Renters’ Rights Act 2025 Amendments

Date	Debate
Wednesday 22nd October 2025	Consideration of Lords messageConsideration of Lords Message
Tuesday 14th October 2025	Consideration of Commons amendments and / or reasons
Monday 8th September 2025	Consideration of Lords amendments

Date	Debate
Monday 21st July 2025	3rd reading

Date	Debate
Monday 7th July 2025	Report stage
Tuesday 1st July 2025	Report stage: Part 2
Tuesday 1st July 2025	Report stage: Part 1

Date	Debate
Wednesday 14th May 2025	Committee stage: Part 2
Wednesday 14th May 2025	Committee stage: Part 1
Monday 12th May 2025	Committee stage
Tuesday 6th May 2025	Committee stage part two
Tuesday 6th May 2025	Committee stage part one
Monday 28th April 2025	Committee stage
Thursday 24th April 2025	Committee stage part two
Thursday 24th April 2025	Committee stageLords Hansar part one
Tuesday 22nd April 2025	Committee stage part two
Tuesday 22nd April 2025	Committee stage part one

Date	Debate
Tuesday 14th January 2025	Report stage

Date	Debate
Tuesday 5th November 2024	Committee stage: 8th sitting
Tuesday 5th November 2024	Committee stage: 7th sitting
Thursday 31st October 2024	Committee stage: 6th Sitting
Thursday 31st October 2024	Committee stage: 5th Sitting
Tuesday 29th October 2024	Committee stage: 4th sitting
Tuesday 29th October 2024	Committee stage: 3rd sitting
Tuesday 22nd October 2024	Committee stage: 2nd sitting
Tuesday 22nd October 2024	Committee stage: 1st sitting

Type	Description
	Black center indicates Government or Bill Sponsor amendment
	Front Bench Amendment from any Opposition Party indicated by party colour
	Back Bench Amendment from any MP - Outline Colour indicates party

Bill Content
List of Amendments

14 New Clauses Proposed

Page 1

Part 1

Tenancy reform

Chapter 1

Assured tenancies

End of certain kinds of assured tenancy

Show Explanatory Text

"Assured tenancies to be periodic with rent period not exceeding a month"

Source Bill 008 EN 2024-25

62 Clause 1 inserts a new section 4A before section 5 of the Housing Act 1988. This clause provides that all assured tenancies will be periodic and can no longer have fixed terms.
63 Subsections (1) and (2) provide that any terms of an assured tenancy that try to create a fixed term will have no legal effect. Terms of an assured tenancy providing for the duration of the periodic tenancy to be different to the rent period will also have no legal effect. Where such terms exist, the tenancy will instead be periodic and the tenancy's periods will be the same duration as the period for which rent is paid.
64 Subsections (3) to (8) limit the length of the rent period of an assured tenancy. Subsection (3) provides that rent periods must be either monthly or no more than 28 days long. Assured tenancy terms which try to create any other length of period will be of no legal effect. Instead, the tenancy has effect as if it provided for monthly periods with the rent payable monthly on the first day of each period. Subsection (5) provides that the rent will remain at the same level as agreed between the parties initially but will instead be paid monthly on a pro-rata basis. Subsection (7) clarifies that the clause does not restrict landlords and tenants agreeing different terms, but any terms cannot contravene subsections (1) and (3).
65 Tenancy agreements under the Housing Act 1988 can currently be either fixed-term or periodic in nature.
66 A "fixed term tenancy" is defined in section 45(1) of the Housing Act 1988 as any tenancy other than a periodic tenancy. As determined by the Court of Appeal in Goodman v Evely [2001] EWCA Civ 104, the defined term cfixed term tenancyce includes both a tenancy granted for a fixed period (e.g., one year) and one that is granted for an initial fixed period and thereafter a periodic term (e.g., one year and thereafter month-to-month).
67 In future, it will not be possible to grant an assured fixed term tenancy. Instead, all assured tenancies must be periodic from the beginning of the tenancy. Upon the commencement date, all existing assured tenancies will also become periodic. This will give tenants more flexibility to end tenancies where they need to, including where landlords are failing to meet their obligations, or properties are poor quality.
68 The periods of a periodic tenancy can currently be any length. Unless the parties expressly agree otherwise, when a tenant gives notice to end a tenancy, the date on which they wish to end the tenancy must align with the end of a period. A tenant cannot end a tenancy midway through a period, and so must pay rent for the entirety of the final period. To prevent tenants from being locked into unduly long periods in future which would have the same or similar impact as a fixed term it is necessary to limit the length of periods of an assured tenancy.

Assured tenancies to be periodic with rent period not exceeding a month

In the 1988 Act, before section 5 insert—

“4A

Assured tenancies to be periodic with rent period not exceeding a

month

(1)

Terms of an assured tenancy are of no effect so far as they provide—

(a)

for a tenancy to be a fixed term tenancy, or

(b)

for periods of the tenancy to be different from the periods for

which rent is payable (“rent periods”).

(2)

Where terms of an assured tenancy are of no effect by virtue of

subsection (1) (a) or (b) , the tenancy has effect as a periodic tenancy

under which the periods of the tenancy are the same as the rent

periods.

(3)

Terms of an assured tenancy which provide for the rent periods are

of no effect unless each rent period is—

Page 2

(a)

a period of 28 days or shorter, or

(b)

a monthly rent period.

(4)

Those terms may provide for different rent periods at different times

during the assured tenancy (but each rent period must be permitted

by subsection (3) ).

(5)

Where terms of an assured tenancy are of no effect by virtue of

subsection (3) , the tenancy has effect as if it provided—

(a)

for successive rent periods of one month beginning with the

first day of the tenancy, and

(b)

for the rent for each such rent period—

(i)

to be the amount calculated in accordance with the

formula in subsection (6) , and

(ii)

to be due on the first day of the period.

(6)

The formula is—

R D × 30 . 42

where—

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) ;

D is the number of whole days in that period.

(7)

Except as provided by subsections (1) and (3) , nothing in this section

limits any right of the landlord and the tenant to vary a term of a

tenancy by agreement.

(8)

For the purposes of this section, terms of an assured tenancy provide

for “monthly” rent periods if they provide for rent to be payable for

successive periods of one month, disregarding any provision for the

first period to be a different period not exceeding 30 days.”

Show Explanatory Text

"Abolition of assured shorthold tenancies"

Source Bill 008 EN 2024-25

69 Clause 2 removes provisions of the Housing Act 1988 which establish assured shorthold tenancies, so that such tenancies cannot be created in future. This Clause also removes section 21 of the Housing Act 1988. As well as this, section 6A is removed which detailed the mechanism that social housing providers could use to demote their tenants to assured shorthold tenancies if they commit anti-social behaviour.
70 The Housing Act 1988 introduced assured shorthold tenancies and section 21 evictions. This Clause removes the assured shorthold tenancy regime and mechanisms to demote social housing tenants to assured shorthold tenancies as well as section 21 itself, as in future all tenancies will be assured. Removing assured shorthold tenancies will require a very large number of consequential provisions, which are either made elsewhere in the Bill or will be made using relevant powers.

Abolition of assured shorthold tenancies

In the 1988 Act—

(a)

omit section 6A (demotion to assured shorthold tenancy because of

anti-social behaviour);

(b)

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

Show Explanatory Text

"Sections 1 and 2: effect of superior leases"

Source Bill 008 EN 2024-25

71 This Clause addresses issues that may arise in relation to existing leases that permit a leaseholder to sub-let their dwelling either on an assured tenancy for a fixed or minimum term or an assured shorthold tenancy, but not on a periodic assured tenancy.
72 Subsections (1) and (2) provide that, on the commencement date, an existing lease that contains the terms described above will have effect as permitting the leaseholder to sub-let their dwelling on a periodic assured tenancy. This is referred to in the Clause as a crelevant assured tenancyce, which is defined in subsection (1) as a periodic assured tenancy for rental periods that are the same as those in section 1 of this Bill. The terms of the existing lease, including other conditions on sub-letting, will otherwise continue to apply, unless they are inconsistent with provisions made under this Bill. The effect of subsections (1) and (2) is to therefore ensure that leaseholders who can currently sub-let their dwelling on either an assured tenancy for a fixed or minimum term or an assured shorthold tenancy, can continue to sub-let their dwelling on a periodic assured tenancy, without being in breach of their own leases once the Act abolishes the other types of tenancies and the new system enters into force.
73 Subsection (3) provides for where an existing lease is modified by subsections (1) and (2) and that lease was not a long lease (e.g., for more than 21 years in length). If the leaseholder has lawfully granted a subtenancy that is a periodic assured tenancy, they will not be in breach of an obligation in their own lease to return the dwelling to their landlord free from the subtenancy at the end of their lease, if the subtenancy remains in place. This will ensure leaseholders are not indirectly liable to their own landlords for lease breaches because of changes in the Act. Leaseholders with leases of more than 21 years will have new possession ground 2ZB, to obtain possession where their own lease is coming to an end.
74 Subsections (4) and (5) apply to existing leases that do not prohibit the leaseholder from sub-letting on a periodic assured tenancy (a crelevant assured tenancyce), but which contain terms that might otherwise be inconsistent with other provisions in this Bill. They provide that any terms that apply to sub-letting in an existing lease that are inconsistent with this Bill will not have effect; for example, where lease permits the leaseholder to sub-let, providing the subtenancy contains certain rent review provisions.
75 Under subsection (7), the Secretary of State may by regulations disapply or modify the effect of this Clause with regards to some existing leases. Any such regulations will identify the types of existing leases to which they apply. This power may be used to disapply or modify the effect of this Clause if this Clause affects certain types of leases in ways that does not align with that intention or the principles laid out in this Bill. Any regulations will be made via the affirmative procedure.
76 There are existing superior leases that permit sub-letting but only in a particular form, usually by way of an assured shorthold tenancy or for a minimum or fixed term (e.g., not less than 6 months). In the absence of this Clause, the changes made in Part 1 of this Bill may prevent leaseholders from continuing to sub-let their dwellings without breaching the terms of their own leases. This Clause therefore enables leaseholders who can currently sub-let their dwellings to continue to do so in a substantively similar way, to prevent significant disruption to both leaseholders and tenants.

Sections 1 and 2: effect of superior leases

(1)

Where, immediately before the commencement date, the lessee under an

existing lease of premises that consist of or include a dwelling—

(a)

could sub-let the dwelling under a fixed term assured tenancy without

breaching the lease, but

Page 3

(b)

could not sub-let the dwelling under a relevant assured tenancy

without breaching the lease,

the lease has effect on and after the commencement date as if it provided

that the lessee may sub-let the dwelling under a relevant assured tenancy in

the same circumstances and on the same terms as the lessee could previously

sub-let it under a fixed term assured tenancy, except so far as it would be

inconsistent with any provision made by or under this Act for the lease to

have effect in that way.

(2)

Where, immediately before the commencement date, the lessee under an

existing lease of premises that consist of or include a dwelling—

(a)

could sub-let the dwelling under an assured shorthold tenancy without

breaching the lease, but

(b)

could not sub-let the dwelling under a relevant assured tenancy

without breaching the lease,

the lease has effect on and after the commencement date as if it provided

that the lessee may sub-let the dwelling under a relevant assured tenancy in

the same circumstances and on the same terms as the lessee could previously

sub-let it under an assured shorthold tenancy, except so far as it would be

inconsistent with any provision made by or under this Act for the lease to

have effect in that way.

(3)

Where—

(a)

an existing lease which is—

(i)

periodic, or

(ii)

a fixed term lease of a term certain not exceeding 21 years,

is modified by subsection (1) or (2) ,

(b)

a dwelling is sub-let under the lease on a tenancy (entered into before

or after the commencement date) which is (or becomes on or after that

date, by virtue of this Act or otherwise) a relevant assured tenancy,

and

(c)

the tenancy was entered into in accordance with the terms of the lease

as they stood when the tenancy was entered into (or, if it was not, the

breach has been waived by the landlord),

the existing 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.

(4)

Subsection (5) applies where, immediately before the commencement date,

the lessee under an existing lease of premises that consist of or include a

dwelling could sub-let the dwelling under a relevant assured tenancy without

breaching the lease.

(5)

On and after the commencement date, the circumstances in which and terms

on which the lessee may so sub-let the dwelling remain the same as they

were immediately before the commencement date, except so far as that would

be inconsistent with provision made by or under this Act.

Page 4

(6)

Nothing in this section prevents an existing lease from being varied by the

parties to it.

(7)

The Secretary of State may by regulations disapply or modify the effect of

this section in relation to existing leases of a specified description.

(8)

Where the Secretary of State makes regulations under subsection (7)

disapplying the effect of this section, the fact that this section has previously

applied in relation to an existing lease does not prevent the exercise of the

powers in section 145 (6) (b) in relation to the lease.

(9)

In this section—

“assured shorthold tenancy” is to be read in accordance with Part 1 of

the 1988 Act as it had effect immediately before the commencement

date;

“the commencement date” has the meaning given by section 143 (3) ;

“dwelling” means a “dwelling-house” within the meaning of Part 1 of

the 1988 Act (see section 45 of that Act) in England;

“existing lease” means a lease which is entered into before the

commencement date or under a contract entered into before that date;

“relevant assured tenancy” means a periodic assured tenancy which is

not an assured shorthold tenancy and in relation to which each of the

rent periods is a period of—

(a)

28 days or less, or

(b)

1 month;

“sub-letting” includes sub-letting under any inferior lease.

(10)

In this section references to a lease, and to the terms of a lease, include

references to—

(a)

the terms of any agreement relating to the lease, and

(b)

any document or communication from the landlord which gives or

refuses consent for sub-letting in relation to a category or description

of sub-tenancy.

Grounds for possession

Show Explanatory Text

"Changes to grounds for possession"

Source Bill 008 EN 2024-25

77 Clause 4 amends the grounds for possession in Schedule 2 of the Housing Act 1988, including in relation to notice periods and the courts making orders for possession. It also makes consequential amendments to the relevant sections of the Housing Act 1988 following the removal of fixed-term tenancies.
78 Each possession ground has a minimum notice period cafter this period, a tenant must either vacate the property, or the landlord may start court proceedings to regain possession. Subsection (3)(e) updates section 8 of the Housing Act 1988 to set out notice periods for all grounds other than those for anti-social behaviour (grounds 7A and 14). When serving notice under grounds 1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6 and 6A the notice period before the landlord can begin court proceedings is four months. When serving notice under grounds 5, 5A, 5B, 5C, 5D, 5H, 7 and 9 the notice period before the landlord can begin court proceedings is two months. When serving notice under grounds 5E, 5F, 5G, 8, 10, 11 and 18 the notice period before the landlord can begin court proceedings is four weeks. When serving notice under grounds 4, 7B, 12, 13, 14ZA, 14A, 15 and 17 the notice period before the landlord can begin court proceedings is two weeks.
79 Landlords can begin court proceedings under anti-social behaviour grounds (7A and 14) immediately although a court cannot make an order for possession until at least 14 days after the landlord has given notice to the tenant. If the court has used its power to dispense with the requirement for a section 8 notice, the 14 days will begin either from the date on which any purported notice was served if the court thinks that is fair in the circumstances, or from the date on which the possession proceedings began.
80 Sub-section (2)(d) inserts a new section (5ZA) into section 7 of the Housing Act 1988. Section 5ZA prevents a court awarding possession under grounds 1-5H where an agricultural tenancy came to an end as a result of a notice to quit under Case A in Part 1, Schedule 3 of the Agricultural Holdings Act 1986. The court is prevented from awarding possession where the assured tenancy is granted by the same landlord as the agricultural tenancy, or by a new landlord under a contract or other agreement entered with the former landlord under which it was agreed that the property was to be let as 'suitable alternative accommodation' for the tenant for the purposes of Case A, meaning that the notice to quit will have effect without the consent of a tribunal, and that this possession restriction was to apply.
81 Clause 4 also inserts new section 8ZA into the Housing Act 1988. Section 8ZA provides for circumstances where the court has used its power to dispense with the requirement for a valid section 8 notice, but the requirements of the grounds relate to the timing of a date specified in a valid notice. For example, if the invalidity of the notice is only noticed during proceedings, but the court waives the validity requirement, the timing conditions required to establish the grounds may nevertheless be missed because the landlord has observed the relevant notice periods required following service of a valid section 8 notice before issuing proceedings. The landlord would then be unable to recover possession despite the requirement for a valid notice being waived because the court thought that was fair in the circumstances. Section 8ZA aims to resolve this issue in relation to grounds 4A, 5G and 6. If the court considers it just and equitable, new section 8ZA provides that the requirement to commence possession proceedings within a specified period may be disapplied.
82 The grounds for possession that landlords must use to evict their tenants are set out in Schedule 2 of the Housing Act 1988. Section 7 of the Housing Act 1988 sets out when a court must award possession. Section 8 of the Housing Act 1988 sets out the notice periods that landlords must give tenants before they can begin court proceedings. The Government wishes to amend these sections to protect security for tenants while accepting the legitimate interests of landlords. This includes extending the notice period for the main "no fault" grounds from two months to four months, and rent arrears from two weeks to four weeks. The Bill also reduces the notice period for serious anti-social behaviour (ground 7A) so landlords are able to make a claim for possession immediately.
83 A table detailing the grounds in Schedule 2 of the Housing Act 1988 (incorporating changes made by this Bill) can be found in Annex B.

Changes to grounds for possession

(1)

Schedule 1 contains amendments of Schedule 2 to the 1988 Act (grounds for

possession of dwelling-houses let on assured tenancies).

(2)

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

(a)

in subsection (3), for “subsections (5A) and (6)” substitute “the

following provisions of this section”;

(b)

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

(c)

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

Page 5

(d)

after subsection (5) insert—

“(5ZA)

The court may not make an order for possession of a

dwelling-house on any of Grounds 1 to 5H where—

(a)

a smallholding was previously let to the tenant under

an agricultural tenancy, within the meaning given by

section 1 of the Agricultural Holdings Act 1986,

(b)

the agricultural tenancy came to an end as a result of

the operation of a notice to quit given in case A in Part

1 of Schedule 3 to that Act (“case A”), and

(c)

the dwelling-house is let under the assured tenancy—

(i)

by the person who was the landlord under the

agricultural tenancy (“the former agricultural

landlord”), or

(ii)

by another person pursuant to a contract or

other agreement entered into with the former

agricultural landlord under which—

(A)

the dwelling-house is to be let as

suitable alternative accommodation for

the purposes of paragraph (b) of case

A, and

(B)

this subsection is to apply.”;

(e)

in subsection (5A)—

(i)

in paragraph (a), after “5” insert “, 5C”;

(ii)

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

(f)

after subsection (5A) insert—

“(5B)

If the only grounds for possession which the court is satisfied

are established are either or both of Grounds 7A and 14 in

Schedule 2, the court may not make an order for possession

to take effect within—

(a)

the period of 14 days beginning with the date of service

of the notice under section 8; or

(b)

where the court has exercised the power conferred by

section 8(1)(b), the period of 14 days beginning—

(i)

if a purported notice of possession (within the

meaning given by section 16M ) was served on

the tenant and the court considers it just and

equitable, with the date on which the notice was

served;

(ii)

otherwise, with the date on which the

proceedings for possession began.

(g)

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

(3)

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

(a)

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

(b)

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

Page 6

(c)

omit subsection (3A);

(d)

in subsection (4)—

(i)

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

14”;

(ii)

after “whether” insert “with or”;

(iii)

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

(e)

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

“(4AA)

If a notice under this section does not specify Ground 7A or

14 in Schedule 2, the date specified in the notice as mentioned

in subsection (3)(b) must not be before the end of the longest

period shown in the following table for any ground specified

in the notice.

Ground specified in notice

Period

1, 1A, 1B, 2, 2ZA, 2ZB,

four months beginning with the

2ZC, 2ZD, 4A, 6, 6A

date of service of the notice

5, 5A, 5B, 5C, 5D, 5H, 7,

two months beginning with the

date of service of the notice

5E, 5F, 5G, 8, 10, 11, 18

four weeks beginning with the

date of the service of the notice

4, 7B, 12, 13, 14ZA, 14A,

two weeks beginning with the

15, 17

date of the service of the notice”;

(f)

after subsection (5) insert—

“(5A)

A notice given by an intermediate landlord under Ground 2ZA

is to be treated, when the superior tenancy ends, as a notice

given by the person who became the landlord by virtue of

section 18 under Ground 2ZC.

(5B)

A notice given by an intermediate landlord under Ground 2ZB

is to be treated, when the superior tenancy ends, as a notice

given by the person who became the landlord by virtue of

section 18 under Ground 2ZD.”;

(g)

omit subsection (6).

(4)

After section 8 of the 1988 Act insert—

“8ZA

Disapplication of conditions where notice dispensed with

(1)

This section applies where the court exercises the power conferred by

section 8(1)(b) in proceedings relating to Ground 4A, 5G or 6 in

Schedule 2.

(2)

The court may, if it considers it just and equitable to do so—

(a)

where the proceedings relate to Ground 4A, disapply paragraph

(d) of the ground;

Page 7

(b)

where the proceedings relate to Ground 5G, disapply paragraph

(b) of the ground;

(c)

where the proceedings relate to Ground 6, disapply paragraph

(aa)(ii)(B) of the ground.

(3)

References in this section to grounds in Schedule 2 are to those grounds

read in accordance with paragraph 12 (2) of that Schedule.”

Show Explanatory Text

"Possession for anti-social behaviour: relevant factors"

Source Bill 008 EN 2024-25

84 Clause 5 adds a new paragraph (d) to subsection (2) of, and adds subsections (3), (4), and (5) to section 9A of the Housing Act 1988. This Clause amends the matters a judge must specifically consider when deciding whether to make an order for possession under the discretionary anti-social behaviour ground (14).
85 Paragraph (d) of subsection (2), requires judges to specifically consider whether the person against whom the eviction order is sought has engaged with attempts by the landlord to resolve the behaviour.
86 Subsections (3) to (5) provide that judges must give particular consideration to the impact of anti-social behaviour on fellow tenants in HMOs who share with the perpetrator accommodation or facilities within the HMO.
87 Under the current provisions of section 9A of the Housing Act 1988, judges must give specific consideration to the impact anti-social behaviour has had on victims, any continuing effect of the behaviour, and any effect the behaviour would have if it was repeated. In future, judges will also have to consider whether the perpetrator has engaged with steps taken to resolve their behaviour and the particular impact of the behaviour on fellow tenants in HMOs.

Possession for anti-social behaviour: relevant factors

In the 1988 Act, in section 9A—

(a)

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

“(d)

whether the person against whom the order is sought

has co-operated with any attempt by the landlord to

encourage the conduct to cease.”;

(b)

after subsection (2) insert—

“(3)

Where the person against whom the order is sought is a tenant

occupying an HMO, in considering effects mentioned in

subsection (2)(a) the court must have particular regard to the

effect on other occupiers who share with that person

accommodation or facilities within the HMO.

(4)

For the purposes of subsection (3) occupiers of an HMO share

accommodation or facilities if they are each entitled to use that

accommodation or those facilities under the terms of a tenancy

or licence to occupy.

(5)

In subsection (3) “HMO” has the same meaning as in Part 2 of

the Housing Act 2004 (see section 77 of that Act).”

Show Explanatory Text

"Form of notice of proceedings for possession"

Source Bill 008 EN 2024-25

88 Clause 6 inserts a new subsection (7) into section 8 of the Housing Act 1988. This provides that regulations may allow for the Secretary of State to publish the form to be used when serving notice of possession proceedings, and that the version of the form to be used is the one which has effect at the time the notice is served.
89 The addition of new subsection (7) is to allow the Government to publish updates to the forms as necessary.
90 This is a new provision which inserts new subsection (7) into section 8 of the Housing Act 1988. The forms for possession are to be used by landlords where possession of accommodation, let under an assured tenancy or an assured agricultural occupancy, is sought on one of the grounds in Schedule 2 to the Housing Act 1988. Currently, any updates to forms need to be made by statutory instrument, rather than being published.

Form of notice of proceedings for possession

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

“(7)

Regulations made under section 45(1) by virtue of subsection (3) may—

(a)

provide for the form to be published by the Secretary of State;

(b)

provide that the form to be used is the version that has effect

at the time the requirement applies.”

Rent and other terms

Show Explanatory Text

"Statutory procedure for increases of rent"

Source Bill 008 EN 2024-25

91 Clause 7 amends section 13 of the Housing Act 1988 to provide that issuing a section 13 notice will be the only valid way that a private landlord can increase the rent. The process for relevant low-cost tenancies (defined in subsection (7)(4C) and explained below) is set out in subsection (9).
92 Subsection (4) provides that the notice period for a rent increase will increase from one month to two months. Subsection (6) provides that the new rent amount will take effect two months after a section 13 notice is issued, if it is not challenged by the tenant in the Tribunal or if the landlord and the tenant agree on a different variation of rent. This variation must be lower than the rent proposed in the notice or the landlord and the tenant can agree that the rent should not be varied. The Tribunal process is set out in section 14 of the Housing Act 1988.
93 Subsection (7) inserts new subsections (4A), (4B), (4C), (4D) and (4E) into section 13 of the Housing Act 1988. Subsections (4A) and (4B) set out the circumstances in which rent can be increased within a tenancy. Rent can only be increased via a section 13 notice or if the landlord and tenant agree a lower amount than the amount proposed in the notice (but this is higher than the current rent), a determination by the Tribunal (as set out in section 14) or agreed in writing between a landlord and tenant after a Tribunal has made a determination as set out in 14ZA and 14ZB. When agreeing the rent after a Tribunal determination, the agreed rent must be lower than the determination. This does not affect the ability of landlords and tenants to vary other terms in the tenancy by agreement, including those reducing the rent.
94 New subsection (4C) of section 13 of the Housing Act 1988 contains a definition of a relevant low-cost tenancy. This subsection defines a relevant low-cost tenancy as 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. This includes tenancies of low cost rental accommodation as defined by section 69 of the Housing and Regeneration Act. Other tenancies offered by private registered providers of social housing besides assured tenancies are not included in the definition of 'relevant low-cost tenancy'. New subsections (4C(b)) and (4D) allow the Secretary of State to make regulations to include any other assured tenancy of a specified description within the definition of 'relevant low-cost tenancy'. Such regulations are subject to the negative resolution procedure.
95 Subsection (8) omits section 13(5) of the Housing Act 1988. This means that all rent increases (apart from those which meet the definition of 'relevant low-cost tenancy') must be via the statutory process. A landlord and tenant can agree to a downward variation of the rent at any time, including after the service of the section 13 notice or determination of the Tribunal.
96 Subsection (9) inserts section 13A into the Housing Act 1988. This sets out how rent will be increased for private registered providers of social housing granting an assured tenancy of social housing, defined as a 'relevant low-cost tenancy'. Landlords of relevant low-cost tenancies will be permitted to increase the rent at any point in the first 52 weeks of a tenancy, and then once every 52 weeks thereafter, and must give one month's notice. Those offering relevant low-cost tenancies will be permitted to increase the rent via a term in the tenancy agreement.
97 Subsection (9) also inserts 13B into the Housing Act 1988. The section allows a tenant under an assured tenancy to challenge the validity of a notice to increase the rent in the First-tier Tribunal, instead of in the county court. The tenant can do this at the same time as challenging the rent, although there is no requirement for the challenges to be brought at the same time. There is no requirement or power for the Secretary of State to prescribe the form which a tenant must use to make an application to the Tribunal.
98 New subsection (4C)(b) of the Housing Act 1988, inserted by subsection (7), allows the Secretary of State to specify a description of other assured tenancies that meet the definition of 'relevant low-cost tenancy'. This is to take into account changes in the regulation of rent in the social housing sector where more relevant assured tenancies may fit the definition of a relevant low-cost tenancy. The regulations will be made via the negative procedure.
99 This Clause amends section 13 of the Housing Act 1988, which sets out the process by which a landlord can issue notice to inform the tenant of a rent increase. This means that the only way private landlords (except those of a 'relevant low-cost tenancy') can increase the rent is using a section 13 notice, which gives tenants the opportunity to challenge the rent (under section 14) increase, should they believe it to be above market rate. The aim of this is to stop retaliatory rent increases being used as a route to evict tenants. Assured tenancies of social housing provided by a private registered provider can include terms to increase rents in tenancy agreements, can increase the rent at any point in the first year of a tenancy, and must give one month's notice of any rent increase.

