Uruguay - Third Highway Project
In the 1988 Act, before section 5 insert—
In the 1988 Act—
omit section 6A (demotion to assured shorthold tenancy because of anti-social behaviour);
omit Chapter 2 of Part 1 (assured shorthold tenancies).
Schedule 1 contains amendments of Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let on assured tenancies).
In section 7 of the 1988 Act (orders for possession)—
in subsection (3), for “subsections (5A) and (6)” substitute “the following provisions of this section”;
in subsection (4) omit “, subject to subsections (5A) and (6) below,”;
in subsection (5) omit the words from “and Part IV” to the end”;
after subsection (5) insert—;
in subsection (5A)—
in paragraph (a), for “, 2, 5” substitute “to 5H, 6A, 6B”
omit paragraph (b) (but not the “and” at the end).
after subsection (5A) insert—
omit subsections (6), (6A), (6B) and (7).
In section 8 of the 1988 Act (notice of proceedings for possession)—
in subsection (1)(a) for “(4B)” substitute “(4AA)”;
in subsection (3)(b) for “(3A) to (4B)” substitute “(4) to (4AA)”;
omit subsection (3A);
in subsection (4)—
for “Ground 14” substitute “either or both of Grounds 7A and 14”;
after “whether” insert “with or”;
omit “or with any ground other than Ground 7A”;
for subsections (4A) and (4B) substitute—;
after subsection (5) insert—;
omit subsection (6).
After section 8 of the 1988 Act insert—
After section 11 of the 1988 Act insert—
In the 1988 Act, in section 9A—
in subsection (2), after paragraph (c) insert—;
after subsection (2) insert—
In section 8 of the 1988 Act, after subsection (6) insert—
Section 13 of the 1988 Act (increases of rent) is amended in accordance with subsections (2) to (8).
In the heading for “periodic tenancies” substitute “tenancies other than relevant low-cost tenancies”.
For subsection (1) substitute—
In subsection (2)—
in paragraph (a), for “the minimum period” substitute “two months”;
in paragraph (b)—
for the words before sub-paragraph (i) substitute “either”;
after sub-paragraph (i) insert “or”;
in paragraph (c)—
in the words before sub-paragraph (i), after “below” insert “, either”;
after sub-paragraph (i) insert “or”.
Omit subsection (3).
In subsection (4)—
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)”;
in paragraph (b) for “variation of the rent which is different from” substitute “new rent which is lower than”.
After subsection (4) insert—
Omit subsection (5).
After section 13 of the 1988 Act insert—
Section 14 of the 1988 Act (determination of rent by tribunal) is amended in accordance with subsections (2) to (9).
In the title, after “of” insert “open-market”.
Before subsection (1) insert—
In subsection (1)—
for the words from the beginning to “that section,” substitute “Where an application is made under subsection (A1) or (A3),”;
for paragraphs (a) and (b) substitute—;
in paragraph (c) for “notice” substitute “application”;
omit paragraph (d) and the “and” before it.
In subsection (3)—
in the words before paragraph (a)—
omit the words from “in relation to” to “above,”;
for “notice”, in the second place it occurs, substitute “application”;
in paragraphs (a) and (b) for “service of the notice” substitute “the application”.
In subsection (3A)—
in the words before paragraph (a), for the words from “on” to “served,” substitute “of the application”;
in paragraph (a), for “that notice was served” substitute “the application was made”.
Omit subsections (6) and (7).
In subsection (8) omit “of a rent for a dwelling-house”.
Omit subsection (9).
After section 14 of the 1988 Act insert—
Omit sections 14A and 14B of the 1988 Act.
In the 1988 Act, after section 4A (inserted by section 1 of this Act) insert—
Schedule 1 to the Tenant Fees Act 2019 (permitted payments) is amended in accordance with subsections (2) and (3).
After paragraph 1(1) (rent is a permitted payment) insert—
For sub-paragraph (2) of paragraph 1 substitute—
After section 5 of the Tenant Fees Act 2019 insert—
The Tenant Fees Act 2019 is further amended as follows—
in section 6 (enforcement by local weights and measures authorities)—
in subsection (1), in paragraph (b) omit “and” and after that paragraph insert—;
in subsection (3), for “or 2” substitute “, 2 or 5A”;
in section 7 (enforcement by district councils), in subsection (1), for “and 2” substitute “, 2 and 5A”;
in section 8 (financial penalties), in subsection (1), for “or 2” substitute “, 2 or 5A”;
in section 10 (recovery by enforcement authority of amount paid)—
in subsection (1)(a), for “or 2” substitute “, 2 or 5A”;
after subsection (2) insert—;
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”;
in section 15 (recovery by relevant person of amount paid), in subsection (1)(a), for “or 2” substitute “, 2 or 5A”.
In the 1988 Act, after section 14ZB (inserted by section 7 of this Act) insert—
In the 1988 Act, after section 16 insert—
In section 45(1) of the 1988 Act, in the appropriate place insert—
In the 1988 Act, after section 16B (inserted by section 11 of this Act) insert—
In the 1988 Act, after section 16D (inserted by section 12 of this Act) insert—
The Secretary of State may, by regulations, repeal section 16F(3) to (5) of the 1988 Act.
In the 1988 Act, after section 16G (inserted by section 13 of this Act) insert—
In the 1988 Act, after section 16H (inserted by section 14 of this Act) insert—
In the 1988 Act, after Schedule 2 insert—
In the 1988 Act, after section 16L (inserted by section 15 of this Act) insert—
In section 44 of the 1988 Act (application of Part 1 of that Act to Crown property)—
in subsection (1), for “subsection (2)” substitute “subsections (1A) and (2)”;
after subsection (1) insert—
In the 1988 Act, after section 16M (inserted by section 17 of this Act) insert—
Section 5 of the Protection from Eviction Act 1977 (notices to quit) is amended as follows.
In subsection (1), for paragraph (b) substitute—
After subsection (1) insert—
After section 5 of the Protection from Eviction Act 1977 insert—
Section 11 of the 1988 Act (payment of removal expenses) is amended as follows.
In the heading, after “expenses” insert “by social landlords”.
Before subsection (1) insert—
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”.
After subsection (1) insert—
In subsection (2), after “(1)” insert “or (1A)”.
After subsection (3) insert—
In section 25 of the 1988 Act (security of tenure in relation to assured agricultural occupancies)—
omit subsection (1);
in subsection (2)—
for “Part II” substitute “Part 1”;
for “Ground 16” substitute “Grounds 2ZA to 2ZD, 5A and 5C”.
The 1988 Act is amended as follows.
In section 24 (assured agricultural occupancies), after subsection (1) insert—
In subsection (2)(a) of that section omit “which is not an assured shorthold tenancy”.
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”.
After that section insert—
The Housing Act 1996 is amended as follows.
In section 193 (duty to persons with priority need who are not homeless intentionally)—
in subsection (1A), omit paragraph (b) (exception for notice of refusal to co-operate) and the “or” before it;
in subsection (6) omit paragraph (cc);
in subsection (7AB) omit paragraph (c) and the “and” before it;
in subsection (7AC)—
in paragraph (a) omit “shorthold”;
at the end of paragraph (a) insert “and”;
omit paragraph (c) and the “and” before it.
In section 193C (consequences of deliberate and unreasonable refusal to co-operate) omit subsections (3) to (10) (homelessness relief duty).
Omit section 195A (duty to offer accommodation following re-application after private sector offer).
Chapter 4 of Part 6 of the Housing Act 2004 (tenancy deposit schemes) is amended as follows.
In section 212—
in subsection (1), for “shorthold” substitute “assured”;
in subsection (2), for “shorthold” substitute “assured”;
in subsection (8)—
at the appropriate place insert—
omit the definition of “shorthold tenancy”;
in the definition of “tenancy deposit”, for “a shorthold” substitute “an assured”;
in subsection (9), in paragraph (a), for “shorthold” substitute “assured”.
In section 213, in each place it occurs, for “a shorthold” substitute “an assured”.
In section 214—
in subsection (1)—
for “a shorthold” substitute “an assured”;
omit “on or after 6 April 2007”;
after subsection (1) insert—;
in subsection (5), for “a shorthold” substitute “an assured”.
For section 215 substitute—
Omit section 215A.
In section 215B—
in the title, for “Shorthold” substitute “Assured”;
in subsection (1)—
in paragraph (a) for “a shorthold” substitute “an assured”;
in paragraph (d) for “shorthold” substitute “assured”.
Omit section 215C.
In Schedule 10—
for “shorthold tenancies”, in each place it occurs, substitute “assured tenancies”;
for “a shorthold tenancy”, in each place it occurs, substitute “an assured tenancy”.
The Tenant Fees Act 2019 is amended as follows.
Omit section 17.
In section 28(1) (interpretation)—
for the definition of “assured shorthold tenancy” substitute—;
omit the definition of “long lease”;
an assured tenancy other than a tenancy of social housing,
In section 32 (Crown application), in subsection (3)(b), for “assured shorthold tenancy” substitute “assured tenancy”.
In Schedule 3 (financial penalties etc), in paragraph 12(3)(a), for “assured shorthold tenancy” substitute “assured tenancy”.
In section 6(6) of the Local Government Finance Act 1992, in the definition of “material interest”—
for “or a” substitute “, a”;
after “more” insert “or a tenancy that is or was previously an assured tenancy within the meaning of the Housing Act 1988”.
Schedule 2 contains amendments relating to this Chapter.
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—
fixed term assured tenancies, or
assured shorthold tenancies.
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.
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.
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—
have effect with specified modifications, or
cease to have effect (in whole or in part).
For the purposes of subsection (4)—
“pre-application instrument” means an agreement or other instrument entered into—
before the regulations come into force, or
when or after they come into force under a contract entered into before then or by the acceptance of an offer made before then;
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—
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;
as a result of any provision of the regulations, it is unclear what the effect is of provision made by the instrument;
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;
the instrument makes direct or indirect reference to any enactment as it had effect before being amended by the regulations.
Regulations made by virtue of subsection (4) must provide that they do not prevent—
the variation or revocation of provision modified by the regulations, or
the re-making of provision that has ceased to have effect as a result of the regulations.
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.
Nothing in this Chapter limits the provision that may be made by regulations under this section.
Nothing in this section limits the provision that may be made in regulations under Part 5.
In this section—
“section 106 obligation” means a planning obligation under section 106 of the Town and Country Planning Act 1990;
“restricted information” means information that—
In Part 1 of Schedule 1 to the 1988 Act (tenancies which cannot be assured tenancies), after paragraph 3C insert—
In section 133 of the 1988 Act (consent required for certain subsequent disposals), in subsection (11)(f), for “4” substitute “3D”.
In the Landlord and Tenant Act 1985—
in section 9B (leases to which section 9A of that Act applies), in subsection (1)(b)—
after “subsection (1A)” insert “, (1AA)”;
for the words from “leases” to “more” substitute “certain leases to which section 11 applies”;
in section 13 (leases to which section 11 of that Act applies: general rule)—
after subsection (1) insert—;
in subsection (1ZA), for “But in” substitute “In”;
after subsection (1ZB) insert—;
in subsection (1A) omit paragraph (b) and the word “or” preceding it;
after subsection (1A) insert—;
in subsection (1B), for “In subsection (1A)” substitute “In this section”.
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”.
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—
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
until that time the amendments made by subsections (1) and (4) do not apply in relation to the tenancy.
For the purposes of subsection (5), proceedings are “time-barred” after the time limit mentioned in section 8(3)(c) of the 1988 Act.
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,”.
In Schedule 1 to the 1988 Act, paragraph 8 (lettings to students that are not assured tenancies) is amended as follows—
A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution if— Subsection (1) is subject to sub-paragraphs (2B) to (2D) and (5) to (7).
Regulations under sub-paragraph (2) may, in particular, specify as a body of persons— from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2). The Secretary of State may by regulations made by statutory instrument— The Secretary of State may by regulations made by statutory instrument— The Secretary of State may by regulations made by statutory instrument— Regulations under sub-paragraph (2B)(a) or (2C)(b) or (2D)(b) may, in particular, specify as a class of building— from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (1)(b), (2B)(a) or (2C)(b). Regulations under sub-paragraph (2C)(a) may, in particular, specify as a class of student landlord— from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2C)(a).
in sub-paragraph (3), for “the power conferred by sub-paragraph (2) above” substitute “a power conferred by this section”;
Regulations under this paragraph— The question of whether or not a tenancy is within this paragraph is to be determined by reference to the circumstances at the time when the tenancy is granted. A change in the circumstances after that time does not affect whether or not a tenancy is within this paragraph, except in a case where— In such a case, the tenancy ceases to fall within this paragraph (and accordingly this paragraph ceases to prevent the tenancy from being an assured tenancy) at the time when the tenant is entitled to possession. Condition A is met if— Condition B is met if— But condition B is not met in any circumstances that are specified, or are of a description specified, for this purpose by regulations made by the Secretary of State. For the purposes of this paragraph—
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—
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—
enquiring whether the dwelling is available for let,
accessing information about the dwelling,
viewing the dwelling in order to consider whether to seek to rent it, or
entering into a tenancy of the dwelling, or
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.
Subsection (1) does not apply if—
the relevant person can show that the conduct is a proportionate means of achieving a legitimate aim, or
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.
to which section 38 does not apply, and
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,
Conduct does not breach the prohibition in subsection (1) if it consists only of—
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—
publishing advertisements or disseminating information;
providing a means by which a prospective landlord can communicate directly with a prospective tenant;
providing a means by which a prospective tenant can communicate directly with a prospective landlord, or
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.
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—
on the basis that a person is or may be a benefits claimant, prevent the person from—
enquiring whether the dwelling is available for let,
accessing information about the dwelling,
viewing the dwelling in order to consider whether to seek to rent it, or
entering into a tenancy of the dwelling, or
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.
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.
to which section 38 does not apply, and
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,
Conduct does not breach the prohibition in subsection (1) if it consists only of—
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—
publishing advertisements or disseminating information;
providing a means by which a prospective landlord can communicate directly with a prospective tenant;
providing a means by which a prospective tenant can communicate directly with a prospective landlord, or
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.
