (2) to (4).

s. 105(2)

For subsection (1) substitute—

s. 105(3)

After subsection (4) insert—

s. 105(4)

In subsection (5)—

s. 105(4)(a)

for “subsection (1), (2) or (3)” substitute “subsection (2) or (3)”, and

s. 105(4)(b)

omit paragraph (a) (together with the “or” at the end of it).

s. 105(5)

Section 95 of the Housing Act 2004 (offences in relation to licensing of houses under Part 3) is amended in accordance with subsections (6) to (8).

s. 105(6)

For subsection (1) substitute—

s. 105(7)

After subsection (3) insert—

s. 105(8)

In subsection (4)—

s. 105(8)(a)

for “subsection (1) or (2)” substitute “subsection (2)”, and

s. 105(8)(b)

for the words following “excuse” substitute “for failing to comply with the condition”.

s. 106 — Service of improvement notices on landlords and licensors

In Schedule 1 to the Housing Act 2004 (procedure and appeals relating to improvement notices), in paragraph 2(2)—

s. 106(a)

after “the notice” insert “on whichever of the following the authority considers ought to take the action specified in it”,

s. 106(b)

in paragraphs (a) and (b), omit “on” in each place, and

s. 106(c)

after paragraph (b) insert—

s. 107 — Enforcement by local housing authorities: general duty

s. 107(1)

It is the duty of every local housing authority to enforce the landlord legislation in its area.

s. 107(2)

But the duty in subsection (1) does not prevent a local housing authority from taking enforcement action in respect of a breach of, or an offence under, the landlord legislation which occurs outside of its area.

s. 107(3)

The duty is also subject to sections 108(3) (enforcement by another local housing authority), 109(3) (enforcement by county council in England which is not a local housing authority) and 113(4) (enforcement by the lead enforcement authority).

s. 107(4)

A county council in England which is not a local housing authority may—

s. 107(4)(a)

enforce the landlord legislation;

s. 107(4)(b)

for that purpose, exercise any powers that a local housing authority may exercise for the purposes of enforcing that legislation.

s. 107(5)

In this Part “the landlord legislation” means—

s. 107(5)(a)

Chapters 3 and 6 of Part 1 of this Act,

s. 107(5)(b)

Part 2 of this Act,

s. 107(5)(c)

sections 1 and 1A of the Protection from Eviction Act 1977, and

s. 107(5)(d)

Chapter 1 of Part 1 of the 1988 Act.

s. 107(6)

For the purposes of this Part, a reference to taking enforcement action is a reference to— under the landlord legislation.

s. 107(6)(a)

imposing a financial penalty, or

s. 107(6)(b)

instituting proceedings against a person for an offence,

s. 108 — Enforcement by local housing authorities: duty to notify

s. 108(1)

Where a local housing authority (“LA1”) proposes to take enforcement action in respect of a breach of, or an offence under, the landlord legislation which occurs (or which also occurs) in the area of another local housing authority (“LA2”), LA1 must notify LA2 that it proposes to do so.

s. 108(2)

If LA1 notifies LA2 under subsection (1) but does not take the action referred to in that subsection, LA1 must notify LA2 of that fact.

s. 108(3)

Where a local housing authority receives a notification under subsection (1), the authority is relieved of the duty under section 107(1) in relation to the breach or offence unless the authority receives a notification under subsection (2).

s. 108(4)

Subsection (5) applies where—

s. 108(4)(a)

a local housing authority (“LA1”) has imposed a financial penalty under the landlord legislation,

s. 108(4)(b)

the breach or offence to which the penalty relates occurred in the area of another local housing authority (“LA2”), and

s. 108(4)(c)

the final notice imposing the penalty has not been withdrawn.

s. 108(5)

LA1 must notify LA2 as soon as reasonably practicable if—

s. 108(5)(a)

the period for bringing an appeal against the penalty expires without an appeal being brought,

s. 108(5)(b)

an appeal against the penalty is withdrawn or abandoned, or

s. 108(5)(c)

the final notice imposing the penalty is confirmed or varied on appeal.

s. 108(6)

Subsection (7) applies where—

s. 108(6)(a)

a local housing authority (“LA1”) has instituted proceedings against a person for an offence under the landlord legislation, and

s. 108(6)(b)

the conduct to which the offence relates occurred in the area of another local housing authority (“LA2”).

s. 108(7)

LA1 must notify LA2 as soon as reasonably practicable if the person is convicted of the offence.

s. 109 — Enforcement by county councils: duty to notify

s. 109(1)

A county council in England— must notify any local housing authority in whose area the breach or offence occurred.

s. 109(1)(a)

which is not a local housing authority, and

s. 109(1)(b)

which proposes to take enforcement action in respect of a breach of, or an offence under, the landlord legislation,

s. 109(2)

If the county council notifies a local housing authority under subsection (1) but does not take the action referred to in that subsection, it must notify the local housing authority of that fact.

s. 109(3)

Where a local housing authority receives a notification under subsection (1), the authority is relieved of the duty under section 107(1) in relation to the breach or offence unless the authority receives notification under subsection (2).

s. 109(4)

Subsection (5) applies where—

s. 109(4)(a)

a county council in England which is not a local housing authority has imposed a financial penalty in respect of a breach of, or an offence under, the landlord legislation, and

s. 109(4)(b)

the final notice imposing the penalty has not been withdrawn.

s. 109(5)

The county council must as soon as reasonably practicable notify any local housing authority in whose area the breach or offence occurred if—

s. 109(5)(a)

the period for bringing an appeal against the penalty expires without an appeal being brought,

s. 109(5)(b)

an appeal against the penalty is withdrawn or abandoned, or

s. 109(5)(c)

the final notice imposing the penalty is confirmed or varied on appeal.

s. 109(6)

A county council in England— must as soon as reasonably practicable notify any local housing authority in whose area the offence occurred if the person is convicted of the offence.

s. 109(6)(a)

which is not a local housing authority, and

s. 109(6)(b)

which institutes proceedings against a person for an offence under the landlord legislation,

s. 110 — Duty to report

s. 110(1)

A local housing authority, or a county council which is not a local housing authority, must report to the Secretary of State on the exercise of its functions under the landlord legislation.

s. 110(2)

A report under subsection (1) must—

s. 110(2)(a)

be provided at such time and in such form as the Secretary of State requires, and

s. 110(2)(b)

contain such information as the Secretary of State requires.

s. 111 — Lead enforcement authority

s. 111(1)

The Secretary of State may make arrangements for a relevant person to be the lead enforcement authority for the purposes of any provisions of the landlord legislation.

s. 111(2)

The arrangements may include arrangements—

s. 111(2)(a)

for payments by the Secretary of State;

s. 111(2)(b)

about bringing the arrangements to an end.

s. 111(3)

The Secretary of State may by regulations made by statutory instrument make transitional or saving provision which applies when there is a change in the lead enforcement authority for any provisions of the landlord legislation.

s. 111(4)

The regulations may relate to a specific change in the lead enforcement authority or to changes that might arise from time to time.

s. 111(5)

In this Part— “lead enforcement authority” means a relevant person which the Secretary of State has arranged to be a lead enforcement authority under subsection (1); “relevant person” means— a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, the Greater London Authority, or a local housing authority.

s. 111(6)

For the purposes of this Part, a lead enforcement authority is “responsible” for the provisions of the landlord legislation for the purposes of which it is such an authority under arrangements made under subsection (1).

s. 112 — General duties and powers of lead enforcement authority

s. 112(1)

A lead enforcement authority must oversee the operation of the provisions for which it is responsible.

s. 112(2)

A lead enforcement authority must provide— with information and advice about the operation of the provisions for which it is responsible, in such form and manner as the lead enforcement authority considers appropriate.

s. 112(2)(a)

relevant local authorities, and

s. 112(2)(b)

the public in England,

s. 112(3)

A lead enforcement authority may disclose information to a relevant local authority for the purposes of enabling that authority to determine whether there has been a breach of, or an offence under, the provisions for which the lead enforcement authority is responsible.

s. 112(4)

A lead enforcement authority may issue guidance to relevant local authorities about the exercise of their functions under any of the provisions for which it is responsible.

s. 112(5)

Relevant local authorities must have regard to any guidance issued under subsection (4).

s. 112(6)

A lead enforcement authority must keep under review and from time to time advise the Secretary of State about the following—

s. 112(6)(a)

the operation of the landlord provisions for which it is responsible;

s. 112(6)(b)

social and commercial developments relating to tenancies in England, other than tenancies of social housing, so far as it considers those developments relevant to the provisions for which it is responsible.

s. 112(7)

The Secretary of State may give a lead enforcement authority directions as to the exercise of any of its functions.

s. 112(8)

A direction may relate to all or particular kinds of relevant local authorities and may make different provision for different purposes.

s. 112(9)

In this section— “relevant local authority” means— a local housing authority, or a county council in England which is not a local housing authority; “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008; “tenancies” includes licences to occupy.

s. 113 — Enforcement by the lead enforcement authority

s. 113(1)

A lead enforcement authority may—

s. 113(1)(a)

take steps to enforce the provisions for which it is responsible where it considers it necessary or expedient to do so;

s. 113(1)(b)

for that purpose, exercise any powers that a local housing authority may exercise for the purpose of the enforcement of those provisions.

s. 113(2)

Where a lead enforcement authority proposes to take steps under subsection (1) in respect of a breach of, or an offence under, the provisions for which it is responsible, it must notify the local housing authority in whose area the breach or offence occurred that it proposes to do so.

s. 113(3)

If a lead enforcement authority notifies a local housing authority under subsection (2) but does not take the steps referred to in that subsection, the lead enforcement authority must notify the local housing authority of that fact.

s. 113(4)

Where a local housing authority receives a notification under subsection (2), the authority is relieved of the duty under section 107(1) in relation to the breach or offence unless the authority receives a notification under subsection (3).

s. 113(5)

But a lead enforcement authority may require a local housing authority to assist the lead enforcement authority in taking the steps referred to in subsection (1).

s. 113(6)

A relevant local authority must report to a lead enforcement authority, whenever the lead enforcement authority requires and in such form and with such particulars as it requires, on the exercise of that relevant local authority’s functions under the provisions for which the lead enforcement authority is responsible.

s. 113(7)

The powers of a local housing authority referred to in subsection (1)(b) include the power to authorise persons to exercise powers of officers under Chapter 3 (see section 132(2)).

s. 113(8)

Section 126(10) is to be read, in relation to an officer of a lead enforcement authority, as if—

s. 113(8)(a)

the reference to a deputy chief officer whose duties relate to a purpose within subsection (1)(b) of that section were a reference to—

s. 113(8)(a)(i)

a person who is employed by, or acts on the instructions of, the body which is the lead enforcement authority and has overall responsibility for the exercise of the functions of that body in that capacity (“the head of the lead enforcement authority”), or

s. 113(8)(a)(ii)

a person who is employed by, or acts on the instructions of, the lead enforcement authority, and has been authorised by the head of the lead enforcement authority to give special authorisations within the meaning of section 126, and

s. 113(8)(b)

paragraph (b)(ii) were omitted.

s. 113(9)

In this section “relevant local authority” has the same meaning as in section 112.

s. 114 — Power of local housing authority to require information from relevant person

s. 114(1)

An officer of a local housing authority may, for purposes connected with any function of the authority under or by virtue of legislation set out in the list in subsection (3), give a notice to a relevant person requiring the person to provide the local housing authority or an officer with the information specified in the notice.

s. 114(2)

In this Chapter “relevant person”, in relation to a power under this Chapter, means a person who has, in the twelve months ending with the day on which the power is exercised—

s. 114(2)(a)

had an estate or interest in premises which consist of or include any relevant accommodation, otherwise than as a mortgagee not in possession,

s. 114(2)(b)

been a licensor of premises which consist of or include any relevant accommodation,

s. 114(2)(c)

acted or purported to act on behalf of a person within paragraph (a) or (b), or

s. 114(2)(d)

marketed any relevant accommodation for the purposes of creating a residential tenancy, within the meaning of Part 2 (see section 99).

s. 114(3)

Here is the list— sections 1 and 1A of the Protection from Eviction Act 1977; Chapter 1 of Part 1 of the Housing Act 1988; section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013; sections 21 to 23 of the Housing and Planning Act 2016; Chapter 3 of Part 1 and Part 2 of this Act.

s. 114(4)

A notice under this section must be in writing and must specify that it is given under this section.

s. 114(5)

The notice may specify—

s. 114(5)(a)

the time within which and the manner in which the relevant person to whom it is given must comply with it;

s. 114(5)(b)

the form in which information must be provided.

s. 114(6)

The notice may require—

s. 114(6)(a)

the creation of documents, or documents of a description, specified in the notice, and

s. 114(6)(b)

the provision of those documents to an enforcement authority or officer.

s. 114(7)

The notice must include information about the possible consequences of not complying with a notice under this section.

s. 114(8)

A requirement to provide information or create a document is a requirement to do so in a legible form.

s. 114(9)

A notice under this section does not require a person to provide any information or create any documents which the person would be entitled to refuse to provide or produce in proceedings in the High Court on the grounds of legal professional privilege.

s. 114(10)

In subsection (2) “relevant accommodation” means any residential accommodation in England that is connected with the exercise or proposed exercise of the function in relation to which the power under this Chapter is exercised.

s. 115 — Power of local housing authority to require information from any person

s. 115(1)

Where an officer of a local housing authority reasonably suspects that there has been a breach of, or an offence under, the rented accommodation legislation, the officer may for a purpose mentioned in subsection (2) give notice to any person requiring the person to provide the local housing authority or an officer with information specified in the notice.

s. 115(2)

The purposes are—

s. 115(2)(a)

investigating whether there has been a breach of, or an offence under, the rented accommodation legislation, or

s. 115(2)(b)

determining the amount of a penalty under that legislation.

s. 115(3)

In this Chapter “the rented accommodation legislation” means— sections 1 and 1A of the Protection from Eviction Act 1977; Chapter 1 of Part 1 of the Housing Act 1988; Parts 1 to 4 and 7 of the Housing Act 2004 so far as relating to qualifying residential premises within the meaning given by section 2B of that Act; section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013; sections 21 to 23 of the Housing and Planning Act 2016; Chapter 3 of Part 1 and Part 2 of this Act.

s. 115(4)

A notice under this section must be in writing and must specify that it is given under this section.

s. 115(5)

The notice may specify—

s. 115(5)(a)

the time within which and the manner in which the person to whom it is given must comply with it;

s. 115(5)(b)

the form in which information must be provided.

s. 115(6)

The notice may require—

s. 115(6)(a)

the creation of documents, or documents of a description, specified in the notice, and

s. 115(6)(b)

the provision of those documents to an enforcement authority or officer.

s. 115(7)

The notice must include information about the possible consequences of not complying with a notice under this section.

s. 115(8)

A requirement to provide information or create a document is a requirement to do so in a legible form.

s. 116 — Enforcement of power to require information from any person

s. 116(1)

If a person fails to comply with a notice under section 115, the local housing authority or an officer of the authority may make an application under this section to the court.

s. 116(2)

If it appears to the court that the person has failed to comply with the notice, it may make an order under this section.

s. 116(3)

An order under this section is an order requiring the person to do anything that the court thinks it is reasonable for the person to do, for any of the purposes for which the notice was given, to ensure that the notice is complied with.

s. 116(4)

An order under this section may require the person to meet the costs of the application.

s. 116(5)

If the person is a company, partnership or unincorporated association, the court in acting under subsection (4) may require an official who is responsible for the failure to meet the costs or expenses.

s. 116(6)

In this section— “the court” means— the High Court, or the county court; “official” means— in the case of a company, a director, manager, secretary or other similar officer, in the case of a limited liability partnership, a member, in the case of a partnership other than a limited liability partnership, a partner, and in the case of an unincorporated association, a person who is concerned in the management or control of its affairs.

s. 117 — Limitation on use of information provided under section 115

s. 117(1)

In any criminal proceedings against a person who provides information in response to a notice under section 115 (including information contained in a document created in response to such a notice)—

s. 117(1)(a)

no evidence relating to the information may be adduced by or on behalf of the prosecution, and

s. 117(1)(b)

no question relating to the information may be asked by or on behalf of the prosecution.

s. 117(2)

Subsection (1) does not apply if, in the proceedings—

s. 117(2)(a)

evidence relating to the information is adduced by or on behalf of the person providing it, or

s. 117(2)(b)

a question relating to the information is asked by or on behalf of that person.

s. 117(3)

Subsection (1) does not apply if the proceedings are for an offence under section 5 of the Perjury Act 1911 (false statutory declarations and other false statements without oath).

s. 118 — Business premises: entry without warrant

s. 118(1)

An officer of a local housing authority may, at any reasonable time, enter any premises in England if—

s. 118(1)(a)

the officer reasonably believes the premises to be occupied by a relevant person for the purposes of a rental sector business, and

s. 118(1)(b)

the officer considers it necessary to enter the premises in order to exercise the powers under section 122 or 123 for purposes connected with any function of the authority under or by virtue of the rented accommodation legislation.

s. 118(2)

Subsection (1) does not authorise entry into premises used wholly or mainly as residential accommodation.

s. 118(3)

In the case of a routine inspection, the power in subsection (1) may only be exercised if a notice has been given to an occupier of the premises in accordance with the requirements in subsection (4), unless subsection (5) applies.

s. 118(4)