Statutory procedure for increases of rent

(1)

Section 13 of the 1988 Act (increases of rent) is amended in accordance with

subsections (2) to (8) .

(2)

In the heading for “periodic tenancies” substitute “tenancies other than relevant

low-cost tenancies”.

Page 8

(3)

For subsection (1) substitute—

“(1)

This section applies to any assured tenancy other than a relevant

low-cost tenancy.”

(4)

In subsection (2)—

(a)

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

(b)

in paragraph (b)—

(i)

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

(ii)

after sub-paragraph (i) insert “or”;

(c)

in paragraph (c)—

(i)

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

either”;

(ii)

after sub-paragraph (i) insert “or”.

(5)

Omit subsection (3).

(6)

In subsection (4)—

(a)

in paragraph (a), for “by an application in the prescribed form refers

the notice to the appropriate tribunal” substitute “applies to the

appropriate tribunal under section 14 (A3) ;

(b)

in paragraph (b) for “variation of the rent which is different from”

substitute “new rent which is lower than”.

(7)

After subsection (4) insert—

“(4A)

The rent for a period of an assured tenancy to which this section

applies may not be greater than the rent for the previous period except

by virtue of—

(a)

a notice under this section or an agreement under subsection

(4)(b) following such a notice,

(b)

a determination under section 14, or

(c)

an agreement in writing between the landlord and the tenant

varying the rent, following a determination by the appropriate

tribunal under section 14, where the agreed rent is lower than

the rent that would be payable under section 14ZA or 14ZB as

a result of the determination;

and any provision relating to an assured tenancy to which this section

applies is of no effect so far as it provides that the rent for a particular

period of the tenancy must or may be greater than the rent for the

previous period otherwise than by virtue of a notice, determination

or agreement mentioned in this subsection.

(4B)

Except as provided by subsection (4A) , nothing in this section (or in

sections 14 to 14ZB ) limits any right of the landlord and the tenant

under an assured tenancy to which this section applies to vary any

term of the tenancy by agreement.

(4C)

In this section “relevant low-cost tenancy” means—

Page 9

(a)

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, and

(b)

any other assured tenancy of a description specified in

regulations made by the Secretary of State.

(4D)

Regulations under subsection (4C) (b) —

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(4E)

A statutory instrument containing regulations under subsection (4C) (b)

is subject to annulment in pursuance of a resolution of either House

of Parliament.”

(8)

Omit subsection (5).

(9)

After section 13 of the 1988 Act insert—

“13A

Increases of rent under relevant low-cost tenancies

(1)

This section applies to a relevant low-cost tenancy within the meaning

given by section 13 (4C) .

(2)

For the purpose of securing an increase in the rent under a tenancy

to which this section applies, the landlord may serve on the tenant a

notice in the prescribed form proposing a new rent to take effect at

the beginning of a new period of the tenancy specified in the notice,

being a period beginning not earlier than—

(a)

one month after the date of the service of the notice, and

(b)

in the case of an assured agricultural occupancy, the first

anniversary of the date on which the first period of the tenancy

began, and

(c)

if the rent under the tenancy has previously been increased by

virtue of a notice under this subsection or a determination

under section 14, either—

(i)

in the case of an assured agricultural occupancy, the

first anniversary of the date on which the increased rent

took effect, or

(ii)

in any other case, the appropriate date.

(3)

The appropriate date is—

(a)

in a case to which subsection (4) applies, the date that falls 53

weeks after the date on which the increased rent took effect;

(b)

in any other case, the date that falls 52 weeks after the date on

which the increased rent took effect.

(4)

This subsection applies where—

(a)

the rent under the tenancy has been increased by virtue of a

notice under this section or a determination under section 14

on at least one occasion after the coming into force of the

Page 10

Regulatory Reform (Assured Periodic Tenancies)(Rent Increases)

Order 2003, and

(b)

the fifty-third week after the date on which the last such

increase took effect begins more than six days before the

anniversary of the date on which the first such increase took

effect.

(5)

Where a notice is served under subsection (2) , a new rent specified in

the notice takes effect as mentioned in the notice unless, before the

beginning of the new period specified in the notice—

(a)

the tenant applies to the tribunal under section 14 (A3) , or

(b)

the landlord and the tenant agree on a variation of the rent

which is different from that proposed in the notice or agree

that the rent should not be varied.

(6)

Nothing in this section (or in section 14) affects the right of the landlord

and the tenant under a relevant low-cost tenancy within the meaning

given by section 13 (4C) to vary by agreement any term of the tenancy

(including a term relating to rent).

13B

Challenge to validity of notice to increase rent

Where a tenant under an assured tenancy makes an application to the

appropriate tribunal, the tribunal may determine whether a notice

served on the tenant under section 13(2) or 13A(2) is valid.”

Show Explanatory Text

"Challenging amount or increase of rent"

Source Bill 008 EN 2024-25

100 Clause 8 amends section 14 of the Housing Act 1988. The amended sections sets out the circumstances in which a tenant can submit an application to the Tribunal, to challenge the rent amount in the first six months of a tenancy (with similar effect to the existing mechanisms provided for by section 22 of the Housing Act 1988) or following a section 13 rent increase notice.
101 Unlike the previous provisions for challenging a rent increase or the rent amount in the first six months of the tenancy, the amended section does not require the Secretary of State to prescribe by regulations the form which must be used to make an application to the Tribunal.
102 New subsection (A2) of section 14 provides that no application may be made to the Tribunal under new subsection (A1) to challenge the initial rent payable under the tenancy if the Tribunal has already made a decision on this, or if more than six months have passed since the beginning of the tenancy. All tenants under assured tenancies are nevertheless able to challenge a rent increase undertaken via the section 13 process under new subsection (A3). Tenants of relevant low-cost tenancies are not able to challenge the rent amount in the first 6 months of a tenancy.
103 Subsection (7) omits subsection 14(6) of the Housing Act 1988 which refers to the section 6 process of varying terms of a tenancy and is being repealed by the Bill. It also omits subsection 14(7) of the Housing Act 1988. The omission results in the removal of the provision for the Tribunal to determine when the new rent will take effect. This is replaced by new section 14ZB (Effect of determination: proposed new rent) as set out below.
104 Subsection (10) inserts sections 14ZA (Effect of determination: rent payable) and 14ZB (Effect of determination: proposed new rent) into the Housing Act 1988. These sections outline the processes the Tribunal is to follow where a tenant has challenged the rent in the first 6 months of the tenancy (new section 14ZA) and where the tenant is challenging a rent increase as set out in section 13 of the 1988 Housing Act (new section 14ZB).
105 Section 14ZA applies when the Tribunal makes a determination of the open-market rent when a tenant has challenged the rent amount in the first six months of the tenancy. The section provides that the new rent amount will be the lower of the determined open-market rent and the rent payable under the tenancy immediately before the Tribunal's determination of the open-market rent. The rent payable will be the new rent plus any appropriate amount for rates and takes effect from the date the Tribunal directs. This must not, however, be earlier than the date of application to the Tribunal. Nothing in this section stops the landlord and tenant agreeing to a lower amount than the Tribunal determines but this should be agreed by the tenant and landlord in writing.
106 Section 14ZB applies when the Tribunal makes a determination of the open-market rent when the tenant is challenging a section 13 rent increase under section 14(A3). The section provides that the new rent amount will be the lower of the determined open-market rent and the proposed rent in the section 13 notice. The rent payable will be the new rent plus any appropriate amount for rates and generally takes effect from the date of the determination, or the start of the next rent period after that if different.
107 If it appears to the Tribunal that that would cause undue hardship to the tenant, the new rent will take effect from a date that the Tribunal directs. This must not, however, be later than 2 months beginning with the date of determination from the Tribunal. Where the landlord has served a section 13 notice, the tenant and landlord can agree to a variation in rent before the Tribunal has made a determination. This can be higher than the current rent but must be the same or below the rent specified in the section 13 notice. As set out in 13(4A)(c) the landlord and tenant can agree a lower rent than the new rent amount resulting from the Tribunal's determination (which may be higher than the original rent or proposed rent increase) and this must be agreed in writing.
108 Section 14 (determination of rent by tribunal) of the Housing Act 1988 sets out how rent can be challenged in the Tribunal. The Tribunal will assess the proposed rent against what the landlord could expect to receive if letting to a new tenant on the open market. The Tribunal may determine that this is the same as or lower than the proposed rent in the section 13 notice. The landlord and tenant can agree in writing to a lower rent than what the Tribunal has determined but higher than the current rent. The ability to challenge a rent amount in the first six months of a tenancy has similar effect to the existing provisions of section 22 of the Housing Act 1988.
109 A tenant can use the forms published by the Tribunal for the purpose of making an application to challenge a section 13 rent increase notice, or to challenge a rent amount in the first six months of the tenancy. The Secretary of State had previously prescribed and published forms for these purposes assured tenancy forms 6 and 7. These will be withdrawn by statutory instrument. This change will support the aim of encouraging applicants to use the Tribunal's forms for making an application to the Tribunal, and all the forms used to make an application to the Tribunal will be published in the same place.

Challenging amount or increase of rent

(1)

Section 14 of the 1988 Act (determination of rent by tribunal) is amended in

accordance with subsections (3) to (9) .

(2)

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

(3)

Before subsection (1) insert—

“(A1)

A tenant under an assured tenancy other than a relevant low-cost

tenancy may make an application to the appropriate tribunal for the

purpose of challenging the rent payable under the tenancy.

(A2)

No application may be made under subsection (A1) if—

(a)

the rent payable under the tenancy is pursuant to a previous

determination under this section, or

(b)

more than six months have elapsed since the beginning of the

tenancy.

(A3)

A tenant under any assured tenancy may make an application to the

appropriate tribunal for the purpose of challenging a new rent

proposed in a notice under section 13(2) or 13A (2) .”

(4)

In subsection (1)—

Page 11

(a)

for the words from the beginning to “that section,” substitute “Where

an application is made under subsection (A1) or (A3) ,”;

(b)

for paragraphs (a) and (b) substitute—

“(a)

which has the same periods as those of the tenancy to

which the application relates;

(b)

which begins—

(i)

in the case of an application under subsection

(A1) , on the date of the application;

(ii)

in the case of an application under subsection

(A3) , at the beginning of the new period

specified in the notice; and”;

(c)

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

(d)

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

(5)

In subsection (3)—

(a)

in the words before paragraph (a)—

(i)

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

(ii)

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

“application”;

(b)

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

application”.

(6)

In subsection (3A)—

(a)

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

substitute “of the application”;

(b)

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

was made”.

(7)

Omit subsections (6) and (7).

(8)

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

(9)

Omit subsection (9).

(10)

After section 14 of the 1988 Act insert—

“14ZA

Effect of determination: rent payable

(1)

This section applies where the appropriate tribunal makes a

determination on an application under section 14 (A1) in relation to a

tenancy.

(2)

The rent payable under the tenancy following the determination is—

(a)

the new rent amount, and

(b)

the appropriate amount (if any) in respect of rates.

(3)

The rent payable under the tenancy following the determination takes

effect from the date that the appropriate tribunal directs.

(4)

The new rent amount is—

Page 12

(a)

the open-market rent, if lower than the tenancy rent, and

(b)

otherwise, the tenancy rent.

(5)

The date must not be earlier than the date of the application.

(6)

In this section—

“the appropriate amount in respect of rates” means the amount

of rent attributable to any rates borne as mentioned in section

14(5);

“the open-market rent” means the amount of rent determined by

the appropriate tribunal on the application, in accordance with

section 14(1);

“the tenancy rent” means the rent payable under the tenancy

immediately before the determination is made, excluding the

appropriate amount in respect of rates (if any).

14ZB

Effect of determination: proposed new rent

(1)

This section applies where the appropriate tribunal makes a

determination on an application under section 14 (A3) in relation to a

tenancy.

(2)

The rent payable under the tenancy following the determination is—

(a)

the new rent amount, and

(b)

the appropriate amount (if any) in respect of rates.

(3)

The rent payable under the tenancy following the determination takes

effect from—

(a)

the beginning of the new period specified in the notice under

section 13(2) or 13A(2), if that date is on or after the date of

the determination,

(b)

the beginning of the first new period of the tenancy which

begins on or after the date of the determination, if the beginning

of the new period specified in the notice under section 13(2)

or 13A(2) is before the date of the determination, or

(c)

if it appears to the tribunal that applying paragraph (a) or (b)

would cause undue hardship to the tenant, a date that the

appropriate tribunal directs.

(4)

A date specified under subsection (3) (c) must fall before the end of

the period of two months beginning with the date of the determination.

(5)

The new rent amount is—

(a)

the open-market rent, if lower than the proposed rent, and

(b)

otherwise, the proposed rent.

(6)

In this section—

“the appropriate amount in respect of rates” has the meaning

given by section 14ZA (6) ;

Page 13

“the open-market rent” has the meaning given by section 14ZA (6) ;

“the proposed rent” means the amount of rent specified in the

notice under section 13(2) or 13A(2), excluding the appropriate

amount in respect of rates (if any).”

(11)

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

Show Explanatory Text

"Repayment of rent paid in advance"

Source Bill 008 EN 2024-25

110 Clause 9 inserts new section 14ZC into the Housing Act 1988. This Clause will allow tenants to be repaid rent that they have paid in advance when the tenancy ends before the period for which they have paid has expired.
111 This Clause entitles tenants to a refund of rent paid in advance where the tenancy has ended earlier than the period that has already been paid for. This includes where the tenant may have paid multiple months of rent in advance and applies regardless of how the tenancy came to an end. This Clause does not restrict landlords from requesting rent in advance.

Repayment of rent paid in advance

In the 1988 Act, after section 14ZB (inserted by section 8 of this Act) insert—

“14ZC

Repayment of rent paid in advance

(1)

A person who paid rent in advance as a tenant under an assured

tenancy is entitled to be repaid any part of that rent that relates to

days falling after the end of the tenancy.

(2)

Subsection (1) does not affect any other entitlement to payment arising

at the end of an assured tenancy.”

Show Explanatory Text

"Right to request permission to keep a pet"

Source Bill 008 EN 2024-25

112 Clause 10 adds three new sections, 16A, 16B and 16C, to the Housing Act 1988.
113 Section 16A (Requesting consent to keep a pet) makes it an implied term of every assured tenancy except those listed in subsection (6) that a tenant may keep a pet with the landlord's consent unless the landlord reasonably refuses. Section 16A also sets out that a landlord must respond to a written request from the tenant within 28 days.
114 Subsection 16A(6) sets out that this provision does not apply to tenancies of social housing.
115 Subsection 16B(3) provides that the tenant's request must be made in writing and include a description of the pet sought.
116 Subsection 16B(4) provides that it is reasonable for a landlord to refuse where accepting a pet would breach an agreement with a superior landlord.
117 Subsection 16B(5) permits the court to order specific performance of the obligation not to unreasonably refuse a pet if the landlord breaches the implied term.
118 Section 16C (Indemnity and insurance for pets) provides for when a landlord is allowed to require that insurance to cover damage by a pet is purchased. Either the tenant can purchase it, or the landlord can. Where the landlord has taken out the insurance, it provides that the landlord can recoup the reasonable costs of maintaining this insurance, including the premium for a policy that covers only pet damage and any excess fees, from the tenant.
119 Subsection 16C(2) inserts a provision to define 'pet' and 'pet damage' to section 45 (1) of the Housing Act 1988.
120 This Clause adds new provision to the Housing Act 1988 to strengthen tenants' rights to keep a pet in their home, which has previously been at the landlord's discretion. This includes a new legal obligation for landlords to consider requests to keep a pet, whilst providing a route for landlords to refuse requests to keep a pet when they can give a reasonable justification for why it would not be suitable. Allowing landlords to require insurance to cover pet damage is also a new provision.

Right to request permission to keep a pet

(1)

In the 1988 Act, after section 16 insert—

“16A

Requesting consent to keep a pet

(1)

It is an implied term of every assured tenancy to which this section

applies that—

(a)

a tenant may keep a pet at the dwelling-house if the tenant

asks to do so in accordance with this section and the landlord

consents;

(b)

such consent is not to be unreasonably refused by the landlord;

(c)

the landlord is to give or refuse consent in writing on or before

the 28th day after the date of the request, except as provided

by subsections (2) to (5) .

(2)

Where the landlord reasonably requests further information from the

tenant about the pet on or before the 28th day after the date of the

tenant's request—

(a)

if the tenant provides that information, the landlord may delay

giving or refusing consent until the 7th day after the date on

which the tenant provides any further information that the

landlord requests;

(b)

if the tenant does not provide that information, the landlord

is not required to give or refuse consent.

(3)

Where—

(a)

the keeping of the pet at the dwelling-house would require the

landlord to obtain the consent of a superior landlord under

the terms of a superior tenancy, and

Page 14

(b)

the landlord seeks the consent of the superior landlord on or

before the 28th day after the date of the tenant’s request,

the landlord may delay giving or refusing consent until the 7th day

after the date on which the landlord receives consent or refusal from

the superior landlord.

(4)

Where the landlord and the tenant agree that the landlord may delay

giving or refusing consent, the landlord may delay until whatever

date is agreed between the landlord and the tenant.

(5)

Where more than one of subsections (2) to (4) apply, the landlord may

delay until the latest date to which the landlord may delay giving or

refusing consent under any of the subsections.

(6)

This section applies to every assured tenancy other than a tenancy of

social housing, within the meaning of Part 2 of the Housing and

Regeneration Act 2008.

16B

Requests for consent to keep a pet: further provision

(1)

For the purposes of section 16A , a tenant keeps a pet at a

dwelling-house if the tenant permits the pet to live at the

dwelling-house (whether or not the tenant is the owner of the pet).

(2)

Section 16A does not limit the terms that may be agreed in relation

to the presence at the dwelling-house of pets which do not live there.

(3)

The tenant’s request under section 16A must—

(a)

be in writing;

(b)

include a description of the pet for which consent is sought.

(4)

The circumstances in which it is reasonable for a landlord to refuse

consent include those in which—

(a)

the pet being kept at the dwelling-house would cause the

landlord to be in breach of an agreement with a superior

landlord;

(b)

an agreement between the landlord and a superior landlord

prohibits the keeping of a pet at the dwelling-house without

consent of the superior landlord, and the landlord has taken

reasonable steps to obtain that consent but the superior landlord

has not given it.

(5)

In proceedings in which a tenant alleges that the landlord has breached

the implied term created by section 16A , the court may order specific

performance of the obligation.

16C

Indemnity and insurance for pets

(1)

It is an implied term of every assured tenancy to which section 16A

applies that if, at the time of consenting to the tenant keeping a pet,

Page 15

the landlord informs the tenant in writing that one of the following

is a condition of the consent—

(a)

that, in respect of the time the pet is at the dwelling-house, the

tenant has insurance that covers the risk of pet damage to a

level that is reasonable having regard to the pet and the

dwelling-house in question, or

(b)

that the tenant pay the landlord’s reasonable costs of having

insurance that covers the risk of pet damage in respect of the

time the pet is at the dwelling-house to a level that is

reasonable having regard to the pet and the dwelling-house in

question,

then the tenant must comply with that condition.

(2)

The reasonable costs referred to in subsection (1) (b) —

(a)

may be the amount of—

(i)

the premium for an insurance policy that covers only

pet damage, or

(ii)

an additional premium attributable to the pet damage

element of an insurance policy that covers other risks

as well;

(b)

if the premium under the insurance policy relates to a fixed

period and it was reasonable for the landlord to choose that

policy, may include any such premium payable by the landlord

in respect of a time when the pet has not yet arrived at the

dwelling-house or is no longer at the dwelling-house;

(c)

may include any such premium payable by the landlord in

respect of a time when the pet is no longer at the

dwelling-house, if the tenant had not informed the landlord

that the pet is no longer at the dwelling-house;

(d)

may include any excess payable by the landlord under the

insurance policy.”

(2)

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

““pet” means an animal kept by a person mainly for—

(a)

personal interest,

(b)

companionship,

(c)

ornamental purposes, or

(d)

any combination of paragraphs (a) to (c);

“pet damage” , in relation to an assured tenancy of a dwelling-house,

means any damage that the tenant’s pet causes to—

(a)

the dwelling-house or any of the common parts, where

“common parts” has the same meaning as in Ground 13 in Part

2 of Schedule 2, or

(b)

any of the landlord’s property that is in those places;”

Page 16

Show Explanatory Text

"Pet insurance"

Source Bill 008 EN 2024-25

121 Clause 11 amends section 1(4) (permitted contractual arrangements) of the Tenant Fees Act 2019 to allow landlords to require a tenant keeping a pet to enter into a contract with an insurance company to cover pet damage. It also inserts a new permitted payment into Schedule 1 of the Tenant Fees Act 2019 so that landlords can charge tenants reasonable costs incurred by the landlord for having insurance covering pet damage.
122 Under section 1(3) of the Tenant Fees Act 2019, landlords cannot require tenants to enter into contracts with third parties in respect of their home unless an exemption in section 1(4) applies. The Bill amends section 1(4) to make insurance contracts obtained by the tenant at the landlord's request a further exemption. Currently, pet insurance costs incurred by the landlord are not a permitted payment under Schedule 1 of the Tenant Fees Act 2019. Via clause 11 (3) changes are being made to Schedule 1 to enable such costs to be permitted payments recoverable by the landlord from the tenant.

Pet insurance

(1)

The Tenant Fees Act 2019 is amended as follows.

(2)

In section 1(4) (permitted contractual arrangements)—

(a)

omit the “or” at the end of paragraph (a);

(b)

after “tenant” in paragraph (b), insert “, or

“(c)

insurance required under section 16C(1)(a) of the

Housing Act 1988 (insurance where landlord consents

to keeping of a pet).”

(3)

In Schedule 1 (permitted payments), after paragraph 11 insert—

“Payment in respect of pet insurance

A payment is a permitted payment if it is required under section

16C(1)(b) of the Housing Act 1988 (reasonable costs of landlord

having insurance where landlord consents to keeping of a pet).”

Duties of landlords etc

Show Explanatory Text

"Duty of landlord and contractor to give statement of terms etc"

Source Bill 008 EN 2024-25

123 Clause 12 inserts section 16D (Duty of landlord and contractor to give statement of terms etc) into the Housing Act 1988. This section places a duty on landlords and any contractors responsible for compliance with this section, such as letting agents, to provide the tenant with a written statement of terms and information before the tenancy is entered into. This section applies to an assured tenancy other than a tenancy granted by implication, after an implied surrender of a previous tenancy between the same parties, where the implied surrender and grant result from an agreement to vary the terms of the previous tenancy. If the tenancy arose by succession under the Rent Act 1977 or Rent (Agriculture) Act 1976, or is an assured agricultural occupancy, the requirement must be met within 28 days of the landlord acknowledging the tenancy.
124 Landlords must state in the written statement of terms where they may wish to use any of the 'prior notice' grounds for possession which are 1B, 2ZA, 2ZB, 2ZC, 2ZD, 4, 5 to 5H, or 18 in Schedule 2. It also allows for the Secretary of State to make regulations to specify which terms and information are required in writing at the start of a tenancy.
125 The provision in new section 16D(2) of the Housing Act 1988 will allow the Secretary of State to set out in regulations specified terms or information that must be provided in writing as part of the written statement. This will enable Government to reflect future changes to regulation of the private rented sector and allow further consultation on the details of which terms are necessary. Regulations will be subject to the negative procedure.
126 This is a new duty being added to the Housing Act 1988 to require landlords and any contractors responsible for compliance with this section, such as letting agents, to provide a written statement setting out basic information about the tenancy and both parties' responsibilities. The intention in mandating written statements is to help avoid and resolve disputes, and provide evidence if disputes go to court. Landlords who include 'prior notice' possession grounds will warn tenants that they may be evicted under specified circumstances.

Duty of landlord and contractor to give statement of terms etc

In the 1988 Act, after section 16C (inserted by section 10 of this Act) insert—

“Duties of landlords and persons acting on their behalf

16D

Duty of landlord and contractor to give statement of terms etc

(1)

This section applies to an assured tenancy other than a tenancy granted

by implication, after an implied surrender of a previous tenancy

between the same parties, where the implied surrender and grant

result from an agreement to vary the terms of the previous tenancy.

(2)

The landlord under a tenancy to which this section applies must give

the tenant a written statement of—

(a)

such terms of the tenancy as are specified in regulations made

by the Secretary of State, whether in the form of an agreement

in writing between the landlord and tenant or a record of terms

otherwise agreed, and

(b)

any other information in writing about any of the following

which is required to be given by regulations made by the

Secretary of State—

(i)

the tenancy;

(ii)

the dwelling-house let on the tenancy;

(iii)

the tenant;

(iv)

the landlord;

(v)

the rights of the landlord or the tenant in relation to

the tenancy or the dwelling-house let on it.

Page 17

(3)

The landlord may include in a statement under subsection (2) a

statement of the landlord’s wish to be able to recover possession on

one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H or 18 in Schedule

2 (for the consequences of specifying a ground mentioned in this

subsection in a notice under section 8 where no statement under this

subsection is so included, see section 16E (1) (f) and section 16I (1) (a) ).

(4)

Subject to subsection (5) , the statement under subsection (2) must be

given before the tenancy is entered into.

(5)

Where a tenancy to which this section applies—

(a)

arises by succession as mentioned in section 39(5), or

(b)

is an assured agricultural occupancy in respect of which the

agricultural worker condition is fulfilled by virtue of paragraph

3 of Schedule 3,

the statement under subsection (2) must be given within the period

of 28 days beginning with the date on which the landlord

acknowledges the tenant’s right to a tenancy.

(6)

Where a landlord has entered into a contract with a person which

requires that person to ensure compliance with this section (whether

or not this section is referred to individually), subsection (2) also

applies to that person, as it applies to the landlord.

(7)

Regulations under this section—

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(8)

A statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.”