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.
Subsection (1) does not apply if—
the provision is a proportionate means of achieving a legitimate aim, or
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.
to which section 38 does not apply, and
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,
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.
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.
to which section 38 does not apply, and
which contains a term which makes provision (however expressed) requiring the insured to prohibit the tenant from being a benefits claimant,
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 having a child live with or visit them at the dwelling, or
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.
Subsection (1) does not apply if—
the provision is a proportionate means of achieving a legitimate aim, or
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.
to which section 38 does not apply, and
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,
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.
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.
to which section 38 does not apply, and
which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from being a benefits claimant,
For the purposes of this section, the terms of a lease include—
the terms of any agreement relating to the lease, and
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.
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—
prohibit a tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or
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.
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.
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 having a child live with or visit them at the dwelling, or
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.
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.
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.
If the Secretary of State is satisfied that— the Secretary of State may make regulations prohibiting that discriminatory rental practice.
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
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,
A “discriminatory rental practice” exists in relation to relevant rental dwellings if some or all relevant persons—
on the basis that people are members of a particular group, prevent those people from—
enquiring whether relevant rental dwellings are available for let,
accessing information about relevant rental dwellings,
viewing relevant rental dwellings in order to consider whether to seek to rent them, or
entering into tenancies of relevant rental dwellings, or
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.
The “victims” of a discriminatory rental practice are—
where a particular group of people are prevented from doing the things mentioned in subsection (2)(a), the people in that group;
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.
Regulations “prohibiting” a discriminatory rental practice are regulations relating to— which make provision corresponding to the other anti-discrimination legislation in this Chapter
the discriminatory rental practice, and
the persons who are the victims of it,
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).
sections 33 and 34, except for sections 33(3)(b) and 34(3)(b), and
sections 35 to 38;
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—
victims of the discriminatory rental practice or one or more representatives of such persons;
landlords and prospective landlords under relevant tenancies or one or more representatives of such persons;
landlords under regulated tenancies or one or more representatives of such persons;
other landlords and prospective landlords under leases of premises that consist of or include a dwelling or one or more representatives of such persons;
mortgagees of dwellings or one or more representatives of such persons;
insurers of dwellings or one or more representatives of such persons;
local housing authorities or one or more representatives of local housing authorities.
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.
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—
section 33 or 34, or
provision in regulations made under section 39.
More than one financial penalty may be imposed under subsection (1) on the same person in respect of the same conduct only if—
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
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.
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).
If— then the local housing authority may impose an additional financial penalty under this subsection on that person.
the local housing authority imposes a financial penalty under subsection (1) on a person, and
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,
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.
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.
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.
a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and
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,
The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.
Local housing authorities must have regard to any guidance issued under subsection (8).
The Secretary of State may by regulations amend the amount specified in subsection (5) to reflect changes in the value of money.
For the purposes of this section—
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
“final notice” has the meaning given by paragraph 6 of Schedule 5.
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.
In this Chapter—
other Ministers of the Crown,
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);
The current tenancy began at least 1 year before the relevant date and the landlord who is seeking possession requires the dwelling-house as the only or principal home of any of the following— the landlord; the landlord’s spouse or civil partner or a person with whom the landlord lives as if they were married or in a civil partnership; the landlord’s— parent; grandparent; sibling; child; grandchild; a child or grandchild of a person mentioned in paragraph (b). A relationship of the half-blood is to be treated as a relationship of the whole blood. In the case of joint landlords seeking possession, references to “the landlord” in this ground are to be read as references to at least one of those joint landlords. When calculating whether the current tenancy began at least 1 year before the relevant date, both— the day when the current tenancy began, and the relevant date, must be included in the calculation.
In Ground 2—
in the words before paragraph (a) omit “granted before the beginning of the tenancy”;
omit paragraph (c) (and the “and” before it).
Omit Ground 3.
In Ground 5—
omit paragraph (a) (together with the final “and”);
if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 15 of Schedule 15 to the Rent Act 1977, and the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.
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. The dwelling-house was let to the tenant in consequence of the tenant’s employment— by the landlord seeking possession, in the case of joint landlords seeking possession, by at least one of them, by a previous landlord under the tenancy, or pursuant to an agreement between any of those landlords and the employer, and either— the tenant has ceased to be in that employment, or the tenancy was granted for the purpose of providing the tenant with accommodation during the early period of their employment, that purpose has been fulfilled and the landlord seeking possession intends to let the dwelling-house to another current or future employee of the employer. In this ground, “the employer” means the tenant’s employer at the time the tenant entered the tenancy. This ground also applies to the letting of a dwelling-house to a tenant in consequence of the tenant’s service in the office of constable, but with the following modifications. “Employment” means service in the office of constable. In the first paragraph of this ground, in paragraph (d), “the employer” means any of the following persons— the chief officer of a police force; a policing body; in relation to a constable’s service under the direction and control of a person who is not a constable (the “senior person”)— the senior person, or a person or body with the function of maintaining or securing the maintenance of the body of which the senior person is a member. the tenancy was granted for a particular purpose relating to the tenant’s service as a constable and— that purpose has been fulfilled, or the tenancy is no longer required for that purpose. In those modifications— “service in the office of a constable” includes a constable’s service under the direction and control of a person who is not a constable; “chief officer of a police force” means— a chief officer of police (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act), the chief constable of the Ministry of Defence Police, the chief constable of the British Transport Police, the chief constable of the Civil Nuclear Constabulary, the chief constable of the Police Service of Scotland, or the chief constable of the Police Service of Northern Ireland; “policing body” means— a local policing body (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act), the Secretary of State in relation to the Ministry of Defence Police, the British Transport Police Authority, the Civil Nuclear Police Authority, the Scottish Police Authority, or the Northern Ireland Policing Board. In the italic heading, for “16” substitute “5C”.
Ground 5F The dwelling-house was supported accommodation when the tenancy was granted and any of the following applies— the tenancy was granted for the purpose of providing the tenant with support services for a limited time in order to enable the tenant to be able to live in other accommodation in the future and the period for which those support services were to be provided has ended; a person other than the landlord provides or provided support services to the tenant, but— the support services have come to an end or the person is not fulfilling their obligations under the arrangements for the provision of those services, and where the dwelling-house is not managed accommodation, the landlord has used reasonable endeavours to find another person to provide support services to the tenant but has not been able to do so; where the accommodation or support services were funded wholly or partly by someone other than the landlord or the tenant— that funding is no longer being provided, where the dwelling-house is not managed accommodation, the landlord used reasonable endeavours to identify alternative funding before the relevant date but was not able to do so, and it would not be reasonable for the landlord to continue to provide accommodation or for the person who provided support services to continue that provision in the circumstances; the financial viability of the landlord or of supported accommodation or support services the landlord provides to others would, in the landlord’s reasonable opinion, be threatened if the landlord were to continue to provide or fund a supported accommodation project of which the tenant’s dwelling-house forms part and the landlord used reasonable endeavours to identify alternative funding for the project before the relevant date but was not able to do so; the tenant does not need the level of support services that are provided; the tenant does not need any support services; the support services that are provided do not meet the tenant’s needs; the dwelling-house has physical features intended to enable persons with needs for particular support services to live more independently than they could do so without those features and those physical features are not needed by the tenant; the dwelling-house is physically unsuitable for a person with the tenant’s needs for support services to live in. In paragraph (d), “supported accommodation project” means— supported accommodation consisting of two or more dwelling-houses in the same building as, or otherwise nearby, each other, supported accommodation consisting of two or more dwelling-houses occupied by tenants who receive support services of a similar kind, or support services of a similar kind provided to tenants of two or more dwelling-houses that are supported accommodation. In this ground, references to the “landlord” are to the landlord who is seeking possession. Ground 18 The tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing support services with regard to those services.
These conditions are met— the general redevelopment conditions (in every case); the landlord’s acquisition condition, but only in a case where section 7(5ZA) applies in relation to the tenancy; the additional RSL condition, but only in a case where the landlord seeking possession is— a relevant social landlord, and the person who intends to carry out the work mentioned in this ground. The “general redevelopment conditions” are met if— the landlord seeking possession is mentioned in the first column in a row of the table in this ground; the tenancy is mentioned in the second column of that row; a person mentioned in the third column of that row intends to— demolish or reconstruct the whole or a substantial part of the dwelling-house, or carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part; the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because— the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out, the nature of the intended work is such that no such variation is practicable, the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of the landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or the nature of the intended work is such that such a tenancy is not practicable; either — the assured tenancy began at least 6 months before the relevant date, or notice of a compulsory acquisition was given in respect of the dwelling-house where— the acquiring authority was the person who became the landlord who is seeking possession, and the dwelling-house was transferred to that landlord within the period of 12 months ending with the relevant date; the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977, as amended by Part 1 of Schedule 4 to this Act or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended by Part 2 of that Schedule. The “landlord’s acquisition condition” is met if— the landlord seeking possession acquired their interest in the dwelling-house before the grant of the tenancy, or that interest was in existence at the time of that grant and neither that landlord (or, in the case of joint landlords, any of them) nor any other person who, alone or jointly with others, has acquired that interest since that time acquired it for money or money’s worth. The “additional RSL condition” is met in case A, case B or case C. Case A: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect— it is let as a separate dwelling with adequate security of tenure; it is affordable; it is in an appropriate location; it is not overcrowded. Case B: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect— it is being provided temporarily until other alternative accommodation becomes available which will meet the conditions in case A; it is affordable; it is in an appropriate location; it is not overcrowded. Case C: a case where— the tenancy of the dwelling-house was not granted pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996, when the tenancy was granted, the landlord intended to— demolish or reconstruct the whole or a substantial part of the dwelling-house, or carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part, within a specific period, and the relevant social landlord gave the tenant, before the tenancy was entered into, a written statement of the landlord’s wish to be able to recover possession on the basis of that intention to carry out that work within that period (and that period must be included in the statement). For the purpose of the additional RSL condition, accommodation— is let “with adequate security of tenure” if it is let— on an assured tenancy, or on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy; is “affordable” if it is— no more expensive than the dwelling-house of which possession is being sought, or reasonably suitable to the means of the tenant; is “in an appropriate location” if it is— reasonably close to the dwelling-house of which possession is being sought, or reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work; is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985. Landlord seeking possession Tenancy Landlord intending to redevelop a relevant social landlord any tenancy the landlord who is seeking possession a superior landlord the unit-holder of a commonhold unit in relation to which a commonhold association exercises functions a tenancy of a dwelling-house which is contained in or comprises the commonhold unit the landlord who is seeking possession the commonhold association any landlord other than a relevant social landlord or a unit-holder of a commonhold unit in relation to which a commonhold association exercises functions any tenancy the landlord who is seeking possession In this ground—
In Ground 7—
in the first unnumbered paragraph for the words from “The tenancy” to “devolved” insert “The tenancy has devolved on a person (the “new tenant”)”;
But, if the new tenant is occupying the dwelling-house as the new tenant’s only or principal home immediately before the death of the former tenant, an order for possession on this Ground may not be made unless— the tenancy has previously devolved on the former tenant under a will or intestacy (whenever that devolution occurred), or the tenancy is a special tenancy immediately before the death of the former tenant. In this Ground “special tenancy” means— a tenancy of social housing (within the meaning given by Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing; a tenancy entered into pursuant to a rent-to-buy agreement (which has the same meaning as in Ground 1B) where the landlord is a private registered provider of social housing; a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2; a tenancy where the former tenant’s occupation of the dwelling-house is in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 (and here “local housing authority” has the same meaning as in Ground 5G); a tenancy which meets the conditions in paragraphs (a), (b), (d) and (e) in the first paragraph of Ground 5H.
omit the third unnumbered paragraph.
is not made available to the public by virtue of regulations under section 86, and
The Local Government Act 1974 is amended in accordance with paragraphs 2 to 5.
Section 33 (consultation between Local Commissioner and other Commissioners and Ombudsmen) is amended as follows. In the heading, for the words from “Local Commissioner” to the end substitute “Local Commissioner and other appropriate persons”. In subsection (1)— In subsection (2)— In subsection (3)— After subsection (3) insert— Omit subsections (3A) to (3C). 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)”. After subsection (5) insert—
“relevant assured tenancy” has the meaning given in paragraph 19(7) and (8);
Section 33ZA (collaborative working between Local Commissioners and others) is amended as follows. 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.” Omit subsections (1A) and (1B). 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.” After subsection (5) insert—
In section 33ZB (arrangements for provision of administrative and other services), for subsection (4) substitute—
In section 34 (interpretation), in subsection (1), at the appropriate places insert— .
“relevant local authority” means—
the activities of a landlord under a tenancy of residential premises in England;
In the Capital Allowances Act 2001, in section 490(3)(b) (assured tenancy allowances), omit “(but not an assured shorthold tenancy)”.
In Schedule 9 to the Finance Act 2003 (stamp duty land tax: right to buy, shared ownership leases etc)—
in paragraph 13, in each place it occurs, for “assured shorthold tenancy” substitute “assured tenancy”;
in paragraph 14, in each place it occurs, for “assured shorthold tenancy” substitute “assured tenancy”.
The Housing and Regeneration Act 2008 is amended as follows.
In the Localism Act 2011—
in section 148 (duties to homeless persons) omit subsection (6)(b) and the “and” before it;
in section 149 (duties to homeless persons: further amendments) omit subsections (2) and (4);
in section 158 (secure and assured tenancies: transfer of tenancy)—
omit subsection (3)(b)(i) and the “and” after it;
omit subsection (4)(b) and the “or” before it;
in subsection (8)(b), omit the words “that is not an assured shorthold tenancy”;
in subsection (9)(b), omit the words “that is not an assured shorthold tenancy”;
in subsection (10), omit “shorthold”;
in section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(c), for “and “assured shorthold tenancy” have” substitute “has”;
in section 162 (secure and assured tenancies: recovery of possession after tenant’s death) omit subsection (4);
omit section 163;
omit section 164;
in section 184 (tenancy deposit schemes), omit subsections (10) to (13);
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”.