Those requirements are that—

s. 118(4)(a)

the notice is in writing and is given by an officer of the local housing authority,

s. 118(4)(b)

the notice sets out why the entry is necessary and indicates the nature of the offences under section 131(1) and (2), and

s. 118(4)(c)

there are at least 24 hours between the giving of the notice and the entry.

s. 118(5)

A notice need not be given if the occupier (or one of the occupiers if there is more than one) has waived the requirement to give notice.

s. 118(6)

In this section “routine inspection” means an exercise of the power in subsection (1) other than where—

s. 118(6)(a)

the officer reasonably considers that to give notice in accordance with subsection (3) would defeat the purpose of the entry, or

s. 118(6)(b)

it is not reasonably practicable in all the circumstances to give notice in accordance with that subsection.

s. 118(7)

An officer entering premises under subsection (1) may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

s. 118(8)

An officer entering premises under subsection (1) may take photographs or make recordings.

s. 118(9)

In this section “rental sector business” means a business connected with—

s. 118(9)(a)

the letting of residential accommodation in England,

s. 118(9)(b)

the creation of licences to occupy such accommodation,

s. 118(9)(c)

the marketing of such accommodation for the purpose of creating a tenancy or licence to occupy, or

s. 118(9)(d)

the management of such accommodation when occupied under a tenancy or licence to occupy.

s. 119 — Duties where occupiers are on business premises entered without warrant

s. 119(1)

If an officer of a local housing authority enters premises under section 118(1) and finds one or more occupiers on the premises, the officer must—

s. 119(1)(a)

produce evidence of the officer’s identity and authority to that occupier or (if there is more than one) to at least one of them, and

s. 119(1)(b)

if the entry takes place otherwise than in the course of a routine inspection, provide to that occupier or (if there is more than one) to at least one of them a document that—

s. 119(1)(b)(i)

sets out why the entry is necessary, and

s. 119(1)(b)(ii)

indicates the nature of the offences under section 131(1) and (2).

s. 119(2)

An officer need not comply with subsection (1) if it is not reasonably practicable to do so.

s. 119(3)

Proceedings resulting from the exercise of the power under section 118(1) are not invalid merely because of a failure to comply with subsection (1).

s. 120 — Business premises: warrant authorising entry

s. 120(1)

A justice of the peace may issue a warrant authorising an officer of a local housing authority who is named in the warrant to enter premises in England that are specified in the warrant if the justice of the peace is satisfied, on written information on oath given by that officer—

s. 120(1)(a)

that the officer would, in entering the premises, be acting in the course of employment by, or on the instructions of, the local housing authority, and

s. 120(1)(b)

that there are reasonable grounds for believing that—

s. 120(1)(b)(i)

the premises are occupied by a relevant person for the purposes of a rental sector business,

s. 120(1)(b)(ii)

the premises are not used wholly or mainly as residential accommodation,

s. 120(1)(b)(iii)

on the premises there are documents which an officer of the local housing authority could require a person to produce under section 122, or could seize under section 123, and

s. 120(1)(b)(iv)

condition A, B or C is met.

s. 120(2)

Condition A is that—

s. 120(2)(a)

access to the premises has been or is likely to be refused, and

s. 120(2)(b)

notice of the local housing authority’s intention to apply for a warrant under this section has been given to an occupier of the premises.

s. 120(3)

Condition B is that it is likely that documents on the premises would be concealed or interfered with if notice of entry of the premises were given to an occupier of the premises.

s. 120(4)

Condition C is that no occupier is present, and it might defeat the purpose of the entry to wait for their return.

s. 120(5)

In this section “rental sector business” has the meaning given by section 118(9).

s. 121 — Business premises: entry under warrant

s. 121(1)

A warrant under section 120 authorises the officer named in the warrant to enter the premises at any reasonable time, using reasonable force if necessary.

s. 121(2)

A warrant under that section does not authorise entry into premises used wholly or mainly as residential accommodation.

s. 121(3)

A warrant under that section ceases to have effect at the end of the period of one month beginning with the day it is issued.

s. 121(4)

An officer entering premises under a warrant under section 120 may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

s. 121(5)

An officer entering premises under a warrant under section 120 may take photographs or make recordings.

s. 121(6)

If, when the officer enters the premises, the officer finds one or more occupiers on the premises, the officer must produce the warrant for inspection to that occupier or (if there is more than one) to at least one of them.

s. 121(7)

Subsection (8) applies if no occupier is present when the premises are entered.

s. 121(8)

On leaving the premises the officer must—

s. 121(8)(a)

leave a notice on the premises stating that the premises have been entered under a warrant under section 120, and

s. 121(8)(b)

leave the premises as effectively secured against trespassers as the officer found them.

s. 122 — Power to require production of documents following entry

s. 122(1)

An officer of a local housing authority who has entered premises under section 118(1) or under a warrant under section 120 may, for the purposes mentioned in subsection (2), at any reasonable time—

s. 122(1)(a)

require a relevant person occupying the premises, or anyone on the premises acting on behalf of such a person, to produce any documents relating to the relevant business to which the person on the premises has access, and

s. 122(1)(b)

take copies of, or of any entry in, any such document.

s. 122(2)

The purposes are—

s. 122(2)(a)

to ascertain whether there has been compliance with the rented accommodation legislation where an officer of the local housing authority reasonably suspects a breach of, or an offence under, that legislation;

s. 122(2)(b)

to ascertain whether the documents may be required as evidence in proceedings for such a breach or offence.

s. 122(3)

The power in subsection (1) is available regardless of whether—

s. 122(3)(a)

the purpose for which the documents are required relates to the relevant person or some other person, or

s. 122(3)(b)

the proceedings referred to in subsection (2)(b) could be taken against the relevant person or some other person.

s. 122(4)

That power includes power to require the person to give an explanation of the documents.

s. 122(5)

Where a document required to be produced under subsection (1) contains information recorded electronically, the power in that subsection includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible.

s. 122(6)

This section does not permit an officer to require a person to create a document other than as described in subsection (5).

s. 122(7)

This section does not permit an officer to require a person to produce any document which the person would be entitled to refuse to produce in proceedings in the High Court on the grounds of legal professional privilege.

s. 122(8)

In this section “relevant business” means the business for the purposes of which the premises are occupied.

s. 123 — Power to seize documents following entry

s. 123(1)

An officer of a local housing authority who has entered premises under section 118(1) or under a warrant under section 120 may seize and detain documents which the officer reasonably suspects may be required as evidence in proceedings relating to a breach of, or an offence under, the rented accommodation legislation.

s. 123(2)

If one or more occupiers are on the premises, an officer seizing documents under this section must provide to that occupier or (if there is more than one) to at least one of them evidence of the officer’s identity and authority, before seizing the documents.

s. 123(3)

The officer need not comply with subsection (2) if it is not reasonably practicable to do so.

s. 123(4)

An officer seizing documents under this section must take reasonable steps to—

s. 123(4)(a)

inform the person from whom they are seized that they have been seized, and

s. 123(4)(b)

provide that person with a written record of what has been seized.

s. 123(5)

In determining the steps to be taken under subsection (4), an officer exercising a power under this section must have regard to any relevant provision about the seizure of property made by a code of practice under section 66 of the Police and Criminal Evidence Act 1984.

s. 123(6)

This section does not confer any power on an officer to seize from a person any document which the person would be entitled to refuse to produce in proceedings in the High Court on the grounds of legal professional privilege.

s. 123(7)

For the purpose of exercising the power under this section, the officer may, to the extent that is reasonably necessary for that purpose—

s. 123(7)(a)

require a person with authority to do so to access any electronic device in which information may be stored or from which it may be accessed, and

s. 123(7)(b)

if such a requirement has not been complied with, access the electronic device.

s. 123(8)

Documents seized under this section may not be detained—

s. 123(8)(a)

for a period of more than 3 months beginning with the day on which they were seized, or

s. 123(8)(b)

where the documents are reasonably required to be detained for a longer period by the local housing authority for the purposes of the proceedings for which they were seized, for longer than they are required for those purposes.

s. 124 — Access to seized documents

s. 124(1)

This section applies where any document seized by an officer of a local housing authority under this Chapter is detained by the officer or authority.

s. 124(2)

If a request for permission to be granted access to that document is made to the local housing authority by a person who had custody or control of it immediately before it was seized, the local housing authority must allow that person access to it under the supervision of an officer.

s. 124(3)

If a request for a photograph or copy of that document is made to the local housing authority by a person who had custody or control of it immediately before it was seized, the local housing authority must—

s. 124(3)(a)

allow that person access to it under the supervision of an officer for the purpose of photographing or copying it, or

s. 124(3)(b)

photograph or copy it, or cause it to be photographed or copied.

s. 124(4)

Where any document is photographed or copied under subsection (3), the photograph or copy must be supplied to the person who made the request within a reasonable time from the making of the request.

s. 124(5)

This section does not require access to be granted to, or a photograph or copy to be supplied of, any document if the local housing authority has reasonable grounds for believing that to do so would prejudice the doing of anything for the purposes of which it was seized.

s. 124(6)

A local housing authority may recover the reasonable costs of complying with a request under this section from the person by whom or on whose behalf it was made.

s. 124(7)

References in this section to a person who had custody or control of a document immediately before it was seized include a representative of such a person.

s. 125 — Appeal against detention of documents

s. 125(1)

Where documents are being detained as the result of the exercise of a power in this Chapter, a person with an interest in the documents may apply for an order requiring them to be released to that or another person.

s. 125(2)

An application under this section may be made—

s. 125(2)(a)

to any magistrates’ court in which proceedings have been brought for an offence as the result of the investigation in the course of which the documents were seized, or

s. 125(2)(b)

if no proceedings within paragraph (a) have been brought, by way of complaint to a magistrates’ court.

s. 125(3)

On an application under this section, the court may make an order requiring documents to be released only if satisfied that condition A or B is met.

s. 125(4)

Condition A is that—

s. 125(4)(a)

no proceedings have been brought for an offence as the result of the investigation in the course of which the documents were seized, or

s. 125(4)(b)

the period of 6 months beginning with the date the documents were seized has expired.

s. 125(5)

Condition B is that—

s. 125(5)(a)

proceedings of a kind mentioned in subsection (4)(a) have been brought, and

s. 125(5)(b)

those proceedings have been concluded.

s. 125(6)

A person aggrieved by an order made under this section by a magistrates’ court, or by the decision of a magistrates’ court not to make such an order, may appeal against the order or decision to the Crown Court.

s. 125(7)

An order made under this section by a magistrates’ court may contain such provision as the court thinks appropriate for delaying its coming into force pending the making and determination of any appeal.

s. 126 — Suspected residential tenancy: entry without warrant

s. 126(1)

A specially authorised officer of a local housing authority may enter premises in England at any reasonable time, if—

s. 126(1)(a)

the officer reasonably suspects that the premises, or part of the premises, are subject to a residential tenancy within the meaning of Part 2 (see section 63), and

s. 126(1)(b)

the officer considers it necessary to inspect the premises for the purpose of investigating whether there has been, in relation to the premises—

s. 126(1)(b)(i)

a breach of section 82(3),

s. 126(1)(b)(ii)

an offence under subsection (1) of section 92,

s. 126(1)(b)(iii)

an offence under subsection (2) of section 92 where the continuing conduct referred to in paragraph (b) of that subsection is a breach of section 82(3),

s. 126(1)(b)(iv)

an offence under subsection (3) of section 92 where the different breach referred to in paragraph (b) of that subsection is a breach of section 82(3),

s. 126(1)(b)(v)

an offence under subsection (4) of section 92 where the breach referred to in paragraph (b) of that subsection is a breach of section 82(3), or

s. 126(1)(b)(vi)

an offence under section 1 of the Protection from Eviction Act 1977, and

s. 126(1)(c)

notice has been given in accordance with the requirements of subsection (2) to— unless notice is not required as a result of subsection (3) or (4).

s. 126(1)(c)(i)

an occupier of the premises, and

s. 126(1)(c)(ii)

any person who has an estate or interest in the premises, other than a mortgagee not in possession and has supplied the local housing authority with an address for the purposes of this paragraph,

s. 126(2)

The requirements referred to in subsection (1)(c) are that—

s. 126(2)(a)

the notice is in writing and is given by an officer of the local housing authority,

s. 126(2)(b)

the notice sets out why the entry is necessary and indicates the nature of the offences under section 131(1) and (2) (obstruction), and

s. 126(2)(c)

there are at least 24 hours between the giving of the notice and the entry.

s. 126(3)

A notice need not be given to a person who has waived the requirement to give notice.

s. 126(4)

A notice need not be given in accordance with subsection (1)(c)(ii) to a person who is a residential landlord within the meaning of Part 2 (see section 63).

s. 126(5)

If— an officer of the local housing authority must give that person notice in writing of the exercise of that power within a reasonable period after its exercise.

s. 126(5)(a)

premises are entered in exercise of the power conferred by subsection (1), and

s. 126(5)(b)

notice is not given to any person because of subsection (4),

s. 126(6)

The notice must—

s. 126(6)(a)

identify the premises that were entered,

s. 126(6)(b)

state when the premises were entered, and

s. 126(6)(c)

state the purpose for which the premises were entered.

s. 126(7)

A specially authorised officer entering premises under subsection (1) may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

s. 126(8)

A specially authorised officer entering premises under subsection (1) may take photographs or make recordings.

s. 126(9)

A specially authorised officer must, if requested to do so, produce the officer’s special authorisation for inspection by a person to whom notice is required to be given under this section or anyone acting on behalf of such a person.

s. 126(10)

For the purposes of this section an officer of a local housing authority is “specially authorised” where the officer’s authorisation by the local housing authority for the purposes of the power under subsection (1) (see section 132(2))—

s. 126(10)(a)

states the particular purpose for which the officer is authorised to exercise the power, and

s. 126(10)(b)

is given by the local housing authority acting through—

s. 126(10)(b)(i)

a deputy chief officer of the authority whose duties include duties relating to a purpose within subsection (1)(b), or

s. 126(10)(b)(ii)

an officer of the authority to whom such a deputy chief officer reports directly, or is directly accountable, as respects duties so relating.

s. 127 — Duties where occupiers are on residential premises entered without warrant

s. 127(1)

If an officer of a local housing authority enters premises under section 126(1) and finds one or more occupiers on the premises, the officer must produce evidence of the officer’s identity and special authorisation to that occupier or (if there is more than one) to at least one of them.

s. 127(2)

An officer need not comply with subsection (1) if it is not reasonably practicable to do so.

s. 127(3)

Proceedings resulting from the exercise of the power under section 126(1) are not invalid merely because of a failure to comply with subsection (1).

s. 127(4)

In this section “special authorisation” has the same meaning as in section 126 (see subsection (10) of that section).

s. 128 — Suspected residential tenancy: warrant authorising entry

A justice of the peace may issue a warrant authorising an officer of a local housing authority who is named in the warrant to enter premises in England that are specified in the warrant if the justice of the peace is satisfied, on written information on oath given by that officer—

s. 128(a)

that the officer would, in entering the premises, be acting in the course of employment by, or on the instructions of, the local housing authority,

s. 128(b)

that there are reasonable grounds for suspecting that the premises, or part of the premises, are subject to a residential tenancy within the meaning of Part 2 (see section 63),

s. 128(c)

that it is necessary for the officer to inspect the premises for the purpose of investigating whether there has been, in relation to the premises, a breach or an offence mentioned in section 126(1)(b),

s. 128(d)

that—

s. 128(d)(i)

admission to the premises has been sought for the purposes of entry under section 126(1) but has been refused,

s. 128(d)(ii)

that no occupier is present and it might defeat the purpose of the entry to await their return, or

s. 128(d)(iii)

that application for admission would defeat the purpose of the entry.

s. 129 — Suspected residential tenancy: entry under warrant

s. 129(1)

A warrant under section 128 authorises the officer named in the warrant to enter the premises at any reasonable time, using reasonable force if necessary.

s. 129(2)

A warrant under that section ceases to have effect when the inspection of the premises has been completed.

s. 129(3)

An officer entering premises under a warrant under section 128 may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

s. 129(4)

An officer entering premises under section 128 may take photographs or make recordings.

s. 129(5)

If, when the officer enters the premises, the officer finds one or more occupiers on the premises, the officer must produce the warrant for inspection to that occupier or (if there is more than one) to at least one of them.

s. 129(6)

Subsection (7) applies if no occupier is present when the premises are entered.

s. 129(7)

On leaving the premises the officer must—

s. 129(7)(a)

leave a notice on the premises stating that the premises have been entered under a warrant under section 128, and

s. 129(7)(b)

leave the premises as effectively secured against trespassers as the officer found them.

s. 130 — Powers of accompanying persons

A person who accompanies an officer of a local housing authority entering premises under, or under a warrant under, this Chapter—

s. 130(a)

has the same powers under this Chapter as the officer in relation to the premises, but

s. 130(b)

must exercise those powers only in the company, and under the supervision, of the officer.

s. 131 — Offences

s. 131(1)

A person commits an offence if the person—

s. 131(1)(a)

without reasonable excuse obstructs an officer of a local housing authority who is exercising or seeking to exercise in accordance with this Chapter a power under any provision of this Chapter other than section 115,

s. 131(1)(b)

without reasonable excuse fails to comply with a requirement properly imposed by an officer of a local housing authority under any provision of this Chapter other than section 115, or

s. 131(1)(c)

without reasonable cause fails to give an officer of a local housing authority any other assistance or information which the officer reasonably requires of the person for the purpose of exercising a power under any provision of this Chapter other than section 115.