Show Explanatory Text

"Other duties"

Source Bill 008 EN 2024-25

127 Clause 13 inserts new sections 16E (Other duties)

Other duties

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

“16E

Other duties

(1)

A relevant person must not, in relation to an assured tenancy—

(a)

purport to let a dwelling-house on the tenancy for a fixed term

(see section 4A),

(b)

purport to bring the tenancy to an end by service of a notice

to quit (see section 5(1)),

(c)

purport to bring the tenancy to an end, or require that it is

brought to an end, orally,

(d)

serve on the tenant a purported notice of possession,

(e)

rely on a ground in Schedule 2 where the person does not

reasonably believe that the landlord is, will or may be able to

obtain an order for possession on that ground, or

Page 18

(f)

where the tenancy is one to which section 16D applies, rely on

one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H or 18 in

Schedule 2 if no statement was given to the tenant under

section 16D (3) in respect of them.

(2)

Subject to section 16F , where a relevant person relies on Ground 1 or

1A in Schedule 2 in relation to an assured tenancy, the landlord must

not, within the restricted period—

(a)

let the dwelling-house on a tenancy for a term of 21 years or

less, or

(b)

permit a person to occupy the dwelling-house—

(i)

under a licence to occupy, and

(ii)

for monetary consideration.

(3)

Subject to section 16F , where a relevant person relies on Ground 1 or

1A in Schedule 2 in relation to an assured tenancy, a relevant person

in relation to that tenancy must not—

(a)

within the restricted period, market the dwelling-house to let

on a tenancy for a term of 21 years or less,

(b)

within the restricted period, market the dwelling-house to be

occupied—

(i)

under a licence to occupy, and

(ii)

for monetary consideration,

(c)

authorise another person to market the dwelling-house to let

on a tenancy for a term of 21 years or less, so far as the

authorisation would allow that other person to market it within

the restricted period, or

(d)

authorise another person to market the dwelling-house to be

occupied—

(i)

under a licence to occupy, and

(ii)

for monetary consideration,

so far as the authorisation would allow that other person to

market it within the restricted period.

(4)

Where a prohibition in subsection (2) or (3) applies to a person, it

continues to apply to that person until the end of the restricted period,

whether or not the tenancy continues during that period.

(5)

A breach of subsection (1) (f) does not prevent a court from making

an order for possession of the dwelling-house on the ground in

question (but see section 16I (1) (a) ).

16F

Exceptions from letting and marketing prohibitions

(1)

Section 16E (2) (prohibition on letting and licensing within restricted

period) does not apply where—

(a)

the relevant person relies on Ground 1 and—

Page 19

(i)

the tenant or licensee is a person mentioned in

paragraphs (a) to (d) of that ground, or

(ii)

a person mentioned in paragraphs (a) to (d) of Ground

1 also occupies the dwelling-house and does so as their

only or principal home;

(b)

the relevant person relies on Ground 1A and—

(i)

the licensee has agreed to purchase the landlord’s

interest in the dwelling-house and the licence to occupy

is granted in anticipation of that purchase, or

(ii)

the licensee has agreed to the landlord granting the

licensee 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, and the licence to occupy is granted in

anticipation of the grant of that lease.

(2)

Section 16E (3) (prohibition on marketing within restricted period) does

not apply where the marketing is in connection with letting, or

occupation under a licence, which is permitted as a result of subsection

(1) .

16G

Interpretation of terms related to marketing in section

(1)

For the purposes of section 16E a person markets a dwelling-house to

let on a tenancy when—

(a)

the person advertises that the dwelling-house is or may be

available to let on a tenancy, or

(b)

in the course of lettings agency work, the person informs any

other person that the dwelling is or may be so available.

(2)

For the purposes of section 16E a person markets a dwelling-house to

be occupied under a licence when—

(a)

the person advertises that the dwelling-house is or may be

available to be occupied under a licence, or

(b)

in the course of lettings agency work, the person informs any

other person that the dwelling is or may be so available.

(3)

But subsections (1)(a) and (2) (a) do 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.

(4)

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)

a person (“a prospective landlord”) seeking to find another

person to occupy a dwelling-house, or

(b)

a person (“a prospective occupier”) seeking to find a

dwelling-house to occupy.

Page 20

(5)

However, “lettings agency work” does not include any of the following

things when done by a person who does nothing else within subsection

(4) —

(a)

publishing advertisements or disseminating information;

(b)

providing a means by which a prospective landlord or a

prospective occupier can, in response to an advertisement or

dissemination of information, make direct contact with a

prospective occupier or prospective landlord;

(c)

providing a means by which a prospective landlord and a

prospective occupier can communicate directly with each other.

(6)

“Lettings agency work” also does not include 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.

(7)

Regulations under this section—

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(8)

A statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.”

Landlords acting through others

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

“16H

Landlords acting through others

Nothing in section 16D or 16E prevents a landlord from fulfilling or

contravening an obligation through another person acting on their

behalf.”

Landlords etc: financial penalties and offences

Landlords etc: financial penalties and offences

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

“Landlords etc: financial penalties and offences

16I

Financial penalties

(1)

A local housing authority may impose a financial penalty on a person

if satisfied beyond reasonable doubt—

(a)

that the person contravened section 16D or any paragraph of

section 16E (1) other than paragraph (e) , or

(b)

that—

(i)

the person contravened paragraph (e) of section 16E (1)

, and

Page 21

(ii)

the tenant surrendered the tenancy within the period

of four months beginning with the date of the

contravention, without an order for possession of the

dwelling-house being made.

(2)

Where a landlord fulfils the requirement in section 16D , a local housing

authority may not impose a financial penalty on a person who

contravenes section 16D only by virtue of subsection (6) of that section.

(3)

More than one penalty may be imposed on the same person in relation

to a contravention of section 16D only if—

(a)

the contravention continues after the end of 28 days beginning

with the day after that on which the previous penalty for the

contravention was imposed, unless the person appeals against

the decision to impose the penalty within that period, or

(b)

if the person appeals against that decision within that period,

the contravention continues after the end of 28 days beginning

with the day after that on which the appeal is finally

determined, withdrawn or abandoned.

(4)

Subsection (3) does not enable a penalty to be imposed after the final

notice in respect of the previous penalty has been withdrawn or

quashed on appeal.

(5)

Where a local housing authority has imposed a financial penalty on

a person in relation to a contravention of paragraph (b) or (d) of section

16E (1) , the local housing authority may not impose a financial penalty

in relation to a contravention of the other of those two paragraphs

arising from the same conduct.

(6)

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.

(7)

Where—

(a)

a local housing authority is satisfied as mentioned in subsection

(1) in relation to two or more persons, and

(b)

the contraventions 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 local housing authority may impose a financial penalty under this

section 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.

(8)

No financial penalty may be imposed under this section in respect of

any conduct if—

(a)

the person has been convicted of an offence under section 16J

in respect of the conduct,

Page 22

(b)

criminal proceedings under that section have been instituted

against the person in respect of the conduct and the proceedings

have not been concluded,

(c)

criminal proceedings under that section in respect of the

conduct have been concluded and the person has not been

convicted of the offence, or

(d)

a financial penalty has been imposed under section 16K in

respect of that conduct.

(9)

The Secretary of State may give guidance to local housing authorities

about the exercise of their functions under this section.

(10)

Local housing authorities must have regard to any guidance issued

under subsection (9) .

(11)

For the purposes of this section and section 16J —

(a)

a financial penalty is imposed under this section or section 16K

on the date specified in the final notice as the date on which

the notice is given, and

(b)

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

2ZA .

16J

Offences

(1)

A relevant person is guilty of an offence if, in relation to an assured

tenancy—

(a)

the person relies on a ground in Schedule 2, knowing that the

landlord would not be able to obtain an order for possession

on that ground, or being reckless as to whether the landlord

would be able to do so, and

(b)

the tenant surrenders the tenancy within the period of four

months beginning with the date the ground was relied on,

without an order for possession of the dwelling-house being

made.

(2)

A person is guilty of an offence if the person contravenes section

16E (2) or (3) but it is a defence for a person who contravenes section

16E (3) otherwise than as a landlord to show that they took all

reasonable steps to avoid contravening it.

(3)

A person is guilty of an offence if—

(a)

a relevant penalty has been imposed on the person and the

final notice imposing the penalty has not been withdrawn, and

(b)

the conduct in respect of which the penalty was imposed

continues after the end of the period of 28 days beginning

with—

(i)

the day after that on which the penalty was imposed

on the person, or

Page 23

(ii)

if the person appeals against the final notice in respect

of the penalty within that period, the day after that on

which the appeal is finally determined, withdrawn or

abandoned.

(4)

A person is guilty of an offence if—

(a)

the person conducts themselves in a manner giving rise to

liability to a financial penalty under section 16I , and

(b)

within the period of five years ending with the day on which

the conduct occurs—

(i)

a relevant penalty has been imposed on the person for

different conduct and the final notice imposing the

penalty has not been withdrawn, or

(ii)

the person has been convicted of an offence under this

section for different conduct.

(5)

In subsections (3) and (4) “relevant penalty” means a financial penalty

which is imposed under section 16I or 16K where—

(a)

the period for bringing an appeal against the penalty

under paragraph 10 (2) of Schedule 2ZA has expired without

an appeal being brought,

(b)

an appeal against the financial penalty under that paragraph

has been withdrawn or abandoned, or

(c)

the final notice imposing the penalty has been confirmed or

varied on appeal.

(6)

A person may not be convicted of an offence under subsection (1) , (2)

or (4) in respect of any conduct if a financial penalty has been imposed

under section 16I or 16K in respect of that conduct.

(7)

Where an offence under this section committed by a body corporate

is proved to have been committed with the consent or connivance 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.

(8)

Where an offence under subsection (2) committed by a body corporate

is proved 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.

(9)

Where the affairs of a body corporate are managed by its members,

subsections (7) and (8) apply 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.

(10)

A person guilty of an offence under this section is liable on summary

conviction to a fine.

Page 24

16K

Financial penalties as an alternative to prosecution under section

(1)

A local housing authority may impose a financial penalty on a person

if satisfied beyond reasonable doubt that the person is guilty of an

offence under section 16J .

(2)

No financial penalty may be imposed under this section in respect of

any conduct if—

(a)

the person has been convicted of an offence under section 16J

in respect of the conduct,

(b)

criminal proceedings under that section in respect of the

conduct have been instituted against the person and the

proceedings have not been concluded, or

(c)

criminal proceedings under that section in respect of the

conduct have been concluded and the person has not been

convicted of the offence.

(3)

The amount of a financial penalty imposed under this section is to be

determined by the authority imposing it, but must not be more than

£40,000.

(4)

Where—

(a)

a local housing authority is satisfied as mentioned in subsection

(1) in relation to two or more persons, and

(b)

the offences 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 local housing authority may impose a financial penalty under this

section 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.

(5)

The Secretary of State may give guidance to local housing authorities

about the exercise of their functions under this section.

(6)

Local housing authorities must have regard to any guidance issued

under subsection (5) .

16L

Financial penalties: supplementary and interpretation

(1)

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 local housing

authority in respect of the local housing authority’s functions under or by

virtue of sections 16I to 16K .

(2)

The Secretary of State may by regulations amend the amount specified

in section 16I (6) or 16K (3) to reflect changes in the value of money.

(3)

Regulations under this section are to be made by statutory instrument.

Page 25

(4)

A statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.

(5)

Schedule 2ZA makes provision about—

(a)

the procedure for imposing financial penalties under sections

16I and 16K ,

(b)

appeals against financial penalties under sections 16I and 16K ,

(c)

enforcement of financial penalties under sections 16I and 16K

, and

(d)

how local housing authorities are to deal with the proceeds of

financial penalties under sections 16I and 16K .”

Financial penalties: procedure, appeals and enforcement

In the 1988 Act, after Schedule 2 insert—

“Schedule 2ZA

section 16L

Financial penalties under sections

Notice of intent

Before imposing a financial penalty on a person under section 16I

or 16K a local housing authority must give the person notice of its

proposal to do so (a “notice of intent”).

(1)

The notice of intent must be given before the end of the period of

6 months beginning with the first day on which the authority has

sufficient evidence of the conduct to which the financial penalty

relates.

(2)

But if the person is continuing to engage in the conduct on that

day, and the conduct continues beyond the end of that day, the

notice of intent may be given—

(a)

at any time when the conduct is continuing, or

(b)

within the period of 6 months beginning with the last day

on which the conduct occurs.

The notice of intent must set out—

(a)

the date on which the notice of intent is given,

(b)

the amount of the proposed financial penalty,

(c)

the reasons for proposing to impose the financial penalty,

and

(d)

information about the right to make representations under

paragraph 4 .

Page 26

Right to make representations

(1)

A person who is given a notice of intent may make written

representations to the local housing authority about the proposal

to impose a financial penalty.

(2)

Any representations must be made within the period of 28 days

beginning with the day after that on which the notice was given

(“the period for representations”).

Final notice

After the end of the period for representations the local housing

authority must—

(a)

decide whether to impose a financial penalty on the person,

and

(b)

if it decides to impose a financial penalty, decide the amount

of the penalty.

If the authority decides to impose a financial penalty on the person,

it must give the person a notice (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—

(a)

the date on which the final notice is given,

(b)

the amount of the financial penalty,

(c)

the reasons for imposing the penalty,

(d)

information about how to pay the penalty,

(e)

the period for payment of the penalty,

(f)

information about rights of appeal, and

(g)

the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

(1)

A local housing authority may at any time—

(a)

withdraw a notice of intent or final notice, or

(b)

reduce the amount specified in a notice of intent or final

notice.

(2)

The power in sub-paragraph (1) is to be exercised by giving notice

in writing to the person to whom the notice was given.

Appeals

(1)

A person to whom a final notice is given may appeal to the First-tier

Tribunal against—

Page 27

(a)

the decision to impose the penalty, or

(b)

the amount of the penalty.

(2)

An appeal under this paragraph must be brought within the period

of 28 days beginning with the day after that on which the final

notice was given.

(3)

If a person appeals under this paragraph, the final notice is

suspended until the appeal is finally determined, withdrawn or

abandoned.

(4)

An appeal under this paragraph—

(a)

is to be a re-hearing of the local housing authority’s decision,

but

(b)

may be determined having regard to matters of which the

authority was unaware.

(5)

On an appeal under this paragraph the First-tier Tribunal may

confirm, vary or cancel the final notice.

(6)

The final notice may not be varied under sub-paragraph (5) so as

to make it impose a financial penalty of more than the local housing

authority could have imposed.

Recovery of financial penalty

(1)

This paragraph applies if a person fails to pay the whole or any

part of a financial penalty which, in accordance with this Schedule,

the person is liable to pay.

(2)

The local housing authority which imposed the financial penalty

may recover the whole or part of the penalty on the order of the

county court as if it were payable under an order of that court.

(3)

In proceedings before the county court for the recovery of a financial

penalty or part of a financial penalty, a certificate which is—

(a)

signed by the chief finance officer of the local housing

authority which imposed the penalty, and

(b)

states that the amount due has not been received by a date

specified in the certificate,

is conclusive evidence of that fact.

(4)

A certificate to that effect and purporting to be so signed is to be

treated as being so signed unless the contrary is proved.

(5)

In this paragraph “chief finance officer” has the same meaning as

in section 5 of the Local Government and Housing Act 1989.

Proceeds of financial penalties

Where a local housing authority imposes a financial penalty under

this Act, it may apply the proceeds towards meeting the costs and

expenses (whether administrative or legal) incurred in, or associated

Page 28

with, carrying out any of its enforcement functions under this Act

or otherwise in relation to the private rented sector.

Any proceeds of a financial penalty imposed under this Act which are not

applied in accordance with paragraph 12 must be paid to the Secretary of

State.

(1)

In paragraph 12 , enforcement functions “in relation to the private

rented sector” means enforcement functions relating to—

(a)

residential premises in England that are let, or intended to

be let, under a tenancy,

(b)

the common parts of such premises,

(c)

the activities of a landlord under a tenancy of residential

premises in England,

(d)

the activities of a superior landlord in relation to such a

tenancy,

(e)

the activities of a person carrying on English letting agency

work within the meaning of section 54 of the Housing and

Planning Act 2016 in relation to such premises, or

(f)

the activities of a person carrying on English property

management work within the meaning of section 55 of the

Housing and Planning Act 2016 in relation to such premises.

(2)

For the purposes of this paragraph “residential premises” has the

meaning given by section 1 of the Housing Act 2004 except that it

does not include social housing within the meaning of Part 2 of the

Housing and Regeneration Act 2008.

(3)

For the purposes of this paragraph “tenancy” includes a licence to

occupy.”

Landlords etc: supplementary

Duties of landlords etc, penalties and offences: interpretation

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

“Duties of landlords etc, penalties and offences: interpretation

16M

Duties of landlords etc, penalties and offences: interpretation

(1)

In sections 16D to 16L , Schedule 2ZA and this section—

“legal representative” means a person carrying on a legal activity,

within the meaning of the Legal Services Act 2007, in the course

of a business, where the person—

(a)

is an authorised person in relation to a reserved legal

activity for the purposes of that Act, or

(b)

is of a description specified for the purposes of this

section in regulations made by the Secretary of State;

Page 29

“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 (in its capacity as a local authority) or the Council of

the Isles of Scilly;

“purported notice of possession” means any written document

which is not in accordance with section 8 but which (however

expressed)—

(a)

purports to be a notice under section 8, or

(b)

purports to bring an assured tenancy to an end or to

require that it is brought to an end (by reference to a

ground in Schedule 2 or otherwise),

and is not a claim form or a document produced pursuant to

proceedings in the court for possession of the dwelling-house;

“relevant person” , in relation to a tenancy, means—

(a)

the landlord,

(b)

a person acting on behalf of the landlord otherwise than

as a legal representative, or

(c)

a person purporting to act on behalf of the landlord.

(2)

For the purposes of 16D to 16L a person relies on a ground in Schedule

2 in relation to a tenancy where the person—

(a)

serves on the tenant a notice under section 8, or a purported

notice of possession, asserting that the landlord is, will or may

be able to obtain an order for possession on that ground, or

(b)

having not done anything within paragraph (a) in relation to

the ground, files a claim form or particulars of claim with the

court, for the purpose of beginning proceedings for possession

on that ground.

(3)

In section 16E “the restricted period” is to be read in accordance with

subsections (4) to (7) .

(4)

Subject to subsections (5) to (7) “the restricted period” means—

(a)

in relation to a relevant person relying on Ground 1 or 1A in

a notice under section 8 or a purported notice of possession

(see subsection (2) (a) ), the period—

(i)

beginning with the date on which the notice or

purported notice is served, and

(ii)

ending with the last day of the period of twelve months

beginning with the date specified in the notice or

purported notice as the earliest date on which

proceedings for possession will begin;

(b)

in relation to a relevant person relying on Ground 1 or 1A in

a claim form or particulars of claim (see subsection (2) (b) ), the

period of twelve months beginning with the date on which the

claim form or particulars of claim are filed with the court for

the purpose of bringing proceedings for possession.

Page 30

(5)

Where subsection (6) applies, the reference in subsection (4) (a) (ii) to

the date specified in the notice or purported notice as the earliest date

on which proceedings for possession will begin is to be read as a

reference to the earliest date that could have been validly so specified

in a notice under section 8, served on the same date, specifying Ground

1 or 1A alone.

(6)

This subsection applies—

(a)

where (because it also specifies Ground 7A or 14) a notice

under section 8 specifies, as the earliest date on which

proceedings for possession will begin, an earlier date than the

earliest date that could have been validly so specified in a

notice under section 8 specifying Ground 1 or 1A alone;

(b)

where a purported notice of possession—

(i)

does not specify a date as the earliest date on which

proceedings will begin, or

(ii)

specifies as the earliest date on which proceedings will

begin a date that could not have been specified in a

valid notice under section 8 served on the same date,

specifying Ground 1 or 1A alone.

(7)

Where, before the end of the restricted period, the court makes an

order for possession of the dwelling-house on a ground other than

Ground 1 or 1A, the restricted period ends with the day on which the

order is made.

(8)

Regulations under this section—

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(9)

A statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.”

No criminal liability of the Crown under Part 1 of 1988 Act

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

property)—

(a)

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

(2)”;

(b)

after subsection (1) insert—

“(1A)

In Chapter 1—

(a)

section 16J does not bind the Crown;

(b)

in section 16K (1) as it applies by virtue of subsection

(1), the reference to a person being guilty of an offence

under section 16J is to be read as a reference to the

person—

Page 31

(i)

being a landlord under an assured tenancy, or

acting or purporting to act on behalf of such a

landlord, and (in relation to that tenancy)

satisfying the condition in paragraph (a) of

section 16J (1) where the condition in paragraph

(b) of section 16J (1) is also satisfied,

(ii)

contravening section 16E (2) or (3) ,

(iii)

satisfying the conditions in paragraphs (a) and

(b) of section 16J (3) , or

(iv)

satisfying the conditions in paragraphs (a) and

(b) (i) of section 16J (4) ,

and section 16K (4) is to be read accordingly.

(1B)

Subsection (1A) (a) does not affect the criminal liability of

persons in the service of the Crown.”

Other changes

Notices to quit by tenants under assured tenancies: timing

(1)

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

as follows.

(2)

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

“(b)

it satisfies subsection (1ZA).”

(3)

After subsection (1) insert—

“(1ZA)

A notice to quit satisfies this subsection—

(a)

where it is given by a tenant in relation to premises let under

an assured tenancy, if it is given—

(i)

not less than any length of time before the date on

which the notice is to take effect, not exceeding two

months, that the landlord has agreed to in writing, or

(ii)

in the absence of agreement under sub-paragraph (i)

, not less than two months before the date on which the

notice is to take effect;

(b)

otherwise, if it is given not less than four weeks before the

date on which it is to take effect.

But in relation to landlords under assured tenancies see section 5(1)

of the Housing Act 1988 (notice to quit by landlord is of no effect).”

Page 32

Notices to quit by tenants under assured tenancies: other

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

“5A

Notices to quit by tenants under assured tenancies

(1)

Any provision that would bind a tenant as to the means of giving a

notice in writing to quit premises let under an assured tenancy is of

no effect.

(2)

For the purposes of subsection (1) the “means of giving a notice in

writing” is the mode by which the words of the notice are represented

or reproduced in a visible form.

(3)

A notice by a tenant to quit premises let under an assured tenancy

may be withdrawn before the date on which it takes effect by the

tenant and landlord agreeing in writing to the withdrawal.”

Limitation on obligation to pay removal expenses

In section 11(1) of the 1988 Act (payment of removal expenses)—

(a)

after “tenancy” insert “in relation to which the landlord is a private

registered provider of social housing,”;

(b)

in the heading, for “in certain cases” substitute “by private registered

providers of social housing”.

Assured agricultural occupancies: grounds for possession

In section 25 of the 1988 Act (security of tenure in relation to assured

agricultural occupancies)—

(a)

omit subsection (1);

(b)

in subsection (2)—

(i)

for “Part II” substitute “Part 1”;

(ii)

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

Assured agricultural occupancies: opting out etc

(1)

The 1988 Act is amended as follows.

(2)

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

“(1A)

Subsection (1) has effect subject to section 24A (1) (opting out).”

(3)

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

tenancy”.

(4)

In subsection (3) of that section, for “shall be treated as if it were such a

tenancy” substitute “, and every opted-out tenancy, is to be treated as if it

were an assured tenancy”.

Page 33

(5)

After that section insert—

“24A

Opting out

(1)

A tenancy that would otherwise be an assured agricultural occupancy

for the purposes of this Part is not such an occupancy for those

purposes if—

(a)

before the tenancy is entered into, an opt-out notice (see

subsection (2) ) is served by the person who is to be the landlord

on the person who is to be the tenant, and

(b)

the tenancy is not the continuation of an existing occupancy

(see subsection (3) ).

(2)

An opt-out notice is a notice, in such form as may be prescribed,

stating that the tenancy is not to be an assured agricultural occupancy.

(3)

A tenancy is the continuation of an existing occupancy if—

(a)

the person to whom the tenancy is granted or, as the case may

be, at least one of the persons to whom it is granted was,

immediately before it was granted, a tenant under an assured

agricultural occupancy, and

(b)

the person by whom it is granted or, as the case may be, at

least one of the persons by whom it is granted was,

immediately before it was granted, a landlord under the assured

agricultural occupancy referred to in paragraph (a) .

(4)

In this Chapter “opted-out tenancy” means a tenancy that, but for this

section, would be an assured agricultural occupancy.”

Accommodation for homeless people: duties of local authority

(1)

The Housing Act 1996 is amended as follows.

(2)

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

intentionally)—

(a)

in subsection (1A), omit paragraph (b) (exception for notice of refusal

to co-operate) and the “or” before it;

(b)

in subsection (6) omit paragraph (cc);

(c)

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

(d)

in subsection (7AC)—

(i)

in paragraph (a) omit “shorthold”;

(ii)

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

(iii)

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

(3)

In section 193C (consequences of deliberate and unreasonable refusal to

co-operate) omit subsections (3) to (10) (homelessness relief duty).

(4)

Omit section 195A (duty to offer accommodation following re-application

after private sector offer).

Page 34

Tenancy deposit requirements

(1)

Chapter 4 of Part 6 of the Housing Act 2004 (tenancy deposit schemes) is

amended as follows.

(2)

In section 212—

(a)

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

(b)

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

(c)

in subsection (8)—

(i)

at the appropriate place insert—

““assured tenancy” means an assured tenancy within the

meaning of Chapter 1 of Part 1 of the Housing Act 1988

(for transitional provision see Schedule 6 to the Renters'

Rights Act 2024);”

(ii)

omit the definition of “shorthold tenancy”;

(iii)

in the definition of “tenancy deposit”, for “a shorthold”

substitute “an assured”;

(d)

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

(3)

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

(4)

In section 214—

(a)

in subsection (1)—

(i)

for “a shorthold” substitute “an assured”;

(ii)

omit “on or after 6 April 2007”;

(b)

after subsection (1) insert—

“(1ZA)

In relation to a tenancy that, immediately before the

commencement date, was an assured shorthold tenancy,

subsection (1) applies as if after “assured tenancy”, in the first

place it occurs, there were inserted “on or after 6 April 2007”.

(1ZB)

In subsection (1ZA) —

“assured shorthold tenancy” means an assured shorthold

tenancy within the meaning of Chapter 2 of Part 1 of

the Housing Act 1988 as it had effect before the

amendments made by the Renters' Rights Act 2024;

“the commencement date” has the meaning given by

section 143 (3) of the Renters' Rights Act 2024.”;

(c)

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

(5)

For section 215 substitute—

“215

Sanctions for non-compliance

(1)

Where a tenancy deposit has been paid in connection with an assured

tenancy, the court may make an order for possession of the

dwelling-house let on the assured tenancy only if the tenancy deposit

is being held in accordance with an authorised scheme.

Page 35

(2)

Where a tenancy deposit has been paid in connection with an assured

tenancy, the court may make an order for possession of the

dwelling-house let on the assured tenancy only if such requirements

of the scheme as fell to be complied with by the landlord on receiving

the tenancy deposit have been complied with (whether or not within

the period mentioned by section 213(3)) in relation to the tenancy

deposit.