In Schedule 12 to the Renting Homes (Wales) Act 2016—
in the Welsh language text, after paragraph 29 insert—;
in the English language text, after paragraph 29 insert—
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”.
In section 180 (right to acquire)—
in subsection (2)(a), omit “, other than a long tenancy”;
in subsection (2A), omit “shorthold”.
In Schedule 11 (possession orders relating to certain tenancies), in Part 1—
omit paragraph 7;
omit paragraph 9.
“official” means—
“prospective landlord” means the person who proposes to make a proposed letting;
Paragraph 10A of Schedule 2 to the Housing Act 1996 (housing complaints: collaborative working with Local Commissioners) is amended as follows. In the heading above that paragraph, for “Local Commissioners” substitute “other appropriate persons”. 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.” Omit sub-paragraph (1A). 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.” 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.” For the purposes of this paragraph—
residential premises in England that are let, or intended to be let, under a tenancy;
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.
After the end of the period for representations the enforcement authority must—
decide whether to impose a financial penalty on the person, and
if it decides to do so, decide the amount of the penalty.
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. 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. 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. A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.
“Residential premises” are premises that consist of or include one or more dwelling-houses in England. A lease of residential premises (whether or not in writing) is a “relevant pre-application instrument” if it was entered into— A mortgage arrangement which relates to residential premises is a “relevant pre-application instrument” if it was entered into— A contract of insurance which relates to residential premises is a “relevant pre-application instrument” if it was entered into— A section 106 obligation is a “relevant pre-application instrument” if it was entered into before the commencement date. In relation to a relevant pre-application instrument, “affected dwelling-house” means— In relation to times before the commencement date, an assured tenancy is a “relevant” assured tenancy if— In relation to times on or after the commencement date, an assured tenancy is a “relevant” assured tenancy if—
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. 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.
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. 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. 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.
This paragraph applies to a lease if— 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.
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). The following provisions of this paragraph apply if there are two or more affected dwelling-houses in relation to the relevant pre-application instrument. This Part of this Schedule applies separately in relation to each of those dwelling-houses. 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).
In this Part of this Schedule—
“residential tenancy” and “residential tenant” are to be read accordingly.
“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;
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.
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.
The final notice must set out—
the date on which the final notice is given,
the amount of the financial penalty,
the reasons for imposing the penalty,
information about how to pay the penalty,
the period for payment of the penalty,
information about rights of appeal, and
the consequences of failure to comply with the notice.
In section 13(1A) of the Landlord and Tenant Act 1985 (as amended by section 31) omit paragraph (b) and the “or” before it.
by the member against another person;
“relevant person” means—
In paragraph 15 of Schedule 6 to the Public Services Ombudsman (Wales) Act 2005 (consequential amendments)—
in sub-paragraph (2), omit paragraphs (c) and (e);
omit sub-paragraph (3).
The Housing Act 1985 is amended as follows.
The 1988 Act is amended as follows.
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).
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)”.
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”;
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”.
In section 82A (demotion because of anti-social behaviour)—
in subsection (1), omit paragraphs (ba) and (c);
in subsection (8), omit paragraph (b).
In section 5 (security of tenure)—
in subsection (1)—
in paragraph (a)(i) omit “or 21”;
omit paragraphs (b) and (c) (but not the “or” after them);
in the words after paragraph (d), for “a periodic” substitute “an”;
omit subsections (2) to (7).
In section 171B (extent of preserved right), omit subsection (1A).
Omit section 6.
In section 553 (effect of repurchase on certain existing tenancies (England)), in subsection (2)—
in paragraph (a), omit the words “or an assured tenancy”;
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);
omit paragraph (c).
In section 9 (extended discretion of court in possession claims), in subsection (6), omit paragraph (b) and the “or” before it.
In section 554 (grant of tenancy to former owner-occupier), in subsection (3)—
omit paragraph (c) (and the “or” at the end of that paragraph);
after paragraph (b), insert—.
In section 10A (power to order transfer of tenancy in certain cases) omit subsection (8).
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.
In section 15 (limited prohibition on assignment etc. without consent), in subsection (3), omit “a statutory periodic tenancy or”.
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”.
In section 17 (succession to assured tenancy)—
in subsection (1)(a), omit “periodic”;
in subsection (1A)(a), omit “periodic”;
omit subsection (1B);
omit subsection (1C);
in subsection (1D), for “, (1A), (1B) or (1C)” substitute “or (1A)”;
in subsection (5), omit “or (1B)(c) above”;
in subsection (6), omit “, (1C)”;
omit subsection (7).
In section 18 (provisions as to reversions on assured tenancies)—
in subsection (3)—
in the words before paragraph (a) omit “which is a periodic tenancy (including a statutory periodic tenancy)”;
omit paragraph (a) and the “or” after it;
in paragraph (b), for “periodic” substitute “assured”;
in the words after paragraph (b), for “periodic” substitute “assured”;
omit subsection (4).
In section 34 (restrictions on new protected tenancies and agricultural occupancies) omit subsection (3).
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)”.
Section 39 (statutory tenants: succession) is amended as follows. In subsection (5), in the words after paragraph (b), omit “periodic”. In subsection (6)— Omit subsection (7). In subsection (8)— For subsection (9) substitute—
In section 41 (rent assessment committees: procedure and information powers), in subsection (2), omit “or Chapter II”.
In section 41A (amounts attributable to services) omit “or 22”.
In section 45 (interpretation of Part 1)—
in subsection (1) omit the definition of “statutory periodic tenancy”;
in subsection (2) omit “Subject to paragraph 11 of Schedule 2 to this Act,”.
In Schedule 2 (grounds for possession)—
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);
omit Part 4.
In Schedule 4 (statutory tenants: succession), in Part 3, omit paragraph 24.
Ground 1A The following conditions are met— the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord; the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976; either— the current tenancy began at least 1 year before the relevant date, or at the relevant date, notice of a compulsory acquisition in relation to the dwelling-house has been given, the landlord intends to sell their interest in the dwelling-house to the acquiring authority and the acquiring authority intends to acquire it; the landlord seeking possession is not— a non-profit registered provider of social housing, a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996, a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010, a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing. In paragraph (c)(ii), “sell” includes transfer. When calculating whether the current tenancy began at least 1 year before the relevant date, both— the day when the current tenancy began, and the relevant date, must be included in the calculation.
Ground 2ZA The landlord who is seeking possession— holds the interest in the dwelling-house under a superior tenancy where— the superior landlord has given a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date, or the superior tenancy is a fixed term tenancy of a term certain which will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, and is, or, in the case of joint landlords seeking possession, at least one of them is— a private registered provider of social housing, a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995, a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or a company of which a local authority owns at least 50% of the issued share capital.
In Ground 4—
omit the opening words;
omit paragraph (a) (together with the final “and”);
paragraph (b) becomes an unnumbered paragraph;
if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 14 of Schedule 15 to the Rent Act 1977, and the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.
Ground 5A The landlord seeking possession requires the dwelling-house for the purpose of housing a qualifying agricultural worker. For the purpose of this ground a person is a “qualifying agricultural worker” in case A or B. Case A is where— the person will be employed in agriculture as a seasonal or permanent employee under a contract of employment, and the employer under that contract is— the landlord, or in the case of joint landlords seeking possession, at least one of those landlords. Case B is where— the person will be— employed in agriculture under a contract of employment, but the employer under that contract is not the landlord or, in the case of joint landlords, any of those landlords, or working in agriculture under a contract that is not a contract of employment, whether the contract is express or implied and (if express) whether oral or in writing, the person will be employed or working in agriculture under that contract wholly or mainly for— the landlord, or in the case of joint landlords seeking possession, at least one of the landlords, and the relevant landlord intends that employment or work to continue for at least six months after the relevant date; and here “relevant landlord” means the landlord, or whichever of the joint landlords, the person will be wholly or mainly working for. In this ground—
Ground 5D The landlord seeking possession is a private registered provider of social housing, the tenancy agreement includes a requirement connected with the tenant’s employment and the tenant no longer fulfils that requirement.
Ground 5G The tenant’s occupation of the dwelling-house was (at any time during the period of occupation) in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 and— the local housing authority has notified the landlord that the tenancy is not required for the purposes of that duty, and the relevant date is no more than 12 months after the date on which the local housing authority notified the landlord as mentioned in paragraph (a). In this ground “local housing authority” 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 or the Council of the Isles of Scilly.
Ground 6A These conditions are met— the landlord seeking possession (the “current landlord”) is a relevant social landlord; the dwelling-house (the “current home”) was made available for occupation by the tenant, or a predecessor in title of the tenant, to enable redevelopment of another dwelling-house (the “previous home”) which— was the only or principal home of the tenant or predecessor in title, and was occupied by the tenant or predecessor in title under a tenancy (the “previous tenancy”) of which the landlord was— a relevant social landlord, or a registered provider of social housing other than a private registered provider of social housing; alternative accommodation that— consists of the previous home and is affordable, or consists of other premises and is affordable, in an appropriate location and not overcrowded, is available for the tenant or will be available for the tenant when the order for possession takes effect; that alternative accommodation is to be let as a separate dwelling with adequate security of tenure. For the purpose of this ground, accommodation— is let “with adequate security of tenure” if it is let— on an assured tenancy, or on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy; is “affordable” if it— is no more expensive than the previous home, making these assumptions— that the redevelopment of the previous home has not taken place, and that the tenant, or predecessor in title, has continued to be the tenant of the previous home under the previous tenancy, or is reasonably suitable to the means of the tenant; is “in an appropriate location” if it is— reasonably close to the previous home, or reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work; is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985. In this Ground—
In Ground 8—
in paragraph (a), for “eight” substitute “thirteen”;
in paragraph (b), for “two” substitute “three”;
omit paragraphs (c) and (d);
When calculating how much rent is unpaid for the purpose of this ground, if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.
Tenant Fees Act 2019 (c.4)
In the Deregulation Act 2015—
omit section 31;
omit sections 33 to 41.
In section 4 of the Homelessness Reduction Act 2017 (duty in cases of threatened homelessness) omit subsection 4.
“child” means a person under the age of 18;
“official” means—
Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let on assured tenancies) is amended as follows.
Ground 1B The following conditions are met— the landlord who is seeking possession intends— to sell a freehold or leasehold interest in the dwelling-house, to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, or to grant an assured tenancy to another person; the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976; the landlord who is seeking possession is a private registered provider of social housing; the assured tenancy was entered into pursuant to a rent-to-buy agreement; the period stated in that agreement has expired; the landlord who is seeking possession has complied with— any provision of the rent-to-buy agreement requiring the landlord to offer the dwelling-house for sale to the tenant, and any requirements in the agreement about such an offer. In this ground—
Ground 2ZB The landlord who is seeking possession holds the interest in the dwelling-house under a superior tenancy which is a fixed term tenancy of a term certain of more than 21 years and— the fixed term will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, or if the superior tenancy has continued following the expiry of the fixed term, any party to the superior tenancy has served a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date. Ground 2ZC The landlord who is seeking possession became the landlord by virtue of section 18 no more than 6 months before the date on which the possession proceedings were commenced, and the previous landlord under the assured tenancy was, or, in the case of previous joint landlords, at least one them was— a private registered provider of social housing, a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995, a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or a company of which a local authority owns at least 50% of the issued share capital. Ground 2ZD The landlord who is seeking possession became the landlord by virtue of section 18, no more than 6 months before the date on which the possession proceedings were commenced, as a result of a superior tenancy which was a fixed term tenancy of a term certain of more than 21 years coming to an end— on the expiry of the fixed term, within the period of 12 months ending with the date on which the fixed term would have expired if the tenancy had not come to an end, or after the expiry of the fixed term, as a result of a valid notice to terminate the tenancy.
Ground 4A The following conditions are met— the dwelling-house is in an HMO or is an HMO, the tenant meets the student test when the tenancy is entered into, the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the tenancy is entered into, a written statement of the landlord’s wish to be able to recover possession on the basis that— the tenant meets the student test when the tenancy is entered into, and the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into, the period— beginning with the day on which the tenancy was entered into, and ending with the day on which the tenant was entitled to possession of the dwelling-house, is six months or less, the relevant date falls within the period beginning with 1 June and ending with 30 September in any year, and the landlord seeking possession intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into. For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets the student test when a tenancy is entered into if— the tenant is a full-time student at that time, or at that time, the landlord reasonably believes that the tenant would become a full-time student during the tenancy. But, in a case where two or more persons are or would be the tenant, the tenant does not meet the student test unless all of those persons meet that test. In this ground, “full-time student” means a person receiving education provided by means of a full-time course— of any description mentioned in Schedule 6 to the Education Reform Act 1988 provided by an institution in England or Wales; of any description mentioned in section 38(2) of the Further and Higher Education (Scotland) Act 1992 provided by an institution in Scotland; of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) provided by an institution in Northern Ireland. In a case where, because of paragraph 8(7) of Schedule 1 to the 1988 Act, a tenancy becomes an assured tenancy, the condition in paragraph (c) of the first paragraph of this ground is met if the written statement referred to there is given within the period of 28 days beginning with the date on which the tenancy becomes an assured tenancy.
Ground 5B The landlord seeking possession— is a private registered provider of social housing, holds the dwelling-house for the purpose of accommodating persons who meet requirements connected with their employment, and requires the dwelling-house to let it under a new tenancy to a person who meets those requirements, and the tenant in possession does not fulfil those requirements.
Ground 5E The landlord seeking possession requires possession of the dwelling-house to let it as supported accommodation where— the landlord holds the dwelling-house for the purpose of making it available for occupation as supported accommodation, and the tenant did not enter the assured tenancy for the purpose of receiving care, support or supervision.