s. 131(2)

A person commits an offence if, in giving information to an officer who is exercising or seeking to exercise a power under this Chapter, the person—

s. 131(2)(a)

makes a statement which the person knows is false or misleading in a material respect, or

s. 131(2)(b)

recklessly makes a statement which is false or misleading in a material respect.

s. 131(3)

A person who is not an officer of a local housing authority commits an offence if the person purports to act as such under this Chapter.

s. 131(4)

A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

s. 131(5)

A person who is guilty of an offence under subsection (3) is liable on summary conviction to a fine.

s. 131(6)

Nothing in this section requires a person to answer any question or give any information if to do so might incriminate that person.

s. 132 — Investigatory powers: interpretation

s. 132(1)

In this Chapter— “document” includes information recorded in any form; “give”— in relation to a notice to an occupier of premises, includes delivering or leaving it at the premises or sending it there by post, and “given”, in relation to such a notice, is to be read accordingly; in relation to a notice to a person referred to in section 126(1)(c)(ii), includes delivering or leaving it at the address supplied by the person or sending it to that address by post, and “given”, in relation to such a notice, is to be read accordingly; “occupier”, in relation to premises, means any person an officer of a local housing authority reasonably suspects to be an occupier of the premises; “premises” includes any stall, vehicle, vessel or aircraft; “relevant person”: see section 114(2); “the rented accommodation legislation”: see section 115(3).

s. 132(2)

References in this Chapter to an officer—

s. 132(2)(a)

are to a person authorised in writing by a local housing authority to exercise powers under this Chapter, and

s. 132(2)(b)

in relation to a particular power only cover a particular officer if and to the extent that the officer has been authorised to exercise that power.

s. 132(3)

References in this Chapter to the functions of a local housing authority by virtue of particular legislation include references to any function of the authority of investigating whether an offence has been committed under that legislation.

s. 132(4)

A duty or power to process information that is imposed or conferred by, or by virtue of, this Chapter does not operate to authorise the processing of information which would contravene—

s. 132(4)(a)

the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation), or

s. 132(4)(b)

Parts 1 to 7 or Chapter 9 of the Investigatory Powers Act 2016.

s. 132(5)

In subsection (4) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

s. 133 — Additional powers of seizure under Criminal Justice and Police Act 2001

In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001, at the end insert—

s. 134 — Use by local housing authority of certain information

s. 134(1)

Section 212A of the Housing Act 2004 (tenancy deposit schemes: provision of information to local authorities) is amended in accordance with subsections (2) and (3).

s. 134(2)

In subsection (5), after paragraph (a) (but before the “or” at the end) insert— .

s. 134(3)

In subsection (5), in paragraph (b), for “of those Parts in relation to any premises” substitute “provision mentioned in paragraphs (a) to (ab) in relation to premises or qualifying residential premises (as the case may be)”.

s. 134(4)

Section 237 of the Housing Act 2004 (use of housing benefit and council tax information for certain other statutory purposes) is amended in accordance with subsections (5) and (6).

s. 134(5)

In subsection (1), after paragraph (a) (but before the “or” at the end) insert— .

s. 134(6)

In subsection (1), in paragraph (b), for “of those Parts in relation to any premises” substitute “provision mentioned in paragraphs (a) to (ab) in relation to premises or qualifying residential premises (as the case may be).

s. 135 — Investigatory powers under the Housing Act 2004

s. 135(1)

In section 235 of the Housing Act 2004 (power to require documents to be produced), in subsection (1)—

s. 135(1)(a)

after paragraph (a) (but before the “or” at the end) insert— ;

s. 135(1)(b)

in paragraph (b) for “those Parts in relation to any premises” substitute “Parts 1 to 4 in relation to any premises or under this Part in relation to any qualifying residential premises within the meaning given by section 2B”.

s. 135(2)

In section 239 of that Act (powers of entry), after subsection (5) insert—

s. 136 — Client money protection schemes: investigatory powers of local authorities

In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 (duties and powers to which Schedule 5 applies), at the appropriate place insert— .

Part 5

General

s. 137 — Interpretation

In this Act— “lease” includes any tenancy; “local housing authority” (except in section 47) means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London (in its capacity as a local authority) or the Council of the Isles of Scilly; “the 1988 Act” means the Housing Act 1988.

s. 138 — Crown application

s. 138(1)

Subject to subsections (2) to (8), this Act and any regulations made under it bind the Crown.

s. 138(2)

Sections 67 and 92 do not bind the Crown.

s. 138(3)

In paragraph (b) of section 66(1) as it applies by virtue of subsection (1), the reference to a person committing an offence under section 67 is to be read as a reference to the person satisfying the conditions in subsection (1)(a) and (b), (2)(a) and (b), or (3)(a) and (b) of that section.

s. 138(4)

In paragraph (b) of section 91(1) as it applies by virtue of subsection (1), the reference to a person committing an offence under section 92 is to be read as a reference to the person either—

s. 138(4)(a)

knowingly or recklessly providing information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under Chapter 3 of Part 2, or

s. 138(4)(b)

satisfying the conditions in subsection (2)(a) and (b), (3)(a) and (b), or (4)(a) and (b) of section 92.

s. 138(5)

Sections 118 to 130 do not bind the Crown.

s. 138(6)

Nothing in section 131 makes the Crown criminally liable.

s. 138(7)

The High Court may declare unlawful any act or omission for which the Crown would be criminally liable under section 131 but for subsection (6).

s. 138(8)

An amendment or repeal made by this Act binds the Crown to the extent that the provision amended or repealed binds the Crown (but in the case of an amendment of the 1988 Act, this is subject to the amendments made by section 18).

s. 138(9)

Nothing in this section affects the criminal liability of persons in the service of the Crown.

s. 139 — Application to Parliament

s. 139(1)

Where regulations under section 63(4)(b) provide for the meaning of “relevant tenancy” given by that section to include a tenancy or licence under which a dwelling is occupied for the purposes of either House of Parliament, Part 2 (and Part 3 so far as relating to Part 2) has effect in its application in relation to such a tenancy or licence with the following modifications—

s. 139(1)(a)

sections 67 and 92 do not apply;

s. 139(1)(b)

in paragraph (b) of section 66(1), the reference to a person committing an offence under section 67 is to be read as a reference to the person satisfying the conditions in subsection (1)(a) and (b), (2)(a) and (b), or (3)(a) and (b) of that section;

s. 139(1)(c)

in paragraph (b) of section 91(1), the reference to a person committing an offence under section 92 is to be read as a reference to the person either—

s. 139(1)(c)(i)

knowingly or recklessly providing information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under Chapter 3, or

s. 139(1)(c)(ii)

satisfying the conditions in subsection (2)(a) and (b), (3)(a) and (b), or (4)(a) and (b) of section 92.

s. 139(2)

The following provisions do not apply in relation to premises that are occupied for the purposes of either House of Parliament—

s. 139(2)(a)

Chapter 3 of Part 1;

s. 139(2)(b)

sections 114 and 118 to 130.

s. 139(3)

Nothing in section 131 makes the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords criminally liable.

s. 139(4)

The High Court may declare unlawful any act or omission for which the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords would be criminally liable under section 131 but for subsection (3).

s. 139(5)

Nothing in this section affects the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996).

s. 140 — Regulations

s. 140(1)

A power to make regulations under this Act includes power to make—

s. 140(1)(a)

consequential, supplementary, incidental, transitional or saving provision;

s. 140(1)(b)

different provision for different purposes or areas;

s. 140(1)(c)

the full provision to which the power extends or any less provision (whether by way of exception or otherwise).

s. 140(2)

The power of the Secretary of State and the Scottish Ministers under subsection (1)(a) to make transitional provision includes power to provide for regulations to apply (with or without modifications) in relation to tenancies or licences entered into, or advertising begun, before the date on which the regulations come into force.

s. 140(3)

The power of the Welsh Ministers under subsection (1)(a) to make transitional provision includes power to provide for regulations to apply (with or without modifications) in relation to occupation contracts granted, renewed or continued, or advertising begun, before the date on which the regulations come into force.

s. 140(4)

Regulations under this Act are to be made by statutory instrument, except where they are made by the Scottish Ministers (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

s. 140(5)

A statutory instrument containing regulations under section 13(2), 30, 39, 48, 54, 63, 64, 65, 77, 82(4), 83(6), 86, 87(2), or 90(2) or 101 or paragraph 32 of Schedule 6 (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

s. 140(6)

Any other statutory instrument containing regulations under this Act made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament, unless it contains regulations under section 111(3) only.

s. 140(7)

A statutory instrument containing regulations made by the Welsh Ministers under section 47 may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

s. 140(8)

Regulations made by the Scottish Ministers under section 53 are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

s. 140(9)

If a draft of a statutory instrument containing regulations under section 64 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

s. 140(10)

This section does not apply to regulations under this Part.

s. 141 — Power of Welsh Ministers to make consequential provision

s. 141(1)

The Welsh Ministers may by regulations made by statutory instrument make provision that is consequential on Part 1.

s. 141(2)

Regulations under this section may amend, repeal or revoke provision made by or under—

s. 141(2)(a)

an Act or Measure of Senedd Cymru passed before this Act, or

s. 141(2)(b)

an Act passed—

s. 141(2)(b)(i)

before this Act, or

s. 141(2)(b)(ii)

later in the same session of Parliament as this Act.

s. 141(3)

The power to make regulations under this section includes power to make—

s. 141(3)(a)

supplementary, incidental, transitional or saving provision;

s. 141(3)(b)

different provision for different purposes.

s. 141(4)

The power under subsection (3)(a) to make transitional provision includes power to provide for the regulations to apply (with or without modifications) in relation to occupation contracts granted, renewed or continued, or advertising begun, before the date on which the regulations come into force.

s. 141(5)

Regulations under this section may only make provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.

s. 141(6)

A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal provision made by an Act or Measure of Senedd Cymru, or by an Act, may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

s. 141(7)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.

s. 142 — Power of Scottish Ministers to make consequential provision

s. 142(1)

The Scottish Ministers may by regulations make provision that is consequential on Chapter 5 of Part 1 (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), as a result of which such regulations are to be made by Scottish statutory instrument).

s. 142(2)

Regulations under this section may amend, repeal or revoke provision made by or under—

s. 142(2)(a)

an Act of the Scottish Parliament passed before this Act, or

s. 142(2)(b)

an Act passed—

s. 142(2)(b)(i)

before this Act, or

s. 142(2)(b)(ii)

later in the same session of Parliament as this Act.

s. 142(3)

The power to make regulations under this section includes power to make—

s. 142(3)(a)

supplementary, incidental, transitional or saving provision;

s. 142(3)(b)

different provision for different purposes.

s. 142(4)

The power under subsection (3)(a) to make transitional provision includes power to provide for the regulations to apply (with or without modifications) in relation to tenancies entered into, or advertising begun, before the date on which the regulations come into force.

s. 142(5)

Regulations under this section may only make provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.

s. 142(6)

Regulations made under this section that amend or repeal provision made by an Act of the Scottish Parliament, or by an Act, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

s. 142(7)

Any other regulations made under this section are subject to the negative procedure (see section 28 of that Act).

s. 143 — Power of Secretary of State to make consequential provision

s. 143(1)

The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.

s. 143(2)

Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—

s. 143(2)(a)

before this Act, or

s. 143(2)(b)

later in the same session of Parliament as this Act.

s. 143(3)

The power to make regulations under this section includes power to make—

s. 143(3)(a)

supplementary, incidental, transitional or saving provision;

s. 143(3)(b)

different provision for different purposes.

s. 143(4)

The power under subsection (3)(a) to make transitional provision includes—

s. 143(4)(a)

power to provide for the regulations to apply (with or without modifications) in relation to tenancies or licences entered into, or advertising begun, before the date on which the regulations come into force;

s. 143(4)(b)

in relation to regulations that make provision that is consequential on Chapter 1 or 2 of Part 1, power to provide for pre-application instruments which the Secretary of State considers do not (or will not) operate appropriately as a result of any provision of the regulations to—

s. 143(4)(b)(i)

have effect with specified modifications, or

s. 143(4)(b)(ii)

cease to have effect (in whole or in part).

s. 143(5)

For the purposes of subsection (4)(b)—

s. 143(5)(a)

“pre-application instrument” means an agreement or other instrument made before the regulations come into force;

s. 143(5)(b)

the circumstances in which the Secretary of State may consider that a pre-application instrument does not operate appropriately as a result of regulations under this section include (but are not limited to) those in which—

s. 143(5)(b)(i)

as a result of any provision of the regulations, provision made by the instrument is to any extent spent, obsolete, unnecessary or otherwise not of practical utility;

s. 143(5)(b)(ii)

as a result of any provision of the regulations, it is unclear what the effect is of provision made by the instrument;

s. 143(5)(b)(iii)

as a result of any provision of the regulations, a person may be placed in breach of obligations arising under the instrument or made subject to more burdensome obligations under the instrument;

s. 143(5)(b)(iv)

the instrument makes direct or indirect reference to any enactment as it had effect before being amended by the regulations.

s. 143(6)

Regulations made by virtue of subsection (4)(b) must provide that they do not prevent—

s. 143(6)(a)

the variation or revocation of provision modified by the regulations, or

s. 143(6)(b)

the re-making of provision that has ceased to have effect as a result of the regulations.

s. 143(7)

Regulations made by virtue of subsection (4)(b) may apply to an instrument as it has effect in relation to times before the coming into force of the regulations but after the day on which Chapter 1 or 2 of Part 1 (as the case may be) comes into force.

s. 143(8)

A statutory instrument containing (whether alone or with other provision) regulations under this section that— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

s. 143(8)(a)

amend or repeal provision made by an Act, or

s. 143(8)(b)

are made by virtue of subsection (4)(b),

s. 143(9)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

s. 144 — Extent

s. 144(1)

This Act extends to England and Wales only, subject to subsections (2) to (4).

s. 144(2)

Part 1, Chapter 5 extends to Scotland only.

s. 144(3)

This Part extends to England and Wales and Scotland.

s. 144(4)

An amendment or repeal made by this Act has the same extent as the provision amended or repealed.

s. 145 — Commencement

s. 145(1)

This Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint, subject to subsections (2) to (6).

s. 145(2)

This Act comes into force for the purposes of making regulations on the day on which it is passed.

s. 145(3)

Chapter 4 of Part 1 comes into force on such day as the Welsh Ministers by order made by statutory instrument appoint.

s. 145(4)

Chapter 5 of Part 1 comes into force on such day as the Scottish Ministers may by regulations appoint (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), as a result of which such regulations are to be made by Scottish statutory instrument).

s. 145(5)

The following come into force at the end of the period of two months beginning with the day on which this Act is passed—

s. 145(5)(a)

Chapter 2 of Part 1;

s. 145(5)(b)

section 59;

s. 145(5)(c)

section 110;

s. 145(5)(d)

Chapter 3 of Part 4.

s. 145(6)

Section 111 and this Part come into force on the day on which this Act is passed.

s. 145(7)

Different days may be appointed under this section for different purposes, subject to subsection (8).

s. 145(8)

Different days may be appointed for different purposes in relation to Chapter 1 of Part 1 only so that— and here “social housing assured tenancy” means an assured tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing.

s. 145(8)(a)

one day is appointed for the purposes of assured tenancies that are not social housing assured tenancies, and

s. 145(8)(b)

one or more different days are appointed for the purposes of social housing assured tenancies;

s. 146 — Existing assured tenancies to continue as section 4A assured tenancies

s. 146(1)

The commencement of Chapter 1 of Part 1 (which, in particular, has the effect that, on the commencement date, an existing tenancy becomes a section 4A assured tenancy) does not affect the continuation of an existing tenancy on and after the commencement date (as a section 4A assured tenancy that is subject to the other provisions of that Chapter).

s. 146(2)

Schedule 6 contains transitional provision.

s. 146(3)

In this section— “commencement date” means the day on which Chapter 1 of Part 1 comes into force in accordance with section 145 (and accordingly where different days are appointed for different purposes in relation to that Chapter, a reference in this Act to the commencement date is a reference to the day on which that Chapter comes into force for the purposes of the tenancy to which the reference relates); “existing tenancy” means an assured tenancy which is entered into before the commencement date; “section 4A assured tenancy” means an assured tenancy to which section 4A of the 1988 Act (as inserted by section 1 of this Act) applies.

s. 147 — Fixed term assured tenancy and statutory periodic tenancy to be treated as single assured tenancy

s. 147(1)

For the purposes of the relevant provisions, a fixed term assured tenancy and a periodic tenancy that arises on its expiry by virtue of section 5 of the 1988 Act are to be treated as a single assured tenancy which—

s. 147(1)(a)

is entered into when the fixed term tenancy was entered into, and

s. 147(1)(b)

becomes a periodic tenancy on the expiry of the fixed term.

s. 147(2)

In this section, “the relevant provisions” means—

s. 147(2)(a)

section 146,

s. 147(2)(b)

Schedule 6,

s. 147(2)(c)

section 5 of the Protection from Eviction Act 1977 as amended by section 20, and

s. 147(2)(d)

Part 1 of the 1988 Act as amended by Chapter 1 of Part 1.

s. 147(3)

The Secretary of State may by regulations amend this section to provide for this section to apply for the purposes of other provision made by or under an Act passed before or later in the same session as this Act.