(3)

Where a tenancy deposit has been paid in connection with an assured

tenancy, the court may make an order for possession of the

dwelling-house let on the assured tenancy only if the requirements of

section 213(5) and (6)(a) have been complied with.

(4)

Subsections (1) to (3) do not apply in relation to an order for possession

made on Ground 7A or 14 in Schedule 2 to the Housing Act 1988

(whether or not any other grounds for possession are met).

(5)

Subsections (1) to (3) do not apply where—

(a)

the tenancy deposit has been returned to the tenant in full or

with such deductions as are agreed between the landlord and

tenant, or

(b)

an application to the county court has been made under section

214(1) and has been determined by that court, withdrawn or

settled by agreement between the parties.

(6)

If any deposit given in connection with an assured tenancy could not

be lawfully required as a result of section 213(7), the court may not

make an order for possession of the dwelling-house let on the assured

tenancy until the property in question is returned to the person by

whom it was given as a deposit.

(7)

In subsection (6) “deposit” has the meaning given by section 213(8).

(8)

In relation to an assured tenancy that was entered into before the

commencement date, subsection (2) is to be read as if the words “on

or after 6 April 2007” were inserted after “assured tenancy” in the first

place it occurs.

(9)

See also paragraph 10 of Schedule 6 to the Renters' Rights Act 2024

(disapplication of amendments to this Chapter in relation to a tenancy

that immediately before the commencement date was an assured

tenancy other than an assured shorthold tenancy).

(10)

In this section—

“assured shorthold tenancy” means an assured shorthold tenancy

within the meaning of Chapter 2 of Part 1 of the Housing Act

1988 as it had effect before the amendments made by the

Renters' Rights Act 2024;

“the commencement date” has the meaning given by section

143 (3) of the Renters' Rights Act 2024;

Page 36

“the court” means a court having jurisdiction to make an order

for possession of a dwelling-house let on an assured tenancy

(see section 40 of the Housing Act 1988);

“dwelling-house” has the same meaning as in Part 1 of the

Housing Act 1988 (see section 45 of that Act).”

(6)

Omit section 215A.

(7)

In section 215B—

(a)

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

(b)

in subsection (1)—

(i)

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

(ii)

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

(8)

Omit section 215C.

(9)

In Schedule 10—

(a)

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

tenancies”;

(b)

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

tenancy”.

Tenant fees

(1)

The Tenant Fees Act 2019 is amended as follows.

(2)

Omit section 17.

(3)

In section 28(1) (interpretation)—

(a)

for the definition of “assured shorthold tenancy” substitute—

““assured tenancy” means an assured tenancy within the meaning

of Chapter 1 of Part 1 of the Housing Act 1988 (for transitional

provision see Schedule 6 to the Renters' Rights Act 2024);”;

(b)

omit the definition of “long lease”;

(c)

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

“(a)

an assured tenancy other than a tenancy of social

housing,”.

(4)

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

tenancy” substitute “assured tenancy”.

(5)

In Schedule 3 (financial penalties etc), in paragraph 12(3)(a), for “assured

shorthold tenancy” substitute “assured tenancy”.

Page 37

Other amendments

Liability of tenants under assured tenancies for council tax

In section 6(6) of the Local Government Finance Act 1992, in the definition

of “material interest”—

(a)

for “or a” substitute “, a”;

(b)

after “more” insert “or a tenancy that is or was previously an assured

tenancy within the meaning of the Housing Act 1988”.

Other amendments

Schedule 2 contains amendments relating to this Chapter.

Powers of Secretary of State

Powers of Secretary of State in connection with Chapter 1

(1)

The Secretary of State may by regulations amend provision made by or under

an Act passed before or later in the same session as this Act so that the

provision has effect in relation to periodic assured tenancies in a manner that

corresponds or is similar to the manner in which it had effect immediately

before the commencement date in relation to—

(a)

fixed term assured tenancies, or

(b)

assured shorthold tenancies.

(2)

The Secretary of State may by regulations amend provision made by or under

an Act passed before or later in the same session as this Act so that the

provision has effect, in relation to a ground in Schedule 2 to the 1988 Act as

amended by this Act, in a manner that corresponds or is similar to the manner

in which it had effect immediately before the commencement date in relation

to any ground in that Schedule.

(3)

The amendments that may be made under subsection (1) (b) include any to

ensure that provision applying immediately before the commencement date

in relation to notices under section 21 of the 1988 Act applies on and after

that day, with or without modifications, in relation to notices under section

8 of that Act.

(4)

The transitional provision that may be included in regulations under subsection

(1) or (2) by virtue of section 137 (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—

(a)

have effect with specified modifications, or

(b)

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

(5)

For the purposes of subsection (4) —

(a)

“pre-application instrument” means an agreement or other instrument

made before the regulations come into force;

Page 38

(b)

the circumstances in which the Secretary of State may consider that a

pre-application instrument does not operate appropriately as a result

of regulations under subsection (1) or (2) include (but are not limited

to) those in which—

(i)

as a result of any provision of the regulations, provision made

by the instrument is to any extent spent, obsolete, unnecessary

or otherwise not of practical utility;

(ii)

as a result of any provision of the regulations, it is unclear

what the effect is of provision made by the instrument;

(iii)

as a result of any provision of the regulations, a person may

be placed in breach of obligations arising under the instrument

or made subject to more burdensome obligations under the

instrument;

(iv)

the instrument makes direct or indirect reference to any

enactment as it had effect before being amended by the

regulations.

(6)

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

prevent—

(a)

the variation or revocation of provision modified by the regulations,

(b)

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

of the regulations.

(7)

Regulations made by virtue of subsection (4) may apply to an instrument as

it has effect in relation to times before the coming into force of the regulations

but after the commencement date.

(8)

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

under this section.

(9)

Nothing in this section limits the provision that may be made in regulations

under Part 5.

(10)

In this section—

“assured shorthold tenancy” is to be read in accordance with Part 1 of

the 1988 Act as it had effect immediately before the commencement

date;

“the commencement date” has the meaning given by section 143 (3) .

Page 39

Chapter 2

Tenancies that cannot be assured tenancies

Tenancies of more than seven years

(1)

In Part 1 of Schedule 1 to the 1988 Act (tenancies which cannot be assured

tenancies), after paragraph 3C insert—

“Fixed term tenancies of more than seven years

A fixed term tenancy of a term certain of more than seven years

from the date of the grant of the tenancy.”

(2)

In section 133 of the 1988 Act (consent required for certain subsequent

disposals), in subsection (11)(f), for “4” substitute “3D”.

(3)

In the Landlord and Tenant Act 1985—

(a)

in section 9B (leases to which section 9A of that applies), in subsection

(1)(b)—

(i)

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

(ii)

for the words from “leases” to “more” substitute “certain leases

to which section 11 applies”;

(b)

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

rule)—

(i)

in subsection (1A)(b) omit “or more”;

(ii)

after subsection (1A) insert—

“(1AA)

Section 11 also applies to a lease of a dwelling-house

in England granted on or after the day on which section

166 of the Localism Act 2011 came into force which is

a tenancy for a fixed term of more than seven years

that—

(a)

would be an assured tenancy if it were not for

a term of more than seven years,

(b)

is not a shared ownership lease, and

(c)

is granted by a private registered provider of

social housing.”;

(iii)

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

section”.

(4)

In paragraph 1 of Schedule 10 to the Local Government and Housing Act

1989 (security of tenure on ending of long residential tenancies), in

sub-paragraph (1)(a) after “low rent” insert “and were not for a term of more

than seven years”.

(5)

Where, immediately before the day on which this section comes into force,

proceedings for an order for possession under section 8 of the 1988 Act in

reliance on a valid notice given under that section of that Act have been

Page 40

commenced in relation to a tenancy and have not been concluded, or have

not been commenced but have not become time-barred—

(a)

the tenancy remains an assured tenancy, and the notice remains valid,

until any time when such proceedings in reliance on the notice become

time-barred or are concluded, and

(b)

until that time the amendments made by subsections (1) and (4) do

not apply in relation to the tenancy.

(6)

For the purposes of subsection (5) , proceedings are “time-barred” after the

time limit mentioned in section 8(3)(c) of the 1988 Act.

Accommodation for homeless people under section 199A of Housing Act

1996

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,”.

Chapter 3

Discrimination in the rental market: England

Discrimination and discriminatory terms: children and benefits status

Discrimination relating to children

(1)

A relevant person must not, in relation to a dwelling that is to be let on an

agreement which may give rise to a relevant tenancy—

(a)

on the basis that a child would or may live with or visit a person at

the dwelling if the dwelling were the person’s home, prevent the

person from—

(i)

enquiring whether the dwelling is available for let,

(ii)

accessing information about the dwelling,

(iii)

viewing the dwelling in order to consider whether to seek to

rent it, or

(iv)

entering into a tenancy of the dwelling, or

(b)

apply a provision, criterion or practice in order to make people who

would have a child live with or visit them at the dwelling, if it were

their home, less likely to enter into a tenancy of the dwelling than

people who would not.

(2)

Subsection (1) does not apply if—

(a)

the relevant person can show that the conduct is a proportionate means

of achieving a legitimate aim, or

(b)

the relevant person can show that the prospective landlord of the

dwelling, or a person who would be a superior landlord in relation

to the dwelling, is insured under a contract of insurance—

(i)

to which section 37 does not apply, and

Page 41

(ii)

which contains a term which makes provision (however

expressed) requiring the insured to prohibit a tenant under a

relevant tenancy from having a child live with or visit them

at the dwelling or to restrict the circumstances in which such

a tenant may have a child live with or visit them at the

dwelling,

and the conduct is a means of preventing the insured from breaching

that term.

(3)

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

of—

(a)

one or more of the following things done by a person who does

nothing in relation to the dwelling that is not mentioned in this

paragraph—

(i)

publishing advertisements or disseminating information;

(ii)

providing a means by which a prospective landlord can

communicate directly with a prospective tenant;

(iii)

providing a means by which a prospective tenant can

communicate directly with a prospective landlord, or

(b)

things of a description, or things done by a person of a description,

specified for the purposes of this section in regulations made by the

Secretary of State.

Discrimination relating to benefits status

(1)

A relevant person must not, in relation to a dwelling that is to be let on an

agreement which may give rise to a relevant tenancy—

(a)

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

the person from—

(i)

enquiring whether the dwelling is available for let,

(ii)

accessing information about the dwelling,

(iii)

viewing the dwelling in order to consider whether to seek to

rent it, or

(iv)

entering into a tenancy of the dwelling, or

(b)

apply a provision, criterion or practice in order to make benefits

claimants less likely to enter into a tenancy of the dwelling than people

who are not benefits claimants.

(2)

Subsection (1) does not apply if the relevant person can show that the

prospective landlord of the dwelling, or a person who would be a superior

landlord in relation to the dwelling, is insured under a contract of insurance—

(a)

to which section 37 does not apply, and

(b)

which contains a term which makes provision (however expressed)

requiring the insured to prohibit a tenant under a relevant tenancy

from being a benefits claimant,

and the conduct is a means of preventing the insured from breaching that

term.

Page 42

(3)

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

of—

(a)

one or more of the following things done by a person who does

nothing in relation to the dwelling that is not mentioned in this

paragraph—

(i)

publishing advertisements or disseminating information;

(ii)

providing a means by which a prospective landlord can

communicate directly with a prospective tenant;

(iii)

providing a means by which a prospective tenant can

communicate directly with a prospective landlord, or

(b)

things of a description, or things done by a person of a description,

specified for the purposes of this section in regulations made by the

Secretary of State.

Discriminatory terms in a tenancy relating to children or benefits status

(1)

A term of a relevant tenancy or regulated tenancy is of no effect so far as the

term makes provision (however expressed) prohibiting the tenant from having

a child live with or visit them at the dwelling or restricting the circumstances

in which the tenant may have a child do so.

(2)

Subsection (1) does not apply if—

(a)

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

(b)

the landlord or a superior landlord is insured under a contract of

insurance—

(i)

to which section 37 does not apply, and

(ii)

which contains a term which makes provision (however

expressed) requiring the insured to prohibit the tenant from

having a child live with or visit them at the dwelling or to

restrict the circumstances in which the tenant may have a child

live with or visit them at the dwelling,

and the provision in the tenancy is a means of preventing the insured

from breaching that term.

(3)

A term of a relevant tenancy or regulated tenancy is of no effect so far as the

term makes provision (however expressed) prohibiting the tenant from being

a benefits claimant.

(4)

Subsection (3) does not apply if the landlord or a superior landlord is insured

under a contract of insurance—

(a)

to which section 37 does not apply, and

(b)

which contains a term which makes provision (however expressed)

requiring the insured to prohibit the tenant from being a benefits

claimant,

and the provision in the tenancy is a means of preventing the insured from

breaching that term.

Page 43

Terms in superior leases relating to children or benefits status

(1)

A term of a lease of premises that consist of or include a dwelling is of no

effect so far as the term makes provision (however expressed) requiring a

tenant under that or any inferior lease to—

(a)

prohibit a sub-tenant under a relevant tenancy or regulated tenancy

from having a child live with or visit them at the dwelling, or

(b)

restrict the circumstances in which a sub-tenant under a relevant

tenancy or regulated tenancy may have a child live with or visit them

at the dwelling.

(2)

Subsection (1) does not apply if—

(a)

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

(b)

the landlord under the lease or a superior landlord is insured under

a contract of insurance—

(i)

to which section 37 does not apply, and

(ii)

which contains a term which makes provision (however

expressed) requiring the insured to prohibit a sub-tenant from

having a child live with or visit them at the dwelling or to

restrict the circumstances in which a sub-tenant may have a

child live with or visit them at the dwelling,

and the provision in the lease is a means of preventing the insured

from breaching that term.

(3)

A term of a lease of premises that consist of or include a dwelling is of no

effect so far as the term makes provision (however expressed) requiring a

tenant under that or any inferior lease to prohibit a sub-tenant under a relevant

tenancy or regulated tenancy from being a benefits claimant.

(4)

Subsection (3) does not apply if the landlord under the lease or a superior

landlord is insured under a contract of insurance—

(a)

to which section 37 does not apply, and

(b)

which contains a term which makes provision (however expressed)

requiring the insured to prohibit a sub-tenant from being a benefits

claimant,

and the provision in the lease is a means of preventing the insured from

breaching that term.

(5)

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

(a)

the terms of any agreement relating to the lease, and

(b)

any document or communication from the landlord that gives or

refuses consent for sub-letting under the lease to a category or

description of person.

Page 44

Terms in mortgages relating to children or benefits status

(1)

A term of a mortgage of premises that consist of or include a dwelling is of

no effect so far as the term makes provision (however expressed) requiring

the mortgagor to—

(a)

prohibit a tenant under a relevant tenancy or regulated tenancy from

having a child live with or visit them at the dwelling, or

(b)

restrict the circumstances in which a tenant under a relevant tenancy

or regulated tenancy may have a child live with or visit them at the

dwelling.

(2)

A term of a mortgage of premises that consist of or include a dwelling is of

no effect so far as the term makes provision (however expressed) requiring

a mortgagor to prohibit a tenant under a relevant tenancy or regulated tenancy

from being a benefits claimant.

Terms in insurance contracts relating to children or benefits status

(1)

A term of a contract of insurance to which this section applies is of no effect

so far as the term makes provision (however expressed) requiring the insured

to—

(a)

prohibit a tenant under a relevant tenancy or regulated tenancy from

having a child live with or visit them at the dwelling, or

(b)

restrict the circumstances in which a tenant under a relevant tenancy

or a regulated tenancy may have a child live with or visit them at the

dwelling.

(2)

A term of a contract of insurance to which this section applies is of no effect

so far as the term makes provision (however expressed) requiring the insured

to prohibit a tenant under a relevant tenancy or regulated tenancy from being

a benefits claimant.

(3)

This section applies to contracts of insurance which were entered into or

whose duration was extended on or after the day on which this section comes

into force.

Discrimination and discriminatory terms: power to protect others

Power of the Secretary of State to protect others

(1)

If the Secretary of State is satisfied that—

(a)

a discriminatory rental practice exists in relation to dwellings that are

to be let on agreements which may give rise to relevant tenancies

(“relevant rental dwellings”), and

(b)

because of that discriminatory rental practice, the victims of that

practice are significantly less likely to enter into relevant tenancies of

dwellings than other people,

the Secretary of State may make regulations prohibiting that discriminatory

rental practice.

Page 45

(2)

A “discriminatory rental practice” exists in relation to relevant rental dwellings

if some or all relevant persons—

(a)

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

those people from—

(i)

enquiring whether relevant rental dwellings are available for

let,

(ii)

accessing information about relevant rental dwellings,

(iii)

viewing relevant rental dwellings in order to consider whether

to seek to rent them, or

(iv)

entering into tenancies of relevant rental dwellings, or

(b)

apply a provision, criterion or practice in order to make a particular

group of people less likely to enter into tenancies of relevant rental

dwellings than people not in that group.

(3)

The “victims” of a discriminatory rental practice are—

(a)

where a particular group of people are prevented from doing the

things mentioned in subsection (2)(a), the people in that group;

(b)

where a provision, criterion or practice is applied in order to make a

particular group of people less likely to enter into tenancies as

mentioned in subsection (2)(b), the people in that group.

(4)

Regulations “prohibiting” a discriminatory rental practice are regulations

relating to—

(a)

the discriminatory rental practice, and

(b)

the persons who are the victims of it,

which make provision corresponding to the other anti-discrimination legislation

in this Chapter

(5)

The “other anti-discrimination legislation in this Chapter ” is—

(a)

sections 32 and 33 , except for sections 32(3)(b) and 33(3)(b), and

(b)

sections 34 to 37 ;

but regulations under this section may make provision corresponding to the

provision that may be made under section 32(3)(b) or 33(3)(b).

(6)

Before making regulations prohibiting a discriminatory rental practice, the

Secretary of State must consult such of the following persons as the Secretary

of State considers appropriate—

(a)

victims of the discriminatory rental practice or one or more

representatives of such persons;

(b)

landlords and prospective landlords under relevant tenancies or one

or more representatives of such persons;

(c)

landlords under regulated tenancies or one or more representatives

of such persons;

(d)

other landlords and prospective landlords under leases of premises

that consist of or include a dwelling or one or more representatives

of such persons;

Page 46

(e)

mortgagees of dwellings or one or more representatives of such

persons;

(f)

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

(g)

local housing authorities or one or more representatives of local

housing authorities.

(7)

For that purpose a “representative” of persons of a particular kind, or of local

housing authorities, is a body or other person which appears to the Secretary

of State to represent the interests of persons of that kind, or of local housing

authorities.

Discrimination: financial penalties

Financial penalties for breach of anti-discrimination provisions

(1)

A local housing authority may impose a financial penalty under this subsection

on a person if satisfied on the balance of probabilities that the person has

breached a requirement imposed by—

(a)

section 32 or 33 , or

(b)

provision in regulations made under section 38 .

(2)

More than one financial penalty may be imposed under subsection (1) on the

same person in respect of the same conduct only if—

(a)

the conduct continues after the end of 28 days beginning with the day

after that on which the previous penalty in respect of the conduct was

imposed on the person, unless the person appeals against the decision

to impose the penalty within that period, or

(b)

if the person appeals against the decision to impose the penalty within

that period, the conduct continues after the end of 28 days beginning

with the day after that on which the appeal is finally determined,

withdrawn or abandoned.

(3)

Where a person applies a single provision, criterion or practice on more than

one occasion in relation to the same dwelling, each application of that

provision, criterion or practice is to be treated as the same conduct for the

purposes of subsection (2) .

(4)

If—

(a)

the local housing authority imposes a financial penalty under

subsection (1) on a person, and

(b)

within the period of five years ending with the date on which that

penalty was imposed, a previous financial penalty under subsection

(1) was imposed on that person in relation to a breach of the same

section or provision in regulations made under section 38 ,

then the local housing authority may impose an additional financial penalty

under this subsection on that person.

(5)

The amount of a financial penalty imposed under this section is to be

determined by the authority imposing it, but must not be more than £7,000.

Page 47

(6)

Neither subsection (2) nor subsection (4) enables a penalty to be imposed

after the final notice in respect of the previous penalty has been withdrawn

or quashed on appeal.

(7)

Where—

(a)

a local housing authority is satisfied as mentioned in subsection (1)

in relation to two or more persons, and

(b)

the breaches in relation to which the local housing authority is so

satisfied arise from the same conduct by one or more of the persons

acting on behalf of the others,

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.

(8)

The Secretary of State may give guidance to local housing authorities about

the exercise of their functions under this section .

(9)

Local housing authorities must have regard to any guidance issued under

subsection (8) .

(10)

The Secretary of State may by regulations amend the amount specified in

subsection (5) to reflect changes in the value of money.

(11)

For the purposes of this section —

(a)

a financial penalty is imposed under this section on the date specified

in the final notice as the date on which the notice is given, and

(b)

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

Supplementary

No prohibition on taking income into account

Nothing in this Chapter prohibits taking a person’s income into account when

considering whether that person would be able to afford to pay rent under

a relevant tenancy.

Interpretation of Chapter 3

(1)

In this Chapter—

“benefits claimant” means a person who—

(a)

is entitled to payments (including payments made directly to

a landlord) under or by virtue of the Social Security

Contributions and Benefits Act 1992 or the Welfare Reform Act

2012, or would be so entitled were a relevant tenancy to be

granted to the person,

(b)

is entitled to payments (including payments made directly to

a landlord) under or by virtue of the Jobseekers Act 1995, the

Page 48

State Pension Credit Act 2002, the Tax Credits Act 2002, the

Welfare Reform Act 2007 or the Pensions Act 2014,

(c)

is in receipt of a reduction in the amount of council tax payable

in respect of the person’s current home under a scheme made

by a billing authority under or by virtue of section 13A of the

Local Government Finance Act 1992, or

(d)

would be entitled to a reduction in the amount of council tax

payable in respect of the dwelling in question under a scheme

made by the billing authority in whose area the dwelling is

situated under or by virtue of section 13A of the Local

Government Finance Act 1992, if the person were to—

(i)

rent the dwelling on a relevant tenancy, and

(ii)

if an application is a precondition of entitlement, apply

to the billing authority for a reduction under the

scheme;

“child” means a person under the age of 18;

“dwelling” means a “dwelling-house” within the meaning of Part 1 of

the 1988 Act (see section 45 of that Act) in England;

“prospective landlord” means a person who proposes to let a dwelling

on an agreement which may give rise to a relevant tenancy;

“prospective tenant” means a person seeking to find a dwelling to rent;

“regulated tenancy” has the same meaning as in the Rent Act 1977 (see

section 18 of that Act);

“relevant person” , in relation to a relevant tenancy, means—

(a)

the prospective landlord;

(b)

a person acting or purporting to act directly or indirectly on

behalf of the prospective landlord;

“relevant tenancy” means an assured tenancy within the meaning of the

1988 Act, other than a tenancy that is—

(a)

a tenancy of social housing, within the meaning of Part 2 of

the Housing and Regeneration Act 2008, or

(b)

a tenancy of supported accommodation, within the meaning

given by paragraph 12 of Schedule 2 to the 1988 Act.

(2)

In this Chapter a reference to doing something on the basis of particular facts

includes reference to doing it on the basis of a belief in those facts.

Chapter 4

Discrimination in the rental market: Wales

Prohibitions of discrimination

Discrimination relating to children or benefits status: Welsh language

(1)

The Welsh language text of the Renting Homes (Fees etc.) (Wales) Act 2019

(anaw 2) is amended as follows.

Page 49

(2)

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

“(2A)

Mae Rhan 2A yn ei gwneud yn drosedd i landlord neu berson sy’n

gweithredu ar ran landlord neu’n honni ei fod yn gweithredu ar ran

landlord wahaniaethu mewn perthynas â chontractau meddiannaeth

yn erbyn personau a fyddai â phlant yn byw gyda hwy neu’n ymweld

â hwy neu sy’n hawlyddion budd-daliadau, ac yn gwneud darpariaeth

arall ynghylch gwahaniaethu o’r math hwnnw.”

(3)

After section 8 insert—

Rhan 2A

Gwahardd gwahaniaethu

Gwahardd gwahaniaethu yn ymwneud â phlant

(1)

Mae’n drosedd i berson perthnasol, mewn perthynas ag annedd sydd

i fod yn destun contract meddiannaeth—

(a)

ar y sail y byddai plentyn yn byw gyda pherson neu’n ymweld

â pherson yn yr annedd, neu y gallai plentyn fyw gyda pherson

neu ymweld â pherson yn yr annedd, pe bai’r annedd, yn

gartref i’r person, atal y person rhag—

(i)

ymholi a yw’r annedd ar gael i’w rhentu,

(ii)

cael mynediad at wybodaeth am yr annedd,

(iii)

gweld yr annedd er mwyn ystyried a ddylai geisio ei

rhentu, neu

(iv)

sicrhau contract meddiannaeth mewn cysylltiad â’r

annedd neu sicrhau bod contract o’r fath yn cael ei

adnewyddu neu ei barhau, neu

(b)

cymhwyso darpariaeth, maen prawf neu arfer er mwyn peri

bod pobl a fyddai â phlentyn yn byw gyda hwy neu’n ymweld

â hwy yn yr annedd yn llai tebygol o sicrhau contract

meddiannaeth mewn cysylltiad â’r annedd neu’n llai tebygol

o sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei

barhau na phobl a fyddai heb blentyn yn byw gyda hwy neu’n

ymweld â hwy.

(2)

Mae’n amddiffyniad i’r person perthnasol brofi bod yr ymddygiad

yn fodd cymesur o gyflawni nod dilys.

(3)

Mae’n amddiffyniad i’r person perthnasol brofi bod darpar landlord

yr annedd, neu berson a fyddai’n uwchlandlord mewn perthynas â’r

annedd, wedi ei yswirio o dan gontract yswiriant—

(a)

nad yw adran 8H yn gymwys iddo, a

(b)

sy’n cynnwys teler sy’n ei gwneud yn ofynnol i’r sawl sydd

wedi ei yswirio wahardd deiliad contract rhag bod â phlentyn

yn byw gydag ef neu’n ymweld ag ef yn yr annedd neu sy’n

ei gwneud yn ofynnol i’r landlord gyfyngu’r amgylchiadau lle

caniateir i ddeiliad contract wneud hynny,

Page 50

a bod yr ymddygiad yn fodd i atal y person sydd wedi ei yswirio

rhag torri’r teler hwnnw.

(4)

Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar

euogfarn ddiannod i ddirwy.

Gwahardd gwahaniaethu yn ymwneud â statws o ran budd-daliadau

(1)

Mae’n drosedd i berson perthnasol, mewn perthynas ag annedd sydd

i fod yn destun contract meddiannaeth—

(a)

ar y sail bod person yn hawlydd budd-daliadau neu y gallai

fod yn hawlydd budd-daliadau, atal y person rhag—

(i)

ymholi a yw’r annedd ar gael i’w rhentu,

(ii)

cael mynediad at wybodaeth am yr annedd,

(iii)

gweld yr annedd er mwyn ystyried a ddylai geisio ei

rhentu, neu

(iv)

sicrhau contract meddiannaeth mewn cysylltiad â’r

annedd neu sicrhau bod contract o’r fath yn cael ei

adnewyddu neu ei barhau, neu

(b)

cymhwyso darpariaeth, maen prawf neu arfer er mwyn peri

bod hawlyddion budd-daliadau yn llai tebygol o sicrhau

contract meddiannaeth mewn cysylltiad â’r annedd neu’n llai

tebygol o sicrhau bod contract o’r fath yn cael ei adnewyddu

neu ei barhau na phobl nad ydynt yn hawlyddion

budd-daliadau.