Ground 5H The landlord seeking possession is a registered provider of social housing or a charity and— the tenancy was granted because the tenant met one or more eligibility conditions, a written tenancy agreement set out the eligibility condition (the “specified condition”) or the eligibility conditions (the “specified conditions”) that the tenant met, either— the tenant no longer meets the specified condition or specified conditions, or the tenancy was granted in order to provide accommodation for a limited period to help the tenant transition to living independently and that period has come to an end, the rent is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and the tenancy was not granted— pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996, as a tenancy of supported accommodation, or in pursuance of a local housing authority’s duty under section 193 of the Housing Act 1996. Each of the following is an “eligibility condition” for the purposes of this ground— the tenant is in work, or work of a description specified in the condition, for which the tenant is paid; the tenant is actively seeking work, or work of a description specified in the condition, for which the tenant would be paid; the tenant is— of a particular age, or within a particular range of ages, specified in the condition. For the purposes of paragraph (a) or (b) of the definition of “eligibility condition”, a description of work may (in particular) be expressed by reference to— work for a particular employer or description of employer or work at a particular place of work or description of place of work; the amount which the tenant is paid for the work; the duration or expected duration of the contract or other arrangement under which the work is done. In this ground a reference— to work includes self-employment; to seeking work includes seeking to become self-employed. The question of whether the tenant no longer meets the specified condition or specified conditions is to be determined for the purposes of this ground in accordance with the terms of the tenancy agreement. But if— the terms of the tenancy agreement do not make any provision about that question, there are two or more specified conditions, and the tenant no longer meets one or more of those conditions, the tenant no longer meets the specified conditions for the purposes of this ground. The Secretary of State may by regulations (“eligibility condition regulations”) make provision (including provision amending this ground)— to add, vary or remove any eligibility condition; about the meaning of any eligibility condition. Eligibility condition regulations may make different provision for different purposes. A statutory instrument containing eligibility condition regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Ground 6B Any of the following applies— letting the dwelling-house causes the landlord to breach a banning order under section 16 of the Housing and Planning Act 2016, or would do so if the landlord were to continue to let the dwelling-house; an improvement notice under section 11 or 12 of the Housing Act 2004— specifies the dwelling-house or premises in which the dwelling-house is contained as requiring remedial action, and specifies overcrowding as the deficiency giving rise to the hazard in respect of which that remedial action is to be taken; a prohibition order under section 20 or 21 of the Housing Act 2004 prohibits use of— the dwelling-house, the common parts, or any part of the dwelling-house or of the common parts, either for all purposes or for any purpose that is incompatible with continued occupation by the tenant; the dwelling-house is or is in an HMO which is required to be licensed under section 61 of the Housing Act 2004, and— the landlord applied for a licence under section 63 of the Housing Act 2004 and the local housing authority refused to grant a licence, or the landlord held a licence but the licence has been revoked; the dwelling-house is or is in a house which is required to be licensed under section 85 of the Housing Act 2004, and— the landlord applied for a licence under section 87 of the Housing Act 2004 and the local housing authority refused to grant a licence, or the landlord held a licence but the licence has been revoked; the dwelling-house is or is in an HMO which is licensed under Part 2 of the Housing Act 2004 or a house which is licensed under Part 3 of that Act and that HMO or house is occupied by more than the maximum number of households or persons specified in the licence; compliance with a planning enforcement notice or injunction would be, or is, incompatible with continued occupation of the dwelling-house by the tenant. In this ground—
After Part 4 of Schedule 2 to the 1988 Act insert—
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”).
This paragraph applies where— The notice under section 21 remains valid until possession proceedings are concluded. 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). 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”— . 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.
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—
which was at the time binding on the tenant, and
under which the rent for a particular period of the tenancy would or might be greater than the rent for an earlier period.
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.
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.
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)”.
In this Schedule “commencement date” and “existing tenancy” have the meanings given by section 146.
“child” means a person under the age of 18;
In section 269A of the Housing Act 1985 (appeals suggesting certain other courses of action), in subsection (2)(c), for “a hazard” substitute “an”.
In Schedule 3 to the Tenant Fees Act 2019 (financial penalties), in paragraph 12(1), after paragraph (c) insert—.
This paragraph applies to an existing tenancy which becomes a periodic tenancy on the expiry of a fixed term. 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.
This paragraph applies where, before the commencement date— Section 21 of the 1988 Act has effect as if the following were substituted for subsections (4D) and (4E)— The notice under section 21 remains valid— 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). 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”— . In this paragraph—
Where an existing tenancy is wholly or partly in writing— The landlord under any existing tenancy that is wholly or partly in writing— 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. Regulations under sub-paragraph (2) may— 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)”. Regulations under sub-paragraph (2)— A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
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).
In relation to an existing tenancy, ground 4A in Schedule 2 to the 1988 Act has effect as if— In relation to an existing tenancy which is a qualifying student tenancy, ground 4A in Schedule 2 to the 1988 Act has effect— 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— In sub-paragraph (3)—
This paragraph applies where— The notice under section 8 remains valid until possession proceedings are concluded. 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). 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”— . 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.
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. Condition A: immediately before the commencement date, the relevant pre-application instrument— Condition B: immediately before the commencement date, the relevant pre-application instrument— 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. 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. In this paragraph “pre-commencement power to let” means—
This paragraph applies to a relevant pre-application instrument if, immediately before the commencement date— 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.
This paragraph applies where— 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. In this paragraph “relevant determination” has the meaning given by regulation 122(3) of the Community Infrastructure Regulations 2010.
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. 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.
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.
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. 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—
The notice of intent must set out—
the date on which the notice of intent is given,
the amount of the proposed financial penalty,
the reasons for proposing to impose the penalty, and
information about the right to make representations under paragraph 4.
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.
The Welsh language text of the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) is amended as follows.
In section 1, after subsection (2), insert—
After section 8 insert—
In section 10(4)—
after the opening words insert—;
paragraphs (a) to (c) become paragraphs (i) to (iii) of paragraph (zb).
After section 10(4) insert—
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”.
In section 17—
after subsection (3) insert—;
in subsection (4) the words from “ystyr” to the end become a definition;
at the end of subsection (4) insert—
In section 27(3) after “adran 7,” insert “adran 8C,”.
The English language text of the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) is amended as follows.
In section 1, after subsection (2), insert—
After section 8 insert—
In section 10(4)—
after the opening words insert—;
paragraphs (a) to (c) become paragraphs (i) to (iii) of paragraph (zb).
After section 10(4) insert—
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”.
In section 17—
after subsection (3) insert—;
in subsection (4) the words from ““licensing” to the end become a definition;
at the end of subsection (4) insert—
In section 27(3) after “section 7,” insert “section 8C,”.
Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 may be cited as Deddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019.
The Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) may be cited as the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.
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”—
section 41(2A) of the Housing (Wales) Act 2014 (anaw 7);
in Schedule 9A to the Renting Homes (Wales) Act 2016 (anaw 1)—
the italic heading before paragraph 5;
paragraph 5(1)(a);
paragraph 5(2)(a);
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”;
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—
the heading;
paragraphs (1)(a) and (2)(a).
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”—
section 41(2A) of the Housing (Wales) Act 2014;
in Schedule 9A to the Renting Homes (Wales) Act 2016—
the italic heading before paragraph 5;
paragraph 5(1)(a);
paragraph 5(2)(a);
in regulation 2 of the Renting Homes (Rent Determination) (Converted Contracts) (Wales) Regulations 2022, paragraph (b) of the definition of “rent”;
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—
the heading;
paragraphs (1)(a) and (2)(a).
In section 31 of the Renting Homes (Fees etc.) (Wales) Act 2019—
in the Welsh language text after “Ffioedd” insert “, Gwahaniaethu”;
in the English language text after “Fees” insert “, Discrimination”.
The Welsh language text of the Renting Homes (Wales) Act 2016 (anaw 1) is amended as follows.
In section 30, after paragraph (d) insert—.
After section 54 insert—
Adran 54A Rhaid i L beidio ag ymyrryd â hawl D-C i fod â phersonau o dan 18 oed yn ymweld â’r annedd neu’n byw yno Adran 54B Rhaid i L beidio â gwahardd D-C rhag hawlio budd-daliadau lles
The English language text of the Renting Homes (Wales) Act 2016 (anaw 1) is amended as follows.
In section 30, after paragraph (d) insert—.
After section 54 insert—
Section 54A L must not interfere with C-H’s right to have persons under 18 visit or live at the dwelling Section 54B L must not prohibit C-H from claiming welfare benefits
If the Welsh Ministers are satisfied that— the Welsh Ministers may make regulations prohibiting that discriminatory rental practice.
a discriminatory rental practice exists in relation to dwellings that may be the subject of occupation contracts (“relevant rental dwellings”), and
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,
A “discriminatory rental practice” exists in relation to relevant rental dwellings if some or all relevant persons—
on the basis that people are members of a particular group, prevent those people from—
enquiring whether relevant rental dwellings are available for rent,
accessing information about relevant rental dwellings,
viewing relevant rental dwellings in order to consider whether to seek to rent them, or
obtaining the grant, renewal or continuance of occupation contracts in respect of relevant rental dwellings, or
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.
The “victims” of a discriminatory rental practice are—
where a particular group of people are prevented from doing the things mentioned in subsection (2)(a), the people in that group;
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.
Regulations “prohibiting” a discriminatory rental practice are regulations relating to— which make provision corresponding to the relevant anti-discrimination legislation.
the discriminatory rental practice, and
the persons who are the victims of it,
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.
Part 2A of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019, except for section 8C(b), and
Chapter 6A of Part 3 of the Renting Homes (Wales) Act 2016;
Before making regulations prohibiting a discriminatory rental practice, the Welsh Ministers must consult such of the following persons as the Welsh Ministers consider appropriate—
victims of the discriminatory rental practice or one or more representatives of such persons;
landlords and prospective landlords under occupation contracts or one or more representatives of such persons;
other landlords and prospective landlords under leases of premises that consist of or include a dwelling or one or more representatives of such persons;
mortgagees of dwellings or one or more representatives of such persons;
insurers of dwellings or one or more representatives of such persons;
local housing authorities or one or more representatives of local housing authorities.
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.
Regulations under this section may amend, repeal or revoke provision made from time to time by or under the relevant anti-discrimination legislation.
In this section—
“occupation contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act);
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.
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.
The Private Housing (Tenancies) (Scotland) Act 2016 (asp 19) is amended in accordance with subsections (2) to (4).
After section 6 insert—
Before section 76, insert—
In section 77 (regulation-making powers), in subsection (4), after “sections” insert “6A(3)(b), 6B(3)(b),”.
The Housing (Scotland) Act 1988 is amended in accordance with subsection (6).
After section 26 insert—
The Rent (Scotland) Act 1984 is amended in accordance with subsection (8).
After section 101 insert—
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 tenant under a relevant tenancy from having a child live with or visit the tenant at the dwelling, or
restrict the circumstances in which a tenant under a relevant tenancy may have a child live with or visit the tenant at the dwelling.
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.
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 from having a child live with or visit the tenant at the dwelling which forms the subject of the tenancy, or
restrict the circumstances in which a tenant under a relevant tenancy may have a child live with or visit the tenant at the dwelling.
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.
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.
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.
Before making regulations under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate.
Regulations under subsection (1)—
may amend, repeal or revoke provision made by or under— whenever passed or made;
an Act of the Scottish Parliament,
an Act (including this Act),
may only make provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.
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).
In this Chapter—
“lease” includes any tenancy;
Section 3
“benefits claimant” has the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019;
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.
In section 16 (protection of tenure of certain rented premises by extension of Housing Act 1988) as it applies otherwise than to Scotland—
omit subsection (1);
in subsection (2)(a) omit “which is a periodic tenancy”;
in subsection (3), for “Neither subsection (1) nor subsection (2) above applies” substitute “Subsection (2) does not apply”;
in subsection (4), for “subsections (1) and” substitute “subsection”.
In section 17 (provision supplementary to section 16 of that Act) as it applies otherwise than to Scotland—
omit subsection (1);
in subsection (2)—
in paragraph (a) omit “which is a periodic tenancy”;
for paragraph (b) and the words after it substitute—;
in subsection (3) for “Neither subsection (1) nor subsection (2) above applies” substitute “Subsection (2) does not apply”.
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”.
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—
in paragraph (a) omit “the statutory periodic tenancy which is deemed to arise or, as the case may be,”;
in paragraph (b) omit “before the time when that statutory periodic tenancy was deemed to arise or, as the case may be,”.
In section 20 (modifications) as it applies otherwise than to Scotland—
in subsection (2)—
in the opening words, for “Ground 16” substitute “Ground 5C”;
in paragraph (b) omit “statutory periodic tenancy or”;
in subsection (3), in the words before paragraph (a), for “16” substitute “18”.
In section 23 (interpretation) omit the definitions of “fixed term tenancy” and “statutory periodic tenancy”.
Section 29
an assured shorthold tenancy, and
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)—
in paragraph (a), after “person” insert “otherwise than under or by virtue of an assured tenancy”;
after that paragraph insert—
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—
in sub-paragraph (1), for paragraphs (c) and (d) substitute—;
omit sub-paragraph (2).
Section 73
on or after the day on which this section comes into force, and
In paragraph 17 of Schedule 12 to the Government of Wales Act 1998 (minor and consequential amendments), omit sub-paragraphs (2) and (3).
The Building Safety Act 2022 is amended in accordance with paragraphs 11 and 12.
A local housing authority may at any time— The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.
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.
“Relevant scheme” means any of the following— a scheme approved under Schedule 2 to the Housing Act 1996 (housing complaints: social landlords); a redress scheme to which persons are required by virtue of section 83 of the Enterprise and Regulatory Reform Act 2013 (lettings agency work) to be members; a redress scheme to which persons are required by virtue of section 84 of that Act (property management work) to be members; the new homes ombudsman scheme; a redress scheme within the meaning of section 100(4) of the Leasehold and Freehold Reform Act 2024 (leasehold and estate management redress schemes); a landlord redress scheme within the meaning of section 64(2) of the Renters’ Rights Act 2025.
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.