s. 147(4)

A statutory instrument containing regulations under this section (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

s. 147(5)

Regulations under this section may make different provision for different purposes.

s. 147(6)

Regulations under this section are to be made by statutory instrument.

s. 148 — Transitional provision

s. 148(1)

The Welsh Ministers may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any provision of Chapter 4 of Part 1.

s. 148(2)

The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of any provision of Chapter 5 of Part 1 (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), as a result of which such regulations are to be made by Scottish statutory instrument).

s. 148(3)

The Secretary of State may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any other provision of this Act.

s. 148(4)

The power to make regulations under subsection (1) includes power to provide for a provision of Chapter 4 of Part 1 to apply (with or without modifications) in relation to occupation contracts granted, renewed or continued, or advertising begun, before the date on which the provision comes into force.

s. 148(5)

The power to make regulations under subsection (2) includes power to provide for a provision of Chapter 5 of Part 1 to apply (with or without modifications) in relation to tenancies entered into, or advertising begun, before the date on which the provision comes into force.

s. 148(6)

The power to make regulations under subsection (3) includes power to amend or repeal any provision made by Part 2 of Schedule 6 to this Act.

s. 148(7)

The power to make regulations under subsection (3) includes—

s. 148(7)(a)

power to provide for a provision of this Act to apply (with or without modifications) in relation to tenancies or licences entered into, or advertising begun, before the date on which the provision comes into force, and

s. 148(7)(b)

power to provide for pre-application instruments which the Secretary of State considers do not (or will not) operate appropriately as a result of any provision of Chapter 1 or 2 of Part 1 to—

s. 148(7)(b)(i)

have effect with specified modifications, or

s. 148(7)(b)(ii)

cease to have effect (in whole or in part).

s. 148(8)

For the purposes of subsection (7)(b)—

s. 148(8)(a)

“pre-application instrument” means an agreement or other instrument entered into—

s. 148(8)(a)(i)

before the commencement date, or

s. 148(8)(a)(ii)

on or after that date either under a contract entered into before that date or by the acceptance of an offer made before that date;

s. 148(8)(b)

the circumstances in which the Secretary of State may consider that a pre-application instrument does not operate appropriately as a result of Chapter 1 or 2 of Part 1 include (but are not limited to) those in which—

s. 148(8)(b)(i)

as a result of any provision of Chapter 1 or 2 of Part 1, provision made by the instrument is to any extent spent, obsolete, unnecessary or otherwise not of practical utility;

s. 148(8)(b)(ii)

as a result of any provision of Chapter 1 or 2 of Part 1, it is unclear what the effect is of provision made by the instrument;

s. 148(8)(b)(iii)

as a result of any provision of Chapter 1 or 2 of Part 1, a person may be placed in breach of obligations arising under the instrument or made subject to more burdensome obligations under the instrument;

s. 148(8)(b)(iv)

the instrument makes direct or indirect reference to fixed term assured tenancies or assured shorthold tenancies (within the meaning of Part 1 of the 1988 Act as it had effect immediately before the commencement date);

s. 148(8)(b)(v)

the instrument makes direct or indirect reference to periodic assured tenancies that are not relevant assured tenancies within the meaning given by Part 2 of Schedule 6;

s. 148(8)(b)(vi)

the instrument otherwise makes direct or indirect reference to any enactment as it had effect before being amended by Chapter 1 or 2 of Part 1.

s. 148(9)

Regulations made by virtue of subsection (7)(b) must provide that they do not prevent—

s. 148(9)(a)

the variation or revocation of provision modified by the regulations, or

s. 148(9)(b)

the re-making of provision that has ceased to have effect as a result of the regulations.

s. 148(10)

Regulations made by virtue of subsection (7)(b) may apply to an instrument as it has effect in relation to times before the coming into force of the regulations but after the day on which Chapter 1 or 2 of Part 1 (as the case may be) comes into force.

s. 148(11)

A statutory instrument containing (whether alone or with other provision) regulations under subsection (3) that— may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

s. 148(11)(a)

fall within subsection (7)(b), or

s. 148(11)(b)

amend or repeal provision made by Part 2 of Schedule 6 to this Act,

s. 148(12)

In this section “the commencement date” has the meaning given by section 146(3).

s. 148(13)

The powers under this section include power to make different provision for different purposes.

s. 149 — Short title

This Act may be cited as the Renters’ Rights Act 2025.

Sch 1

Changes to grounds for possession

Sch 1 para 1 — Introductory

Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let on assured tenancies) is amended as follows.

Sch 1 para 2 — Amendments of Ground 1: occupation by landlord or family

For Ground 1 (excluding the italic heading) substitute—

Sch 1 para 3 — New ground for sale of dwelling-house

After Ground 1 insert—

Sch 1 para 4 — New ground for possession after rent-to-buy agreement

After Ground 1A (inserted by paragraph 3 of this Schedule) insert—

Sch 1 para 5 — Amendments of Ground 2: sale by mortgagee

In Ground 2—

Sch 1 para 5(a)

in the words before paragraph (a) omit “granted before the beginning of the tenancy”;

Sch 1 para 5(b)

omit paragraph (c) (and the “and” before it).

Sch 1 para 6 — New ground for possession when superior lease ends

After Ground 2 insert—

Sch 1 para 7 — New grounds for possession in cases where there is a superior lease

After Ground 2ZA (inserted by paragraph 6 of this Schedule) insert—

Sch 1 para 8 — Repeal of Ground 3: holiday accommodation

Omit Ground 3.

Sch 1 para 9 — Amendments of Ground 4: student accommodation

In Ground 4—

Sch 1 para 9(a)

omit the opening words;

Sch 1 para 9(b)

omit paragraph (a) (together with the final “and”);

Sch 1 para 9(c)

paragraph (b) becomes an unnumbered paragraph;

Sch 1 para 9(d)

after that unnumbered paragraph insert

Sch 1 para 10 — New ground for possession of student accommodation for occupation by students

After Ground 4 insert—

Sch 1 para 11 — Amendment of Ground 5: ministers of religion

In Ground 5—

Sch 1 para 11(a)

omit paragraph (a) (together with the final “and”);

Sch 1 para 11(b)

after paragraph (b) insert—

Sch 1 para 12 — New ground for possession for occupation by agricultural worker

After Ground 5 insert—

Sch 1 para 13 — New ground for possession for occupation by person who meets employment requirements

After Ground 5A (inserted by paragraph 12 of this Schedule) insert—

Sch 1 para 14 — Ground 16 to be renumbered as Ground 5C and to be a mandatory ground for possession

Sch 1 para 14(1)

Ground 16 in Part 2 of Schedule 2, together with the italic heading before it, moves to after Ground 5B (inserted by paragraph 13 of this Schedule) and becomes Ground 5C in Part 1 of that Schedule.

Sch 1 para 14(2)

For the first paragraph of the new Ground 5C substitute—

Sch 1 para 14(3)

After the second paragraph of the new Ground 5C insert—

Sch 1 para 14(4)

In the italic heading, for “16” substitute “5C”.

Sch 1 para 15 — New ground for possession for end of employment requirements

After Ground 5C (as renumbered by paragraph 14 of this Schedule) insert—

Sch 1 para 16 — New ground for possession for occupation as supported accommodation

After Ground 5D (inserted by paragraph 15 of this Schedule) insert—

Sch 1 para 17 — New grounds for possession of dwelling-house occupied as supported accommodation

Sch 1 para 17(1)

After Ground 5E (inserted by paragraph 16 of this Schedule) insert—

Sch 1 para 17(2)

After Ground 17 insert—

Sch 1 para 18 — New ground for possession for tenancy granted for homelessness duty

After Ground 5F (inserted by paragraph 17 of this Schedule) insert—

Sch 1 para 19 — New ground for possession of stepping stone accommodation

After Ground 5G (inserted by paragraph 18 of this Schedule) insert—

Sch 1 para 20 — Amendments of Ground 6: redevelopment

For Ground 6 (excluding the italic heading) substitute—

Sch 1 para 21 — New ground for possession of alternative accommodation provided during redevelopment

After Ground 6 insert—

Sch 1 para 22 — New ground for possession to allow compliance with enforcement action

After Ground 6A (inserted by paragraph 21) insert—

Sch 1 para 23 — Amendments of Ground 7: death of tenant

In Ground 7—

Sch 1 para 23(a)

in the first unnumbered paragraph for the words from “The tenancy” to “devolved” insert “The tenancy has devolved on a person (the “new tenant”)”;

Sch 1 para 23(b)

after the first unnumbered paragraph insert—

Sch 1 para 23(c)

omit the third unnumbered paragraph.

Sch 1 para 24 — Amendments of Ground 8: rent arrears

In Ground 8—

Sch 1 para 24(a)

in paragraph (a), for “eight” substitute “thirteen”;

Sch 1 para 24(b)

in paragraph (b), for “two” substitute “three”;

Sch 1 para 24(c)

omit paragraphs (c) and (d);

Sch 1 para 24(d)

at the end insert—

Sch 1 para 25 — Power to amend Schedule 2 and new interpretation provisions

After Part 4 of Schedule 2 to the 1988 Act insert—

Sch 2

Amendments relating to Chapter 1 of Part 1

Sch 2 para 1 — Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.

Sch 2 para 2 — Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

In section 16 (protection of tenure of certain rented premises by extension of Housing Act 1988) as it applies otherwise than to Scotland—

Sch 2 para 2(a)

omit subsection (1);

Sch 2 para 2(b)

in subsection (2)(a) omit “which is a periodic tenancy”;

Sch 2 para 2(c)

in subsection (3), for “Neither subsection (1) nor subsection (2) above applies” substitute “Subsection (2) does not apply”;

Sch 2 para 2(d)

in subsection (4), for “subsections (1) and” substitute “subsection”.

Sch 2 para 3 — Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

In section 17 (provision supplementary to section 16 of that Act) as it applies otherwise than to Scotland—

Sch 2 para 3(a)

omit subsection (1);

Sch 2 para 3(b)

in subsection (2)—

Sch 2 para 3(b)(i)

in paragraph (a) omit “which is a periodic tenancy”;

Sch 2 para 3(b)(ii)

for paragraph (b) and the words after it substitute—;

Sch 2 para 3(c)

in subsection (3) for “Neither subsection (1) nor subsection (2) above applies” substitute “Subsection (2) does not apply”.

Sch 2 para 4 — Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

In section 18 (protection of tenure under a licence or rent free letting) as it applies otherwise than to Scotland, in subsection (1), omit “a statutory periodic tenancy which is”.

Sch 2 para 5 — Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

In section 19 (limitation of application of Housing Act 1988 by virtue of sections 16 to 18 of that Act) as it applies otherwise than to Scotland—

Sch 2 para 5(a)

in paragraph (a) omit “the statutory periodic tenancy which is deemed to arise or, as the case may be,”;

Sch 2 para 5(b)

in paragraph (b) omit “before the time when that statutory periodic tenancy was deemed to arise or, as the case may be,”.

Sch 2 para 6 — Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

In section 20 (modifications) as it applies otherwise than to Scotland—

Sch 2 para 6(a)

in subsection (2)—

Sch 2 para 6(a)(i)

in the opening words, for “Ground 16” substitute “Ground 5C”;

Sch 2 para 6(a)(ii)

in paragraph (b) omit “statutory periodic tenancy or”;

Sch 2 para 6(b)

in subsection (3), in the words before paragraph (a), for “16” substitute “18”.

Sch 2 para 7 — Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

In section 23 (interpretation) omit the definitions of “fixed term tenancy” and “statutory periodic tenancy”.

Sch 2 para 8 — Greater London Council (General Powers) Act 1973

In section 25 of the Greater London Council (General Powers) Act 1973 (provision of temporary sleeping accommodation to constitute material change of use), in subsection (2)—

Sch 2 para 8(a)

in paragraph (a), after “person” insert “otherwise than under or by virtue of an assured tenancy”;

Sch 2 para 8(b)

after that paragraph insert—

Sch 2 para 9 — Housing Act 1985

The Housing Act 1985 is amended as follows.

Sch 2 para 10 — Housing Act 1985

In section 81ZA (grant of secure tenancies in cases of domestic abuse), in subsection (4), in the definition of “qualifying tenancy”, in paragraph (b), omit sub-paragraph (i).

Sch 2 para 11 — Housing Act 1985

In section 81B (cases where old-style English secure tenancies may be granted), in subsection (2C), in the definition of “qualifying tenancy”, in paragraph (b), omit “which is not an assured shorthold tenancy and”;

Sch 2 para 12 — Housing Act 1985

In section 82A (demotion because of anti-social behaviour)—

Sch 2 para 12(a)

in subsection (1), omit paragraphs (ba) and (c);

Sch 2 para 12(b)

in subsection (8), omit paragraph (b).

Sch 2 para 13 — Housing Act 1985

In section 171B (extent of preserved right), omit subsection (1A).

Sch 2 para 14 — Housing Act 1985

In section 553 (effect of repurchase on certain existing tenancies (England)), in subsection (2)—

Sch 2 para 14(a)

in paragraph (a), omit the words “or an assured tenancy”;

Sch 2 para 14(b)

in paragraph (b), omit the words from “or in accordance” to the end of that paragraph (including the “and” at the end of that paragraph);

Sch 2 para 14(c)

omit paragraph (c).

Sch 2 para 15 — Housing Act 1985

In section 554 (grant of tenancy to former owner-occupier), in subsection (3)—

Sch 2 para 15(a)

omit paragraph (c) (and the “or” at the end of that paragraph);

Sch 2 para 15(b)

after paragraph (b), insert—.

Sch 2 para 16 — Housing Act 1985

In Part 4 of Schedule 2 (grounds for possession: secure tenancies), in paragraph (1)(c), omit the words from “which is neither” to the end of that paragraph.

Sch 2 para 17 — Housing Act 1985

In Schedule 3 (grounds for withholding consent to assignment by way of exchange), in ground 2A, in the definition of “demotion order”, omit “or section 6A of the Housing Act 1988”.

Sch 2 para 18 — Landlord and Tenant Act 1985

In section 13(1A) of the Landlord and Tenant Act 1985 (as amended by section 31) omit paragraph (b) and the “or” before it.

Sch 2 para 19 — Agricultural Holdings Act 1986

In Schedule 3 to the Agricultural Holdings Act 1986 (cases where consent of tribunal to operation of notice to quit is not required), in Part 2, in paragraph 3—

Sch 2 para 19(a)

in sub-paragraph (1), for paragraphs (c) and (d) substitute—;

Sch 2 para 19(b)

omit sub-paragraph (2).

Sch 2 para 20 — Housing Act 1988

The 1988 Act is amended as follows.

Sch 2 para 21 — Housing Act 1988

In section 1 (assured tenancies), in subsection (5), omit “(and under any statutory periodic tenancy which arises on the coming to an end of that tenancy)”.

Sch 2 para 22 — Housing Act 1988

In section 1A (application of Chapters 1, 2 and 3 of Part 1 to dwelling in Wales), in subsection (3), after “tenancy” insert “, without the amendments made by the Renters’ Rights Act 2025”.

Sch 2 para 23 — Housing Act 1988

In section 5 (security of tenure)—

Sch 2 para 23(a)

in subsection (1)—

Sch 2 para 23(a)(i)

in paragraph (a)(i) omit “or 21”;

Sch 2 para 23(a)(ii)

omit paragraphs (b) and (c) (but not the “or” after them);

Sch 2 para 23(a)(iii)

in the words after paragraph (d), for “a periodic” substitute “an”;

Sch 2 para 23(b)

omit subsections (2) to (7).

Sch 2 para 24 — Housing Act 1988

Omit section 6.

Sch 2 para 25 — Housing Act 1988

In section 9 (extended discretion of court in possession claims), in subsection (6), omit paragraph (b) and the “or” before it.

Sch 2 para 26 — Housing Act 1988

In section 10A (power to order transfer of tenancy in certain cases) omit subsection (8).

Sch 2 para 27 — Housing Act 1988

In section 15 (limited prohibition on assignment etc. without consent), in subsection (3), omit “a statutory periodic tenancy or”.

Sch 2 para 28 — Housing Act 1988

In section 17 (succession to assured tenancy)—

Sch 2 para 28(a)

in subsection (1)(a), omit “periodic”;

Sch 2 para 28(b)

in subsection (1A)(a), omit “periodic”;

Sch 2 para 28(c)

omit subsection (1B);

Sch 2 para 28(d)

omit subsection (1C);

Sch 2 para 28(e)

in subsection (1D), for “, (1A), (1B) or (1C)” substitute “or (1A)”;

Sch 2 para 28(f)

in subsection (5), omit “or (1B)(c) above”;

Sch 2 para 28(g)

in subsection (6), omit “, (1C)”;

Sch 2 para 28(h)

omit subsection (7).

Sch 2 para 29 — Housing Act 1988

In section 18 (provisions as to reversions on assured tenancies)—

Sch 2 para 29(a)

in subsection (3)—

Sch 2 para 29(a)(i)

in the words before paragraph (a) omit “which is a periodic tenancy (including a statutory periodic tenancy)”;

Sch 2 para 29(a)(ii)

omit paragraph (a) and the “or” after it;

Sch 2 para 29(a)(iii)

in paragraph (b), for “periodic” substitute “assured”;

Sch 2 para 29(a)(iv)

in the words after paragraph (b), for “periodic” substitute “assured”;

Sch 2 para 29(b)

omit subsection (4).