(2)

Mae’n amddiffyniad i’r person perthnasol brofi bod darpar landlord

yr annedd, neu berson a fyddai’n uwchlandlord mewn perthynas â’r

annedd, wedi ei yswirio o dan gontract yswiriant—

(a)

nad yw adran 8H yn gymwys iddo, a

(b)

sy’n cynnwys teler sy’n ei gwneud yn ofynnol i’r sawl sydd

wedi ei yswirio wahardd deiliad contract ar yr annedd rhag

bod yn hawlydd budd-daliadau,

a bod yr ymddygiad yn fodd i atal y person sydd wedi ei yswirio

rhag torri’r teler hwnnw.

(3)

Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar

euogfarn ddiannod i ddirwy.

Eithriad ar gyfer cyhoeddi hysbysiadau etc

Nid yw ymddygiad yn gyfystyr a throsedd o dan adran 8A(1) nac

adran 8B(1) os nad yw ond yn cynnwys—

(a)

un neu ragor o’r pethau a ganlyn a wneir gan berson nad yw’n

gwneud dim mewn perthynas â’r annedd sydd heb ei grybwyll

yn y paragraff hwn—

(i)

cyhoeddi hysbysiadau neu ledaenu gwybodaeth;

Page 51

(ii)

darparu cyfrwng y gall darpar landlord gyfathrebu

drwyddo yn uniongyrchol â darpar ddeiliad contract;

(iii)

darparu cyfrwng y gall darpar ddeiliad contract

gyfathrebu drwyddo yn uniongyrchol â darpar landlord,

neu

(b)

pethau o ddisgrifiad, neu bethau a wneir gan berson o

ddisgrifiad, a bennir at ddibenion yr adran hon mewn

rheoliadau.

Parhau i dorri gwaharddiad ar ôl cosb benodedig

(1)

Mae person yn cyflawni trosedd—

(a)

os oes hysbysiad cosb benodedig wedi ei roi i’r person o dan

adran 13 am drosedd o dan y Rhan hon mewn perthynas ag

annedd ac nad yw wedi ei dynnu’n ôl, a

(b)

os yw’r ymddygiad y rhoddwyd yr hysbysiad cosb benodedig

mewn cysylltiad ag ef yn parhau mewn perthynas â’r annedd

honno ar ôl diwedd y cyfnod o 28 o ddiwrnodau sy’n dechrau

â’r dyddiad y rhoddwyd yr hysbysiad o dan adran 13.

(2)

Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar

euogfarn ddiannod i ddirwy.

Ailadrodd tor gwaharddiad ar ôl cosb benodedig

(1)

Mae person yn cyflawni trosedd—

(a)

os oes hysbysiad cosb benodedig wedi ei roi i’r person o dan

adran 13 am drosedd o dan y Rhan hon ac nad yw wedi ei

dynnu’n ôl, a

(b)

os yw’r person yn cyflawni trosedd arall o dan yr un adran o

fewn y cyfnod o 5 mlynedd sy’n dechrau â’r dyddiad y

rhoddwyd yr hysbysiad o dan adran 13.

(2)

Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar

euogfarn ddiannod i ddirwy.

Telerau mewn uwchlesau yn ymwneud â phlant neu statws o ran

budd-daliadau

(1)

Nid yw teler mewn les ar fangre sy’n ffurfio annedd neu sy’n cynnwys

annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon)

yn ei gwneud yn ofynnol i denant o dan y les honno neu unrhyw

is-les—

(a)

gwahardd deiliad contract rhag bod â phlentyn yn byw gydag

ef neu’n ymweld ag ef yn yr annedd, neu

(b)

cyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â

phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd,

Page 52

(ond mae’r les yn parhau, i’r graddau y bo hynny’n ymarferol, i gael

effaith ym mhob cyswllt arall).

(2)

Nid yw is-adran (1) yn gymwys—

(a)

os yw’r gofyniad yn fodd cymesur o gyflawni nod dilys, neu

(b)

os yw’r landlord o dan y les neu uwchlandlord wedi ei yswirio

o dan gontract yswiriant—

(i)

nad yw adran 8H yn gymwys iddo, a

(ii)

sy’n cynnwys teler sy’n gwneud darpariaeth (sut

bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl

sydd wedi ei yswirio wahardd deiliad contract rhag

bod â phlentyn yn byw gydag ef neu’n ymweld ag ef

yn yr annedd neu gyfyngu’r amgylchiadau lle caniateir

i ddeiliad contract fod â phlentyn yn byw gydag ef

neu’n ymweld ag ef yn yr annedd,

a bod y gofyniad yn y les yn fodd i atal y sawl sydd wedi ei

yswirio rhag torri’r teler hwnnw.

(3)

Nid yw teler mewn les ar fangre sy’n ffurfio annedd neu sy’n cynnwys

annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon)

yn ei gwneud yn ofynnol i denant o dan y les honno neu unrhyw

is-les wahardd deiliad contract rhag bod yn hawlydd budd-daliadau

(ond mae’r les yn parhau, i’r graddau y bo hynny’n ymarferol, i gael

effaith ym mhob cyswllt arall).

(4)

Nid yw is-adran (3) yn gymwys os yw’r landlord o dan y les neu

uwchlandlord wedi ei yswirio o dan gontract yswiriant—

(a)

nad yw adran 8H yn gymwys iddo, a

(b)

sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i

mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei

yswirio wahardd deiliad contract rhag bod yn hawlydd

budd-daliadau,

a bod y gofyniad yn y les yn fodd i atal y sawl sydd wedi ei yswirio

rhag torri’r teler hwnnw.

(5)

At ddibenion yr adran hon, mae telerau les yn cynnwys—

(a)

telerau unrhyw gytundeb sy’n ymwneud â’r les, a

(b)

unrhyw ddogfen neu gyfathrebiad oddi wrth y landlord sy’n

rhoi neu’n gwrthod cydsyniad i isosod o dan y les i gategori

neu ddisgrifiad o berson.

Telerau mewn morgeisi yn ymwneud â phlant neu statws o ran

budd-daliadau

(1)

Nid yw teler mewn morgais ar fangre sy’n ffurfio annedd neu sy’n

cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr

adran hon) yn ei gwneud yn ofynnol i’r morgeisiwr—

Page 53

(a)

gwahardd deiliad contract rhag bod â phlentyn yn byw gydag

ef neu’n ymweld ag ef yn yr annedd, neu

(b)

cyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â

phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd,

(ond mae’r morgais yn parhau, i’r graddau y bo hynny’n ymarferol,

i gael effaith ym mhob cyswllt arall).

(2)

Nid yw teler mewn morgais ar fangre sy’n ffurfio annedd neu sy’n

cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr

adran hon) yn ei gwneud yn ofynnol i’r morgeisiwr wahardd deiliad

contract rhag bod yn hawlydd budd-daliadau (ond mae’r morgais yn

parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob

cyswllt arall).

Telerau mewn contractau yswiriant yn ymwneud â phlant neu statws

o ran budd-daliadau

(1)

Nid yw teler mewn contract yswiriant y mae’r adran hon yn gymwys

iddo yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn

ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio—

(a)

gwahardd deiliad contract rhag bod â phlentyn yn byw gydag

ef neu’n ymweld ag ef yn yr annedd sy’n destun contract

meddiannaeth, neu

(b)

cyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â

phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd

sy’n destun contract meddiannaeth,

(ond mae’r contract yswiriant yn parhau, i’r graddau y bo hynny’n

ymarferol, i gael effaith ym mhob cyswllt arall).

(2)

Nid yw teler mewn contract yswiriant y mae’r adran hon yn gymwys

iddo yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn

ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad

contract annedd sy’n destun contract meddiannaeth rhag bod yn

hawlydd budd-daliadau (ond mae’r contract yswiriant yn parhau, i’r

graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).

(3)

Mae’r adran hon yn gymwys i gontractau yswiriant a wnaed neu yr

estynnwyd eu cyfnod ar neu ar ôl y diwrnod y daw’r adran hon i

rym.

Dim gwaharddiad ar roi ystyriaeth i incwm

Nid oes dim yn y Rhan hon yn gwahardd rhoi ystyriaeth i incwm

person wrth ystyried a fyddai’r person hwnnw yn gallu fforddio talu

rhent o dan gontract meddiannaeth.

Dehongli Rhan 2A

(1)

Yn y Rhan hon—

Page 54

mae i “contract meddiannaeth” (“ occupation contract ”) yr un ystyr

ag yn Neddf Rhentu Cartrefi (Cymru) 2016 (dccc 1) (gweler

adran 7 o’r Ddeddf honno);

ystyr “darpar ddeiliad contract” (“ prospective contract-holder ”) yw

person sy’n ceisio dod o hyd i annedd i’w rhentu o dan

gontract meddiannaeth;

ystyr “darpar landlord” (“ prospective landlord ”) yw person sy’n

bwriadu gosod annedd o dan gontract meddiannaeth;

ystyr “hawlydd budd-daliadau” (“ benefits claimant ”) yw person—

(a)

sydd â hawl i gael taliadau (gan gynnwys taliadau a

wneir yn uniongyrchol i landlord) o dan Ddeddf

Cyfraniadau a Budd-daliadau Nawdd Cymdeithasol

1992 neu Ddeddf Diwygio Lles 2012 neu yn rhinwedd

y deddfau hynny, neu a fyddai â hawl o’r fath pe bai’r

person yn dod yn ddeiliad contract o dan gontract

meddiannaeth,

(b)

sydd â hawl i gael taliadau (gan gynnwys taliadau a

wneir yn uniongyrchol i landlord) o dan neu yn

rhinwedd Deddf Ceiswyr Gwaith 1995, Deddf Credyd

Pensiwn y Wladwriaeth 2002, Deddf Credydau Treth

2002, Deddf Diwygio Lles 2007 neu Ddeddf Pensiynau

2014,

(c)

sy’n cael gostyngiad yn swm y dreth gyngor sy’n

daladwy mewn perthynas â chartref presennol y person

o dan gynllun a wneir gan awdurdod bilio o dan neu

yn rhinwedd adran 13A o Ddeddf Cyllid Llywodraeth

Leol 1992, neu

(d)

a fyddai â’r hawl i gael gostyngiad yn swm y dreth

gyngor sy’n daladwy mewn perthynas â’r annedd o

dan sylw o dan gynllun a wneir gan yr awdurdod bilio

y mae’r annedd yn ei ardal o dan neu yn rhinwedd

adran 13A o Ddeddf Cyllid Llywodraeth Leol 1992, pe

bai’r person—

(i)

yn rhentu’r annedd o dan gontract

meddiannaeth, a

(ii)

os yw gwneud cais yn rhagamod ar gyfer hawlio

gostyngiad, yn gwneud cais i’r awdurdod bilio

am ostyngiad o dan y cynllun;

ystyr “person perthnasol” (“ relevant person ”), mewn perthynas â

chontract meddiannaeth, yw—

(a)

y darpar landlord;

(b)

person sy’n gweithredu’n uniongyrchol neu’n

anuniongyrchol ar ran y darpar landlord neu sy’n honni

ei fod yn gweithredu’n uniongyrchol neu’n

anuniongyrchol ar ran y darpar landlord;

ystyr “plentyn” (“ child ”) yw person o dan 18 oed.

Page 55

(2)

Yn y Rhan hon, mae cyfeiriad at wneud rhywbeth ar sail ffeithiau

penodol yn cynnwys cyfeiriad at wneud hynny ar sail cred yn y

ffeithiau hynny.”

(4)

In section 10(4)—

(a)

after the opening words insert—

“(za)

mewn perthynas â throsedd o dan Ran 2A neu o dan

reoliadau o dan adran 46 neu 47 o Ddeddf Hawliau

Rhentwyr 2024—

(i)

person sy’n landlord o dan gontract

meddiannaeth neu sydd wedi bod yn landlord

o dan gontract o’r fath;

(ii)

person sy’n ddeiliad contract o dan gontract

meddiannaeth neu sydd wedi bod yn ddeiliad

contract o dan gontract o’r fath;

(iii)

person sy’n berson perthnasol mewn perthynas

â chontract meddiannaeth neu sydd wedi bod

yn berson perthnasol mewn perthynas â

chontract o’r fath;

(zb)

mewn perthynas â throsedd o dan unrhyw ddarpariaeth

arall o’r Ddeddf hon—”;

(b)

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

(5)

After section 10(4) insert—

“(4A)

Yn is-adran (4)—

mae i “contract meddiannaeth” (“ occupation contract ”) yr un ystyr

ag yn Neddf Rhentu Cartrefi (Cymru) 2016 (dccc 1) (gweler

adran 7 o’r Ddeddf honno);

mae i “person perthnasol” (“ relevant person ”) yr ystyr a roddir yn

adran 8J.”

(6)

In section 13(1) after “3” insert “neu Ran 2A o’r Ddeddf hon neu o dan

reoliadau o dan adran 46 neu 47 o Ddeddf Hawliau Rhentwyr 2024”.

(7)

In section 17—

(a)

after subsection (3) insert—

“(3A)

At ddibenion y Rhan hon fel y mae’n ymwneud â throseddau

o dan Ran 2A neu o dan reoliadau o dan adran 46 neu 47 o

Ddeddf Hawliau Rhentwyr 2024, mae awdurdod pwysau a

mesurau lleol yn awdurdod gorfodi ychwanegol mewn

perthynas â’r ardal y mae’n awdurdod pwysau a mesurau ar

ei chyfer.”;

(b)

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

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(c)

at the end of subsection (4) insert—

“mae i “awdurdod pwysau a mesurau lleol” yr ystyr a roddir i

“local weights and measures authority” gan adran 69(2) o

Ddeddf Pwysau a Mesurau 1985.”

(8)

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

Discrimination relating to children or benefits status: English language

(1)

The English language text of the Renting Homes (Fees etc.) (Wales) Act 2019

(anaw 2) is amended as follows.

(2)

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

“(2A)

Part 2A makes it an offence for a landlord or person acting or

purporting to act on a landlord’s behalf to discriminate in relation to

occupation contracts against persons who would have children live

with or visit them or who are benefits claimants, and makes other

provision about discrimination of that kind.”

(3)

After section 8 insert—

Part 2A

Prohibition of discrimination

Prohibition of discrimination relating to children

(1)

It is an offence for a relevant person, in relation to a dwelling that is

to be the subject of an occupation contract—

(a)

on the basis that a child would or may live with or visit a

person at the dwelling if the dwelling were the person’s home,

to prevent the person from—

(i)

enquiring whether the dwelling is available for rent,

(ii)

accessing information about the dwelling,

(iii)

viewing the dwelling in order to consider whether to

seek to rent it, or

(iv)

obtaining the grant, renewal or continuance of an

occupation contract in respect of the dwelling, or

(b)

to apply a provision, criterion or practice in order to make

people who would have a child live with or visit them at the

dwelling less likely to obtain the grant, renewal or continuance

of an occupation contract in respect of the dwelling than people

who would not.

(2)

It is a defence for the relevant person to prove that the conduct is a

proportionate means of achieving a legitimate aim.

Page 57

(3)

It is a defence for the relevant person to prove 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—

(a)

to which section 8H does not apply, and

(b)

which contains a term which requires the insured to prohibit

a contract-holder from having a child live with or visit them

at the dwelling or requires the landlord to restrict the

circumstances in which a contract-holder may do so,

and the conduct is a means of preventing the insured from breaching

that term.

(4)

A person guilty of an offence under subsection (1) is liable on summary

conviction to a fine.

Prohibition of discrimination relating to benefits status

(1)

It is an offence for a relevant person, in relation to a dwelling that is

to be the subject of an occupation contract—

(a)

on the basis that a person is or may be a benefits claimant, to

prevent the person from—

(i)

enquiring whether the dwelling is available for rent,

(ii)

accessing information about the dwelling,

(iii)

viewing the dwelling in order to consider whether to

seek to rent it, or

(iv)

obtaining the grant, renewal or continuance of an

occupation contract in respect of the dwelling, or

(b)

to apply a provision, criterion or practice in order to make

benefits claimants less likely to obtain the grant, renewal or

continuance of an occupation contract in respect of the dwelling

than people who are not benefits claimants.

(2)

It is a defence for the relevant person to prove 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—

(a)

to which section 8H does not apply, and

(b)

which contains a term which requires the insured to prohibit

a contract-holder of the dwelling from being a benefits claimant,

and the conduct is a means of preventing the insured from breaching

that term.

(3)

A person guilty of an offence under subsection (1) is liable on summary

conviction to a fine.

Exception for publication of advertisements etc

Conduct does not constitute an offence under section 8A (1) or section

8B (1) if it consists only of—

Page 58

(a)

one or more of the following things done by a person who

does nothing in relation to the dwelling that is not mentioned

in this paragraph—

(i)

publishing advertisements or disseminating information;

(ii)

providing a means by which a prospective landlord can

communicate directly with a prospective contract-holder;

(iii)

providing a means by which a prospective

contract-holder can communicate directly with a

prospective landlord, or

(b)

things of a description, or things done by a person of a

description, specified for the purposes of this section in

regulations.

Continuing breach of prohibition after fixed penalty

(1)

A person commits an offence if—

(a)

a fixed penalty notice has been given to the person under

section 13 for an offence under this Part in relation to a

dwelling and has not been withdrawn, and

(b)

the conduct in respect of which the fixed penalty notice was

given continues in relation to that dwelling after the end of

the period of 28 days beginning with the date on which the

notice under section 13 was given.

(2)

A person guilty of an offence under subsection (1) is liable on summary

conviction to a fine.

Repeated breach of prohibition after fixed penalty

(1)

A person commits an offence if—

(a)

a fixed penalty notice has been given to the person under

section 13 for an offence under this Part and has not been

withdrawn, and

(b)

the person commits another offence under the same section

within the period of 5 years beginning with the date on which

the notice under section 13 was given.

(2)

A person guilty of an offence under subsection (1) is liable on summary

conviction to a fine.

Terms in superior leases relating to children or benefits status

(1)

A term of a lease of premises that consist of or include a dwelling is

not binding to the extent that (but for this section) it would require a

tenant under that or any inferior lease to—

(a)

prohibit a contract-holder from having a child live with or visit

them at the dwelling, or

Page 59

(b)

restrict the circumstances in which a contract-holder may have

a child live with or visit them at the dwelling,

(but the lease continues, so far as practicable, to have effect in every

other respect).

(2)

Subsection (1) does not apply if—

(a)

the requirement is a proportionate means of achieving a

legitimate aim, or

(b)

the landlord under the lease or a superior landlord is insured

under a contract of insurance—

(i)

to which section 8H does not apply, and

(ii)

which contains a term which makes provision (however

expressed) requiring the insured to prohibit a

contract-holder from having a child live with or visit

them at the dwelling or to restrict the circumstances in

which a contract-holder may have a child live with or

visit them at the dwelling,

and the requirement in the lease is a means of preventing the

insured from breaching that term.

(3)

A term of a lease of premises that consist of or include a dwelling is

not binding to the extent that (but for this section) it would require a

tenant under that or any inferior lease to prohibit a contract-holder

from being a benefits claimant (but the lease continues, so far as

practicable, to have effect in every other respect).

(4)

Subsection (3) does not apply if the landlord under the lease or a

superior landlord is insured under a contract of insurance—

(a)

to which section 8H does not apply, and

(b)

which contains a term which makes provision (however

expressed) requiring the insured to prohibit a contract-holder

from being a benefits claimant,

and the requirement in the lease is a means of preventing the insured

from breaching that term.

(5)

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

(a)

the terms of any agreement relating to the lease, and

(b)

any document or communication from the landlord that gives

or refuses consent for sub-letting under the lease to a category

or description of person.

Terms in mortgages relating to children or benefits status

(1)

A term of a mortgage of premises that consist of or include a dwelling

is not binding to the extent that (but for this section) it would require

the mortgagor to—

(a)

prohibit a contract-holder from having a child live with or visit

them at the dwelling, or

Page 60

(b)

restrict the circumstances in which a contract-holder may have

a child live with or visit them at the dwelling,

(but the mortgage continues, so far as practicable, to have effect in

every other respect).

(2)

A term of a mortgage of premises that consist of or include a dwelling

is not binding to the extent that (but for this section) it would require

the mortgagor to prohibit a contract-holder from being a benefits

claimant (but the mortgage continues, so far as practicable, to have

effect in every other respect).

Terms in insurance contracts relating to children or benefits status

(1)

A term of a contract of insurance to which this section applies is not

binding to the extent that (but for this section) it would require the

insured to—

(a)

prohibit a contract-holder from having a child live with or visit

them at the dwelling subject to an occupation contract, or

(b)

restrict the circumstances in which a contract-holder may have

a child live with or visit them at the dwelling subject to an

occupation contract,

(but the insurance contract continues, so far as practicable, to have

effect in every other respect).

(2)

A term of a contract of insurance to which this section applies is not

binding to the extent that (but for this section) it would require the

insured to prohibit a contract-holder of a dwelling that is subject to

an occupation contract from being a benefits claimant (but the

insurance contract continues, so far as practicable, to have effect in

every other respect).

(3)

This section applies to contracts of insurance which were entered into

or whose duration was extended on or after the day on which this

section comes into force.

No prohibition on taking income into account

Nothing in this Part prohibits taking a person’s income into account

when considering whether that person would be able to afford to pay

rent under an occupation contract.

Interpretation of Part 2A

(1)

In this Part—

“benefits claimant” (“ ceisydd budd-daliadau ”) means a person who—

(a)

is entitled to payments (including payments made

directly to a landlord) under or by virtue of the Social

Security Contributions and Benefits Act 1992 or the

Welfare Reform Act 2012, or would be so entitled were

Page 61

the person to become a contract-holder under an

occupation contract,

(b)

is entitled to payments (including payments made

directly to a landlord) under or by virtue of the

Jobseekers Act 1995, the State Pension Credit Act 2002,

the Tax Credits Act 2002, the Welfare Reform Act 2007

or the Pensions Act 2014,

(c)

is in receipt of a reduction in the amount of council tax

payable in respect of the person’s current home under

a scheme made by a billing authority under or by virtue

of section 13A of the Local Government Finance Act

1992, or

(d)

would be entitled to a reduction in the amount of

council tax payable in respect of the dwelling in

question under a scheme made by the billing authority

in whose area the dwelling is situated under or by

virtue of section 13A of the Local Government Finance

Act 1992, if the person were to—

(i)

rent the dwelling under an occupation contract,

and

(ii)

if an application is a precondition of entitlement,

apply to the billing authority for a reduction

under the scheme;

“child” (“ plentyn ”) means a person under the age of 18;

“occupation contract” (“ contract meddiannaeth ”) has the same

meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)

(see section 7 of that Act);

“prospective contract-holder” (“ darpar ddeiliad contract ”) means a

person seeking to find a dwelling to rent under an occupation

contract;

“prospective landlord” (“ darpar landlord ”) means a person who

proposes to let a dwelling under an occupation contract;

“relevant person” (“ person perthnasol ”), in relation to an occupation

contract, means—

(a)

the prospective landlord;

(b)

a person acting or purporting to act directly or indirectly

on behalf of the prospective landlord.

(2)

In this Part 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.”

(4)

In section 10(4)—

(a)

after the opening words insert—

“(za)

in respect of an offence under Part 2A or under

regulations under section 46 or 47 of the Renters’ Rights

Act 2024—

Page 62

(i)

a person who is or has been a landlord under

an occupation contract;

(ii)

a person who is or has been a contract-holder

under an occupation contract;

(iii)

a person who is or has been a relevant person

in relation to an occupation contract;

(zb)

in respect of an offence under any other provision of

this Act—”;

(b)

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

(5)

After section 10(4) insert—

“(4A)

In subsection (4)—

“occupation contract” (“ contract meddiannaeth ”) has the same

meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)

(see section 7 of that Act);

“relevant person” (“ person perthnasol ”) has the meaning given in

section 8J.”

(6)

In section 13(1) after “3” insert “or Part 2A of this Act or under regulations

under section 46 or 47 of the Renters’ Rights Act 2024”.

(7)

In section 17—

(a)

after subsection (3) insert—

“(3A)

For the purposes of this Part as it relates to offences under Part

2A or under regulations under section 46 or 47 of the Renters’

Rights Act 2024, a local weights and measures authority is an

additional enforcement authority in relation to the area for

which it is the local weights and measures authority.”;

(b)

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

definition;

(c)

at the end of subsection (4) insert—

““local weights and measures authority” has the meaning given

by section 69(2) of the Weights and Measures Act 1985.”

(8)

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

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

(1)

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

Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019.

(2)

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

Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.

(3)

In the Welsh language text of the following provisions, for “Deddf Rhentu

Cartrefi (Ffioedd etc.) (Cymru) 2019” substitute “Deddf Rhentu Cartrefi

(Ffioedd, Gwahaniaethu etc.) (Cymru) 2019”—

(a)

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

Page 63

(b)

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

(i)

the italic heading before paragraph 5;

(ii)

paragraph 5(1)(a);

(iii)

paragraph 5(2)(a);

(c)

in regulation 2 of the Renting Homes (Rent Determination) (Converted

Contracts) (Wales) Regulations 2022 (S.I. 2022/781 (W. 170)), paragraph

(b) of the definition of “rhent”;

(d)

in Schedule 2 to the Renting Homes (Model Written Statements of

Contract) (Wales) Regulations 2022 (S.I. 2022/28 (W. 13)), in Part 3 of

the model written statement, in term 68—

(i)

the heading;

(ii)

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

(4)

In the English language text of the following provisions, for “Renting Homes

(Fees etc.) (Wales) Act 2019” substitute “Renting Homes (Fees, Discrimination

etc.) (Wales) Act 2019”—

(a)

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

(b)

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

(i)

the italic heading before paragraph 5;

(ii)

paragraph 5(1)(a);

(iii)

paragraph 5(2)(a);

(c)

in regulation 2 of the Renting Homes (Rent Determination) (Converted

Contracts) (Wales) Regulations 2022, paragraph (b) of the definition

of “rent”;

(d)

in Schedule 2 to the Renting Homes (Model Written Statements of

Contract) (Wales) Regulations 2022, in Part 3 of the model written

statement, in term 68—

(i)

the heading;

(ii)

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

(5)

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

(a)

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

(b)

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

Discriminatory terms

Amendments of Renting Homes (Wales) Act 2016 regarding discrimination

(1)

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

amended as follows.

(2)

In section 30, after paragraph (d) insert—

“(da)

mae’n gwahardd landlordiaid rhag ymyrryd â hawl deiliaid

contract i gael plant yn byw gyda hwy neu’n ymweld â hwy,

neu i’ hawlio budd-daliadau,”.