In Schedule 10 (amendments in connection with new homes ombudsman), omit paragraphs 1 to 5.
In paragraph 12, enforcement functions “in relation to the private rented sector” means enforcement functions relating to— 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. For the purposes of this paragraph, “tenancy” includes a licence to occupy.
Section 100(6)
The Housing Act 2004 is amended as follows.
Section 1 (new system for assessing housing conditions and enforcing housing standards) is amended as follows. In subsection (3)(a), omit “hazard”. After subsection (8) insert—
Section 4 (inspections by local housing authorities) is amended as follows. For subsection (1) substitute— In subsection (2)— After subsection (5) insert— In subsection (6)— In the heading, omit “to see whether category 1 or 2 hazards exist”.
Section 5 (general duty to take enforcement action) is amended as follows. For subsection (1) substitute— In subsection (2)(c), for “a hazard” substitute “an”. In subsections (3) to (6), after “hazard” (in each place) insert “or failure”. In the heading, after “hazards” insert “and type 1 requirements”.
In the heading to section 6 (how duty under section 5 operates in certain cases), omit “Category 1 hazards”.
After section 6 insert—
Section 7 (powers to take enforcement action) is amended as follows. In subsection (1), for “that a category 2 hazard exists on residential premises” substitute that—. In subsection (2)(c), for “a hazard” substitute “an”. In subsection (3)— In the heading, after “hazards” insert “and type 2 requirements”.
In section 8 (reasons for decision to take enforcement action), in subsection (5)(a), omit “hazard”.
Section 9 (guidance about inspections and enforcement action) is amended as follows. In subsection (1)(b), omit “hazard”. After that subsection insert—
In the heading of Chapter 2 of Part 1 (improvement notices, prohibition orders and hazard awareness notices), omit “hazard”.
Section 11 (improvement notices relating to category 1 hazards: duty of authority to serve notice) is amended as follows. For subsection (1) substitute— In subsection (2), after “hazard” insert “or failure”. In subsection (3)(a), after “exists” insert “, or which fail to meet the requirement,”. In subsection (4)— In subsection (5)(a), for the words from “that” to “but” substitute that—. In subsection (6), for the words from “to” to the end substitute to— In subsection (8)— In the heading, after “hazards” insert “and type 1 requirements”.
Section 12 (improvement notices relating to category 2 hazards: power of authority to serve notice) is amended as follows. For subsection (1) substitute— In subsection (2), after “hazard” insert “or failure”. In subsection (4), for the words from “to” to the end substitute to— In the heading, after “hazards” insert “and type 2 requirements”.
Section 13 (contents of improvement notices) is amended as follows. In subsection (2)— In subsection (5), after “hazard” insert “or failure”.
In section 16(3) (revocation and variation of improvement notices)—
after “hazards” (in the first place) insert “or failures (or a combination of hazards and failures)”, and
in paragraph (a), after “hazards” insert “or failures”.
Section 19 (change in person liable to comply with improvement notice) is amended as follows. For subsection (2) substitute— In subsection (7), for “or (9)” substitute “, (9) or (10)”. After subsection (9) insert—
In section 20 (prohibition orders relating to category 1 hazards: duty of authority to make order) is amended as follows. For subsection (1) substitute— In subsection (3)— In subsection (4)— In subsection (5), for the words from “to” to the end substitute to— In the heading, after “hazards” insert “and type 1 requirements”.
Section 21 (prohibition orders relating to category 2 hazards: power of authority to make order) is amended as follows. For subsection (1) substitute— In subsection (4), for the words from “to” to the end substitute “to— In the heading, after “hazards” insert “and type 2 requirements”.
Section 22 (contents of prohibition orders) is amended as follows. In subsection (2)— In subsection (3)(b), after “hazards” insert “, or failure or failures,”.
Section 25 (revocation and variation of prohibition orders) is amended as follows. In subsection (1), for the words from “that” to the end substitute that— In subsection (3)—
In the italic heading before section 28, omit “Hazard”.
Section 28 (hazard awareness notices relating to category 1 hazards: duty of authority to serve notice) is amended as follows. For subsections (1) and (2) substitute— In subsection (3)(a), after “exists” insert “, or which fail to meet the requirement,”. In subsection (4)— In subsection (5), for the words from “to” to the end substitute to— In subsection (6)— In subsection (8), for “a hazard” substitute “an”. At the end insert— In the heading—
Section 29 (hazard awareness notices relating to category 2 hazards: power of authority to serve notice) is amended as follows. For subsections (1) and (2) substitute— In subsection (3), for “a hazard” substitute “an”. In subsection (4), for the words from “to” to the end substitute to— In subsection (5)— In subsection (8), for “a hazard” substitute “an”. At the end insert— In the heading—
Section 30 (offence of failing to comply with improvement notice) is amended as follows. In subsection (2), after “hazard” insert “or failure”. In subsection (3), omit “not exceeding level 5 on the standard scale”. In subsection (5), after “hazard” insert “or failure”.
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”.
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—
Section 40 (emergency remedial action) is amended as follows. For subsection (1) substitute— In subsection (2), after “hazard” insert “or failure”. In subsection (4), for the words from “of” to the end substitute of—
In section 41 (notice of emergency remedial action), in subsection (2)—
after “hazard” (in each place) insert “or failure”,
after “hazards” insert “or failures”, and
in paragraph (a), after “exists” insert “or to which it relates”.
In section 43 (emergency prohibition orders), for subsection (1) substitute—
In section 44 (contents of emergency prohibition orders), in subsection (2)—
after “hazard” (in each place) insert “or failure”,
after “hazards” insert “or failures”, and
in paragraph (a), after “exists” insert “or to which it relates”.
In section 49 (power to charge for certain enforcement action)—
in subsection (1)(c), for “a hazard” substitute “an”, and
in subsection (2), for “a hazard” substitute “an”.
In section 50 (recovery of charge under section 49), in subsection (2)(b), for “a hazard” substitute “an”.
In section 54 (index of defined expressions: Part 1)—
Qualifying residential premises Section 2B(1) Relevant tenancy Section 2B(2) Social housing Section 2B(2) Supported exempt accommodation Section 2B(2) Type 1 requirement Section 2A(3)(a) Type 2 requirement Section 2A(3)(b)
in the entry for “Hazard awareness notice”, in the first column, omit “Hazard” (and, accordingly, move the entry to the appropriate place).
Section 250 (orders and regulations) is amended as follows. After subsection (2) insert— In subsection (6), before paragraph (a) insert—.
Before Schedule 1 insert—
Schedule 1 (procedure and appeals relating to improvement notices) is amended as follows. Before paragraph 1 insert— In paragraph 5(1), for “1 to” substitute “A1 to”. In paragraph 12— In paragraph 17, after “hazard” (in each place) insert “or failure”.
Schedule 2 (procedure and appeals relating to prohibition orders) is amended as follows. In paragraph 1— In paragraph 2— In paragraph 8— In paragraph 12, after “hazard” (in each place) insert “or failure”. In paragraph 16(1)—
Schedule 3 (improvement notices: enforcement action by local housing authorities) is amended as follows. In paragraph 3, after “hazard” (in each place) insert “or failure”. In paragraph 4, after “hazard” (in both places) insert “or failure”.
Section 102
Section 146(2)
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.
A relevant person must not advertise in writing, or otherwise offer in writing, the proposed letting unless—
the rent that is to be payable under the letting is a specific amount (the “proposed rent”), and
the advertisement or offer states the proposed rent.
A relevant person must not—
invite or encourage any person to offer to pay an amount of rent under the proposed letting that exceeds the stated rent, or
accept an offer from any person to pay an amount of rent under the proposed letting that exceeds the stated rent.
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.
by the relevant person who is inviting or encouraging, or accepting, the offer of rent, or
by any other relevant person,
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.
In this section—
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).
If— then the local housing authority may impose an additional financial penalty under this subsection on that person.
the local housing authority imposes a financial penalty under subsection (1) on a person, and
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,
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.
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.
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.
a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and
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,
The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.
Local housing authorities must have regard to any guidance issued under subsection (6).
The Secretary of State may by regulations amend the amount specified in subsection (3) to reflect changes in the value of money.
For the purposes of this section—
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
“final notice” has the meaning given by paragraph 6 of Schedule 5.
The Protection from Eviction Act 1977 is amended as follows.
In section 1, after subsection (6) insert—
After section 1 insert—
Before Schedule 1 insert—
In the Housing and Planning Act 2016, omit Part 3 (recovering abandoned premises under assured shorthold tenancies).
The Landlord and Tenant Act 1985 is amended as follows.
In section 10A (remedying of hazards occurring in dwellings let on social housing leases)—
in the heading, for “dwellings let on relevant social housing leases” substitute “dwelling-houses in England”;
for subsection (1) substitute—;
in subsection (3), for “dwelling” substitute “dwelling-house”;
after subsection (5) insert—;
omit subsection (6);
in subsection (7)—
for the definitions of “lease”, “lessor” and “lessee” substitute—;
omit the definitions of “low cost home ownership accommodation” and “social housing”.
In section 10B (regulations under section 10A: supplementary provision)—
in subsection (1)(a), for the words from “42” to “2023” substitute “60 of the Renters’ Rights Act 2025”;
in subsection (3)(b)(i), for “dwelling” substitute “dwelling-house”;
for subsection (4)(a) substitute—;
omit subsection (6).
dwelling-house— (in the provisions relating to remedying of hazards) section 10A (in the provisions relating to repairing obligations) section 16
After section 10B of the Landlord and Tenant Act 1985 insert—
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).
Schedule 14 to the Housing Act 2004 (buildings which are not HMOs) is amended in accordance with subsections (2) and (4).
After paragraph 3 insert—
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).
In paragraph 4 (buildings occupied by students)—
in the heading, after “students” insert “: Wales”;
in sub-paragraph (1), in the words before paragraph (a), after “building” insert “in Wales”.
in sub-paragraph (2), for “appropriate national authority” substitute “Welsh Ministers”.
in sub-paragraph (3), for “appropriate national authority” substitute “Welsh Ministers”.
in sub-paragraph (4)—
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”;
in paragraph (a), for “authority” substitute “Welsh Ministers”.
In consequence of the other amendments made by this section—
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”;
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”.
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.
In this Part—
In subsection (1)—
“relevant person”, in relation to a proposed letting, means—
The Housing Act 1996 is amended as follows.
In section 7 of the Homelessness Act 2002 (events causing main homelessness duty to cease)—
for subsection (1) substitute—;
omit subsection (2).
The Housing Act 2004 is amended as follows.
The Charities Act 2011 is amended as follows. In section 117 (restrictions on disposition of land: general), in subsection (2)(b)(ii), after “less” insert “or which are assured tenancies”. In section 120 (requirements for leases which are for 7 years or less)—
In section 41 of the Immigration Act 2016 (order for possession of dwelling-house), in subsection (3), omit paragraphs (c) and (d).
In section 182 of the Localism Act 2011 (transfer of functions to housing ombudsman), omit subsections (2) to (6).
Section 33D of the Land Compensation Act 1973 (loss payments: exclusions) is amended as follows. In subsection (4)— In subsection (5)—
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,”.
In section 64 omit the entry for “assured shorthold tenancy”.
Omit section 75.
Omit sections 96 to 100.
Omit section 98.
In section 124 (introductory tenancies), in subsection (2)(b), omit “, other than an assured shorthold tenancy,”.
In section 116 (general effect of final management orders), in subsection (4)—
in paragraph (a)(ii), omit “(subject to paragraph (b))”;
for paragraph (b) substitute—
In section 125 (duration of introductory tenancy)—
in subsection (3), omit “, or a relevant assured shorthold tenancy,”;
omit subsection (3A).
In section 136 (making of final EDMOs), in subsection (5), before paragraph (a) insert—.
In section 143 (index of defined expressions) omit “and assured shorthold tenancy”.
In Schedule 7 (general effect of final EDMOs), in paragraph 10(4)—
in paragraph (a)(ii) omit “(subject to paragraph (b))”;
for paragraph (b) substitute—
In section 143C (change of landlord), in subsection (3), omit “shorthold”.
In section 175 (homelessness and threatened homelessness), in subsection (5)—
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)”;
in paragraph (b), for “that notice will expire” substitute “the date specified in that notice is”.
In section 188 (interim duty to accommodate in case of apparent priority need) omit subsection (1A).
In section 193A(4) (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage)—
in paragraph (a) omit “shorthold”;
at the end of paragraph (a) insert “and”;
omit paragraph (c) and the “and” before it.
In section 195 (duties in cases of threatened homelessness), in subsection (6)—
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)”;
in paragraph (a)—
for “will expire” substitute “specifies a date that is”;
for “expired” substitute “passed”.
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”.
In section 218 (index of defined expressions: Part 7), in the entry for assured tenancy and assured shorthold tenancy, omit “and assured shorthold tenancy”.
In section 230 (minor definitions: general), in the first definition, omit “, “assured shorthold tenancy””.
Omit Schedule 7.
In this section, “relevant tenancy” means—
an assured tenancy within the meaning of the 1988 Act, or
a regulated tenancy within the meaning of the Rent Act 1977.
The Secretary of State may by regulations amend this Chapter so as to—
change the meaning of “residential landlord” in relation to a relevant tenancy—
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
so that it does not include superior landlords added by virtue of this paragraph;
change the meaning of “relevant tenancy” so as to add or remove a particular kind of—
tenancy of a dwelling that is periodic or granted for a term of less than 21 years, or
licence to occupy a dwelling;
change the meaning of “dwelling”—
so that, in addition to a building or part of a building, it includes any other structure, vehicle or vessel,
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
so that it does not include anything added by virtue of this paragraph.
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.
In subsection (4)(b)—
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
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.
The provision that may be made in regulations under subsection (4) by virtue of section 140(1)(a) includes provision amending section 99.
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.
The Secretary of State may make regulations requiring a residential landlord to be a member of a landlord redress scheme.
A “landlord redress scheme” means a scheme—
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
which is—
approved by the Secretary of State for the purposes of regulations under subsection (1), or
administered by or on behalf of the Secretary of State and designated by the Secretary of State for those purposes.