Sch 2 para 30 — Housing Act 1988

In section 34 (restrictions on new protected tenancies and agricultural occupancies) omit subsection (3).

Sch 2 para 31 — Housing Act 1988

In section 37 (no further assured tenancies under Housing Act 1980), in subsection (5), omit “(and under any statutory periodic tenancy which arises on the coming to an end of that tenancy)”.

Sch 2 para 32 — Housing Act 1988

Sch 2 para 32(1)

Section 39 (statutory tenants: succession) is amended as follows.

Sch 2 para 32(2)

In subsection (5), in the words after paragraph (b), omit “periodic”.

Sch 2 para 32(3)

In subsection (6)—

Sch 2 para 32(3)(a)

in the words before paragraph (a), omit “periodic”;

Sch 2 para 32(3)(b)

in paragraph (d), after the second “tenancy” insert “(but this is subject to section 4A)”;

Sch 2 para 32(3)(c)

in paragraph (e), for “sections 13 to 15” substitute “sections 13 to 16B”;

Sch 2 para 32(3)(d)

omit paragraph (f).

Sch 2 para 32(4)

Omit subsection (7).

Sch 2 para 32(5)

In subsection (8)—

Sch 2 para 32(5)(a)

omit “periodic”;

Sch 2 para 32(5)(b)

after “above)” insert “; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled”.

Sch 2 para 32(6)

For subsection (9) substitute—

Sch 2 para 33 — Housing Act 1988

In section 41 (rent assessment committees: procedure and information powers), in subsection (2), omit “or Chapter II”.

Sch 2 para 34 — Housing Act 1988

In section 41A (amounts attributable to services) omit “or 22”.

Sch 2 para 35 — Housing Act 1988

In section 45 (interpretation of Part 1)—

Sch 2 para 35(a)

in subsection (1) omit the definition of “statutory periodic tenancy”;

Sch 2 para 35(b)

in subsection (2) omit “Subject to paragraph 11 of Schedule 2 to this Act,”.

Sch 2 para 36 — Housing Act 1988

In Schedule 2 (grounds for possession)—

Sch 2 para 36(a)

in Part 3, in paragraph 2(a), omit the words from “other than—” to the end of sub-paragraph (ii) (but not the “, or” at the end of the paragraph);

Sch 2 para 36(b)

omit Part 4.

Sch 2 para 37 — Housing Act 1988

In Schedule 4 (statutory tenants: succession), in Part 3, omit paragraph 24.

Sch 2 para 38 — Local Government and Housing Act 1989

The Local Government and Housing Act 1989 is amended as follows.

Sch 2 para 39 — Local Government and Housing Act 1989

In Schedule 10 (security of tenure on ending of long residential tenancies)—

Sch 2 para 39(a)

in paragraph 5(1)(a), omit “, other than Ground 16”;

Sch 2 para 39(b)

for paragraph 5(2) substitute—;

Sch 2 para 39(c)

in paragraph 6(3)(c)—

Sch 2 para 39(c)(i)

omit “(other than an assured shorthold tenancy)”;

Sch 2 para 39(c)(ii)

for “5” substitute “5H”;

Sch 2 para 39(d)

in paragraph 11(3)—

Sch 2 para 39(d)(i)

in the opening words, omit “(not being an assured shorthold tenancy)”;

Sch 2 para 39(d)(ii)

in paragraph (c), for “5” substitute “5H”;

Sch 2 para 39(e)

in paragraph 11(5)—

Sch 2 para 39(e)(i)

in the opening words, omit “(not being an assured shorthold tenancy)”;

Sch 2 para 39(e)(ii)

in paragraph (c), for “5” substitute “5H”;

Sch 2 para 39(f)

in paragraph 12(1), omit “or Chapter II”;

Sch 2 para 39(g)

in paragraph 13(4), for “15” substitute “18”.

Sch 2 para 40 — Local Government and Housing Act 1989

In Schedule 11 (minor and consequential amendments), omit paragraphs 103 and 108.

Sch 2 para 41 — Housing Act 1996

The Housing Act 1996 is amended as follows.

Sch 2 para 42 — Housing Act 1996

In section 64 omit the entry for “assured shorthold tenancy”.

Sch 2 para 43 — Housing Act 1996

Omit sections 96 to 100.

Sch 2 para 44 — Housing Act 1996

In section 124 (introductory tenancies), in subsection (2)(b), omit “, other than an assured shorthold tenancy,”.

Sch 2 para 45 — Housing Act 1996

In section 125 (duration of introductory tenancy)—

Sch 2 para 45(a)

in subsection (3), omit “, or a relevant assured shorthold tenancy,”;

Sch 2 para 45(b)

omit subsection (3A).

Sch 2 para 46 — Housing Act 1996

In section 143 (index of defined expressions) omit “and assured shorthold tenancy”.

Sch 2 para 47 — Housing Act 1996

In section 143C (change of landlord), in subsection (3), omit “shorthold”.

Sch 2 para 48 — Housing Act 1996

In section 175 (homelessness and threatened homelessness), in subsection (5)—

Sch 2 para 48(a)

in paragraph (a), for “section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy)” substitute “section 8 of the Housing Act 1988 (notice of proceedings for possession)”;

Sch 2 para 48(b)

in paragraph (b), for “that notice will expire” substitute “the date specified in that notice is”.

Sch 2 para 49 — Housing Act 1996

In section 188 (interim duty to accommodate in case of apparent priority need) omit subsection (1A).

Sch 2 para 50 — Housing Act 1996

In section 193A(4) (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage)—

Sch 2 para 50(a)

in paragraph (a) omit “shorthold”;

Sch 2 para 50(b)

at the end of paragraph (a) insert “and”;

Sch 2 para 50(c)

omit paragraph (c) and the “and” before it.

Sch 2 para 51 — Housing Act 1996

In section 195 (duties in cases of threatened homelessness), in subsection (6)—

Sch 2 para 51(a)

in the words before paragraph (a), for “section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy)” substitute “section 8 of the Housing Act 1988 (notice of proceedings for possession)”;

Sch 2 para 51(b)

in paragraph (a)—

Sch 2 para 51(b)(i)

for “will expire” substitute “specifies a date that is”;

Sch 2 para 51(b)(ii)

for “expired” substitute “passed”.

Sch 2 para 52 — Housing Act 1996

In section 209 (discharge of interim duties: arrangements with private landlord), in subsection (2), in the words after paragraph (b), for the words from “assured shorthold tenancy” (in the first place it occurs) to the end substitute “assured tenancy”.

Sch 2 para 53 — Housing Act 1996

In section 218 (index of defined expressions: Part 7), in the entry for assured tenancy and assured shorthold tenancy, omit “and assured shorthold tenancy”.

Sch 2 para 54 — Housing Act 1996

In section 230 (minor definitions: general), in the first definition, omit “, “assured shorthold tenancy””.

Sch 2 para 55 — Housing Act 1996

Omit Schedule 7.

Sch 2 para 56 — Capital Allowances Act 2001

In the Capital Allowances Act 2001, in section 490(3)(b) (assured tenancy allowances), omit “(but not an assured shorthold tenancy)”.

Sch 2 para 57 — Police Reform Act 2002

In section 100 of the Police Reform Act 2002 (Metropolitan Police Authority housing) omit subsection (4).

Sch 2 para 58 — Homelessness Act 2002

In section 7 of the Homelessness Act 2002 (events causing main homelessness duty to cease)—

Sch 2 para 58(a)

for subsection (1) substitute—;

Sch 2 para 58(b)

omit subsection (2).

Sch 2 para 59 — Finance Act 2003

In Schedule 9 to the Finance Act 2003 (stamp duty land tax: right to buy, shared ownership leases etc)—

Sch 2 para 59(a)

in paragraph 13, in each place it occurs, for “assured shorthold tenancy” substitute “assured tenancy”;

Sch 2 para 59(b)

in paragraph 14, in each place it occurs, for “assured shorthold tenancy” substitute “assured tenancy”.

Sch 2 para 60 — Anti-social Behaviour Act 2003

In the Anti-social Behaviour Act 2003—

Sch 2 para 60(a)

in section 14 (security of tenure: anti-social behaviour) omit subsection (4);

Sch 2 para 60(b)

omit section 15;

Sch 2 para 60(c)

in Schedule 1 (demoted tenancies), omit paragraph 2(3).

Sch 2 para 61 — Housing Act 2004

The Housing Act 2004 is amended as follows.

Sch 2 para 62 — Housing Act 2004

Omit section 75.

Sch 2 para 63 — Housing Act 2004

Omit section 98.

Sch 2 para 64 — Housing Act 2004

In section 116 (general effect of final management orders), in subsection (4)—

Sch 2 para 64(a)

in paragraph (a)(ii), omit “(subject to paragraph (b))”;

Sch 2 para 64(b)

for paragraph (b) substitute—

Sch 2 para 65 — Housing Act 2004

In section 136 (making of final EDMOs), in subsection (5), before paragraph (a) insert—.

Sch 2 para 66 — Housing Act 2004

In Schedule 7 (general effect of final EDMOs), in paragraph 10(4)—

Sch 2 para 66(a)

in paragraph (a)(ii) omit “(subject to paragraph (b))”;

Sch 2 para 66(b)

for paragraph (b) substitute—

Sch 2 para 67 — Housing and Regeneration Act 2008

The Housing and Regeneration Act 2008 is amended as follows.

Sch 2 para 68 — Housing and Regeneration Act 2008

In section 180 (right to acquire)—

Sch 2 para 68(a)

in subsection (2)(a), omit “, other than a long tenancy”;

Sch 2 para 68(b)

in subsection (2A), omit “shorthold”.

Sch 2 para 69 — Housing and Regeneration Act 2008

In Schedule 11 (possession orders relating to certain tenancies), in Part 1—

Sch 2 para 69(a)

omit paragraph 7;

Sch 2 para 69(b)

omit paragraph 9.

Sch 2 para 70 — Regulatory Enforcement and Sanctions Act 2008

In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of Part 1), in the appropriate place, insert—

Sch 2 para 71 — Charities Act 2011

Sch 2 para 71(1)

The Charities Act 2011 is amended as follows.

Sch 2 para 71(2)

In section 117 (restrictions on disposition of land: general), in subsection (2)(b)(ii), after “less” insert “or which are assured tenancies”.

Sch 2 para 71(3)

In section 120 (requirements for leases which are for 7 years or less)—

Sch 2 para 71(3)(a)

in the heading, after “less” insert “or which are assured tenancies”;

Sch 2 para 71(3)(b)

in subsection (1), the words from “a lease” to the end become paragraph (a);

Sch 2 para 71(3)(c)

after that paragraph insert

Sch 2 para 72 — Localism Act 2011

In the Localism Act 2011—

Sch 2 para 72(a)

in section 148 (duties to homeless persons) omit subsection (6)(b) and the “and” before it;

Sch 2 para 72(b)

in section 149 (duties to homeless persons: further amendments) omit subsections (2) and (4);

Sch 2 para 72(c)

in section 158 (secure and assured tenancies: transfer of tenancy)—

Sch 2 para 72(c)(i)

omit subsection (3)(b)(i) and the “and” after it;

Sch 2 para 72(c)(ii)

omit subsection (4)(b) and the “or” before it;

Sch 2 para 72(c)(iii)

in subsection (8)(b), omit the words “that is not an assured shorthold tenancy”;

Sch 2 para 72(c)(iv)

in subsection (9)(b), omit the words “that is not an assured shorthold tenancy”;

Sch 2 para 72(c)(v)

in subsection (10), omit “shorthold”;

Sch 2 para 72(d)

in section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(c), for “and “assured shorthold tenancy” have” substitute “has”;

Sch 2 para 72(e)

in section 162 (secure and assured tenancies: recovery of possession after tenant’s death) omit subsection (4);

Sch 2 para 72(f)

omit section 163;

Sch 2 para 72(g)

omit section 164;

Sch 2 para 72(h)

in section 184 (tenancy deposit schemes), omit subsections (10) to (13);

Sch 2 para 72(i)

in Schedule 14 (grounds on which landlord may refuse to surrender and grant tenancies), in paragraph 6(4), in the definition of “demotion order”, omit “or section 6A of the Housing Act 1988”.

Sch 2 para 73 — Deregulation Act 2015

In the Deregulation Act 2015—

Sch 2 para 73(a)

omit section 31;

Sch 2 para 73(b)

omit sections 33 to 41.

Sch 2 para 74 — Immigration Act 2016

In section 41 of the Immigration Act 2016 (order for possession of dwelling-house), in subsection (3), omit paragraphs (c) and (d).

Sch 2 para 75 — Renting Homes (Wales) Act 2016 (anaw 1)

In Schedule 12 to the Renting Homes (Wales) Act 2016—

Sch 2 para 75(a)

in the Welsh language text, after paragraph 29 insert—;

Sch 2 para 75(b)

in the English language text, after paragraph 29 insert—

Sch 2 para 76 — Homelessness Reduction Act 2017

In section 4 of the Homelessness Reduction Act 2017 (duty in cases of threatened homelessness) omit subsection 4.

Sch 3

Amendments connected with landlord redress schemes

Sch 3 para 1 — Local Government Act 1974

The Local Government Act 1974 is amended in accordance with paragraphs 2 to 5.

Sch 3 para 2 — Local Government Act 1974

Sch 3 para 2(1)

Section 33 (consultation between Local Commissioner and other Commissioners and Ombudsmen) is amended as follows.

Sch 3 para 2(2)

In the heading, for the words from “Local Commissioner” to the end substitute “Local Commissioner and other appropriate persons”.

Sch 3 para 2(3)

In subsection (1)—

Sch 3 para 2(3)(a)

for the words from “subject of an investigation” to “about the matter and,” substitute “subject of a relevant investigation, the Local Commissioner shall consult with the appropriate person about the matter and,”;

Sch 3 para 2(3)(b)

for the words from “initiate a complaint” to the end substitute “initiate a relevant complaint in relation to which the person consulted would be the appropriate person”.

Sch 3 para 2(4)

In subsection (2)—

Sch 3 para 2(4)(a)

for the words from “the Parliamentary Commissioner” to “in relation to” substitute “an appropriate person in relation to”;

Sch 3 para 2(4)(b)

for the words from “consult” to “about” substitute “consult that person about”.

Sch 3 para 2(5)

In subsection (3)—

Sch 3 para 2(5)(a)

for the words from “conducting an investigation” to “the complaint relates” substitute “conducting a relevant investigation, the appropriate person forms the opinion that the complaint to which the investigation relates also relates”;

Sch 3 para 2(5)(b)

for “he”, in both places it occurs, substitute “the appropriate person”.

Sch 3 para 2(6)

After subsection (3) insert—

Sch 3 para 2(7)

Omit subsections (3A) to (3C).

Sch 3 para 2(8)

In subsection (4), for the words from “subsection (3)” to “subsection (2)”, substitute “subsection (3), a Local Commissioner is consulted about a relevant complaint, subsection (2)”.

Sch 3 para 2(9)

After subsection (5) insert—

Sch 3 para 3 — Local Government Act 1974

Sch 3 para 3(1)

Section 33ZA (collaborative working between Local Commissioners and others) is amended as follows.

Sch 3 para 3(2)

In subsection (1), for the words from “jurisdiction of” to the end substitute “jurisdiction of an appropriate person, the Local Commissioner may, subject to subsection (2) below, conduct an investigation under this Part jointly with that appropriate person and any other appropriate person who, in the opinion of the Local Commissioner, has jurisdiction in relation to the matters which are the subject of the Local Commissioner’s investigation.”

Sch 3 para 3(3)

Omit subsections (1A) and (1B).

Sch 3 para 3(4)

In subsection (3), for the words from “investigated by” to the end substitute “investigated by an appropriate person relates partly to a matter within the Local Commissioner’s jurisdiction by virtue of this Part, the Local Commissioner may conduct an investigation under this Part jointly with that appropriate person and any other appropriate person who is also investigating the complaint.”

Sch 3 para 3(5)

After subsection (5) insert—

Sch 3 para 4 — Local Government Act 1974

In section 33ZB (arrangements for provision of administrative and other services), for subsection (4) substitute—

Sch 3 para 5 — Local Government Act 1974

In section 34 (interpretation), in subsection (1), at the appropriate places insert— .

Sch 3 para 6 — Housing Act 1996

Sch 3 para 6(1)

Paragraph 10A of Schedule 2 to the Housing Act 1996 (housing complaints: collaborative working with Local Commissioners) is amended as follows.

Sch 3 para 6(2)

In the heading above that paragraph, for “Local Commissioners” substitute “other appropriate persons”.

Sch 3 para 6(3)

In sub-paragraph (1), for the words from “a Local Commissioner” to the end substitute “an appropriate person, the housing ombudsman may, subject to sub-paragraph (2), conduct an investigation under this Act jointly with that person and any other appropriate person the housing ombudsman considers has jurisdiction.”

Sch 3 para 6(4)

Omit sub-paragraph (1A).

Sch 3 para 6(5)

In sub-paragraph (3), for the words from “a Local Commissioner” to the end substitute “an appropriate person relates partly to a matter within the jurisdiction of the housing ombudsman, the housing ombudsman may conduct an investigation jointly with that person and any other appropriate person investigating the complaint.”