Page 64

(3)

After section 54 insert—

Pennod 6A

Gwahardd gwahaniaethu yn erbyn pobl sydd â phlant neu sy’n

hawlyddion budd-daliadau

54A

Yr hawl i blant fyw yn yr annedd neu ymweld â hi

(1)

Yn ddarostyngedig i is-adran (2), caniateir i ddeiliad y contract o dan

gontract meddiannaeth ganiatáu i berson nad yw wedi cyrraedd 18

oed fyw yn yr annedd neu ymweld â hi.

(2)

Ni chaniateir i’r landlord o dan gontract meddiannaeth ymyrryd â

hawl deiliad y contract o dan is-adran (1) na chyfyngu ar arfer yr hawl

honno, oni bai bod yr ymyrryd neu'r cyfyngu yn fodd cymesur o

gyflawni nod dilys.

(3)

Mae’r adran hon yn ddarpariaeth sylfaenol sydd wedi ei hymgorffori

fel un o delerau pob contract meddiannaeth, ac eithrio pan fo’r

landlord neu uwchlandlord wedi ei yswirio o dan gontract yswiriant—

(a)

nad yw adran 8H o Ddeddf Rhentu Cartrefi (Ffioedd,

Gwahaniaethu etc.) (Cymru) 2019 yn gymwys iddo, a

(b)

sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i

mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei

yswirio wahardd y deiliad contract rhag bod â pherson nad

yw wedi cyrraedd 18 oed yn byw gydag ef neu’n ymweld ag

ef yn yr annedd neu gyfyngu’r amgylchiadau lle caniateir i

ddeiliad y contract fod â pherson o’r fath yn byw gydag ef

neu’n ymweld ag ef yn yr annedd.

54B

Yr hawl i hawlio budd-daliadau

(1)

Ni chaniateir i’r landlord o dan gontract meddiannaeth wahardd

deiliad y contract rhag bod yn hawlydd budd-daliadau o fewn yr

ystyr a roddir gan adran 8J o Ddeddf Rhentu Cartrefi (Ffioedd,

Gwahaniaethu etc.) (Cymru) 2019.

(2)

Mae’r adran hon yn ddarpariaeth sylfaenol sydd wedi ei hymgorffori

fel un o delerau pob contract meddiannaeth, ac eithrio pan fo’r

landlord neu uwchlandlord wedi ei yswirio o dan gontract yswiriant—

(a)

nad yw adran 8H o Ddeddf Rhentu Cartrefi (Ffioedd,

Gwahaniaethu etc.) (Cymru) 2019 yn gymwys iddo, a

(b)

sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i

mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei

yswirio wahardd deiliad y contract rhag hawlio taliadau a

grybwyllir yn is-adran (1).”

Page 65

(4)

In Schedule 1 (overview of fundamental provisions incorporated as terms of

occupation contracts), in Table 3 in Part 1, Table 4 in Part 2 and Table 5 in

Part 3, at the appropriate place in each insert—

“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”.

(5)

The English language text of the Renting Homes (Wales) Act 2016 (anaw 1)

is amended as follows.

(6)

In section 30, after paragraph (d) insert—

“(da)

it prohibits landlords from interfering with contract-holders

having children live with or visit them, or claiming benefits,”.

(7)

After section 54 insert—

Chapter 6A

Prohibition of discrimination against people with children and benefits

claimants

54A

Right for children to live at or visit dwelling

(1)

Subject to subsection (2) , the contract-holder under an occupation

contract may permit a person who has not reached the age of 18 to

live in or visit the dwelling.

(2)

The landlord under an occupation contract must not interfere with or

restrict the exercise of the contract-holder’s right under subsection (1)

, unless the interference or restriction is a proportionate means of

achieving a legitimate aim.

(3)

This section is a fundamental provision which is incorporated as a

term of all occupation contracts, except where the landlord or a

superior landlord is insured under a contract of insurance—

(a)

to which section 8H of the Renting Homes (Fees, Discrimination

etc.) (Wales) Act 2019 does not apply, and

(b)

which contains a term which makes provision (however

expressed) requiring the insured to prohibit the contract-holder

from having a person who has not reached the age of 18 live

with or visit them at the dwelling or to restrict the

circumstances in which the contract-holder may have such a

person live with or visit them at the dwelling.

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54B

Right to claim benefits

(1)

The landlord under an occupation contract must not prohibit the

contract-holder from being a benefits claimant within the meaning

given by section 8J of the Renting Homes (Fees, Discrimination etc.)

(Wales) Act 2019.

(2)

This section is a fundamental provision which is incorporated as a

term of all occupation contracts, unless the landlord or a superior

landlord is insured under a contract of insurance—

(a)

to which section 8H of the Renting Homes (Fees, Discrimination

etc.) (Wales) Act 2019 does not apply, and

(b)

which contains a term which makes provision (however

expressed) requiring the insured to prohibit the contract-holder

from claiming payments mentioned in subsection (1) .”

(8)

In Schedule 1 (overview of fundamental provisions incorporated as terms of

occupation contracts), in Table 3 in Part 1, Table 4 in Part 2 and Table 5 in

Part 3, at the appropriate place in each insert—

“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”.

Supplementary

Power of Welsh Ministers to protect others

(1)

If the Welsh Ministers are satisfied that—

(a)

a discriminatory rental practice exists in relation to dwellings that may

be the subject of occupation contracts (“relevant rental dwellings”),

and

(b)

because of that discriminatory rental practice, the victims of that

practice are significantly less likely to obtain the grant, renewal or

continuance of occupation contracts than other people,

the Welsh Ministers may make regulations prohibiting that discriminatory

rental practice.

(2)

A “discriminatory rental practice” exists in relation to relevant rental dwellings

if some or all relevant persons—

(a)

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

those people from—

(i)

enquiring whether relevant rental dwellings are available for

rent,

(ii)

accessing information about relevant rental dwellings,

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(iii)

viewing relevant rental dwellings in order to consider whether

to seek to rent them, or

(iv)

obtaining the grant, renewal or continuance of occupation

contracts in respect of relevant rental dwellings, or

(b)

apply a provision, criterion or practice in order to make a particular

group of people less likely to obtain the grant, renewal or continuance

of occupation contracts of relevant rental dwellings than people not

in that group.

(3)

The “victims” of a discriminatory rental practice are—

(a)

where a particular group of people are prevented from doing the

things mentioned in subsection (2)(a), the people in that group;

(b)

where a provision, criterion or practice is applied in order to make a

particular group of people less likely to obtain the grant, renewal or

continuance of occupation contracts as mentioned in subsection (2)(b),

the people in that group.

(4)

Regulations “prohibiting” a discriminatory rental practice are regulations

relating to—

(a)

the discriminatory rental practice, and

(b)

the persons who are the victims of it,

which make provision corresponding to the relevant anti-discrimination

legislation.

(5)

The relevant anti-discrimination legislation is—

(a)

Part 2A of the Renting Homes (Fees, Discrimination etc.) (Wales) Act

2019, except for section 8C(b), and

(b)

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

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.

(6)

Before making regulations prohibiting a discriminatory rental practice, the

Welsh Ministers must consult such of the following persons as the Welsh

Ministers consider appropriate—

(a)

victims of the discriminatory rental practice or one or more

representatives of such persons;

(b)

landlords and prospective landlords under occupation contracts or

one or more representatives of such persons;

(c)

other landlords and prospective landlords under leases of premises

that consist of or include a dwelling or one or more representatives

of such persons;

(d)

mortgagees of dwellings or one or more representatives of such

persons;

(e)

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

(f)

local housing authorities or one or more representatives of local

housing authorities.

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(7)

For that purpose a “representative” of persons of a particular kind, or of local

housing authorities, is a body or other person which appears to the Welsh

Ministers to represent the interests of persons of that kind, or of local housing

authorities.

(8)

Regulations under this section may amend, repeal or revoke provision made

from time to time by or under the relevant anti-discrimination legislation.

(9)

In this section—

“benefits claimant” has the meaning given by section 8J of the Renting

Homes (Fees, Discrimination etc.) (Wales) Act 2019;

“local housing authority” means the council for a county or county

borough in Wales;

“occupation contract” has the same meaning as in the Renting Homes

(Wales) Act 2016 (see section 7 of that Act);

“relevant person” has the meaning given by section 8J of the Renting

Homes (Fees, Discrimination etc.) (Wales) Act 2019.

Power of Secretary of State to protect others

The Secretary of State may by regulations make provision that the Welsh

Ministers could make under section 46 but for the limitation in section 48 .

Regulations

Regulations under section 8C of the Renting Homes (Fees, Discrimination

etc.) (Wales) Act 2019 (as inserted by this Act) or section 46 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.

Chapter 5

Discrimination in the rental market: Scotland

Discrimination and discriminatory terms: children and benefits status

Discrimination relating to children or benefits status

(1)

The Private Housing (Tenancies) (Scotland) Act 2016 (asp 19) is amended in

accordance with subsections (2) to (4).

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(2)

After section 6 insert—

Part 1A

Choice of tenant

Offence of discriminating in relation to children

(1)

It is an offence for a relevant person to, in relation to a property that

is to be let on an agreement which may give rise to a private residential

tenancy—

(a)

prevent a person, on the basis that the relevant person believes

that the property would or may be used by a child if the

property were the person’s home, from—

(i)

enquiring whether the property is available for let,

(ii)

accessing information about the property,

(iii)

viewing the property in order to consider whether to

seek to rent it, or

(iv)

entering into a tenancy of the property, or

(b)

apply a provision, criterion or practice in order to make people

who would allow the property to be used by a child less likely

to enter into a tenancy of the property than people who would

not.

(2)

It is a defence for the relevant person to show—

(a)

that the conduct is a proportionate means of achieving a

legitimate aim, or

(b)

that the property is insured under an excluded contract of

insurance and the conduct is a means of preventing the insured

from breaching the term which causes the contract to be an

excluded contract of insurance.

(3)

Conduct does not constitute an offence under subsection (1) if it

consists only of—

(a)

things done by a person who does nothing in relation to the

property other than one or more of the following things—

(i)

publishing advertisements or disseminating information,

(ii)

providing a means by which a prospective landlord can

communicate directly with a prospective tenant,

(iii)

providing a means by which a prospective tenant can

communicate directly with a prospective landlord, or

(b)

things of a description, or things done by a person of a

description, specified for the purposes of this section in

regulations made by the Scottish Ministers.

(4)

A person who commits an offence under subsection (1) is liable on

summary conviction to a fine not exceeding level 3 on the standard

scale.

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(5)

For the purpose of this section—

(a)

a property is used by a child if a child lives with or visits a

person at the property,

(b)

a contract of insurance is an excluded contract of insurance

if—

(i)

section 51 of the Renters’ Rights Act 2025 (terms in

insurance contracts relating to children or benefits

status) does not apply to it, and

(ii)

it contains a term which makes provision (however

expressed) requiring the insured to prohibit a tenant

under a private residential tenancy from allowing a

child to use the property, or to restrict the circumstances

in which such a tenant may allow a child to do so.

Offence of discriminating in relation to benefits status

(1)

It is an offence for a relevant person to, in relation to a property that

is to be let on an agreement which may give rise to a private residential

tenancy—

(a)

prevent a person, on the basis of the person’s benefits status,

from—

(i)

enquiring whether the property is available for let,

(ii)

accessing information about the property,

(iii)

viewing the property in order to consider whether to

seek to rent it, or

(iv)

entering into a tenancy of the property, or

(b)

apply a provision, criterion or practice in order to make people

who are or who, if the property were their home, may become

benefits claimants less likely to enter into a tenancy of the

property than people who are not.

(2)

It is a defence for the relevant person to show that the property is

insured under an excluded contract of insurance and the conduct is

a means of preventing the insured from breaching the term which

causes the contract to be an excluded contract of insurance.

(3)

Conduct does not constitute an offence under subsection (1) if it

consists only of—

(a)

things done by a person who does nothing in relation to the

property other than one or more of the following things—

(i)

publishing advertisements or disseminating information,

(ii)

providing a means by which a prospective landlord can

communicate directly with a prospective tenant,

(iii)

providing a means by which a prospective tenant can

communicate directly with a prospective landlord, or

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(b)

things of a description, or things done by a person of a

description, specified for the purposes of this section in

regulations made by the Scottish Ministers.

(4)

A person who commits an offence under subsection (1) is liable on

summary conviction to a fine not exceeding level 3 on the standard

scale.

(5)

For the purpose of this section—

(a)

something is done on the basis of a person’s benefits status if

it is done on the basis that the relevant person believes that

the person is, or may be or, if the property were the person’s

home, may become a benefits claimant,

(b)

a contract of insurance is an excluded contract of insurance

if—

(i)

section 51 of the Renters’ Rights Act 2025 (terms in

insurance contracts relating to children or benefits

status) does not apply to it, and

(ii)

it contains a term which makes provision (however

expressed) requiring the insured to prohibit a tenant

under a private residential tenancy from being a benefits

claimant.

Discriminatory terms relating to children or benefits status

(1)

A term of a private residential tenancy is of no effect so far as the

term makes provision (however expressed)—

(a)

prohibiting the tenant from having a child live with or visit

the tenant at the property or restricting the circumstances in

which the tenant may have a child do so, or

(b)

prohibiting the tenant from being a benefits claimant.

(2)

But—

(a)

subsection (1)(a) does not apply if the provision is a

proportionate means of achieving a legitimate aim,

(b)

subsection (1)(a) and (b) does not apply to the extent that the

landlord is insured under an excluded contract of insurance

and the provision in the tenancy is a means of preventing the

landlord from breaching the term which causes the contract to

be an excluded contract of insurance.

(3)

For the purpose of subsection (2)(b), a contract of insurance is an

excluded contract of insurance if—

(a)

section 51 of the Renters’ Rights Act 2025 (terms in insurance

contracts relating to children or benefits status) does not apply

to it, and

(b)

it contains a term which makes provision (however expressed)

requiring the landlord—

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(i)

to prohibit the tenant from having a child live with or

visit the tenant at the property or to restrict the

circumstances in which the tenant may have a child

live with or visit the tenant at the property, or

(ii)

to prohibit the tenant from being a benefits claimant.

No prohibition on taking income into account

Nothing in this Part prohibits taking a person’s income into account

when considering whether that person would be able to afford to pay

rent under a private residential tenancy.

Interpretation of Part 1A

In this Part—

“benefits claimant” means a person who—

(a)

is entitled to payments (including payments made

directly to a landlord) under or by virtue of benefits

and welfare legislation, or

(b)

is entitled, by virtue of section 80 of the Local

Government Finance Act 1992, to a reduction in the

amount of council tax payable in respect of the property

on the basis of income or an entitlement to a payment

mentioned in paragraph (a),

“benefits and welfare legislation” means—

(a)

the Social Security Contributions and Benefits Act 1992,

(b)

the Jobseekers Act 1995,

(c)

the State Pension Credit Act 2002,

(d)

the Tax Credits Act 2002,

(e)

the Welfare Reform Act 2007,

(f)

the Welfare Reform Act 2012,

(g)

the Pensions Act 2014,

(h)

the Social Security (Scotland) Act 2018,

“child” means a person under the age of 18,

“prospective landlord” means a person who proposes to let a

property on an agreement which may give rise to a private

residential tenancy,

“prospective tenant” means a person seeking to find a property

to rent,

“relevant person” , in relation to a property, means—

(a)

the prospective landlord,

(b)

a person acting or purporting to act directly or indirectly

on behalf of the prospective landlord.”

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(3)

Before section 76, insert—

“75A

Crown application

(1)

Nothing in Part 1A makes the Crown criminally liable.

(2)

But the Court of Session may, on an application by the Lord Advocate,

declare unlawful any act or omission for which the Crown would be

criminally liable were it not for subsection (1).

(3)

Subsection (1) does not affect the criminal liability of persons in the

service of the Crown.”

(4)

In section 77 (regulation-making powers), in subsection (4), after “sections”

insert “6A(3)(b), 6B(3)(b),”.

(5)

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

(6).

(6)

After section 26 insert—

“26A

Discriminatory terms relating to children or benefits status

(1)

A term of an assured tenancy is of no effect so far as the term makes

provision (however expressed)—

(a)

prohibiting the tenant from having a child live with or visit

the tenant at the dwelling or restricting the circumstances in

which the tenant may have a child do so, or

(b)

prohibiting the tenant from being a benefits claimant.

(2)

But—

(a)

subsection (1)(a) does not apply if the provision is a

proportionate means of achieving a legitimate aim, and

(b)

subsection (1)(a) and (b) does not apply to the extent that the

landlord is insured under an excluded contract of insurance

and the provision in the tenancy is a means of preventing the

landlord from breaching the term which causes the contract to

be an excluded contract of insurance.

(3)

For the purpose of subsection (2)(b), a contract of insurance is an

excluded contract of insurance if—

(a)

section 51 of the Renters’ Rights Act 2025 (terms in insurance

contracts relating to children or benefits status) does not apply

to it, and

(b)

it contains a term which makes provision (however expressed)

requiring the landlord—

(i)

to prohibit the tenant from having a child live with or

visit the tenant at the dwelling or to restrict the

circumstances in which the tenant may have a child

live with or visit the tenant at the dwelling, or

(ii)

to prohibit the tenant from being a benefits claimant.

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(4)

In this section—

“benefits claimant” means a person who—

(a)

is entitled to payments (including payments made

directly to a landlord) under or by virtue of benefits

and welfare legislation, or

(b)

is entitled, by virtue of section 80 of the Local

Government Finance Act 1992, to a reduction in the

amount of council tax payable in respect of the property

on the basis of income or an entitlement to a payment

mentioned in paragraph (a),

“benefits and welfare legislation” means—

(a)

the Social Security Contributions and Benefits Act 1992,

(b)

the Jobseekers Act 1995,

(c)

the State Pension Credit Act 2002,

(d)

the Tax Credits Act 2002,

(e)

the Welfare Reform Act 2007,

(f)

the Welfare Reform Act 2012,

(g)

the Pensions Act 2014,

(h)

the Social Security (Scotland) Act 2018,

“child” means a person under the age of 18.”

(7)

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

(8)

After section 101 insert—

“101A

Discriminatory terms relating to children or benefits status

(1)

A term of a protected or statutory tenancy is of no effect so far as the

term makes provision (however expressed)—

(a)

prohibiting the tenant from having a child live with or visit

the tenant at the dwelling or restricting the circumstances in

which the tenant may have a child do so, or

(b)

prohibiting the tenant from being a benefits claimant.

(2)

But—

(a)

subsection (1)(a) does not apply if the provision is a

proportionate means of achieving a legitimate aim, and

(b)

subsection (1)(a) and (b) does not apply to the extent that the

landlord is insured under an excluded contract of insurance

and the provision in the tenancy is a means of preventing the

landlord from breaching the term which causes the contract to

be an excluded contract of insurance.

(3)

For the purpose of subsection (2)(b), a contract of insurance is an

excluded contract of insurance if—

(a)

section 51 of the Renters’ Rights Act 2025 (terms in insurance

contracts relating to children or benefits status) does not apply

to it, and

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(b)

it contains a term which makes provision (however expressed)

requiring the landlord—

(i)

to prohibit the tenant from having a child live with or

visit the tenant at the dwelling or to restrict the

circumstances in which the tenant may have a child

live with or visit the tenant at the dwelling, or

(ii)

to prohibit the tenant from being a benefits claimant.

(4)

In this section—

“benefits claimant” means a person who—

(a)

is entitled to payments (including payments made

directly to a landlord) under or by virtue of benefits

and welfare legislation, or

(b)

is entitled, by virtue of section 80 of the Local

Government Finance Act 1992, to a reduction in the

amount of council tax payable in respect of the property

on the basis of income or an entitlement to a payment

mentioned in paragraph (a),

“benefits and welfare legislation” means—

(a)

the Social Security Contributions and Benefits Act 1992,

(b)

the Jobseekers Act 1995,

(c)

the State Pension Credit Act 2002,

(d)

the Tax Credits Act 2002,

(e)

the Welfare Reform Act 2007,

(f)

the Welfare Reform Act 2012,

(g)

the Pensions Act 2014,

(h)

the Social Security (Scotland) Act 2018,

“child” means a person under the age of 18.”

Terms in standard securities relating to children or benefits status

(1)

A term of a standard security over land that consists of or includes a dwelling

is of no effect so far as the term makes provision (however expressed)

requiring the debtor in the standard security to—

(a)

prohibit a tenant under a relevant tenancy from having a child live

with or visit the tenant at the dwelling, or

(b)

restrict the circumstances in which a tenant under a relevant tenancy

may have a child live with or visit the tenant at the dwelling.

(2)

A term of a standard security over land that consists of or includes a dwelling

is of no effect so far as the term makes provision (however expressed)

requiring the debtor in the standard security to prohibit a benefits claimant

from being a tenant under a relevant tenancy.

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Terms in insurance contracts relating to children or benefits status

(1)

A term of a contract of insurance to which this section applies is of no effect

so far as the term makes provision (however expressed) requiring the insured

to—

(a)

prohibit a tenant under a relevant tenancy from having a child live

with or visit the tenant at the dwelling which forms the subject of the

tenancy, or

(b)

restrict the circumstances in which a tenant under a relevant tenancy

may have a child live with or visit the tenant at the dwelling.

(2)

A term of a contract of insurance to which this section applies is of no effect

so far as the term makes provision (however expressed) requiring the insured

to prohibit a benefits claimant from being a tenant under a relevant tenancy.

(3)

This section applies to contracts of insurance which are entered into or whose

duration is extended on or after the day on which this section comes into

force.

Discrimination and discriminatory terms: power to protect others

Power of Scottish Ministers to protect others

(1)

The Scottish Ministers may by regulations make provision about relevant

tenancies, corresponding to the provision made by this Chapter in relation

to persons who would have a child live with or visit them or persons who

are benefits claimants, in relation to persons of another description.

(2)

Before making regulations under subsection (1), the Scottish Ministers must

consult such persons as they consider appropriate.

(3)

Regulations under subsection (1)—

(a)

may amend, repeal or revoke provision made by or under—

(i)

an Act of the Scottish Parliament,

(ii)

an Act (including this Act),

whenever passed or made;

(b)

may only make provision which would be within the legislative

competence of the Scottish Parliament if contained in an Act of that

Parliament.

Power of Secretary of State to protect others

The Secretary of State may by regulations make provision that the Scottish

Ministers could make under section 52 (1) but for the limitation in section

52 (3) (b) .

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Supplementary

Interpretation of Chapter 5

In this Chapter—

“benefits claimant” means a person who—

(a)

is entitled to payments (including payments made directly to

a landlord) under or by virtue of benefits and welfare

legislation or would be so entitled were the person to become

a tenant under a private residential tenancy, or

(b)

is entitled, or would (on application or otherwise), if the person

were to rent the property, be entitled, by virtue of section 80

of the Local Government Finance Act 1992 , to a reduction in

the amount of council tax payable in respect of the property

on the basis of income or an entitlement to a payment

mentioned in paragraph (a) ;

“benefits and welfare legislation” means—

(a)

the Social Security Contributions and Benefits Act 1992;

(b)

the Jobseekers Act 1995;

(c)

the State Pension Credit Act 2002;

(d)

the Tax Credits Act 2002;

(e)

the Welfare Reform Act 2007;

(f)

the Welfare Reform Act 2012;

(g)

the Pensions Act 2014;

(h)

the Social Security (Scotland) Act 2018 (asp 9);

“child” means a person under the age of 18;

“relevant tenancy” means—

(a)

a private residential tenancy under the Private Housing

(Tenancies) (Scotland) Act 2016 (asp 19);

(b)

an assured tenancy under the Housing (Scotland) Act 1988;

(c)

a protected or statutory tenancy under the Rent (Scotland) Act

1984;

“tenant” includes sub-tenant.

Chapter 6

Stating the proposed rent and rental bidding

Requirement to state rent and to avoid rental bidding

(1)

This section applies to a letting of a dwelling (a “proposed letting”) if the

letting is to be on an agreement which may give rise to a relevant tenancy.

(2)

A relevant person must not advertise in writing, or otherwise offer in writing,

the proposed letting unless—

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(a)

the rent that is to be payable under the letting is a specific amount

(the “proposed rent”), and

(b)

the advertisement or offer states the proposed rent.

(3)

A relevant person must not—

(a)

invite or encourage any person to offer to pay an amount of rent under

the proposed letting that exceeds the stated rent, or

(b)

accept an offer from any person to pay an amount of rent under the

proposed letting that exceeds the stated rent.

(4)

For the purposes of subsection (3) (a) or (b) , the “stated rent” is the proposed

rent which is stated—

(a)

by the relevant person who is inviting or encouraging, or accepting,

the offer of rent, or

(b)

by any other relevant person,

in any written advertisement for, or written offer of, the proposed letting.

(5)

Subsection (2) does not apply to a sign displayed at the dwelling, or at

premises in which the dwelling is situated, which merely advertises that the

dwelling is to let.

(6)

In this section —

“prospective landlord” means the person who proposes to make a

proposed letting;

“relevant person” , in relation to a proposed letting, means—

(a)

the prospective landlord, or

(b)

a person acting or purporting to act directly or indirectly on

behalf of the prospective landlord;

“relevant tenancy” means an assured tenancy within the meaning of the

1988 Act, other than a tenancy that is—

(a)

a tenancy of social housing, within the meaning of Part 2 of

the Housing and Regeneration Act 2008, or

(b)

a tenancy of supported accommodation, within the meaning

given by paragraph 12 of Schedule 2 to the 1988 Act.

Financial penalties

(1)

A local housing authority may impose a financial penalty under this subsection

on a person if satisfied on the balance of probabilities that the person has

breached the prohibition imposed by section 55 (2) or (3) .

(2)

If—

(a)

the local housing authority imposes a financial penalty under

subsection (1) on a person, and

(b)

within the period of five years ending with the date on which that

penalty was imposed, a previous financial penalty under subsection

(1) was imposed on that person in relation to a breach of the same

subsection of section 55,

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then the local housing authority may impose an additional financial penalty

under this subsection on that person.

(3)

The amount of a financial penalty imposed under this section is to be

determined by the authority imposing it, but must not be more than £7,000.

(4)

Subsection (2) does not enable a penalty to be imposed after the final notice

in respect of the previous penalty has been withdrawn or quashed on appeal.

(5)

Where—

(a)

a local housing authority is satisfied as mentioned in subsection (1)

in relation to two or more persons, and

(b)

the breaches in relation to which the local housing authority is so

satisfied arise from the same conduct by one or more of the persons

acting on behalf of the others,

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.

(6)

The Secretary of State may give guidance to local housing authorities about

the exercise of their functions under this section.

(7)

Local housing authorities must have regard to any guidance issued under

subsection (6).

(8)

The Secretary of State may by regulations amend the amount specified in

subsection (3) to reflect changes in the value of money.

(9)

For the purposes of this section—

(a)

a financial penalty is imposed under this section on the date specified

in the final notice as the date on which the notice is given, and

(b)

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

Chapter 7

Miscellaneous

Penalties for unlawful eviction or harassment of occupier

(1)

The Protection from Eviction Act 1977 is amended as follows.