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).
In subsection (2)(a) “prospective residential tenant” means a person who—
offers to become a residential tenant of a dwelling that is marketed for the purpose of creating a residential tenancy, or
with a view to deciding whether to become a residential tenant of a dwelling that is marketed for that purpose—
requests information about the dwelling from a person marketing it, or
visits or requests to visit such a dwelling by arrangement with a person marketing it.
Regulations under subsection (1) may—
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;
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;
require a person to remain a member of the scheme after ceasing to be a residential landlord, for a period specified in the regulations.
Regulations under subsection (1) may require a person—
to provide relevant property information to the administrator of a landlord redress scheme, on applying to become a member of the scheme;
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.
For the purposes of subsection (6), “relevant property information” means such information as may be specified in the regulations relating to—
any residential tenancy under which the person is the residential landlord;
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.
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)).
Nothing in this Chapter prevents a landlord redress scheme from providing (subject to regulations under section 65)—
for membership to be open to persons who wish to join as voluntary members;
for the investigation or determination of any complaints under a voluntary jurisdiction;
for voluntary mediation services;
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.
In subsection (9)—
an assured tenancy (other than an assured shorthold tenancy) that is not a relevant assured tenancy.
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).
The conditions must include conditions requiring the scheme to include provision in accordance with the regulations—
for the appointment of an individual to be responsible for overseeing and monitoring the investigation and determination of complaints under the scheme,
about the terms and conditions of that individual and the termination of their appointment,
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,
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,
about the circumstances in which a complaint may be rejected,
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,
about the provision of information to the persons mentioned in paragraph (f) and the Secretary of State,
if members are required to pay fees in respect of compulsory aspects of the scheme, about the amount or amounts of those fees,
if there are voluntary aspects of the scheme—
for fees to be payable in respect of those aspects of the scheme, and
about the amount or amounts of those fees,
for the individual determining a complaint to be able to require members to provide redress of the following types to the complainant—
providing an apology or explanation,
paying compensation, and
taking such other actions in the interests of the complainant as the individual determining the complaint may specify,
about the enforcement of the scheme and decisions made under the scheme,
for a person to be expelled from the scheme only—
in circumstances specified in the regulations,
once steps to secure compliance that are specified in the regulations have been taken, and
once the decision to expel the person has been reviewed by an independent person in accordance with the regulations,
for an expulsion to be revoked in circumstances specified in the regulations,
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,
for circumstances in which the administration of the scheme is to be transferred to a different administrator, and
about the closure of the scheme by the administrator.
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.
Fee conditions relating to—
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;
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.
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.
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.
Subsections (2) to (6) do not limit the conditions that may be set out in regulations under subsection (1).
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—
about the number of redress schemes that may be approved or designated (which may be one or more);
about the making of applications for approval;
about the period for which an approval or designation is valid;
about the withdrawal of approval or revocation of designation.
Regulations under this section may—
confer functions (including functions involving the exercise of a discretion) on the Secretary of State, or authorise or require a scheme to do so;
provide for the delegation of such functions by the Secretary of State, or authorise or require a scheme to provide for that.
In this section—
A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has—
breached regulations under section 64(1), or
committed an offence under section 67.
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, if it is imposed under subsection (1)(a), or
£40,000, if it is imposed under subsection (1)(b).
More than one penalty may be imposed in respect of the same conduct only if—
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
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.
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.
No financial penalty may be imposed in respect of any conduct amounting to an offence under section 67 if—
the person has been convicted of an offence under that section in respect of the conduct,
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
criminal proceedings for an offence under that section in respect of the conduct have been concluded and the person has not been convicted.
The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.
Local housing authorities must have regard to any guidance issued under subsection (6).
The Secretary of State may by regulations amend the amounts specified in subsection (2) to reflect changes in the value of money.
For the purposes of this section and section 67—
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
“final notice” has the meaning given by paragraph 6 of Schedule 5.
A person commits an offence if—
a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and
the conduct in respect of which the penalty was imposed continues after the end of the period of 28 days beginning with—
the day after that on which the penalty was imposed on the person, or
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.
A person commits an offence if—
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
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.
A person commits an offence if—
either—
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
the person has been convicted of such an offence, and
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.
In subsections (1) to (3) “relevant penalty” means a financial penalty which is imposed under section 66 where—
the period for bringing an appeal against the penalty under paragraph 10 of Schedule 5 has expired without an appeal being brought,
an appeal against the financial penalty under that paragraph has been withdrawn or abandoned, or
the final notice imposing the penalty has been confirmed or varied on appeal.
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.
A person guilty of an offence under this section is liable on summary conviction to a fine.
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.
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.
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.
Before making the regulations, the Secretary of State must consult—
one or more bodies appearing to the Secretary of State to represent the interests of residential landlords,
one or more bodies appearing to the Secretary of State to represent the interests of residential tenants, and
such other persons as the Secretary of State considers appropriate.
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.
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.
A local housing authority must have regard to any guidance issued or approved under this section.
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.
In this Chapter “landlord redress scheme” has the meaning given by section 64(2).
For the meanings of “residential landlord”, “residential tenancy” and “residential tenant” see section 63.
Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints) is amended as follows.
In paragraph 1—
in sub-paragraph (1), after “housing activities” insert “other than private rented sector activities”;
in sub-paragraph (3), at the end insert “, subject to paragraph 2A”.
In paragraph 2(1)—
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.”;
after paragraph 7 insert—
After paragraph 2 insert—
For paragraph 10 substitute—
After paragraph 12 insert—
Schedule 3 contains amendments connected with landlord redress schemes.
In section 26 of the Local Government Act 1974, at the end of subsection (8) insert unless—
The database operator must establish and operate a database containing—
entries in respect of persons who are, or intend to become, residential landlords,
entries in respect of dwellings which are, or are intended to be, let under residential tenancies, and
entries made under section 83 in respect of the following—
persons against whom relevant banning orders have been made,
persons who have been convicted of, or on whom financial penalties have been imposed in relation to, relevant banning order offences, and
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.
In this Chapter—
“landlord entry” means an entry in the database in respect of a person mentioned in subsection (1)(a);
“dwelling entry” means an entry in the database in respect of a dwelling mentioned in subsection (1)(b).
Landlord and dwelling entries may be either active or inactive: see sections 77(4) and 79.
In this Chapter “database operator” means—
the Secretary of State, or
a person who the Secretary of State has arranged to be the database operator.
The arrangements—
may include provision for payments by the Secretary of State;
may include provision about bringing the arrangements to an end.
The Secretary of State may by regulations—
require the database operator to ensure that the database has features and functionality specified in the regulations,
confer on the database operator powers to enter into contracts and other agreements for the purpose of facilitating the operation of the database,
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
make transitional or saving provision which applies when there is a change of database operator.
Regulations under subsection (3)(d) may relate to a specific change of database operator or to changes that might arise from time to time.
The Secretary of State may by regulations make provision about the making of landlord and dwelling entries in the database.
The regulations may, in particular—
provide for how, and by whom, a landlord or dwelling entry is to be made,
require information or documents to be provided,
impose other requirements, including requirements for the payment of fees, and
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.
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.
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.
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.
The Secretary of State may by regulations make provision requiring active landlord and dwelling entries in the database to be kept up-to-date.
The regulations may, in particular—
provide for how, and by whom, an active landlord or dwelling entry is to be kept up-to-date,
require information or documents to be provided,
impose other requirements, and
specify the time by which the requirements must be complied with.
The requirements that may be imposed by regulations under this section do not include requirements for the payment of fees.
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.
The regulations may, in particular—
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,
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
specify requirements that must be met for an inactive landlord or dwelling entry to become an active entry.
The requirements that may be imposed by regulations under this section include requirements for the payment of fees.
The Secretary of State may by regulations make provision about—
the verification of landlord and dwelling entries in the database,
the correction of errors in such entries, and
the removal of such entries from the database.
The regulations may, in particular—
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,
make provision about how that verification is to be carried out,
authorise the correction of errors in landlord and dwelling entries and specify by whom such corrections may be made, and
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.
This section applies where regulations under section 77 or 79 require payment of a fee.
The regulations must—
specify the amount or amounts of the fee, or
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.
The amount or amounts specified in the regulations under subsection (2)(a) may be calculated by reference to the relevant costs.
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—
the establishment and operation of the database;
the enforcement of requirements imposed by or under this Chapter;
the performance of any other functions under this Chapter;
the enforcement of any other requirements imposed by or under this Act or otherwise in relation to the private rented sector.
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.
The fees are to be payable to the database operator by such persons and in such circumstances as the regulations may provide.
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.
If the Secretary of State is the database operator—
subsection (7) does not apply, and
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.
For the purposes of this section—
A person must not market a dwelling for the purpose of creating a residential tenancy unless—
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
there is an active dwelling entry in the database in respect of the dwelling.
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—
the person who will be the residential landlord if the tenancy is granted, and
the dwelling.
A person who is a residential landlord in relation to a dwelling is under a duty to ensure that—
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
any requirements relating to the entries imposed by regulations under section 78 are complied with.
The Secretary of State may by regulations specify cases or circumstances in which—
a person of a description specified in the regulations is to be subject to the duty in subsection (3) instead of the residential landlord;
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.
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.
A local housing authority must make an entry in the database in respect of a person if—
a relevant banning order has been made against the person following an application by the authority,
the person has been convicted of a relevant banning order offence following the institution of criminal proceedings by the authority, or
the authority has imposed a financial penalty on the person in relation to a relevant banning order offence.
A local housing authority may make an entry in the database in respect of a person if—
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
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.
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).
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.
An entry may be made under subsection (1) or (2) only if—
the period for appealing against any order, conviction or penalty mentioned in those subsections has expired, and
any such appeal has been finally determined, withdrawn or abandoned.
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—
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
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.
Regulations under subsection (6) may, in particular—
describe an offence by reference to—
the nature of the offence,
the characteristics of the offender,
the place where the offence is committed,
the circumstances in which it is committed,
the court sentencing a person for the offence, or
the sentence imposed, and
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.
An entry made under this section must include—
the name of the person in respect of whom the entry is made,
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
such other information as may be prescribed by regulations made by the Secretary of State.
Regulations under subsection (8)(c) may, in particular, require an entry to include—
the person’s address or other contact details,
details of any dwellings in relation to which the person is a residential landlord, and
details of the offence, financial penalty or regulatory action to which the entry relates.
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.
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.
In this Chapter—
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.
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.
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.
The database operator must—
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,
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,
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
publish advice and information explaining to residential landlords and residential tenants their rights and obligations under this Chapter.
The database operator must report to the Secretary of State on—
the performance of the database, and
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.
Reports under subsection (2) are to be made at such times, and cover such matters—
as may be agreed between the database operator and the Secretary of State, or
in default of such agreement, as the Secretary of State may direct.
Subsection (2) does not apply if the Secretary of State is the database operator.
The Secretary of State may by regulations—
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,
make provision requiring an active landlord entry and an entry made under section 83 in respect of the same person to be linked,
in the case of an entry made by a local housing authority in respect of a person under section 83—
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,
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
specify the circumstances in which information contained in such an entry is to cease to be available to the public, and
specify the manner and form in which information is to be made available to the public by the database operator under the regulations.
The database operator must give access to information in the database to the following—
lead enforcement authorities,
local housing authorities,
local weights and measures authorities in England,
mayoral combined authorities, as defined by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009, and
the Greater London Authority.
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.
The database operator must not disclose restricted information from the database except—
in accordance with section 86(2) or (3), or
where authorised by regulations under this section.
The Secretary of State may by regulations make provision authorising the disclosure from the database of restricted information where the disclosure is necessary—
to enable or facilitate compliance with a statutory requirement specified in the regulations,
to enable or facilitate compliance with a requirement of a rule of law specified in the regulations, or
to facilitate the exercise of statutory functions specified in the regulations.
The regulations may—
specify the manner and form in which the information may be disclosed, and
impose restrictions on the use and further disclosure of information disclosed under the regulations.
A disclosure authorised by the regulations does not breach—
any obligation of confidence owed by the database operator, or
any other restriction on the disclosure of information (however imposed).
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).
A person commits an offence if the person knowingly or recklessly discloses restricted information in contravention of—
subsection (1), or
a restriction on further disclosure imposed by regulations under this section.
A person guilty of an offence under subsection (6) is liable on summary conviction to a fine.
In this section—
For the purposes of subsection (8) information identifies a particular person if the identity of that person—
is specified in the information,
can be deduced from the information, or
can be deduced from the information taken together with any other information.
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.
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.
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.
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.
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.
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.
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.
In section 7 of the 1988 Act (orders for possession)—
in subsection (4), after “then” insert “, subject to subsection (5ZC),”;
after subsection (5ZB) (inserted by section 3(2)(d) of this Act) insert—
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.
the person or persons by whom, or
the circumstances in which,
A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has—
breached a requirement imposed by section 82(1), (2) or (3),
committed an offence under section 92.
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, if it is imposed under subsection (1)(a), or
£40,000, if it is imposed under subsection (1)(b).
More than one financial penalty may be imposed under this section in respect of the same conduct only if—
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
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.
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.
No financial penalty may be imposed under this section in respect of any conduct if—
the person has been convicted of an offence under section 92 in respect of the conduct,
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
criminal proceedings for an offence under that section in respect of the conduct have been concluded and the person has not been convicted.
The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.
Local housing authorities must have regard to any guidance issued under subsection (6).
The Secretary of State may by regulations amend the amounts specified in subsection (2) to reflect changes in the value of money.
For the purposes of this section and section 92—
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
“final notice” has the meaning given by paragraph 6 of Schedule 5.
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.
A person commits an offence if—
a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and
the conduct in respect of which the penalty was imposed continues after the end of the period of 28 days beginning with—
the day after that on which the penalty was imposed on the person, or
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.
A person commits an offence if—
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
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.
A person commits an offence if—
either—
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
the person has been convicted of such an offence, and
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.