Sch 3 para 6(6)

In sub-paragraph (4), for the words from “investigation jointly with” to the end substitute “investigation jointly with one or more appropriate persons, the requirements of paragraph 7 may be satisfied by a report made jointly with those persons.”

Sch 3 para 6(7)

For sub-paragraph (6) substitute—

Sch 3 para 7 — Government of Wales Act 1998

In paragraph 17 of Schedule 12 to the Government of Wales Act 1998 (minor and consequential amendments), omit sub-paragraphs (2) and (3).

Sch 3 para 8 — Public Services Ombudsman (Wales) Act 2005

In paragraph 15 of Schedule 6 to the Public Services Ombudsman (Wales) Act 2005 (consequential amendments)—

Sch 3 para 8(a)

in sub-paragraph (2), omit paragraphs (c) and (e);

Sch 3 para 8(b)

omit sub-paragraph (3).

Sch 3 para 9 — Localism Act 2011

In section 182 of the Localism Act 2011 (transfer of functions to housing ombudsman), omit subsections (2) to (6).

Sch 3 para 10 — Building Safety Act 2022

The Building Safety Act 2022 is amended in accordance with paragraphs 11 and 12.

Sch 3 para 11 — Building Safety Act 2022

In Schedule 3 (cooperation and information sharing), in paragraph 3, for sub-paragraph (5) substitute—

Sch 3 para 12 — Building Safety Act 2022

In Schedule 10 (amendments in connection with new homes ombudsman), omit paragraphs 1 to 5.

Sch 3 para 13 — Leasehold and Freehold Reform Act 2024

In Schedule 13 to the Leasehold and Freehold Reform Act 2024 (amendments in connection with leasehold and estate management redress schemes), omit paragraphs 2, 3, 4, 6 and 7.

Sch 4

Decent homes standard

Sch 4

Amendments of Housing Act 2004

Sch 4 para 1

The Housing Act 2004 is amended as follows.

Sch 4 para 2

Sch 4 para 2(1)

Section 1 (new system for assessing housing conditions and enforcing housing standards) is amended as follows.

Sch 4 para 2(2)

In subsection (3)(a), omit “hazard”.

Sch 4 para 2(3)

After subsection (8) insert—

Sch 4 para 3

Sch 4 para 3(1)

Section 4 (inspections by local housing authorities) is amended as follows.

Sch 4 para 3(2)

For subsection (1) substitute—

Sch 4 para 3(3)

In subsection (2)—

Sch 4 para 3(3)(a)

omit the “or” at the end of paragraph (a), and

Sch 4 para 3(3)(b)

after that paragraph insert— .

Sch 4 para 3(4)

After subsection (5) insert—

Sch 4 para 3(5)

In subsection (6)—

Sch 4 para 3(5)(a)

omit the “or” at the end of paragraph (a), and

Sch 4 para 3(5)(b)

after that paragraph insert— .

Sch 4 para 3(6)

In the heading, omit “to see whether category 1 or 2 hazards exist”.

Sch 4 para 4

Sch 4 para 4(1)

Section 5 (general duty to take enforcement action) is amended as follows.

Sch 4 para 4(2)

For subsection (1) substitute—

Sch 4 para 4(3)

In subsection (2)(c), for “a hazard” substitute “an”.

Sch 4 para 4(4)

In subsections (3) to (6), after “hazard” (in each place) insert “or failure”.

Sch 4 para 4(5)

In the heading, after “hazards” insert “and type 1 requirements”.

Sch 4 para 5

In the heading to section 6 (how duty under section 5 operates in certain cases), omit “Category 1 hazards”.

Sch 4 para 6

After section 6 insert—

Sch 4 para 7

Sch 4 para 7(1)

Section 7 (powers to take enforcement action) is amended as follows.

Sch 4 para 7(2)

In subsection (1), for “that a category 2 hazard exists on residential premises” substitute .

Sch 4 para 7(3)

In subsection (2)(c), for “a hazard” substitute “an”.

Sch 4 para 7(4)

In subsection (3)—

Sch 4 para 7(4)(a)

after “hazard” (in the first place) insert “or failure to meet a type 2 requirement”, and

Sch 4 para 7(4)(b)

after “hazard” (in the second place) insert “or failure”.

Sch 4 para 7(5)

In the heading, after “hazards” insert “and type 2 requirements”.

Sch 4 para 8

In section 8 (reasons for decision to take enforcement action), in subsection (5)(a), omit “hazard”.

Sch 4 para 9

Sch 4 para 9(1)

Section 9 (guidance about inspections and enforcement action) is amended as follows.

Sch 4 para 9(2)

In subsection (1)(b), omit “hazard”.

Sch 4 para 9(3)

After that subsection insert—

Sch 4 para 10

In the heading of Chapter 2 of Part 1 (improvement notices, prohibition orders and hazard awareness notices), omit “hazard”.

Sch 4 para 11

Sch 4 para 11(1)

Section 11 (improvement notices relating to category 1 hazards: duty of authority to serve notice) is amended as follows.

Sch 4 para 11(2)

For subsection (1) substitute—

Sch 4 para 11(3)

In subsection (2), after “hazard” insert “or failure”.

Sch 4 para 11(4)

In subsection (3)(a), after “exists” insert “, or which fail to meet the requirement,”.

Sch 4 para 11(5)

In subsection (4)—

Sch 4 para 11(5)(a)

after “exists,” insert “or which fail to meet the requirement,”, and

Sch 4 para 11(5)(b)

in paragraph (a), after “hazard” insert “or failure”.

Sch 4 para 11(6)

In subsection (5)(a), for the words from “that” to “but” substitute .

Sch 4 para 11(7)

In subsection (6), for the words from “to” to the end substitute

Sch 4 para 11(8)

In subsection (8)—

Sch 4 para 11(8)(a)

after “hazard” (in the first place) insert “or failure”, and

Sch 4 para 11(8)(b)

after “hazard” (in the second place) insert “or secure that the premises meet the requirement”.

Sch 4 para 11(9)

In the heading, after “hazards” insert “and type 1 requirements”.

Sch 4 para 12

Sch 4 para 12(1)

Section 12 (improvement notices relating to category 2 hazards: power of authority to serve notice) is amended as follows.

Sch 4 para 12(2)

For subsection (1) substitute—

Sch 4 para 12(3)

In subsection (2), after “hazard” insert “or failure”.

Sch 4 para 12(4)

In subsection (4), for the words from “to” to the end substitute

Sch 4 para 12(5)

In the heading, after “hazards” insert “and type 2 requirements”.

Sch 4 para 13

Sch 4 para 13(1)

Section 13 (contents of improvement notices) is amended as follows.

Sch 4 para 13(2)

In subsection (2)—

Sch 4 para 13(2)(a)

after “hazard” (in each place) insert “or failure”,

Sch 4 para 13(2)(b)

after “hazards” insert “or failures”, and

Sch 4 para 13(2)(c)

in paragraph (b), after “exists” insert “or to which it relates”.

Sch 4 para 13(3)

In subsection (5), after “hazard” insert “or failure”.

Sch 4 para 14

In section 16(3) (revocation and variation of improvement notices)—

Sch 4 para 14(a)

after “hazards” (in the first place) insert “or failures (or a combination of hazards and failures)”, and

Sch 4 para 14(b)

in paragraph (a), after “hazards” insert “or failures”.

Sch 4 para 15

Sch 4 para 15(1)

Section 19 (change in person liable to comply with improvement notice) is amended as follows.

Sch 4 para 15(2)

For subsection (2) substitute—

Sch 4 para 15(3)

In subsection (7), for “or (9)” substitute “, (9) or (10)”.

Sch 4 para 15(4)

After subsection (9) insert—

Sch 4 para 16

Sch 4 para 16(1)

In section 20 (prohibition orders relating to category 1 hazards: duty of authority to make order) is amended as follows.

Sch 4 para 16(2)

For subsection (1) substitute—

Sch 4 para 16(3)

In subsection (3)—

Sch 4 para 16(3)(a)

in paragraph (a), after “exists” insert “, or which fail to meet the requirement,”, and

Sch 4 para 16(3)(b)

for paragraph (b) substitute— .

Sch 4 para 16(4)

In subsection (4)—

Sch 4 para 16(4)(a)

after “exists,” insert “or which fail to meet the requirement,”, and

Sch 4 para 16(4)(b)

in paragraph (a), after “hazard” insert “or failure”.

Sch 4 para 16(5)

In subsection (5), for the words from “to” to the end substitute

Sch 4 para 16(6)

In the heading, after “hazards” insert “and type 1 requirements”.

Sch 4 para 17

Sch 4 para 17(1)

Section 21 (prohibition orders relating to category 2 hazards: power of authority to make order) is amended as follows.

Sch 4 para 17(2)

For subsection (1) substitute—

Sch 4 para 17(3)

In subsection (4), for the words from “to” to the end substitute “to—

Sch 4 para 17(4)

In the heading, after “hazards” insert “and type 2 requirements”.

Sch 4 para 18

Sch 4 para 18(1)

Section 22 (contents of prohibition orders) is amended as follows.

Sch 4 para 18(2)

In subsection (2)—

Sch 4 para 18(2)(a)

after “hazard” (in each place) insert “or failure”,

Sch 4 para 18(2)(b)

after “hazards” insert “or failures”, and

Sch 4 para 18(2)(c)

in paragraph (b), after “exists” insert “or to which it relates”.

Sch 4 para 18(3)

In subsection (3)(b), after “hazards” insert “, or failure or failures,”.

Sch 4 para 19

Sch 4 para 19(1)

Section 25 (revocation and variation of prohibition orders) is amended as follows.

Sch 4 para 19(2)

In subsection (1), for the words from “that” to the end substitute

Sch 4 para 19(3)

In subsection (3)—

Sch 4 para 19(3)(a)

after “hazards” (in the first place) insert “or failures (or a combination of hazards and failures)”, and

Sch 4 para 19(3)(b)

in paragraph (a), after “hazards” insert “or failures”.

Sch 4 para 20

In the italic heading before section 28, omit “Hazard”.

Sch 4 para 21

Sch 4 para 21(1)

Section 28 (hazard awareness notices relating to category 1 hazards: duty of authority to serve notice) is amended as follows.

Sch 4 para 21(2)

For subsections (1) and (2) substitute—

Sch 4 para 21(3)

In subsection (3)(a), after “exists” insert “, or which fail to meet the requirement,”.

Sch 4 para 21(4)

In subsection (4)—

Sch 4 para 21(4)(a)

after “exists,” insert “or which fail to meet the requirement,”, and

Sch 4 para 21(4)(b)

in paragraph (a), after “hazard” insert “or failure”.

Sch 4 para 21(5)

In subsection (5), for the words from “to” to the end substitute

Sch 4 para 21(6)

In subsection (6)—

Sch 4 para 21(6)(a)

after “hazard” (in each place) insert “or failure”,

Sch 4 para 21(6)(b)

after “hazards” insert “or failures”, and

Sch 4 para 21(6)(c)

in paragraph (a), after “exists” insert “or to which it relates”.

Sch 4 para 21(7)

In subsection (8), for “a hazard” substitute “an”.

Sch 4 para 21(8)

At the end insert—

Sch 4 para 21(9)

In the heading—

Sch 4 para 21(9)(a)

omit “Hazard”, and

Sch 4 para 21(9)(b)

after “category 1 hazards” insert “and type 1 requirements”.

Sch 4 para 22

Sch 4 para 22(1)

Section 29 (hazard awareness notices relating to category 2 hazards: power of authority to serve notice) is amended as follows.

Sch 4 para 22(2)

For subsections (1) and (2) substitute—

Sch 4 para 22(3)

In subsection (3), for “a hazard” substitute “an”.

Sch 4 para 22(4)

In subsection (4), for the words from “to” to the end substitute

Sch 4 para 22(5)

In subsection (5)—

Sch 4 para 22(5)(a)

after “hazard” (in each place) insert “or failure”,

Sch 4 para 22(5)(b)

after “hazards” insert “or failures”, and

Sch 4 para 22(5)(c)

in paragraph (a), after “exists” insert “or to which it relates”.

Sch 4 para 22(6)

In subsection (8), for “a hazard” substitute “an”.

Sch 4 para 22(7)

At the end insert—

Sch 4 para 22(8)

In the heading—

Sch 4 para 22(8)(a)

omit “Hazard”, and

Sch 4 para 22(8)(b)

after “category 2 hazards” insert “and type 2 requirements”.

Sch 4 para 23

Sch 4 para 23(1)

Section 30 (offence of failing to comply with improvement notice) is amended as follows.

Sch 4 para 23(2)

In subsection (2), after “hazard” insert “or failure”.

Sch 4 para 23(3)

In subsection (3), omit “not exceeding level 5 on the standard scale”.

Sch 4 para 23(4)

In subsection (5), after “hazard” insert “or failure”.

Sch 4 para 24

In section 32 (offence of failing to comply with prohibition order etc), in subsection (2)(a), omit “not exceeding level 5 on the standard scale”.

Sch 4 para 25

In section 35 (power of court to order occupier or owner to allow action to be taken on premises), for the definition of “relevant person” in subsection (8) substitute—

Sch 4 para 26

Sch 4 para 26(1)

Section 40 (emergency remedial action) is amended as follows.

Sch 4 para 26(2)

For subsection (1) substitute—

Sch 4 para 26(3)

In subsection (2), after “hazard” insert “or failure”.

Sch 4 para 26(4)

In subsection (4), for the words from “of” to the end substitute

Sch 4 para 27

In section 41 (notice of emergency remedial action), in subsection (2)—

Sch 4 para 27(a)

after “hazard” (in each place) insert “or failure”,

Sch 4 para 27(b)

after “hazards” insert “or failures”, and

Sch 4 para 27(c)

in paragraph (a), after “exists” insert “or to which it relates”.

Sch 4 para 28

In section 43 (emergency prohibition orders), for subsection (1) substitute—

Sch 4 para 29

In section 44 (contents of emergency prohibition orders), in subsection (2)—

Sch 4 para 29(a)

after “hazard” (in each place) insert “or failure”,

Sch 4 para 29(b)

after “hazards” insert “or failures”, and

Sch 4 para 29(c)

in paragraph (a), after “exists” insert “or to which it relates”.

Sch 4 para 30

In section 49 (power to charge for certain enforcement action)—

Sch 4 para 30(a)

in subsection (1)(c), for “a hazard” substitute “an”, and

Sch 4 para 30(b)

in subsection (2), for “a hazard” substitute “an”.

Sch 4 para 31

In section 50 (recovery of charge under section 49), in subsection (2)(b), for “a hazard” substitute “an”.

Sch 4 para 32

In section 54 (index of defined expressions: Part 1)—

Sch 4 para 32(a)

at the appropriate places insert— ; ; ; ; ; , and

Sch 4 para 32(b)

in the entry for “Hazard awareness notice”, in the first column, omit “Hazard” (and, accordingly, move the entry to the appropriate place).

Sch 4 para 33

Sch 4 para 33(1)

Section 250 (orders and regulations) is amended as follows.

Sch 4 para 33(2)

After subsection (2) insert—

Sch 4 para 33(3)

In subsection (6), before paragraph (a) insert— .

Sch 4 para 34

Before Schedule 1 insert—

Sch 4 para 35

Sch 4 para 35(1)

Schedule 1 (procedure and appeals relating to improvement notices) is amended as follows.

Sch 4 para 35(2)

Before paragraph 1 insert—

Sch 4 para 35(3)

In paragraph 5(1), for “1 to” substitute “A1 to”.

Sch 4 para 35(4)

In paragraph 12—

Sch 4 para 35(4)(a)

in sub-paragraph (1), after “hazard” insert “or failure”, and

Sch 4 para 35(4)(b)

in sub-paragraph (2)(b), for “a hazard” substitute “an”.

Sch 4 para 35(5)

In paragraph 17, after “hazard” (in each place) insert “or failure”.

Sch 4 para 36

Sch 4 para 36(1)

Schedule 2 (procedure and appeals relating to prohibition orders) is amended as follows.

Sch 4 para 36(2)

In paragraph 1—

Sch 4 para 36(2)(a)

after sub-paragraph (2) insert— , and

Sch 4 para 36(2)(b)

in sub-paragraph (3), for “sub-paragraph (2)” substitute “this paragraph”.

Sch 4 para 36(3)

In paragraph 2—

Sch 4 para 36(3)(a)

for sub-paragraph (1) substitute—

Sch 4 para 36(3)(b)

after sub-paragraph (2) insert— ,

Sch 4 para 36(3)(c)

in sub-paragraph (3), after “(2)” insert “, (2A) or (2B)”, and

Sch 4 para 36(3)(d)

in sub-paragraph (4), for “sub-paragraph (2) or (3)” substitute “this paragraph”.

Sch 4 para 36(4)

In paragraph 8—

Sch 4 para 36(4)(a)

in sub-paragraph (1), after “hazard” insert “or failure”, and

Sch 4 para 36(4)(b)

in sub-paragraph (2)(b), for “a hazard” substitute “an”.

Sch 4 para 36(5)

In paragraph 12, after “hazard” (in each place) insert “or failure”.

Sch 4 para 36(6)

In paragraph 16(1)—

Sch 4 para 36(6)(a)

omit the “or” at the end of paragraph (b), and

Sch 4 para 36(6)(b)

at the end of paragraph (c) insert

Sch 4 para 37

Sch 4 para 37(1)

Schedule 3 (improvement notices: enforcement action by local housing authorities) is amended as follows.