(2)

In section 1, after subsection (6) insert—

“(7)

A person may not be convicted of an offence under this section in

respect of any conduct if a financial penalty has been imposed under

section 1A in respect of that conduct.”

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(3)

After section 1 insert—

“1A

Financial penalty for offence under section 1

(1)

A local housing authority may impose a financial penalty on a person

if satisfied beyond reasonable doubt that the person has committed

an offence under section 1 in relation to premises in England.

(2)

No financial penalty may be imposed in respect of any conduct

amounting to an offence under section 1 if—

(a)

the person has been convicted of an offence under that section

in respect of the conduct,

(b)

criminal proceedings for an offence under that section in respect

of the conduct have been instituted against the person and the

proceedings have not been concluded, or

(c)

criminal proceedings for an offence under that section in respect

of the conduct have been concluded and the person has not

been convicted of the offence.

(3)

The amount of a financial penalty imposed under this section is to be

determined by the authority imposing it, but must not be more than

£40,000.

(4)

The Secretary of State may give guidance to local housing authorities

about the exercise of their functions under this section.

(5)

Local housing authorities must have regard to any guidance issued

under subsection (4) .

(6)

Schedule A1 makes provision about—

(a)

the procedure for imposing financial penalties,

(b)

appeals against financial penalties,

(c)

enforcement of financial penalties, and

(d)

how local housing authorities are to deal with the proceeds of

financial penalties.

(7)

The Secretary of State may by regulations amend the amount specified

in subsection (3) to reflect changes in the value of money.

(8)

Regulations under this section are to be made by statutory instrument.

(9)

A statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.

(10)

In this section and Schedule A1, “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.”

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(4)

Before Schedule 1 insert—

“Schedule A1

Section 1A

Financial penalty for offence under section 1

Notice of intent

Before imposing a financial penalty on a person under section 1A

a local housing authority must give the person notice of its proposal

to do so (a “notice of intent”).

(1)

The notice of intent must be given before the end of the period of

6 months beginning with the first day on which the authority has

sufficient evidence of the conduct to which the financial penalty

relates.

(2)

But if the person is continuing to engage in the conduct on that

day, and the conduct continues beyond the end of that day, the

notice of intent may be given—

(a)

at any time when the conduct is continuing, or

(b)

within the period of 6 months beginning with the last day

on which the conduct occurs.

The notice of intent must set out—

(a)

the date on which the notice of intent is given,

(b)

the amount of the proposed financial penalty,

(c)

the reasons for proposing to impose the financial penalty,

and

(d)

information about the right to make representations under

paragraph 4 .

Right to make representations

(1)

A person who is given a notice of intent may make written

representations to the local housing authority about the proposal

to impose a financial penalty.

(2)

Any representations must be made within the period of 28 days

beginning with the day after that on which the notice was given

(“the period for representations”).

Final notice

After the end of the period for representations the local housing

authority must—

(a)

decide whether to impose a financial penalty on the person,

and

(b)

if it decides to impose a financial penalty, decide the amount

of the penalty.

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If the authority decides to impose a financial penalty on the person,

it must give the person a notice (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—

(a)

the date on which the final notice is served,

(b)

the amount of the financial penalty,

(c)

the reasons for imposing the penalty,

(d)

information about how to pay the penalty,

(e)

the period for payment of the penalty,

(f)

information about rights of appeal, and

(g)

the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

(1)

A local housing authority may at any time—

(a)

withdraw a notice of intent or final notice, or

(b)

reduce the amount specified in a notice of intent or final

notice.

(2)

The power in sub-paragraph (1) is to be exercised by giving notice

in writing to the person to whom the notice was given.

Appeals

(1)

A person to whom a final notice is given may appeal to the First-tier

Tribunal against—

(a)

the decision to impose the penalty, or

(b)

the amount of the penalty.

(2)

An appeal under this paragraph must be brought within the period

of 28 days beginning with the day after that on which the final

notice was given.

(3)

If a person appeals under this paragraph, the final notice is

suspended until the appeal is finally determined, withdrawn or

abandoned.

(4)

An appeal under this paragraph—

(a)

is to be a re-hearing of the local housing authority’s decision,

but

(b)

may be determined having regard to matters of which the

authority was unaware.

(5)

On an appeal under this paragraph the First-tier Tribunal may

confirm, vary or cancel the final notice.

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(6)

The final notice may not be varied under sub-paragraph (5) so as

to make it impose a financial penalty of more than the local housing

authority could have imposed.

Recovery of financial penalty

(1)

This paragraph applies if a person fails to pay the whole or any

part of a financial penalty which, in accordance with this Schedule,

the person is liable to pay.

(2)

The local housing authority which imposed the financial penalty

may recover the whole or part of the penalty on the order of the

county court as if it were payable under an order of that court.

(3)

In proceedings before the county court for the recovery of a financial

penalty or part of a financial penalty, a certificate which is—

(a)

signed by the chief finance officer of the local housing

authority which imposed the penalty, and

(b)

states that the amount due has not been received by a date

specified in the certificate,

is conclusive evidence of that fact.

(4)

A certificate to that effect and purporting to be so signed is to be

treated as being so signed unless the contrary is proved.

(5)

In this paragraph “chief finance officer” has the same meaning as

in section 5 of the Local Government and Housing Act 1989.

Proceeds of financial penalties

Where a local housing authority imposes a financial penalty under

this Act, 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.

Any proceeds of a financial penalty imposed under this Act which are not

applied in accordance with paragraph 12 must be paid to the Secretary of

State.

(1)

In paragraph 12 , enforcement functions “in relation to the private

rented sector” means enforcement functions relating to—

(a)

residential premises in England that are let, or intended to

be let, under a tenancy,

(b)

the common parts of such premises,

(c)

the activities of a landlord under a tenancy of residential

premises in England,

(d)

the activities of a person carrying on English letting agency

work within the meaning of section 54 of the Housing and

Planning Act 2016 in relation to such premises, or

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(e)

the activities of a person carrying on English property

management work within the meaning of section 55 of the

Housing and Planning Act 2016 in relation to such premises.

(2)

For the purposes of this paragraph “residential premises” has the

meaning given by section 1 of the Housing Act 2004 except that it

does not include social housing within the meaning of Part 2 of the

Housing and Regeneration Act 2008.

(3)

For the purposes of this paragraph, “tenancy” includes a licence to

occupy.”

Abandoned premises under assured shorthold tenancies

In the Housing and Planning Act 2016, omit Part 3 (recovering abandoned

premises under assured shorthold tenancies).

Remedying of hazards occurring in dwelling-houses in England

(1)

The Landlord and Tenant Act 1985 is amended as follows.

(2)

In section 10A (remedying of hazards occurring in dwellings let on social

housing leases)—

(a)

in the heading, for “dwellings let on relevant social housing leases”

substitute “dwelling-houses in England”;

(b)

for subsection (1) substitute—

“(1)

This section applies to a lease of a dwelling-house in England

if either of the following applies—

(a)

the lease is a lease for a term of less than 7 years, or

(b)

the lease is of a kind mentioned in subsection (1A) or

(1AB) of section 13 (secure, assured or introductory

tenancies for fixed term of 7 years or more);

but this is subject to subsection (1A) .

(1A)

This section does not apply to any lease of a kind mentioned

in section 14 (exceptions).”;

(c)

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

(d)

after subsection (5) insert—

“(5A)

For the purposes of subsection (1) it is immaterial that the lease

also demises other property (which may consist of or include

one or more other dwelling-houses).

(5B)

In determining for the purposes of subsection (1) (a) whether

a lease is for a term of less than 7 years—

(a)

any part of the term falling before the grant or creation

is to be ignored and the lease is to be treated as a lease

for a term commencing with the grant or creation;

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(b)

a lease which is determinable at the option of the lessor

before the expiry of 7 years from the commencement

of the term is to be treated as a lease for a term of less

than 7 years;

(c)

a lease (other than one to which paragraph (b) applies)

is not to be treated as a lease for a term of less than 7

years if it confers on the lessee an option for renewal

for a term which, together with the original term,

amounts to 7 years or more.”;

(e)

omit subsection (6);

(f)

in subsection (7)—

(i)

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

““lease” does not include a mortgage term;

“lease of a dwelling-house” means a lease by which a

building or part of a building is let wholly or mainly

as a private residence, and “dwelling-house” means that

building or part of a building, together with any yard,

garden, outhouses and appurtenances belonging to it

or usually enjoyed with it;

“lessee” means the person for the time being entitled to

the term of a lease;

“lessor” means the person for the time being entitled to

the reversion expectant on a lease;”;

(ii)

omit the definitions of “low cost home ownership

accommodation” and “social housing”.

(3)

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

(a)

in subsection (1)(a), for the words from “42” to “2023” substitute “ 59

of the Renters' Rights Act 2024”;

(b)

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

(c)

for subsection (4)(a) substitute—

“(a)

limit the application of section 10A by reference to leases

or dwelling-houses of particular descriptions;”;

(d)

omit subsection (6).

(4)

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

substitute—

“dwelling-house—

(in the provisions relating to remedying of hazards)

section 10A

(in the provisions relating to repairing obligations)

section 16”.

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Remedying of hazards occurring in accommodation in England occupied

under licence

(1)

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

“10C

Remedying of hazards occurring in accommodation in England

occupied under licence

(1)

The Secretary of State may make—

(a)

regulations which specify a description of licences to occupy

residential premises; and

(b)

regulations which require the licensor under a regulated licence

to take action, in relation to prescribed hazards which affect

or may affect the licensed accommodation, within the period

or periods specified in the regulations.

(2)

There is implied in a regulated licence a term that the licensor will

comply with all prescribed requirements that are applicable to that

licence.

(3)

Regulations under subsection (1) (b) are enforceable against licensors

only through actions for breach of the term that is implied by

subsection (2) .

(4)

In any proceedings for a breach of the term that is implied by

subsection (2) , it is a defence for the licensor to prove that they used

all reasonable endeavours to avoid that breach.

(5)

In this section and section 10D —

“prescribed hazard” has the same meaning as in section 10 (see

section 10(2) and (3));

“prescribed requirement” means a requirement prescribed in

regulations under subsection (1) (b) ;

“regulated licence” means a licence to occupy that is of a

description specified in regulations under subsection (1) (a) ;

“residential premises” has the same meaning as in section 1(4) of

the Housing Act 2004 (but disregarding paragraph (e)(ii) of

that subsection).

10D

Regulations under

(1)

Regulations under section 10C (1) (a) may (in particular) specify a

description of licences to occupy by reference to any of the following—

(a)

the nature of the licensor;

(b)

the nature of the licensee;

(c)

the nature of the accommodation occupied;

(d)

the purpose of the occupation of the accommodation;

(e)

the legal nature of the licence.

(2)

Regulations under section 10C (1) (b) may apply to—

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(a)

licences granted before the day when section 10C came into

force;

(b)

prescribed hazards which began before that day;

(c)

only some descriptions of prescribed hazards.

(3)

Regulations under section 10C (1) (b) may—

(a)

specify a period that is not of a specific duration (for example

a reasonable or appropriate period, including a period decided

by the licensor, or another person);

(b)

specify two (or more) periods in relation to particular action.

(4)

Regulations under section 10C (1) (b) may (in particular)—

(a)

require the licensor to take particular action, or action that is

intended to produce a particular outcome, in relation to a

prescribed hazard;

(b)

require the licensor to take action in relation to a prescribed

hazard that is not of itself intended to remedy the hazard, for

example by requiring the licensor—

(i)

to investigate whether or how a prescribed hazard is

affecting the licensed accommodation, or

(ii)

to secure that the licensee and any other members of

their household are provided with alternative

accommodation at no cost to them;

(c)

require the licensor to take action in relation to a prescribed

hazard only—

(i)

in particular circumstances, or

(ii)

if particular conditions are met;

(d)

provide that the licensor is not required to take action in

relation to a prescribed hazard—

(i)

in particular circumstances, or

(ii)

if particular conditions are met.

(5)

The Secretary of State may by regulations make provision, in relation

to a term that is implied by section 10C (2) , which corresponds to any

provision made in relation to an implied covenant by section 9A(4)

to (8).

(6)

A power to make regulations under section 10C or this section includes

power to make—

(a)

incidental, transitional or saving provision;

(b)

different provision for different purposes.

(7)

Regulations under section 10C or this section are to be made by

statutory instrument.

(8)

A statutory instrument containing regulations under section 10C or

this section may not be made unless a draft of it has been laid before

and approved by resolution of each House of Parliament.”

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(2)

Until section 98 (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 98(3).

Part 2

Residential landlords

Chapter 1

Meaning of “residential landlord”

Meaning of “residential landlord”

(1)

In this Part—

“residential landlord” means the landlord under a relevant tenancy of a

dwelling in England that is not social housing;

“residential tenancy” and “residential tenant” are to be read accordingly.

(2)

In subsection (1) —

“dwelling” means a building or part of a building which is occupied or

intended to be occupied as a separate dwelling;

“social housing” has the same meaning as in Part 2 of the Housing and

Regeneration Act 2008.

(3)

In this section , “relevant tenancy” means—

(a)

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

(b)

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

(4)

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

(a)

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

tenancy—

(i)

so that, in addition to or instead of the landlord under the

relevant tenancy, it includes any or all superior landlords in

relation to that tenancy, or

(ii)

so that it does not include superior landlords added by virtue

of this paragraph;

(b)

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

particular kind of—

(i)

tenancy of a dwelling that is periodic or granted for a term of

less than 21 years, or

(ii)

licence to occupy a dwelling;

(c)

change the meaning of “dwelling”—

(i)

so that, in addition to a building or part of a building, it

includes any other structure, vehicle or vessel,

(ii)

so that it includes a building or part of a building, and anything

for the time being included in the meaning of “dwelling” by

Page 89

virtue of sub-paragraph (i), which is occupied or intended to

be occupied as a dwelling that is not a separate dwelling, or

(iii)

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

paragraph.

(5)

Kinds of tenancy or licence added or removed under subsection (4)(b) may

be identified by reference to any matters connected directly or indirectly with

a tenancy or licence, including the characteristics or circumstances of any

person who is so connected.

(6)

In subsection (4) (b) —

(a)

the reference to a tenancy of a dwelling includes a tenancy under

which the dwelling is occupied for the purposes of either House of

Parliament, and

(b)

the reference to a licence to occupy a dwelling includes such a licence

under which the dwelling is occupied for the purposes of either House

of Parliament.

(7)

The provision that may be made in regulations under subsection (4) by virtue

of section 137 (1) (a) includes provision amending section 97 .

(8)

The provision that may be made in regulations under subsection (4) by virtue

of section 137 (1) (b) includes different provision for the purposes of different

Chapters of this Part.

Chapter 2

Landlord redress schemes

Landlord redress schemes

(1)

The Secretary of State may make regulations requiring a residential landlord

to be a member of a landlord redress scheme.

(2)

A “landlord redress scheme” means a scheme—

(a)

which provides for a complaint made by or on behalf of a prospective, current

or former residential tenant against a member of the scheme to be

independently investigated and determined by an independent individual,

and

(b)

which is—

(i)

approved by the Secretary of State for the purposes of regulations

under subsection (1) , or

(ii)

administered by or on behalf of the Secretary of State and designated

by the Secretary of State for those purposes.

(3)

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

(a)

offers to become a residential tenant of a dwelling that is marketed

for the purpose of creating a residential tenancy, or

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(b)

with a view to deciding whether to become a residential tenant of a

dwelling that is marketed for that purpose—

(i)

requests information about the dwelling from a person

marketing it, or

(ii)

visits or requests to visit such a dwelling by arrangement with

a person marketing it.

(4)

Regulations under subsection (1) may—

(a)

require a person to be a member of a landlord redress scheme before

a dwelling is marketed for the purpose of creating a residential tenancy

under which that person will be a residential landlord;

(b)

prohibit a person from marketing a dwelling for the purpose of

creating a residential tenancy unless the person who will be a

residential landlord if the tenancy is granted is a member of a landlord

redress scheme;

(c)

require a person to remain a member of the scheme after ceasing to

be a residential landlord, for a period specified in the regulations.

(5)

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 63 (3) (l) ).

(6)

Nothing in this Chapter prevents a landlord redress scheme from providing

(subject to regulations under section 63 )—

(a)

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

members;

(b)

for the investigation or determination of any complaints under a

voluntary jurisdiction;

(c)

for voluntary mediation services;

(d)

for the exclusion from investigation and determination under the

scheme of any complaint in such cases or circumstances as may be

specified in or determined under the scheme.

(7)

In subsection (6)—

“complaints under a voluntary jurisdiction” means complaints in relation

to which there is no duty to be a member of a landlord redress scheme,

where the members against whom the complaints are made have

voluntarily accepted the jurisdiction of the scheme over those

complaints;

“voluntary mediation services” means mediation, conciliation or similar

processes provided at the request of a member in relation to complaints

made—

(a)

against the member, or

(b)

by the member against another person;

“voluntary members” means members who are not subject to a duty to

be a member of a landlord redress scheme.

Page 91

Approval and designation of landlord redress schemes

(1)

This section applies where the Secretary of State makes regulations under

section 62 (1) .

(2)

The Secretary of State must by regulations set out conditions which are to be

satisfied before a scheme is approved or designated under section 62 (2) (b) .

(3)

The conditions must include conditions requiring the scheme to include

provision in accordance with the regulations—

(a)

for the appointment of an individual to be responsible for overseeing

and monitoring the investigation and determination of complaints

under the scheme,

(b)

about the terms and conditions of that individual and the termination

of their appointment,

(c)

about the complaints that may be made under the scheme, which must

include provision enabling the making of complaints about

non-compliance with any codes of practice for residential landlords

that are issued or approved by the Secretary of State,

(d)

about the time to be allowed for scheme members to resolve matters

before a complaint is accepted under the scheme in relation to those

matters,

(e)

about the circumstances in which a complaint may be rejected,

(f)

about co-operation (which may include the joint exercise of functions)

of an individual who is investigating or determining a complaint with

persons who have functions in relation to other kinds of complaint

and with local housing authorities,

(g)

about the provision of information to the persons mentioned in

paragraph (f) and the Secretary of State,

(h)

if members are required to pay fees in respect of compulsory aspects of the

scheme, about the level of those fees,

(i)

if there are voluntary aspects of the scheme—

(i)

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

and

(ii)

for the fees to be set at a level that (taking one year with

another) is sufficient to meet the costs incurred in the

administration of, and the investigation and determination of

complaints under, those aspects of the scheme,

(j)

for the individual determining a complaint to be able to require

members to provide redress of the following types to the

complainant—

(i)

providing an apology or explanation,

(ii)

paying compensation, and

(iii)

taking such other actions in the interests of the complainant

as the individual determining the complaint may specify,

(k)

about the enforcement of the scheme and decisions made under the

scheme,

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(l)

for a person to be expelled from the scheme only—

(i)

in circumstances specified in the regulations,

(ii)

once steps to secure compliance that are specified in the

regulations have been taken, and

(iii)

once the decision to expel the person has been reviewed by an

independent person in accordance with the regulations,

(m)

for an expulsion to be revoked in circumstances specified in the

regulations,

(n)

prohibiting a person from joining the scheme when the person has

been expelled from another landlord redress scheme and the expulsion

has not been revoked,

(o)

for circumstances in which the administration of the scheme is to be

transferred to a different administrator, and

(p)

about the closure of the scheme by the administrator.

(4)

Conditions set out in regulations under subsection (2) 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.

(5)

Conditions set out in regulations by virtue of subsection (3) (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.

(6)

Where conditions set out in regulations by virtue of subsection (3) (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.

(7)

Subsections (3) to (6) do not limit the conditions that may be set out in

regulations under subsection (2).

(8)

The Secretary of State may by regulations make further provision about the

approval or designation of landlord redress schemes under section 62 (2) (b)

, including provision—

(a)

about the number of redress schemes that may be approved or

designated (which may be one or more);

(b)

about the making of applications for approval;

(c)

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

(d)

about the withdrawal of approval or revocation of designation;

(e)

authorising the approval or designation of a scheme which provides for fees

payable by a compulsory member to be calculated by reference to the total of

the costs incurred, or to be incurred, in the administration of the compulsory

aspects of the scheme and the investigation and determination of complaints

under those aspects of the scheme (including costs unconnected with the

member in question).

(9)

Regulations under this section may—

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(a)

confer functions (including functions involving the exercise of a

discretion) on the Secretary of State, or authorise or require a scheme

to do so;

(b)

provide for the delegation of such functions by the Secretary of State,

or authorise or require a scheme to provide for that.

(10)

In this section—

“compulsory aspects” , in relation to a scheme, means aspects of the

scheme relating to complaints in relation to which there is a duty to

be a member of a landlord redress scheme;

“compulsory member” , in relation to a scheme, means a member of the

scheme who is subject to a duty to be a member of a landlord redress

scheme;

“voluntary aspects” , in relation to a scheme, means aspects of the scheme

that relate to—

(a)

complaints under a voluntary jurisdiction,

(b)

voluntary mediation services, or

(c)

voluntary members;

and terms used in this definition have the meanings given by section

62 (7) .

Financial penalties

(1)

A local housing authority may impose a financial penalty on a person if

satisfied beyond reasonable doubt that the person has—

(a)

breached regulations under section 62 (1) , or

(b)

committed an offence under section 65 .

(2)

The amount of a financial penalty imposed under this section is to be

determined by the authority imposing it, but must not be more than—

(a)

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

(b)

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

(3)

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

if—

(a)

the conduct continues after the end of 28 days beginning with the day

after that on which the final notice in respect of the previous penalty

for the conduct was given to the person, unless the person appeals

against that notice within that period, or

(b)

if the person appeals against that notice within that period, the conduct

continues after the end of 28 days beginning with the day after that

on which the appeal is finally determined, withdrawn or abandoned.

(4)

Subsection (3) does not enable a penalty to be imposed after the final notice

in respect of the previous penalty has been withdrawn or quashed on appeal.

(5)

No financial penalty may be imposed in respect of any conduct amounting

to an offence under section 65 if—

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(a)

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

respect of the conduct,

(b)

criminal proceedings for an offence under that section in respect of

the conduct have been instituted against the person and the

proceedings have not been concluded, or

(c)

criminal proceedings for an offence under that section in respect of

the conduct have been concluded and the person has not been

convicted.

(6)

The Secretary of State may give guidance to local housing authorities about

the exercise of their functions under this section.

(7)

Local housing authorities must have regard to any guidance issued under

subsection (6) .

(8)

The Secretary of State may by regulations amend the amounts specified in

subsection (2) to reflect changes in the value of money.

(9)

For the purposes of this section and section 65 —

(a)

a financial penalty is imposed under this section on the date specified

in the final notice as the date on which the notice is given, and

(b)

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

Offences

(1)

A person commits an offence if—

(a)

a relevant penalty has been imposed on the person and the final notice

imposing the penalty has not been withdrawn, and

(b)

the conduct in respect of which the penalty was imposed continues

after the end of the period of 28 days beginning with—

(i)

the day after that on which the penalty was imposed on the

person, or

(ii)

if the person appeals against the final notice in respect of the

penalty within that period, the day after that on which the

appeal is finally determined, withdrawn or abandoned.

(2)

A person commits an offence if—

(a)

a relevant penalty has been imposed on the person in respect of a

breach of regulations under section 62 (1) and the final notice imposing

the penalty has not been withdrawn, and

(b)

the person engages in conduct which constitutes a different breach of

such regulations within the period of five years beginning with the

day on which the penalty was imposed.

(3)

A person commits an offence if—

(a)

either—

(i)

a relevant penalty has been imposed on the person in respect

of an offence under this section and the final notice imposing

the penalty has not been withdrawn, or

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(ii)

the person has been convicted of such an offence, and

(b)

the person breaches regulations under section 62 (1) within the period

of five years beginning with the day on which the relevant penalty

was imposed or the person was convicted.

(4)

In subsections (1) to (3) “relevant penalty” means a financial penalty which

is imposed under section 64 where—

(a)

the period for bringing an appeal against the penalty under paragraph

10 of Schedule 5 has expired without an appeal being brought,

(b)

an appeal against the financial penalty under that paragraph has been

withdrawn or abandoned, or

(c)

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

appeal.

(5)

A person may not be convicted of an offence under subsection (2) or (3) if a

financial penalty has been imposed under section 64 in respect of the same

conduct.

(6)

A person guilty of an offence under this section is liable on summary

conviction to a fine.

(7)

Where an offence under this section committed by a body corporate is proved

to have been committed with the consent or connivance of, or to be attributable

to any neglect on the part of, an officer of a body corporate, the officer as

well as the body corporate commits the offence and is liable to be proceeded

against and punished accordingly.

(8)

Where the affairs of a body corporate are managed by its members, subsection

(6) applies in relation to the acts and defaults of a member in connection with

the member's functions of management as if the member were an officer of

the body corporate.

Decision under a landlord redress scheme may be made enforceable as if it

were a court order

(1)

The Secretary of State may by regulations make provision for, or in connection

with, authorising the administrator of a landlord redress scheme to apply to

a court or tribunal for an order that a determination made under the scheme

and accepted by the complainant in question be enforced as if it were an

order of a court.

(2)

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

(a)

one or more bodies appearing to the Secretary of State to represent

the interests of residential landlords,

(b)

one or more bodies appearing to the Secretary of State to represent

the interests of residential tenants, and

(c)

such other persons as the Secretary of State considers appropriate.

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Landlord redress schemes: no Crown status

A person exercising functions under a landlord redress scheme (other than

the Secretary of State) is not to be regarded as the servant or agent of the

Crown or as enjoying any status, privilege or immunity of the Crown or as

exempt from any tax, duty, rate, levy or other charge whatsoever, whether

general or local, and any property held by such a person is not to be regarded

as property of, or held on behalf of, the Crown.

Guidance

Guidance for scheme administrator and local housing authority

(1)

The Secretary of State may from time to time issue or approve guidance for

local housing authorities and the administrators of landlord redress schemes

about cooperation between such local housing authorities and persons

exercising functions under the schemes.

(2)

A local housing authority must have regard to any guidance issued or

approved under this section.

(3)

The Secretary of State must exercise the powers in section 63 for the purpose

of ensuring that the administrator of a redress scheme has regard to any

guidance issued or approved under this section.

Interpretation

Interpretation of

(1)

In this Chapter “landlord redress scheme” has the meaning given by section

62 (2) .

(2)

For the meanings of “residential landlord”, “residential tenancy” and

“residential tenant” see section 61 .

Related amendments

Housing activities under social rented sector scheme

(1)

Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints)

is amended as follows.

(2)

In paragraph 1—

(a)

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

rented sector activities”;

(b)

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

(3)

In paragraph 2(1)—

(a)

in paragraph 4, after “scheme” insert “which must not include any

private rented sector activities, except so far as the Secretary of State

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consents in writing to complaints about such activities being made

under the scheme.”;

(b)

after paragraph 7 insert—

“7A

Where the scheme provides for the housing ombudsman to

be employed by the person administering the scheme,

provision for the enforcement of directions given under

paragraph 10 (3) (b) .”

(4)

After paragraph 2 insert—

“2A

Criteria under paragraph 2(b) of paragraph 2(1) must include criteria

preventing a person who—

(a)

is a residential landlord, within the meaning given by section

61 of the Renters' Rights Act 2024, and

(b)

is not a social landlord,

from becoming a member of the scheme.”