In subsections (2) to (4) “relevant penalty” means a financial penalty which is imposed under section 91 where—
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,
an appeal against the decision to impose the penalty under that paragraph has been withdrawn or abandoned, or
the final notice imposing the penalty has been confirmed or varied on appeal.
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.
A person guilty of an offence under this section is liable on summary conviction to a fine.
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.
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.
The Secretary of State may from time to time give directions—
to the database operator about the manner in which it is to exercise its functions, and
to local housing authorities about the manner in which they are to exercise the functions conferred on them by or under this Chapter.
Directions under subsection (1) may provide, in particular, that a function is only to be exercised—
after consultation with the Secretary of State, or
with the consent of the Secretary of State.
Subsection (1)(a) does not apply if the Secretary of State is the database operator.
The Housing and Planning Act 2016 is amended as follows.
In section 28 (database of rogue landlords and property agents), after subsection (3) insert—
In section 29 (duty to include person with banning order), after subsection (2) insert—
In section 30 (power to include person convicted of banning order offence), after subsection (7)—
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.
In this Chapter—
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.
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.
The Housing and Planning Act 2016 is amended as follows.
In section 40 (introduction and key definitions), in subsection (3)—
2A Housing Act 1988 section 16J(1) Knowingly or recklessly misusing a possession ground 2B section 16J(2) Breach of restriction on letting or marketing dwelling-house 2C section 16J(3) Tenancy reform: continuing breaches
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”;
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”;
8 Renters’ Rights Act 2025 section 67(1) Landlord redress schemes: continuing breaches 9 section 92(1) Private rented sector database: provision of false or misleading information 10 section 92(2) (but only if the penalty imposed relates to a breach of a requirement imposed by section 82(3)) Private rented sector database: continuing breaches
In section 41 (application for rent repayment order)—
in subsection (2)(b), for “12 months” substitute “2 years”;
after subsection (2) insert—
In section 42 (notice of intended proceedings), in subsection (5), for “12 months” substitute “2 years”.
In section 44 (amount of order: tenants)—
in subsection (2), in the first column of the table—
in the first row, for “or 2” substitute “, 2, 2A or 9”, and
in the second row, for “3” to “7” substitute “2C, 3, 4, 5, 6, 7, 8 or 10”;
an offence mentioned in row 2B of the table in section 40(3) the period of 2 years ending with the date of the offence or, if the tenancy ends before that date, the date on which it ends
in subsection (4)—
omit the “and” at the end of paragraph (b),
in paragraph (c), after “of” insert “, or received a financial penalty in respect of,”, and
at the end of paragraph (c) insert , and
In section 45 (amount of order: local housing authorities)—
in subsection (2), in the first column of the table —
in the first row, for “or 2” substitute “, 2, 2A or 9”, and
in the second row, for “3” to “7” substitute “2C, 3, 4, 5, 6, 7, 8 or 10”;
an offence mentioned in row 2B of the table in section 40(3) the period of 2 years ending with the date of the offence or, if the tenancy ends before that date, the date on which it ends
in subsection (4)—
omit the “and” at the end of paragraph (b),
in paragraph (c), after “of” insert “, or received a financial penalty in respect of,”, and
at the end of paragraph (c) insert , and
In section 46 (amount of order following conviction)—
in subsection (1), for “both” substitute “either”;
for subsection (3) substitute—;
after subsection (4) insert—
In this Part “dwelling” has the meaning given by section 63(2).
For the meanings of “residential landlord”, “residential tenancy” and “residential tenant” in this Part, see section 63.
For the purposes of this Part, a person markets a dwelling for the purpose of creating a residential tenancy when—
the person advertises that the dwelling is or may be available for let under a residential tenancy, or
in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.
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.
For the purposes of this section, “lettings agency work” means things done by a person in the course of a business in response to instructions received from—
a person (“a prospective landlord”) seeking to find another person to whom to let a dwelling, or
a person (“a prospective tenant”) seeking to find a dwelling to rent.
However, “lettings agency work” does not include any of the following things when done by a person who does nothing else within subsection (5)—
publishing advertisements or disseminating information;
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;
providing a means by which a prospective landlord and a prospective tenant can communicate directly with each other.
“Lettings agency work” also does not include things of a description, or things done by a person of a description, specified in regulations made by the Secretary of State.
The Housing Act 2004 is amended as follows.
In section 1 (new system for assessing housing conditions and enforcing housing standards), after subsection (3) insert—
In subsection (4) of that section, after paragraph (d) insert—
After subsection (4) of that section, insert—
After section 2 insert—
In Schedule 4, Part 1 contains amendments of the Housing Act 2004 and Part 2 contains amendments of other Acts.
The Secretary of State must prepare and publish in relation to each year a report on—
the extent to which service family accommodation in England meets the relevant standards during that year, and
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.
The Secretary of State— in relation to any year.
may make the required assessment, or
may arrange for an independent person to make the required assessment,
If the Secretary of State makes the required assessment in relation to a year, the Secretary of State must—
arrange for an independent person to evaluate the assessment, and
include that evaluation in the annual report relating to that year.
The Secretary of State must lay each annual report before Parliament.
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.
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.
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.
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).
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).
In this section—
Schedule 5 makes provision about—
the procedure for imposing a financial penalty under sections 40, 57, 66, 91,
appeals against financial penalties under those sections,
enforcement of financial penalties under those sections, and
how local housing authorities are to deal with the proceeds of financial penalties under those sections.
The Housing and Planning Act 2016 is amended as follows.
In section 40 (introduction and key definitions), for subsections (1) and (2) substitute—
In section 41 (application for rent repayment order), in subsection (1), for “person” substitute “landlord”.
In section 43 (making of rent repayment order), at the end of subsection (3) insert—
In section 44 (amount of order: tenants)—
in subsection (2)—
after “rent paid” (in the first place) insert “by, or on behalf of, the tenant”,
for “during” substitute “in respect of”,
in the heading to the second column to the table, after “by” insert “, or on behalf of,”, and
for “12 months” (in both places) substitute “2 years”,
in subsection (3)—
for “repay” substitute “pay”, and
in paragraph (a), after “paid” insert “by, or on behalf of, the tenant”, and
in subsection (4), after paragraph (a) insert—.
In section 45 (amount of order: local housing authorities)—
in subsection (2)—
for “during” substitute “in respect of”, and
for “12 months” (in both places) substitute “2 years”, and
in subsection (3)—
for “repay” substitute “pay”, and
omit “that the landlord” (in the second place).
After section 46 insert—
In section 52 (interpretation), in subsection (1), in the appropriate place insert—
In the Housing and Planning Act 2016, after section 51 insert—
Section 72 of the Housing Act 2004 (offences in relation to licensing of HMOs) is amended in accordance with subsections (2) to (4).
For subsection (1) substitute—
After subsection (4) insert—
In subsection (5)—
for “subsection (1), (2) or (3)” substitute “subsection (2) or (3)”, and
omit paragraph (a) (together with the “or” at the end of it).
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).
For subsection (1) substitute—
After subsection (3) insert—
In subsection (4)—
for “subsection (1) or (2)” substitute “subsection (2)”, and
for the words following “excuse” substitute “for failing to comply with the condition”.
In Schedule 1 to the Housing Act 2004 (procedure and appeals relating to improvement notices), in paragraph 2(2)—
after “the notice” insert “on whichever of the following the authority considers ought to take the action specified in it”,
in paragraphs (a) and (b), omit “on” in each place, and
after paragraph (b) insert—
It is the duty of every local housing authority to enforce the landlord legislation in its area.
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.
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).
A county council in England which is not a local housing authority may—
enforce the landlord legislation;
for that purpose, exercise any powers that a local housing authority may exercise for the purposes of enforcing that legislation.
In this Part “the landlord legislation” means—
Chapters 3 and 6 of Part 1 of this Act,
Part 2 of this Act,
sections 1 and 1A of the Protection from Eviction Act 1977, and
Chapter 1 of Part 1 of the 1988 Act.
For the purposes of this Part, a reference to taking enforcement action is a reference to— under the landlord legislation.
imposing a financial penalty, or
instituting proceedings against a person for an offence,
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.
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.
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).
Subsection (5) applies where—
a local housing authority (“LA1”) has imposed a financial penalty under the landlord legislation,
the breach or offence to which the penalty relates occurred in the area of another local housing authority (“LA2”), and
the final notice imposing the penalty has not been withdrawn.
LA1 must notify LA2 as soon as reasonably practicable if—
the period for bringing an appeal against the penalty expires without an appeal being brought,
an appeal against the penalty is withdrawn or abandoned, or
the final notice imposing the penalty is confirmed or varied on appeal.
Subsection (7) applies where—
a local housing authority (“LA1”) has instituted proceedings against a person for an offence under the landlord legislation, and
the conduct to which the offence relates occurred in the area of another local housing authority (“LA2”).
LA1 must notify LA2 as soon as reasonably practicable if the person is convicted of the offence.
A county council in England— must notify any local housing authority in whose area the breach or offence occurred.
which is not a local housing authority, and
which proposes to take enforcement action in respect of a breach of, or an offence under, the landlord legislation,
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.
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).
Subsection (5) applies where—
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
the final notice imposing the penalty has not been withdrawn.
The county council must as soon as reasonably practicable notify any local housing authority in whose area the breach or offence occurred if—
the period for bringing an appeal against the penalty expires without an appeal being brought,
an appeal against the penalty is withdrawn or abandoned, or
the final notice imposing the penalty is confirmed or varied on appeal.
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.
which is not a local housing authority, and
which institutes proceedings against a person for an offence under the landlord legislation,
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.
A report under subsection (1) must—
be provided at such time and in such form as the Secretary of State requires, and
contain such information as the Secretary of State requires.
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.
The arrangements may include arrangements—
for payments by the Secretary of State;
about bringing the arrangements to an end.
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.
The regulations may relate to a specific change in the lead enforcement authority or to changes that might arise from time to time.
In this Part—
“relevant banning order offence” means a banning order offence (as defined in Part 2 of the Housing and Planning Act 2016) committed—
The Local Government and Housing Act 1989 is amended as follows.
In section 100 of the Police Reform Act 2002 (Metropolitan Police Authority housing) omit subsection (4).
In the Anti-social Behaviour Act 2003—
in section 14 (security of tenure: anti-social behaviour) omit subsection (4);
omit section 15;
in Schedule 1 (demoted tenancies), omit paragraph 2(3).
In Schedule 10 (security of tenure on ending of long residential tenancies)—
in paragraph 5(1)(a), omit “, other than Ground 16”;
Ground 6 in Schedule 2 to the 1988 Act may not be specified in a landlord’s notice to resume possession if the tenancy is a former 1954 Act tenancy. Where that Ground applies to any other long residential tenancy in accordance with sub-paragraph (1), it is to apply as if—
in paragraph 6(3)(c)—
omit “(other than an assured shorthold tenancy)”;
for “5” substitute “5H”;
in paragraph 11(3)—
in the opening words, omit “(not being an assured shorthold tenancy)”;
in paragraph (c), for “5” substitute “5H”;
in paragraph 11(5)—
in the opening words, omit “(not being an assured shorthold tenancy)”;
in paragraph (c), for “5” substitute “5H”;
in paragraph 12(1), omit “or Chapter II”;
in paragraph 13(4), for “15” substitute “18”.
In Schedule 11 (minor and consequential amendments), omit paragraphs 103 and 108.
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).
A lead enforcement authority must oversee the operation of the provisions for which it is responsible.
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.
relevant local authorities, and
the public in England,
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.
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.
Relevant local authorities must have regard to any guidance issued under subsection (4).
A lead enforcement authority must keep under review and from time to time advise the Secretary of State about the following—
the operation of the landlord provisions for which it is responsible;
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.
The Secretary of State may give a lead enforcement authority directions as to the exercise of any of its functions.
A direction may relate to all or particular kinds of relevant local authorities and may make different provision for different purposes.
In this section—
A lead enforcement authority may—
take steps to enforce the provisions for which it is responsible where it considers it necessary or expedient to do so;
for that purpose, exercise any powers that a local housing authority may exercise for the purpose of the enforcement of those provisions.
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.
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.
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).
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).
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.
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)).
Section 126(10) is to be read, in relation to an officer of a lead enforcement authority, as if—
the reference to a deputy chief officer whose duties relate to a purpose within subsection (1)(b) of that section were a reference to—
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
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
paragraph (b)(ii) were omitted.
In this section “relevant local authority” has the same meaning as in section 112.
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.
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—
had an estate or interest in premises which consist of or include any relevant accommodation, otherwise than as a mortgagee not in possession,
been a licensor of premises which consist of or include any relevant accommodation,
acted or purported to act on behalf of a person within paragraph (a) or (b), or
marketed any relevant accommodation for the purposes of creating a residential tenancy, within the meaning of Part 2 (see section 99).
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.
A notice under this section must be in writing and must specify that it is given under this section.
The notice may specify—
the time within which and the manner in which the relevant person to whom it is given must comply with it;
the form in which information must be provided.
The notice may require—
the creation of documents, or documents of a description, specified in the notice, and
the provision of those documents to an enforcement authority or officer.
The notice must include information about the possible consequences of not complying with a notice under this section.
A requirement to provide information or create a document is a requirement to do so in a legible form.
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.
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.
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.
The purposes are—
investigating whether there has been a breach of, or an offence under, the rented accommodation legislation, or
determining the amount of a penalty under that legislation.
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.
A notice under this section must be in writing and must specify that it is given under this section.
The notice may specify—
the time within which and the manner in which the person to whom it is given must comply with it;
the form in which information must be provided.
The notice may require—
the creation of documents, or documents of a description, specified in the notice, and
the provision of those documents to an enforcement authority or officer.
The notice must include information about the possible consequences of not complying with a notice under this section.
A requirement to provide information or create a document is a requirement to do so in a legible form.
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.
If it appears to the court that the person has failed to comply with the notice, it may make an order under this section.
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.
An order under this section may require the person to meet the costs of the application.
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.