Sch 4 para 37(2)

In paragraph 3, after “hazard” (in each place) insert “or failure”.

Sch 4 para 37(3)

In paragraph 4, after “hazard” (in both places) insert “or failure”.

Sch 4

Amendments of other Acts

Sch 4 para 38 — Land Compensation Act 1973

Sch 4 para 38(1)

Section 33D of the Land Compensation Act 1973 (loss payments: exclusions) is amended as follows.

Sch 4 para 38(2)

In subsection (4)—

Sch 4 para 38(2)(a)

in paragraph (b), after “hazard” insert “or type 1 requirement”, and

Sch 4 para 38(2)(b)

in paragraph (c), after “hazard” insert “or type 2 requirement”.

Sch 4 para 38(3)

In subsection (5)—

Sch 4 para 38(3)(a)

in paragraph (a), after “hazard” insert “or type 1 requirement”, and

Sch 4 para 38(3)(b)

in paragraph (b), after “hazard” insert “or type 2 requirement”.

Sch 4 para 39 — Housing Act 1985

In section 269A of the Housing Act 1985 (appeals suggesting certain other courses of action), in subsection (2)(c), for “a hazard” substitute “an”.

Sch 4 para 40 — Housing and Regeneration Act 2008

In section 126B of the Housing and Regeneration Act 2008 (functions of health and safety lead), in subsection (3)(b)(ii), after “hazards” insert “and type 1 and 2 requirements”.

Sch 4 para 41 — Housing and Planning Act 2016

In section 40(4) of the Housing and Planning Act 2016 (offences under sections 30(1) and 32(1) of the Housing Act 2004), after “on” insert “, or a failure to meet a requirement by,”.

Sch 4 para 42 — Tenant Fees Act 2019

In Schedule 3 to the Tenant Fees Act 2019 (financial penalties), in paragraph 12(1), after paragraph (c) insert— .

Sch 5

Financial penalties

Sch 5 para 1 — Notice of intent

Before imposing a financial penalty on a person under section 40, 57, 66 or 91, a local housing authority must give the person notice of its proposal to do so (a “notice of intent”).

Sch 5 para 2 — Notice of intent

Sch 5 para 2(1)

The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates.

Sch 5 para 2(2)

But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—

Sch 5 para 2(2)(a)

at any time when the conduct is continuing, or

Sch 5 para 2(2)(b)

within the period of 6 months beginning with the last day on which the conduct occurs.

Sch 5 para 3 — Notice of intent

The notice of intent must set out—

Sch 5 para 3(a)

the date on which the notice of intent is given,

Sch 5 para 3(b)

the amount of the proposed financial penalty,

Sch 5 para 3(c)

the reasons for proposing to impose the penalty, and

Sch 5 para 3(d)

information about the right to make representations under paragraph 4.

Sch 5 para 4 — Right to make representations

Sch 5 para 4(1)

A person who is given a notice of intent may make written representations to the authority about the proposal to impose a financial penalty.

Sch 5 para 4(2)

Any representations must be made within the period of 28 days beginning with the day after the day on which the notice of intent was given to the person (“the period for representations”).

Sch 5 para 5 — Final notice

After the end of the period for representations the enforcement authority must—

Sch 5 para 5(a)

decide whether to impose a financial penalty on the person, and

Sch 5 para 5(b)

if it decides to do so, decide the amount of the penalty.

Sch 5 para 6 — Final notice

If the local housing authority decides to impose a financial penalty on the person, it must give a notice to the person (a “final notice”) imposing that penalty.

Sch 5 para 7 — Final notice

The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.

Sch 5 para 8 — Final notice

The final notice must set out—

Sch 5 para 8(a)

the date on which the final notice is given,

Sch 5 para 8(b)

the amount of the financial penalty,

Sch 5 para 8(c)

the reasons for imposing the penalty,

Sch 5 para 8(d)

information about how to pay the penalty,

Sch 5 para 8(e)

the period for payment of the penalty,

Sch 5 para 8(f)

information about rights of appeal, and

Sch 5 para 8(g)

the consequences of failure to comply with the notice.

Sch 5 para 9 — Withdrawal or amendment of notice

Sch 5 para 9(1)

A local housing authority may at any time—

Sch 5 para 9(1)(a)

withdraw a notice of intent or final notice, or

Sch 5 para 9(1)(b)

reduce an amount specified in a notice of intent or final notice.

Sch 5 para 9(2)

The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.

Sch 5 para 10 — Appeals

Sch 5 para 10(1)

A person to whom a final notice is given may appeal to the First-tier Tribunal against—

Sch 5 para 10(1)(a)

the decision to impose the penalty, or

Sch 5 para 10(1)(b)

the amount of the penalty.

Sch 5 para 10(2)

An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice is given to the person.

Sch 5 para 10(3)

If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.

Sch 5 para 10(4)

An appeal under this paragraph—

Sch 5 para 10(4)(a)

is to be a re-hearing of the authority’s decision, but

Sch 5 para 10(4)(b)

may be determined having regard to matters of which the authority was unaware.

Sch 5 para 10(5)

On an appeal under this paragraph the First-tier Tribunal may quash, confirm or vary the final notice.

Sch 5 para 10(6)

The final notice may not be varied under sub-paragraph (5) so as to impose a financial penalty of more than the local housing authority could have imposed.

Sch 5 para 11 — Recovery of financial penalty

Sch 5 para 11(1)

This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.

Sch 5 para 11(2)

The local housing authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court.

Sch 5 para 11(3)

In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—is conclusive evidence of that fact.

Sch 5 para 11(3)(a)

signed by the chief finance officer of the authority which imposed the penalty, and

Sch 5 para 11(3)(b)

states that the amount due has not been received by a date specified in the certificate,

Sch 5 para 11(4)

A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

Sch 5 para 11(5)

In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.

Sch 5 para 12 — Proceeds of financial penalties

Where a local housing authority imposes a financial penalty under section 40, 57, 66 or 91, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under this Act or otherwise in relation to the private rented sector.

Sch 5 para 13 — Proceeds of financial penalties

Any proceeds of a financial penalty imposed under section 40, 57, 66 or 91 which are not applied in accordance with paragraph 12 must be paid to the Secretary of State.

Sch 5 para 14 — Proceeds of financial penalties

Sch 5 para 14(1)

In paragraph 12, enforcement functions “in relation to the private rented sector” means enforcement functions relating to—

Sch 5 para 14(1)(a)

residential premises in England that are let, or intended to be let, under a tenancy,

Sch 5 para 14(1)(b)

the common parts of such premises,

Sch 5 para 14(1)(c)

the activities of a landlord under a tenancy of residential premises in England,

Sch 5 para 14(1)(d)

the activities of a superior landlord in relation to such a tenancy,

Sch 5 para 14(1)(e)

the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises, or

Sch 5 para 14(1)(f)

the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises.

Sch 5 para 14(2)

For the purposes of this paragraph “residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.

Sch 5 para 14(3)

For the purposes of this paragraph, “tenancy” includes a licence to occupy.

Sch 6

Transitional provision

Sch 6

Application of Chapter 1 of Part 1 to existing tenancies

Sch 6 para 1 — Tenancies which become periodic on the commencement date

Sch 6 para 1(1)

This paragraph applies to an existing tenancy which becomes a periodic tenancy on the expiry of a fixed term.

Sch 6 para 1(2)

Where the fixed term expires immediately before the commencement date, the amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until immediately after the first periodic term has begun.

Sch 6 para 2 — Section 1: start of deemed rent period for existing tenancies

In relation to an existing tenancy, section 4A of the 1988 Act (inserted by section 1) is to be read as if—

Sch 6 para 2(a)

in subsection (3), for the words before paragraph (a), there were substituted “Terms of an assured tenancy which provide for the rent periods are of no effect, so far as relating to rent periods beginning on or after the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025), unless each rent period beginning on or after that date is—”;

Sch 6 para 2(b)

in subsection (5), for paragraph (a) (and the “and” following it) there were substituted— ;

Sch 6 para 2(c)

in subsection (6), for “R is the rent that would have been due for the first rent period of the tenancy under the terms that are of no effect by virtue of subsection (3)” there were substituted “R is the rent due for the rent period before the first rent period provided for by subsection (5)(a)”.

Sch 6 para 3 — Section 2: claim form for section 21 possession proceedings already requested

Sch 6 para 3(1)

This paragraph applies where—

Sch 6 para 3(1)(a)

before the commencement date—

Sch 6 para 3(1)(a)(i)

a valid notice under section 21 of the 1988 Act has been given, and

Sch 6 para 3(1)(a)(ii)

the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and

Sch 6 para 3(1)(b)

immediately before the commencement date, possession proceedings have not begun or have not been concluded.

Sch 6 para 3(2)

The notice under section 21 remains valid until possession proceedings are concluded.

Sch 6 para 3(3)

The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

Sch 6 para 3(4)

In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”— .

Sch 6 para 3(5)

In this paragraph “possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.

Sch 6 para 4 — Section 2: claim form for section 21 possession proceedings not already requested

Sch 6 para 4(1)

This paragraph applies where, before the commencement date—

Sch 6 para 4(1)(a)

a valid notice under section 21 of the 1988 Act has been given, and

Sch 6 para 4(1)(b)

the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.

Sch 6 para 4(2)

Section 21 of the 1988 Act has effect as if the following were substituted for subsections (4D) and (4E)—

Sch 6 para 4(3)

The notice under section 21 remains valid—

Sch 6 para 4(3)(a)

until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;

Sch 6 para 4(3)(b)

until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.

Sch 6 para 4(4)

The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (3) (and accordingly the tenancy remains an assured shorthold tenancy until then).

Sch 6 para 4(5)

In relation to a tenancy to which sub-paragraph (4) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”— .

Sch 6 para 4(6)

In this paragraph— “applicable period”, in relation to possession proceedings, has the same meaning that it has in relation to those proceedings in section 21 of the 1988 Act as modified by sub-paragraph (2); “possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.

Sch 6 para 5 — Section 3(2)(g): saving of section 7(7) in relation to tenancies where fixed term ends before commencement date

Section 7(7) of the 1988 Act continues to apply after the commencement date, despite section 3(2)(g), in relation to an existing tenancy that was a fixed term tenancy before the commencement date.

Sch 6 para 6 — Section 6: no effect on rent increases before commencement date

The amendments made by section 6 do not affect the validity of any increase in rent under an existing tenancy, before the commencement date, in reliance on a provision—

Sch 6 para 6(a)

which was at the time binding on the tenant, and

Sch 6 para 6(b)

under which the rent for a particular period of the tenancy would or might be greater than the rent for an earlier period.

Sch 6 para 7 — Sections 12, 13 and 15: provision of information in writing

Sch 6 para 7(1)

Where an existing tenancy is wholly or partly in writing—

Sch 6 para 7(1)(a)

section 16D and 16E(1)(f) of the 1988 Act (inserted by sections 12 and 13) do not apply;

Sch 6 para 7(1)(b)

section 16I(1) of that Act (inserted by section 15) is to be read as if for “contravened section 16D” there were substituted “contravened paragraph 7(2) of Schedule 6 to the Renters’ Rights Act 2025”.

Sch 6 para 7(2)

The landlord under any existing tenancy that is wholly or partly in writing—

Sch 6 para 7(2)(a)

must give the tenant any information in writing about the changes made by this Act which is required to be given by regulations made by the Secretary of State; and

Sch 6 para 7(2)(b)

must do so before the end of the period of one month beginning with the commencement date.

Sch 6 para 7(3)

Where a landlord referred to in sub-paragraph (2) has entered into a contract with a person which requires that person to ensure compliance with that sub-paragraph (whether or not it is referred to individually), sub-paragraph (2) also applies to that person, as it applies to the landlord.

Sch 6 para 7(4)

Regulations under sub-paragraph (2) may—

Sch 6 para 7(4)(a)

provide for the information to be given in the form of a document produced by the Secretary of State;

Sch 6 para 7(4)(b)

provide that the document to be given is the version that has effect at the time the requirement applies.

Sch 6 para 7(5)

Where an existing tenancy is wholly oral, section 16D(4) of the 1988 Act (inserted by section 12) is to be read as if, for “before the tenancy is entered into” there were substituted “before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.

Sch 6 para 7(6)

Regulations under sub-paragraph (2)—

Sch 6 para 7(6)(a)

may make different provision for different purposes;

Sch 6 para 7(6)(b)

are to be made by statutory instrument.

Sch 6 para 7(7)

A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Sch 6 para 8 — Section 15: no liability in respect of conduct before commencement date

Conduct engaged in, in relation to an existing tenancy, before the commencement date—

Sch 6 para 8(a)

does not give rise to liability to a financial penalty under section 16I or 16K of the 1988 Act (inserted by section 13), and

Sch 6 para 8(b)

does not constitute an offence under section 16J (as so inserted).

Sch 6 para 9 — Section 20: no effect on notice to quit given before commencement date

The amendment made by section 20 does not affect the validity of any notice given under section 5 of the Protection from Eviction Act 1977 in relation to an existing tenancy before the commencement date.

Sch 6 para 10 — Section 24: existing opt-out notices for assured agricultural occupancies

Where an existing tenancy would be an assured agricultural occupancy but for a notice served under paragraph 9(2) of Schedule 2A to the 1988 Act, the tenancy is to be treated for the purposes of Chapter 3 of Part 1 of the 1988 Act as amended by this Act, on and after the commencement date, as a tenancy in relation to which an opt-out notice has been served under section 24A of the 1988 Act (inserted by section 24 of this Act).

Sch 6 para 11 — Section 26: tenancy deposits

The amendments made by section 26 do not apply in relation to an existing tenancy that, immediately before the commencement date, was an assured tenancy other than an assured shorthold tenancy.

Sch 6 para 12 — Section 27: tenant fees

The amendments made by section 27 do not apply in relation to an existing tenancy that, immediately before the commencement date, was an assured tenancy other than an assured shorthold tenancy.

Sch 6 para 13 — Schedule 1: student accommodation ground

Sch 6 para 13(1)

In relation to an existing tenancy, ground 4A in Schedule 2 to the 1988 Act has effect as if—

Sch 6 para 13(1)(a)

in the first paragraph, the following were substituted for paragraphs (b) and (c)— ;

Sch 6 para 13(1)(b)

paragraph (d) were omitted;

Sch 6 para 13(1)(c)

the following were substituted for the second and third paragraphs—

Sch 6 para 13(2)

In relation to an existing tenancy which is a qualifying student tenancy, ground 4A in Schedule 2 to the 1988 Act has effect—

Sch 6 para 13(2)(a)

subject to the modifications in sub-paragraph (1) of this paragraph, and

Sch 6 para 13(2)(b)

additionally as if, in the first paragraph of ground 4A, paragraphs (a) and (e) were omitted.

Sch 6 para 13(3)

For the purposes of this paragraph, an existing tenancy is a “qualifying student tenancy” if any of the following is a member of a specified housing management code of practice—

Sch 6 para 13(3)(a)

the landlord;

Sch 6 para 13(3)(b)

a person appointed to act on the landlord’s behalf in respect of the tenancy;

Sch 6 para 13(3)(c)

a person appointed to discharge management functions in respect of the building which comprises the dwelling-house or in which the dwelling-house is situated.

Sch 6 para 13(4)

In sub-paragraph (3)— “housing management code of practice” means a code of practice approved by the Secretary of State under section 233 of the Housing Act 2004 (codes relating to the management of HMOs or excepted accommodation); “management functions” in respect of a building includes functions relating to— the provision of services, or the repair, maintenance, improvement or insurance of the building; “specified” means specified in regulations made by the Secretary of State.

Sch 6 para 14 — Schedule 1: stepping stone accommodation ground

In relation to an existing tenancy, paragraph (b) in Ground 5H in Schedule 2 to the 1988 Act is to be read as if after “agreement” there were inserted “or a written statement given to the tenant before the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.

Sch 6 para 15 — Schedule 1: redevelopment ground

In relation to an existing tenancy, paragraph (c) in case C where the “additional RSL condition” is met in Ground 6 in Schedule 2 to the 1988 Act is to be read as if for “before the tenancy was entered into” there were substituted “before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.

Sch 6 para 16 — Claim form for section 8 possession proceedings already requested

Sch 6 para 16(1)

This paragraph applies where—

Sch 6 para 16(1)(a)

before the commencement date—

Sch 6 para 16(1)(a)(i)

a valid notice under section 8 of the 1988 Act has been given, and

Sch 6 para 16(1)(a)(ii)

the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and

Sch 6 para 16(1)(b)

immediately before the commencement date, possession proceedings have not begun or have not been concluded.

Sch 6 para 16(2)

The notice under section 8 remains valid until possession proceedings are concluded.

Sch 6 para 16(3)

The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

Sch 6 para 16(4)

In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”— .

Sch 6 para 16(5)

In this paragraph “possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.

Sch 6 para 17 — Claim form for section 8 possession proceedings not already requested

Sch 6 para 17(1)

This paragraph applies where, before the commencement date—

Sch 6 para 17(1)(a)

a valid notice under section 8 of the 1988 Act has been given, and

Sch 6 para 17(1)(b)

the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.

Sch 6 para 17(2)

The notice under section 8 remains valid—

Sch 6 para 17(2)(a)

until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;

Sch 6 para 17(2)(b)

until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.

Sch 6 para 17(3)

The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

Sch 6 para 17(4)

In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”— .

Sch 6 para 17(5)

In this paragraph— “applicable period”, in relation to possession proceedings— the period of twelve months included in the notice under section 8 of the 1988 Act in accordance with subsection (3)(c) of that section, or the period of three months beginning with the commencement date, if this three month period ends before the twelve month period mentioned in paragraph (a); “possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.

Sch 6 para 18 — Interpretation

In this Schedule “commencement date” and “existing tenancy” have the meanings given by section 146.

Sch 6

Existing instruments which permit or require letting etc

Sch 6 para 19 — Key definitions

Sch 6 para 19(1)

“Residential premises” are premises that consist of or include one or more dwelling-houses in England.

Sch 6 para 19(2)

A lease of residential premises (whether or not in writing) is a “relevant pre-application instrument” if it was entered into—

Sch 6 para 19(2)(a)

before the commencement date, or

Sch 6 para 19(2)(b)

on or after that date under a contract entered into before that date.

Sch 6 para 19(3)

A mortgage arrangement which relates to residential premises is a “relevant pre-application instrument” if it was entered into—

Sch 6 para 19(3)(a)

before the commencement date, or

Sch 6 para 19(3)(b)

on or after that date by the acceptance of an offer made before that date.

Sch 6 para 19(4)

A contract of insurance which relates to residential premises is a “relevant pre-application instrument” if it was entered into—

Sch 6 para 19(4)(a)

before the commencement date, or

Sch 6 para 19(4)(b)

on or after that date by the acceptance of an offer made before that date.

Sch 6 para 19(5)

A section 106 obligation is a “relevant pre-application instrument” if it was entered into before the commencement date.

Sch 6 para 19(6)

In relation to a relevant pre-application instrument, “affected dwelling-house” means—

Sch 6 para 19(6)(a)

if the relevant pre-application instrument is a lease, the dwelling-house, or each dwelling-house, let by the lease;

Sch 6 para 19(6)(b)

if the relevant pre-application instrument is a mortgage arrangement, the dwelling-house, or each dwelling-house, to which the mortgage arrangement relates;

Sch 6 para 19(6)(c)

if the relevant pre-application instrument is a contract of insurance, the dwelling-house, or each dwelling-house, to which the contract of insurance relates;

Sch 6 para 19(6)(d)

if the relevant pre-application instrument is a section 106 obligation, the dwelling-house, or each dwelling-house, to which the section 106 obligation relates.

Sch 6 para 19(7)

In relation to times before the commencement date, an assured tenancy is a “relevant” assured tenancy if—

Sch 6 para 19(7)(a)

it is not an assured shorthold tenancy,

Sch 6 para 19(7)(b)

it is a periodic tenancy, and

Sch 6 para 19(7)(c)

each period of the tenancy is— including where there are different periods at different times, each of which falls within sub-paragraph (i) or (ii).

Sch 6 para 19(7)(c)(i)

a period of 28 days or shorter, or

Sch 6 para 19(7)(c)(ii)

a monthly period,

Sch 6 para 19(8)

In relation to times on or after the commencement date, an assured tenancy is a “relevant” assured tenancy if—

Sch 6 para 19(8)(a)

it is a periodic tenancy, and

Sch 6 para 19(8)(b)

each period of the tenancy is— including where there are different periods at different times, each of which falls within sub-paragraph (i) or (ii).

Sch 6 para 19(8)(b)(i)

a period of 28 days or shorter, or

Sch 6 para 19(8)(b)(ii)

a monthly period,

Sch 6 para 20 — Saving for existing powers to vary

Nothing in this Part of this Schedule prevents a relevant pre-application instrument from being varied or modified by the parties to it (and accordingly paragraphs 21 to 26 and paragraph 28 are subject to any such variation or modification).

Sch 6 para 21 — Relevant pre-application instruments that permit letting on tenancies that are no longer possible

Sch 6 para 21(1)

This paragraph applies to a relevant pre-application instrument if either or both of conditions A and B are met in relation to the affected dwelling-house.

Sch 6 para 21(2)

Condition A: immediately before the commencement date, the relevant pre-application instrument—

Sch 6 para 21(2)(a)

permitted the affected dwelling-house to be let under an assured shorthold tenancy, but

Sch 6 para 21(2)(b)

did not permit the affected dwelling-house to be let under a relevant assured tenancy.

Sch 6 para 21(3)

Condition B: immediately before the commencement date, the relevant pre-application instrument—

Sch 6 para 21(3)(a)

permitted the affected dwelling-house to be let under an assured tenancy (other than an assured shorthold tenancy), but

Sch 6 para 21(3)(b)

did not permit the affected dwelling-house to be let under a relevant assured tenancy.

Sch 6 para 21(4)

The relevant pre-application instrument has effect on and after the commencement date as if it permits the affected dwelling-house to be let under a relevant assured tenancy.

Sch 6 para 21(5)

That power to let under a relevant assured tenancy is exercisable in the same circumstances, and on the same terms, as the pre-commencement power to let was exercisable immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Sch 6 para 21(6)

In this paragraph “pre-commencement power to let” means—

Sch 6 para 21(6)(a)

if only condition A is met, the power to let mentioned in sub-paragraph (2)(a);

Sch 6 para 21(6)(b)

if only condition B is met, the power to let mentioned in sub-paragraph (3)(a);

Sch 6 para 21(6)(c)

if conditions A and B are both met, the power to let mentioned in sub-paragraph (3)(a).

Sch 6 para 22 — Relevant pre-application instruments that permit letting on tenancies that continue to be possible

Sch 6 para 22(1)

This paragraph applies to a relevant pre-application instrument if, immediately before the commencement date, the relevant pre-application instrument permitted the affected dwelling-house to be let under a relevant assured tenancy.

Sch 6 para 22(2)

That power to let under a relevant assured tenancy continues to be exercisable in the same circumstances, and on the same terms, as it was exercisable immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Sch 6 para 23 — Relevant pre-application instruments that require letting on tenancies that are no longer possible

Sch 6 para 23(1)

This paragraph applies to a relevant pre-application instrument if either or both of conditions A and B are met.

Sch 6 para 23(2)

Condition A: immediately before the commencement date—

Sch 6 para 23(2)(a)

the relevant pre-application instrument required the affected dwelling-house to be let, and

Sch 6 para 23(2)(b)

that requirement—

Sch 6 para 23(2)(b)(i)

would have been complied with by letting the affected dwelling-house under an assured shorthold tenancy, but

Sch 6 para 23(2)(b)(ii)

would not have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

Sch 6 para 23(3)

Condition B: immediately before the commencement date—

Sch 6 para 23(3)(a)

the relevant pre-application instrument required the affected dwelling-house to be let, and

Sch 6 para 23(3)(b)

that requirement—

Sch 6 para 23(3)(b)(i)

would have been complied with by letting the affected dwelling-house under an assured tenancy (other than an assured shorthold tenancy), but

Sch 6 para 23(3)(b)(ii)

would not have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

Sch 6 para 23(4)

The relevant pre-application instrument has effect on and after the commencement date as if it requires the affected dwelling-house to be let under a relevant assured tenancy.

Sch 6 para 23(5)

That requirement to let under a relevant assured tenancy must be complied with in the same circumstances, and on the same terms, as the pre-commencement requirement had to be complied with immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Sch 6 para 23(6)

In this paragraph “pre-commencement requirement” means—

Sch 6 para 23(6)(a)

if only condition A is met, the requirement to let mentioned in sub-paragraph (2)(b)(i);

Sch 6 para 23(6)(b)

if only condition B is met, the requirement to let mentioned in sub-paragraph (3)(b)(i);

Sch 6 para 23(6)(c)

if conditions A and B are both met, the requirement to let mentioned in sub-paragraph (3)(b)(i).

Sch 6 para 24 — Relevant pre-application instruments that require letting on tenancies that continue to be possible

Sch 6 para 24(1)

This paragraph applies to a relevant pre-application instrument if, immediately before the commencement date—

Sch 6 para 24(1)(a)

the relevant pre-application instrument required the affected dwelling-house to be let, and

Sch 6 para 24(1)(b)

that requirement would have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

Sch 6 para 24(2)

That requirement to let under a relevant assured tenancy must still be complied with in the same circumstances, and on the same terms, as it had to be complied with immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Sch 6 para 25 — Pre-commencement s.106 obligations with provision relating to letting on terms that are no longer possible

Sch 6 para 25(1)

This paragraph applies to a pre-application section 106 obligation if, immediately before the commencement date, it prevented or restricted the taking of particular action unless or until the affected dwelling-house was let under a superseded tenancy.

Sch 6 para 25(2)

On and after the commencement date, the pre-application section 106 obligation has effect as if it prevents or restricts the taking of the particular action unless or until the affected dwelling-house is let under a relevant assured tenancy.

Sch 6 para 25(3)

Any such letting under a relevant assured tenancy is to be made in the same circumstances, and on the same terms, as a letting under a superseded tenancy immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Sch 6 para 26 — Pre-commencement s.106 obligations with provision relating to letting on terms that continue to be possible

Sch 6 para 26(1)

This paragraph applies to a pre-application section 106 obligation if, immediately before the commencement date—

Sch 6 para 26(1)(a)

provision of the pre-application section 106 obligation prevented or restricted the taking of particular action unless or until the affected dwelling-house was let, and

Sch 6 para 26(1)(b)

that provision would have ceased to prevent or restrict that action if the affected dwelling-house was let under a relevant assured tenancy.

Sch 6 para 26(2)

Such a letting under a relevant assured tenancy must still be made in the same circumstances, and on the same terms, as a letting under a relevant assured tenancy immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Sch 6 para 27 — Requirements under the Community Infrastructure Regulations 2010

Sch 6 para 27(1)

This paragraph applies where—

Sch 6 para 27(1)(a)

a planning permission is granted before the commencement date on a relevant determination,

Sch 6 para 27(1)(b)

the planning permission was granted on the basis of a pre-application section 106 obligation, and

Sch 6 para 27(1)(c)

at the time the planning permission was granted, the pre-application section 106 obligation met the requirements under regulation 122(2) of the Community Infrastructure Regulations 2010.

Sch 6 para 27(2)

On and after the commencement date any effect of this Part is to be disregarded when considering whether the pre-application section 106 obligation continues to meet those requirements.

Sch 6 para 27(3)

In this paragraph “relevant determination” has the meaning given by regulation 122(3) of the Community Infrastructure Regulations 2010.

Sch 6 para 28 — Leases which cannot be returned at end of term free of sub-lease

Sch 6 para 28(1)

This paragraph applies to a lease if—

Sch 6 para 28(1)(a)

the lease was entered into before the commencement date or under a contract entered into before that date,

Sch 6 para 28(1)(b)

the lease is—

Sch 6 para 28(1)(b)(i)

periodic, or

Sch 6 para 28(1)(b)(ii)

a fixed term lease of a term certain not exceeding 21 years,

Sch 6 para 28(1)(c)

the lease is modified by paragraph 21 or 23,

Sch 6 para 28(1)(d)

a dwelling-house is sub-let under the lease on a tenancy (entered into before or after the commencement date) which is (or becomes on or after that date, by virtue of this Act or otherwise) a relevant assured tenancy, and

Sch 6 para 28(1)(e)

the tenancy was entered into in accordance with the terms of the lease as they stood when the tenancy was entered into (or, if it was not, the breach has been waived by the landlord).

Sch 6 para 28(2)

The lease has effect as if it provided that a failure by the lessee at the end of the lease to return the premises to the landlord free from the relevant assured tenancy does not constitute a breach of the lease.

Sch 6 para 29 — Application to agreements etc relating to leases, mortgage arrangements or contracts of insurance

In this Part of this Schedule references to a lease, mortgage arrangement or contract of insurance, and references to the terms of a lease, mortgage arrangement or contract of insurance, include references to—

Sch 6 para 29(a)

the terms of any agreement relating to the lease, mortgage arrangement, or contract of insurance, and

Sch 6 para 29(b)

any document or communication from a party to the lease, mortgage arrangement, or contract of insurance, which gives or refuses consent for letting in relation to a category or description of tenancy.

Sch 6 para 30 — Application to sub-letting

Sch 6 para 30(1)

In a case where the relevant pre-application instrument is a lease, a reference in this Part of this Schedule to a letting of the affected dwelling-house is a reference to a sub-letting of those premises under that lease or any inferior lease.

Sch 6 para 30(2)

In the case of any other relevant pre-application instrument, a reference in this Part of this Schedule to a letting of the affected dwelling-house includes a reference to a sub-letting of those premises under any lease or inferior lease of those premises.

Sch 6 para 31 — Application in certain circumstances

Sch 6 para 31(1)

In a case where a relevant pre-application instrument— the instrument is to be regarded as permitting (and not as requiring) the dwelling-house to be let under that description of tenancy (and this Part of this Schedule applies accordingly).

Sch 6 para 31(1)(a)

gave, or gives, a discretion whether to let an affected dwelling-house, but

Sch 6 para 31(1)(b)

required, or requires, the affected dwelling-house to be let under a tenancy of a particular description if it is let,

Sch 6 para 31(2)

The following provisions of this paragraph apply if there are two or more affected dwelling-houses in relation to the relevant pre-application instrument.

Sch 6 para 31(3)

This Part of this Schedule applies separately in relation to each of those dwelling-houses.

Sch 6 para 31(4)

But, if any term of the instrument is such that it gave, or gives, a discretion as to which particular dwelling-house or dwelling-houses the term applies to, this Schedule does not affect that discretion (but the term otherwise has effect subject to this Part of this Schedule).

Sch 6 para 32 — Power to disapply or modify this Part

Sch 6 para 32(1)

The Secretary of State may by regulations disapply or modify the effect of this Part of this Schedule in relation to relevant pre-application instruments of a specified description.

Sch 6 para 32(2)

Where the Secretary of State makes regulations under this paragraph disapplying the effect of this Part, the fact that this Schedule has previously applied in relation to a relevant pre-application instrument does not prevent the exercise of the powers in section 148(7)(b) in relation to the relevant pre-application instrument.

Sch 6 para 33 — Meaning of “permitting” letting

A relevant pre-application instrument permitted, or permits, the affected dwelling-house to be let under a tenancy of a particular description if letting the affected dwelling-house under a tenancy of that description would not have breached the terms of the relevant pre-application instrument.

Sch 6 para 34 — Interpretation

In this Part of this Schedule— “affected dwelling-house” has the meaning given in paragraph 19(6); “assured shorthold tenancy” is to be read in accordance with Part 1 of the 1988 Act as it had effect immediately before the commencement date; “assured tenancy”, in relation to a time before the commencement date, is to be read in accordance with Part 1 of the 1988 Act as it had effect at that time; “the commencement date” has the meaning given by section 146(3); “contract of insurance” has the meaning given by article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; “dwelling-house” has the same meaning as in Part 1 of the 1988 Act — see section 45 of that Act); “mortgage arrangement which relates to residential premises” or “mortgage arrangement” means an arrangement under which— credit is or continues to be provided to a person, and the obligation of the person to repay is secured by a legal or equitable mortgage or other charge on the residential premises; “pre-application section 106 obligation” means a section 106 obligation that was entered into before the commencement date; “relevant assured tenancy” has the meaning given in paragraph 19(7) and (8); “relevant pre-application instrument” has the meaning given in paragraph 19(2) to (5); “residential premises” has the meaning given in paragraph 19(1); “section 106 obligation” means a planning obligation under section 106 of the Town and Country Planning Act 1990; “superseded tenancy” means— an assured shorthold tenancy, and an assured tenancy (other than an assured shorthold tenancy) that is not a relevant assured tenancy.

UKPGA-2025-26 Renters’ Rights Act 2025 UK

End of certain kinds of assured tenancy

Grounds for possession

Rent and other terms

Duties of landlords etc

Landlords etc: financial penalties and offences

Landlords etc: supplementary

Other changes

Other amendments

Powers of Secretary of State

Discrimination and discriminatory terms: children and benefits status

Discrimination and discriminatory terms: power to protect others

Discrimination: financial penalties

Supplementary

Prohibitions of discrimination

Discriminatory terms

Supplementary

Discrimination and discriminatory terms: children and benefits status

Discrimination and discriminatory terms: power to protect others

Supplementary

Landlord redress schemes

Guidance

Interpretation

The database and the database operator

Landlord and dwelling entries

Marketing, advertising and letting

Entries relating to banning orders, offences, financial penalties, etc.

Further duties of database operator

Access to and use of information in database

Removal of entries

Enforcement

Final provisions

Investigatory powers under this Act

Amendments

End of certain kinds of assured tenancy

Grounds for possession

Rent and other terms

Duties of landlords etc

Landlords etc: financial penalties and offences

Landlords etc: supplementary

Other changes

Other amendments

Powers of Secretary of State

Discrimination and discriminatory terms: children and benefits status

Discrimination and discriminatory terms: power to protect others

Discrimination: financial penalties

Supplementary

Prohibitions of discrimination

Discriminatory terms

Supplementary

Discrimination and discriminatory terms: children and benefits status

Discrimination and discriminatory terms: power to protect others

Supplementary

Landlord redress schemes

Guidance

Interpretation

Related amendments

The database and the database operator

Landlord and dwelling entries

Marketing, advertising and letting

Entries relating to banning orders, offences, financial penalties, etc.

Further duties of database operator

Access to and use of information in database

Removal of entries

Enforcement

Final provisions

Investigatory powers under this Act

Amendments