In this section—
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)—
no evidence relating to the information may be adduced by or on behalf of the prosecution, and
no question relating to the information may be asked by or on behalf of the prosecution.
Subsection (1) does not apply if, in the proceedings—
evidence relating to the information is adduced by or on behalf of the person providing it, or
a question relating to the information is asked by or on behalf of that person.
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).
An officer of a local housing authority may, at any reasonable time, enter any premises in England if—
the officer reasonably believes the premises to be occupied by a relevant person for the purposes of a rental sector business, and
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.
Subsection (1) does not authorise entry into premises used wholly or mainly as residential accommodation.
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.
Those requirements are that—
the notice is in writing and is given by an officer of the local housing authority,
the notice sets out why the entry is necessary and indicates the nature of the offences under section 131(1) and (2), and
there are at least 24 hours between the giving of the notice and the entry.
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.
In this section “routine inspection” means an exercise of the power in subsection (1) other than where—
the officer reasonably considers that to give notice in accordance with subsection (3) would defeat the purpose of the entry, or
it is not reasonably practicable in all the circumstances to give notice in accordance with that subsection.
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.
An officer entering premises under subsection (1) may take photographs or make recordings.
In this section “rental sector business” means a business connected with—
the letting of residential accommodation in England,
the creation of licences to occupy such accommodation,
the marketing of such accommodation for the purpose of creating a tenancy or licence to occupy, or
the management of such accommodation when occupied under a tenancy or licence to occupy.
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—
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
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—
sets out why the entry is necessary, and
indicates the nature of the offences under section 131(1) and (2).
An officer need not comply with subsection (1) if it is not reasonably practicable to do so.
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).
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—
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
that there are reasonable grounds for believing that—
the premises are occupied by a relevant person for the purposes of a rental sector business,
the premises are not used wholly or mainly as residential accommodation,
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
condition A, B or C is met.
Condition A is that—
access to the premises has been or is likely to be refused, and
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.
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.
Condition C is that no occupier is present, and it might defeat the purpose of the entry to wait for their return.
In this section “rental sector business” has the meaning given by section 118(9).
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.
A warrant under that section does not authorise entry into premises used wholly or mainly as residential accommodation.
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.
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.
An officer entering premises under a warrant under section 120 may take photographs or make recordings.
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.
Subsection (8) applies if no occupier is present when the premises are entered.
On leaving the premises the officer must—
leave a notice on the premises stating that the premises have been entered under a warrant under section 120, and
leave the premises as effectively secured against trespassers as the officer found them.
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—
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
take copies of, or of any entry in, any such document.
The purposes are—
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;
to ascertain whether the documents may be required as evidence in proceedings for such a breach or offence.
The power in subsection (1) is available regardless of whether—
the purpose for which the documents are required relates to the relevant person or some other person, or
the proceedings referred to in subsection (2)(b) could be taken against the relevant person or some other person.
That power includes power to require the person to give an explanation of the documents.
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.
This section does not permit an officer to require a person to create a document other than as described in subsection (5).
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.
In this section “relevant business” means the business for the purposes of which the premises are occupied.
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.
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.
The officer need not comply with subsection (2) if it is not reasonably practicable to do so.
An officer seizing documents under this section must take reasonable steps to—
inform the person from whom they are seized that they have been seized, and
provide that person with a written record of what has been seized.
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.
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.
For the purpose of exercising the power under this section, the officer may, to the extent that is reasonably necessary for that purpose—
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
if such a requirement has not been complied with, access the electronic device.
Documents seized under this section may not be detained—
for a period of more than 3 months beginning with the day on which they were seized, or
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.
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.
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.
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—
allow that person access to it under the supervision of an officer for the purpose of photographing or copying it, or
photograph or copy it, or cause it to be photographed or copied.
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.
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.
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.
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.
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.
An application under this section may be made—
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
if no proceedings within paragraph (a) have been brought, by way of complaint to a magistrates’ court.
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.
Condition A is that—
no proceedings have been brought for an offence as the result of the investigation in the course of which the documents were seized, or
the period of 6 months beginning with the date the documents were seized has expired.
Condition B is that—
proceedings of a kind mentioned in subsection (4)(a) have been brought, and
those proceedings have been concluded.
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.
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.
A specially authorised officer of a local housing authority may enter premises in England at any reasonable time, if—
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
the officer considers it necessary to inspect the premises for the purpose of investigating whether there has been, in relation to the premises—
a breach of section 82(3),
an offence under subsection (1) of section 92,
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),
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),
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
an offence under section 1 of the Protection from Eviction Act 1977, and
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).
an occupier of the premises, and
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,
The requirements referred to in subsection (1)(c) are that—
the notice is in writing and is given by an officer of the local housing authority,
the notice sets out why the entry is necessary and indicates the nature of the offences under section 131(1) and (2) (obstruction), and
there are at least 24 hours between the giving of the notice and the entry.
A notice need not be given to a person who has waived the requirement to give notice.
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).
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.
premises are entered in exercise of the power conferred by subsection (1), and
notice is not given to any person because of subsection (4),
The notice must—
identify the premises that were entered,
state when the premises were entered, and
state the purpose for which the premises were entered.
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.
A specially authorised officer entering premises under subsection (1) may take photographs or make recordings.
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.
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))—
states the particular purpose for which the officer is authorised to exercise the power, and
is given by the local housing authority acting through—
a deputy chief officer of the authority whose duties include duties relating to a purpose within subsection (1)(b), or
an officer of the authority to whom such a deputy chief officer reports directly, or is directly accountable, as respects duties so relating.
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.
An officer need not comply with subsection (1) if it is not reasonably practicable to do so.
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).
In this section “special authorisation” has the same meaning as in section 126 (see subsection (10) of that section).
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—
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,
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),
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),
that—
admission to the premises has been sought for the purposes of entry under section 126(1) but has been refused,
that no occupier is present and it might defeat the purpose of the entry to await their return, or
that application for admission would defeat the purpose of the entry.
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.
A warrant under that section ceases to have effect when the inspection of the premises has been completed.
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.
An officer entering premises under section 128 may take photographs or make recordings.
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.
Subsection (7) applies if no occupier is present when the premises are entered.
On leaving the premises the officer must—
leave a notice on the premises stating that the premises have been entered under a warrant under section 128, and
leave the premises as effectively secured against trespassers as the officer found them.
A person who accompanies an officer of a local housing authority entering premises under, or under a warrant under, this Chapter—
has the same powers under this Chapter as the officer in relation to the premises, but
must exercise those powers only in the company, and under the supervision, of the officer.
A person commits an offence if the person—
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,
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
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.
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—
makes a statement which the person knows is false or misleading in a material respect, or
recklessly makes a statement which is false or misleading in a material respect.
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.
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.
A person who is guilty of an offence under subsection (3) is liable on summary conviction to a fine.
Nothing in this section requires a person to answer any question or give any information if to do so might incriminate that person.
In this Chapter—
“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;
“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— 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.
A person who is given a notice of intent may make written representations to the authority about the proposal to impose a financial penalty. 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”).
A person to whom a final notice is given may appeal to the First-tier Tribunal against— 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. If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned. An appeal under this paragraph— On an appeal under this paragraph the First-tier Tribunal may quash, confirm or vary the final notice. 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.
In relation to an existing tenancy, section 4A of the 1988 Act (inserted by section 1) is to be read as if—
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—”;
in subsection (5), for paragraph (a) (and the “and” following it) there were substituted—;
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)”.
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.
Conduct engaged in, in relation to an existing tenancy, before the commencement date—
does not give rise to liability to a financial penalty under section 16I or 16K of the 1988 Act (inserted by section 13), and
does not constitute an offence under section 16J (as so inserted).
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.
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)”.
This paragraph applies where, before the commencement date— The notice under section 8 remains valid— 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). 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”— . In this paragraph—
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).
This paragraph applies to a relevant pre-application instrument if either or both of conditions A and B are met. Condition A: immediately before the commencement date— Condition B: immediately before the commencement date— 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. 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. In this paragraph “pre-commencement requirement” means—
This paragraph applies to a pre-application section 106 obligation if, immediately before the commencement date— 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.
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—
the terms of any agreement relating to the lease, mortgage arrangement, or contract of insurance, and
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.
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. 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.
References in this Chapter to an officer—
are to a person authorised in writing by a local housing authority to exercise powers under this Chapter, and
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.
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.
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—
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
Parts 1 to 7 or Chapter 9 of the Investigatory Powers Act 2016.
In subsection (4) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001, at the end insert—
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).
In subsection (5), after paragraph (a) (but before the “or” at the end) insert—.
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)”.
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).
In subsection (1), after paragraph (a) (but before the “or” at the end) insert—.
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).
In section 235 of the Housing Act 2004 (power to require documents to be produced), in subsection (1)—
after paragraph (a) (but before the “or” at the end) insert—;
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”.
In section 239 of that Act (powers of entry), after subsection (5) insert—
regulations 5 and 8 of the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019
In this Act—
Subject to subsections (2) to (8), this Act and any regulations made under it bind the Crown.
Sections 67 and 92 do not bind the Crown.
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.
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—
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
satisfying the conditions in subsection (2)(a) and (b), (3)(a) and (b), or (4)(a) and (b) of section 92.
Sections 118 to 130 do not bind the Crown.
Nothing in section 131 makes the Crown criminally liable.
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).
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).
Nothing in this section affects the criminal liability of persons in the service of the Crown.
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—
sections 67 and 92 do not apply;
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;
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—
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
satisfying the conditions in subsection (2)(a) and (b), (3)(a) and (b), or (4)(a) and (b) of section 92.
The following provisions do not apply in relation to premises that are occupied for the purposes of either House of Parliament—
Chapter 3 of Part 1;
sections 114 and 118 to 130.
Nothing in section 131 makes the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords criminally liable.
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).
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).
A power to make regulations under this Act includes power to make—
consequential, supplementary, incidental, transitional or saving provision;
different provision for different purposes or areas;
the full provision to which the power extends or any less provision (whether by way of exception or otherwise).
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.
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.
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)).
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.
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.
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.
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)).
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.
This section does not apply to regulations under this Part.
The Welsh Ministers may by regulations made by statutory instrument make provision that is consequential on Part 1.
Regulations under this section may amend, repeal or revoke provision made by or under—
an Act or Measure of Senedd Cymru passed before this Act, or
an Act passed—
before this Act, or
later in the same session of Parliament as this Act.
The power to make regulations under this section includes power to make—
supplementary, incidental, transitional or saving provision;
different provision for different purposes.
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.
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.
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.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.
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).
Regulations under this section may amend, repeal or revoke provision made by or under—
an Act of the Scottish Parliament passed before this Act, or
an Act passed—
before this Act, or
later in the same session of Parliament as this Act.
The power to make regulations under this section includes power to make—
supplementary, incidental, transitional or saving provision;
different provision for different purposes.
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.
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.
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)).
Any other regulations made under this section are subject to the negative procedure (see section 28 of that Act).
The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.
Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—
before this Act, or
later in the same session of Parliament as this Act.
The power to make regulations under this section includes power to make—
supplementary, incidental, transitional or saving provision;
different provision for different purposes.
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 or licences entered into, or advertising begun, before the date on which the regulations come into force;
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—
have effect with specified modifications, or
cease to have effect (in whole or in part).
For the purposes of subsection (4)(b)—
“pre-application instrument” means an agreement or other instrument made before the regulations come into force;
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—
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;
as a result of any provision of the regulations, it is unclear what the effect is of provision made by the instrument;
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;
the instrument makes direct or indirect reference to any enactment as it had effect before being amended by the regulations.
Regulations made by virtue of subsection (4)(b) must provide that they do not prevent—
the variation or revocation of provision modified by the regulations, or
the re-making of provision that has ceased to have effect as a result of the regulations.
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.
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.
amend or repeal provision made by an Act, or
are made by virtue of subsection (4)(b),
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
This Act extends to England and Wales only, subject to subsections (2) to (4).
Part 1, Chapter 5 extends to Scotland only.
This Part extends to England and Wales and Scotland.
An amendment or repeal made by this Act has the same extent as the provision amended or repealed.
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).
This Act comes into force for the purposes of making regulations on the day on which it is passed.
Chapter 4 of Part 1 comes into force on such day as the Welsh Ministers by order made by statutory instrument appoint.
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).
The following come into force at the end of the period of two months beginning with the day on which this Act is passed—
Chapter 2 of Part 1;
section 59;
section 110;
Chapter 3 of Part 4.
Section 111 and this Part come into force on the day on which this Act is passed.
Different days may be appointed under this section for different purposes, subject to subsection (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.
one day is appointed for the purposes of assured tenancies that are not social housing assured tenancies, and
one or more different days are appointed for the purposes of social housing assured tenancies;
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).
Schedule 6 contains transitional provision.
In this section—
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—
is entered into when the fixed term tenancy was entered into, and
becomes a periodic tenancy on the expiry of the fixed term.
In this section, “the relevant provisions” means—
section 146,
Schedule 6,
section 5 of the Protection from Eviction Act 1977 as amended by section 20, and
Part 1 of the 1988 Act as amended by Chapter 1 of Part 1.
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.
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.
Regulations under this section may make different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
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.
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).
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.
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.
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.
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.
The power to make regulations under subsection (3) includes—
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
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—
have effect with specified modifications, or
cease to have effect (in whole or in part).
For the purposes of subsection (7)(b)—
“pre-application instrument” means an agreement or other instrument entered into—
before the commencement date, or
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;
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—
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;
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;
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;
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);
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;
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.
Regulations made by virtue of subsection (7)(b) must provide that they do not prevent—
the variation or revocation of provision modified by the regulations, or
the re-making of provision that has ceased to have effect as a result of the regulations.
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.
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.
fall within subsection (7)(b), or
amend or repeal provision made by Part 2 of Schedule 6 to this Act,
In this section “the commencement date” has the meaning given by section 146(3).
The powers under this section include power to make different provision for different purposes.
This Act may be cited as the Renters’ Rights Act 2025.