(5)

For paragraph 10 substitute—

“10

(1)

The housing ombudsman for the purposes of an approved scheme

is to be appointed by the Secretary of State on such terms as the

Secretary of State thinks fit.

(2)

The Secretary of State may at any time remove a housing

ombudsman from office.

(3)

In relation to an approved scheme which provides for the housing

ombudsman to be employed by the person administering the

scheme—

(a)

the reference in sub-paragraph (1) to the terms on which the

housing ombudsman is appointed includes a reference to

the terms of the housing ombudsman’s employment by that

person;

(b)

the power of the Secretary of State under sub-paragraph (2)

to remove a housing ombudsman from office includes power

to give the person administering the scheme a direction in

writing to cease to employ the individual who is housing

ombudsman as housing ombudsman (and a direction under

this paragraph may be revoked or varied by a further

direction under this paragraph).

(4)

Where an approved scheme does not provide that it is to be

administered by a body corporate—

(a)

the Secretary of State may by order provide that the housing

ombudsman for the purposes of the scheme is to be a

corporation sole, and

(b)

the staff to administer the scheme and otherwise assist the

ombudsman in the discharge of functions are to be appointed

and employed by the ombudsman.

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(5)

Where an approved scheme provides that it is to be administered

by a body corporate the Secretary of State may delegate functions

under sub-paragraph (1) or (2) to the body administering the scheme.

(6)

A delegation under sub-paragraph (5) may specify—

(a)

the extent to which the functions are delegated;

(b)

any conditions to which the delegation is subject.

(7)

A delegation under sub-paragraph (5) —

(a)

must be in writing;

(b)

may be varied or revoked by the Secretary of State, in

writing, at any time;

(c)

does not prevent the Secretary of State from exercising the

functions.

(8)

A housing ombudsman 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 a housing ombudsman is not to be regarded as property of, or

held on behalf of, the Crown.”

(6)

After paragraph 12 insert—

“Interpretation

In this Schedule “private rented sector activities” means activities

carried on by a person as a residential landlord within the meaning

given by section 61 of the Renters' Rights Act 2024.”

Other amendments connected with landlord redress schemes

Schedule 3 contains amendments connected with landlord redress schemes.

Local Commissioners’ investigation of complaints by persons who are not

tenants

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

insert “unless—

“(a)

the investigation is in respect of action described in paragraph

5A or 5B of that Schedule, and

(b)

the person affected is not an individual of a description whom

a scheme approved under Schedule 2 to the Housing Act 1996

(investigation of social housing complaints by housing

ombudsman) provides may make a complaint under that

scheme in respect of that action.”

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Chapter 3

The Private Rented Sector Database

The database and the database operator

The database

(1)

The database operator must establish and operate a database containing—

(a)

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

landlords,

(b)

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

residential tenancies, and

(c)

entries made under section 81 in respect of the following—

(i)

persons against whom relevant banning orders have been made,

(ii)

persons who have been convicted of, or on whom financial penalties

have been imposed in relation to, relevant banning order offences,

and

(iii)

persons who have been convicted of offences, on whom financial

penalties have been imposed or who have been subject to regulatory

action, of a description prescribed by regulations under that section.

(2)

In this Chapter—

(a)

“landlord entry” means an entry in the database in respect of a person

mentioned in subsection (1) (a) ;

(b)

“dwelling entry” means an entry in the database in respect of a

dwelling mentioned in subsection (1) (b) .

(3)

Landlord and dwelling entries may be either active or inactive: see sections

75 (4) and 77 .

The database operator

(1)

In this Chapter “database operator” means—

(a)

the Secretary of State, or

(b)

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

operator.

(2)

The arrangements—

(a)

may include provision for payments by the Secretary of State;

(b)

may include provision about bringing the arrangements to an end.

(3)

The Secretary of State may by regulations—

(a)

require the database operator to ensure that the database has features

and functionality specified in the regulations,

(b)

confer on the database operator powers to enter into contracts and

other agreements for the purpose of facilitating the operation of the

database,

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(c)

provide for functions of the database operator specified in the

regulations to be carried out by lead enforcement authorities, local

housing authorities or others specified in the regulations instead of,

or in addition to, being carried out by the database operator, and

(d)

make transitional or saving provision which applies when there is a

change of database operator.

(4)

Regulations under subsection (3) (d) may relate to a specific change of database

operator or to changes that might arise from time to time.

Landlord and dwelling entries

Making entries in the database

(1)

The Secretary of State may by regulations make provision about the making

of landlord and dwelling entries in the database.

(2)

The regulations may, in particular—

(a)

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

made,

(b)

require information or documents to be provided,

(c)

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

and

(d)

allow an entry to be made before all of the requirements imposed by

the regulations have been complied with, provided that any

requirements not complied with by that time are complied with before

the end of a period specified in the regulations.

(3)

The period specified as mentioned in subsection (2) (d) must not exceed the

period of 28 days beginning with the day on which the entry is made.

(4)

A landlord or dwelling entry made in accordance with the regulations is an

active entry from the time it is made until it becomes an inactive entry in

accordance with regulations under section 77 .

(5)

See section 84 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.

Requirement to keep active entries up-to-date

(1)

The Secretary of State may by regulations make provision requiring active

landlord and dwelling entries in the database to be kept up-to-date.

(2)

The regulations may, in particular—

(a)

provide for how, and by whom, an active landlord or dwelling entry

is to be kept up-to-date,

(b)

require information or documents to be provided,

(c)

impose other requirements, and

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(d)

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

(3)

The requirements that may be imposed by regulations under this section do

not include requirements for the payment of fees.

Circumstances in which active entries become inactive and vice versa

(1)

The Secretary of State may by regulations make provision about the

circumstances in which an active landlord or dwelling entry in the database

is to become an inactive entry, and vice versa.

(2)

The regulations may, in particular—

(a)

provide for an active landlord or dwelling entry to become inactive

after a period specified in or determined in accordance with the

regulations if requirements specified in the regulations are not met,

(b)

provide for an active landlord or dwelling entry to become inactive

in circumstances in which an active entry is no longer required in

respect of the landlord or dwelling, and

(c)

specify requirements that must be met for an inactive landlord or

dwelling entry to become an active entry.

(3)

The requirements that may be imposed by regulations under this section include

requirements for the payment of fees .

Verification, correction and removal of entries

(1)

The Secretary of State may by regulations make provision about—

(a)

the verification of landlord and dwelling entries in the database,

(b)

the correction of errors in such entries, and

(c)

the removal of such entries from the database.

(2)

The regulations may, in particular—

(a)

require a proportion of landlord and dwelling entries, and of anything

required to be provided by regulations under section 75 , 76 or 77

, specified in or determined in accordance with the regulations to be

verified by local housing authorities or others,

(b)

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

(c)

authorise the correction of errors in landlord and dwelling entries and

specify by whom such corrections may be made, and

(d)

authorise the removal from the database of landlord and dwelling

entries that appear to a person specified in the regulations not to meet

requirements imposed by or under this Chapter for inclusion in the

database.

Fees for landlord and dwelling entries

(1)

This section applies where regulations under section 75 or 77 require payment of a

fee .

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(2)

The amount of any such fee is to be—

(a)

specified in the regulations, or

(b)

if the regulations so provide, determined by the database operator.

(3)

The amount so specified or determined—

(a)

may be calculated by reference to costs incurred, or likely to be incurred—

(i)

in the establishment and operation of the database,

(ii)

in the enforcement of requirements imposed by or under this Chapter,

and

(iii)

in the performance of any other functions of the database operator

under this Chapter,

including costs unconnected with the fee-payer, and

(b)

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 77 (2) (a) , may be higher than the fee that would otherwise be charged

had the entry remained active.

(4)

The fees are to be payable to the database operator by such persons and in such

circumstances as the regulations may provide.

(5)

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.

(6)

If the Secretary of State is the database operator—

(a)

subsection (5) does not apply, and

(b)

the Secretary of State may pay to local housing authorities the amount it

receives in respect of fees it charges, or any part of that amount.

Marketing, advertising and letting

Restrictions on marketing, advertising and letting dwellings

(1)

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

tenancy unless—

(a)

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

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

(b)

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

dwelling.

(2)

A person who advertises a dwelling for the purpose of creating a residential

tenancy must include in any written advertisement the unique identifiers

allocated by the database operator to—

(a)

the person who will be the residential landlord if the tenancy is

granted, and

(b)

the dwelling.

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(3)

A person who is a residential landlord in relation to a dwelling is under a

duty to ensure that—

(a)

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

and an active dwelling entry in the database in respect of the dwelling,

and

(b)

any requirements relating to the entries imposed by regulations under

section 76 are complied with.

(4)

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

which—

(a)

a person of a description specified in the regulations is to be subject

to the duty in subsection (3) instead of the residential landlord;

(b)

a duty imposed by this section, either does not apply at all or does

not apply for a period specified in or determined in accordance with

the regulations.

(5)

A breach of subsection (1) , (2) or (3) does not affect the validity or

enforceability of a residential tenancy or other contract by virtue of any rule

of law relating to the validity or enforceability of contracts in circumstances

involving illegality.

Entries relating to banning orders, offences, financial penalties, etc.

Entries relating to banning orders, offences, financial penalties, etc.

(1)

A local housing authority must make an entry in the database in respect of

a person if—

(a)

a relevant banning order has been made against the person following

an application by the authority,

(b)

the person has been convicted of a relevant banning order offence

following the institution of criminal proceedings by the authority, or

(c)

the authority has imposed a financial penalty on the person in relation

to a relevant banning order offence.

(2)

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

person if—

(a)

the person has been convicted of a relevant banning order offence

following the institution of criminal proceedings by a person other

than a local housing authority, or

(b)

a financial penalty has been imposed on the person in relation to a

relevant banning order offence by a person other than a local housing

authority.

(3)

The person who instituted the criminal proceedings or imposed the penalty

must provide to the local housing authority such information as the authority

requests for the purpose of making an entry under subsection (2) .

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(4)

The Secretary of State may by regulations impose a duty on local housing

authorities to make entries in the database under subsection (2) in

circumstances specified in the regulations.

(5)

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

(a)

the period for appealing against any order, conviction or penalty

mentioned in those subsections has expired, and

(b)

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

(6)

The Secretary of State may by regulations authorise or require local housing

authorities to make an entry in the database in respect of a person—

(a)

who is convicted of an offence, on whom a financial penalty is imposed

or who is subject to regulatory action, of a description prescribed by

the regulations, and

(b)

where the offence, financial penalty or regulatory action relates to

conduct which occurred at a time when the person was a residential

landlord or marketing a dwelling for the purpose of creating a

residential tenancy.

(7)

Regulations under subsection (6) may, in particular—

(a)

describe an offence by reference to—

(i)

the nature of the offence,

(ii)

the characteristics of the offender,

(iii)

the place where the offence is committed,

(iv)

the circumstances in which it is committed,

(v)

the court sentencing a person for the offence, or

(vi)

the sentence imposed, and

(b)

make provision for local housing authorities to obtain information

from another person for the purpose of making an entry in the

database under the regulations.

(8)

An entry made under this section must include—

(a)

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

(b)

where the entry is made under subsection (1) , the date the banning

order was made and the date on which the person will cease to be

subject to it, and

(c)

such other information as may be prescribed by regulations made by

the Secretary of State.

(9)

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

include—

(a)

the person’s address or other contact details,

(b)

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

landlord, and

(c)

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

the entry relates.

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(10)

A local housing authority must take reasonable steps to ensure that any entry

it has made in the database under this section is correct and up-to-date.

(11)

See section 84 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.

(12)

In this Chapter—

“relevant banning order” means an order under Chapter 2 of Part 2 of

the Housing and Planning Act 2016 that—

(a)

is made on or after the day on which this section comes into

force,

(b)

bans a person from letting housing (within the meaning of that

Part of that Act) in England, and

(c)

relates to an offence committed at a time when the person

against whom the order was made was—

(i)

a residential landlord, or

(ii)

marketing a dwelling for the purpose of creating a

residential tenancy.

“relevant banning order offence” means a banning order offence (as

defined in Part 2 of the Housing and Planning Act 2016) committed—

(a)

on or after the day on which this section comes into force, and

(b)

at a time when the person who committed the offence was—

(i)

a residential landlord, or

(ii)

marketing a dwelling for the purpose of creating a

residential tenancy.

Further duties of database operator

Allocation of unique identifiers

(1)

The database operator must allocate an identifier (referred to in this Chapter

as a “unique identifier”) to each person in respect of whom, and dwelling in

respect of which, an entry is made in the database under this Chapter.

(2)

The identifier must be a sequence of letters, numbers or both that enables the

person or dwelling to be distinguished from any other person in respect of

whom, or dwelling in respect of which, there is an entry in the database.

(3)

This section does not require the database operator to allocate a unique

identifier to a person to whom, or dwelling to which, a unique identifier has

previously been allocated.

Other duties

(1)

The database operator must—

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(a)

ensure that facilities are available for persons who are unable to use

a computer or other electronic device, or do not wish to do so, to make

and maintain landlord and dwelling entries in the database,

(b)

ensure that local housing authorities are able to edit the database for

the purpose of carrying out the functions conferred on them by or

under this Chapter,

(c)

ensure that facilities are available for breaches of any requirement

imposed by section 80 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

(d)

publish advice and information explaining to residential landlords

and residential tenants their rights and obligations under this Chapter.

(2)

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

(a)

the performance of the database, and

(b)

any matters or trends relating to the database and the information

contained in it that the database operator considers are appropriate

to be brought to the attention of the Secretary of State.

(3)

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

matters—

(a)

as may be agreed between the database operator and the Secretary of

State, or

(b)

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

(4)

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

Access to and use of information in database

Access to the database

(1)

The Secretary of State may by regulations—

(a)

specify the information contained in active landlord and dwelling

entries in the database, and in entries made in the database under

section 81 , which the database operator is to make available to the

public,

(b)

make provision requiring an active landlord entry and an entry made

under section 81 in respect of the same person to be linked,

(c)

in the case of an entry made by a local housing authority in respect

of a person under section 81 —

(i)

specify the period after which information contained in the

entry is to be made available to the public, which must be no

less than 21 days beginning with the day on which the entry

is made,

(ii)

make provision for the person to be notified by the local

housing authority of the period for the purpose of making

representations to the authority about any errors in information

contained in the entry, and

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(iii)

specify the circumstances in which information contained in

such an entry is to cease to be available to the public, and

(d)

specify the manner and form in which information is to be made

available to the public by the database operator under the regulations.

(2)

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

following—

(a)

lead enforcement authorities,

(b)

local housing authorities,

(c)

local weights and measures authorities in England,

(d)

mayoral combined authorities, as defined by section 107A(8) of the

Local Democracy, Economic Development and Construction Act 2009,

and

(e)

the Greater London Authority.

(3)

If the Secretary of State is not the database operator, the database operator

must give access to information in the database to the Secretary of State.

Disclosure by database operator etc

(1)

The database operator must not disclose restricted information from the

database except—

(a)

in accordance with section 84 (2) , or

(b)

where authorised by regulations under this section.

(2)

The Secretary of State may by regulations make provision authorising the

disclosure from the database of restricted information where the disclosure

is necessary—

(a)

to enable or facilitate compliance with a statutory requirement specified

in the regulations,

(b)

to enable or facilitate compliance with a requirement of a rule of law

specified in the regulations, or

(c)

to facilitate the exercise of statutory functions specified in the

regulations.

(3)

The regulations may—

(a)

specify the manner and form in which the information may be

disclosed, and

(b)

impose restrictions on the use and further disclosure of information

disclosed under the regulations.

(4)

A disclosure authorised by the regulations does not breach—

(a)

any obligation of confidence owed by the database operator, or

(b)

any other restriction on the disclosure of information (however

imposed).

(5)

Nothing in this section or the regulations authorises the making of a disclosure

that would contravene the data protection legislation (but in determining

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whether a disclosure would do so, take into account the powers conferred

by this section and the regulations).

(6)

A person commits an offence if the person knowingly or recklessly discloses

restricted information in contravention of—

(a)

subsection (1) , or

(b)

a restriction on further disclosure imposed by regulations under this

section.

(7)

A person guilty of an offence under subsection (6) is liable on summary

conviction to a fine.

(8)

In this section—

“data protection legislation” has the same meaning as in the Data

Protection Act 2018 (see section 3 of that Act);

“restricted information” means information that—

(a)

is not made available to the public by virtue of regulations

under section 84 , and

(b)

relates to and identifies a particular person (including a body

corporate).

(9)

For the purposes of subsection (8) information identifies a particular person

if the identity of that person—

(a)

is specified in the information,

(b)

can be deduced from the information, or

(c)

can be deduced from the information taken together with any other

information.

Use of information from the database

(1)

A lead enforcement authority may only use information obtained from the

database for purposes connected with the authority’s functions under the

provisions of the landlord legislation for which it is responsible.

(2)

A local housing authority may only use information obtained from the

database for purposes connected with the authority’s functions relating to

housing, residential landlords or residential tenancies.

(3)

A local weights and measures authority may only use information obtained

from the database for purposes connected with the authority’s functions of

enforcing standards relating to housing.

(4)

A mayoral combined authority and the Greater London Authority may only

use information obtained from the database for purposes connected with the

authority’s functions relating to housing.

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Removal of entries

Removal of entries from database

(1)

The database operator must remove a landlord or dwelling entry from the

database if it has been an inactive entry throughout a continuous period of

5 years.

(2)

The database operator must remove an entry made under section 81 at the

end of the period of 10 years beginning with the day on which the entry is

made.

(3)

But if, in the case of an entry made in respect of a relevant banning order,

the ban imposed by the order continues after the end of the period mentioned

in subsection (2) , that subsection does not apply and the database operator

must remove the entry when the ban ends.

Enforcement

Restriction on gaining possession

(1)

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

(a)

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

(b)

after subsection (5ZA) (inserted by section 4 (2) (d) of this Act) insert—

“(5ZB)

The court may not make an order for possession of a

dwelling-house while the landlord (or, in the case of joint

landlords, any of the joint landlords) is in breach of section

80 (3) (a) of the Renters' Rights Act 2024 in relation to the

dwelling-house, unless the ground for possession is Ground

7A in Part 1 of Schedule 2 to this Act or Ground 14 in Part 2

of that Schedule.”

(2)

The Secretary of State may by regulations amend section 7 of the 1988 Act

for the purpose of changing—

(a)

the person or persons by whom, or

(b)

the circumstances in which,

a breach of section 80 (3) (a) of this Act prevents the making of an order for

possession.

Financial penalties

(1)

A local housing authority may impose a financial penalty on a person if

satisfied beyond reasonable doubt that the person has—

(a)

breached a requirement imposed by section 80 (1) , (2) or (3) ,

(b)

committed an offence under section 90 .

(2)

The amount of a financial penalty imposed under this section is to be

determined by the authority imposing it, but must not be more than—

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(a)

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

(b)

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

(3)

More than one financial penalty may be imposed under this section in respect

of the same conduct only if—

(a)

the conduct continues after the end of 28 days beginning with the day

after that on which the previous penalty in respect of the conduct was

imposed on the person, unless the person appeals against the decision

to impose the penalty within that period, or

(b)

if the person appeals against the decision to impose the penalty within

that period, the conduct continues after the end of 28 days beginning

with the day after that on which the appeal is finally determined,

withdrawn or abandoned.

(4)

Subsection (3) does not enable a penalty to be imposed after the final notice

in respect of the previous penalty has been withdrawn or quashed on appeal.

(5)

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

conduct if—

(a)

the person has been convicted of an offence under section 90 in respect

of the conduct,

(b)

criminal proceedings for an offence under that section in respect of

the conduct have been instituted against the person and the

proceedings have not been concluded, or

(c)

criminal proceedings for an offence under that section in respect of

the conduct have been concluded and the person has not been

convicted.

(6)

The Secretary of State may give guidance to local housing authorities about

the exercise of their functions under this section.

(7)

Local housing authorities must have regard to any guidance issued under

subsection (6) .

(8)

The Secretary of State may by regulations amend the amounts specified in

subsection (2) to reflect changes in the value of money.

(9)

For the purposes of this section and section 90 —

(a)

a financial penalty is imposed under this section on the date specified

in the final notice as the date on which the notice is given, and

(b)

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

Offences

(1)

A person commits an offence if the person knowingly or recklessly provides

information to the database operator which is false or misleading in a material

respect in purported compliance with a requirement imposed by regulations

under this Chapter.

(2)

A person commits an offence if—

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(a)

a relevant penalty has been imposed on the person and the final notice

imposing the penalty has not been withdrawn, and

(b)

the conduct in respect of which the penalty was imposed continues

after the end of the period of 28 days beginning with—

(i)

the day after that on which the penalty was imposed on the

person, or

(ii)

if the person appeals against the decision to impose the penalty

within that period, the day after that on which the appeal is

finally determined, withdrawn or abandoned.

(3)

A person commits an offence if—

(a)

a relevant penalty has been imposed on the person in respect of a

breach of a requirement imposed by section 80 (1) , (2) or (3) and the

final notice imposing the penalty has not been withdrawn, and

(b)

the person engages in conduct which constitutes a different breach of

such a requirement within the period of five years beginning with the

day on which the penalty was imposed.

(4)

A person commits an offence if—

(a)

either—

(i)

a relevant penalty has been imposed on the person in respect

of an offence under this section and the final notice imposing

the penalty has not been withdrawn, or

(ii)

the person has been convicted of such an offence, and

(b)

the person breaches a requirement imposed by section 80 (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.

(5)

In subsections (2) to (4) “relevant penalty” means a financial penalty which

is imposed under section 89 where—

(a)

the period for bringing an appeal against the decision to impose the

penalty under paragraph 10 of Schedule 5 has expired without an

appeal being brought,

(b)

an appeal against the decision to impose penalty under that paragraph

has been withdrawn or abandoned, or

(c)

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

appeal.

(6)

A person may not be convicted of an offence under subsections (1) , (3) or (4)

if a financial penalty has been imposed under section 89 in respect of the

same conduct.

(7)

A person guilty of an offence under this section is liable on summary

conviction to a fine.

(8)

Where an offence under this section committed by a body corporate is proved

to have been committed with the consent or connivance of, or to be attributable

to any neglect on the part of, an officer of a body corporate, the officer as

Page 112

well as the body corporate commits the offence and is liable to be proceeded

against and punished accordingly.

(9)

Where the affairs of a body corporate are managed by its members, subsection

(8) applies in relation to the acts and defaults of a member in connection with

the member's functions of management as if the member were an officer of

the body corporate.

Final provisions

Power to direct database operator and local housing authorities

(1)

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

(a)

to the database operator about the manner in which it is to exercise

its functions, and

(b)

to local housing authorities about the manner in which they are to

exercise the functions conferred on them by or under this Chapter.

(2)

Directions under subsection (1) may provide, in particular, that a function is

only to be exercised—

(a)

after consultation with the Secretary of State, or

(b)

with the consent of the Secretary of State.

(3)

Subsection (1) (a) does not apply if the Secretary of State is the database

operator.

Entries under

(1)

The Housing and Planning Act 2016 is amended as follows.

(2)

In section 28 (database of rogue landlords and property agents), after

subsection (3) insert—

“(4)

In relation to rogue landlords, see also the database established under

section 73 of the Renters' Rights Act 2024.”

(3)

In section 29 (duty to include person with banning order), after subsection

(2) insert—

“(3)

In this section, references to a “banning order” are to a banning order

made—

(a)

before the day on which Chapter 3 of Part 2 of the Renters'

Rights Act 2024 comes into force, or

(b)

on or after that day if—

(i)

the order does not ban the person against whom it is

made from letting housing in England, or

(ii)

the order relates to an offence to which subsection (4)

applies.

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(4)

This subsection applies to an offence which was committed by a person

who at the time was neither—

(a)

a residential landlord as defined in Part 2 of the Renters' Rights

Act 2024 (see sections 61 and 97 (2) of that Act), nor

(b)

marketing a dwelling for the purpose of creating a residential

tenancy, as defined for the purposes of that Part of that Act

(see section 97 (3) to (7) of that Act).”

(4)

In section 30 (power to include person convicted of banning order offence),

after subsection (7)—

“(8)

In this section, references to a “banning order offence” are to a banning

order offence committed—

(a)

before the day on which Chapter 3 of Part 2 of the Renters'

Rights Act 2024 comes into force, or

(b)

on or after that day if it is an offence to which subsection (9)

applies.

(9)

This subsection applies to a banning order offence which was

committed by a person who at the time was neither—

(a)

a residential landlord as defined in Part 2 of the Renters' Rights

Act 2024 (see sections 61 and 97 (2) of that Act), nor

(b)

marketing a dwelling for the purpose of creating a residential

tenancy, as defined for the purposes of that Part of that Act

(see section 97 (3) to (7) of that Act).”

Different provision for different purposes: joint landlords

The different provision that may be made in regulations under this Chapter

by virtue of section 137 (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.

Interpretation of

(1)

In this Chapter—

“database” means the database established under section 73 ;

“lead enforcement authority” and “the landlord legislation” have the

same meanings as in Part 4;

“relevant banning order” and “relevant banning order offence” have the

meanings given by section 81 ;

“unique identifier” has the meaning given by section 82 (1) .

(2)

Section 108 (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 .

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Chapter 4

Part 2: supplementary provision

Financial assistance by Secretary of State

The Secretary of State may give financial assistance (by way of grant, loan guarantee

or in any other form) or make other payments to a person who exercises functions

under or by virtue of this Part.

Rent repayment orders for offences under the Housing Act 1988 and sections

65 and 90 of this Act

(1)

The Housing and Planning Act 2016 is amended as follows.

(2)

In section 40 (introduction and key definitions), in subsection (3)—

(a)

at the end of line 2 of the table in that subsection insert—

“2A

Housing Act 1988

section 16J (1)

Knowingly or

recklessly misusing

a possession

ground

section 16J (2)

Breach of restriction

on letting or

marketing

dwelling-house

section 16J (3)

Tenancy reform:

continuing

breaches”;

(b)

at the end of the table in that subsection insert—

“8

Renters' Rights Act

section 65 (1)

Landlord redress

2024

schemes:

continuing breaches

section 90 (1)

Private rented

sector database:

provision of false

or misleading

information

section 90 (2) (but

Private rented

only if the penalty

sector database:

imposed relates to

continuing

a breach of a

breaches”.

requirement

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imposed by section

80 (3) )

(3)

In section 41 (application for rent repayment order)—

(a)

in subsection (2)(b), for “12 months” substitute “2 years”;

(b)

after subsection (2) insert—

“(2A)

The requirement in subsection (2)(a) does not apply to an

application for a rent repayment order in relation to an offence

under section 16J (1) or (2) of the Housing Act 1988.”

(4)

In section 42 (notice of intended proceedings), in subsection (5), for “12

months” substitute “2 years”.

(5)

In section 44 (amount of order: tenants)—

(a)

in subsection (2), in the first column of the table—

(i)

in the first row, for “or 2” substitute “, 2, 2A, 2B or 9”, and

(ii)

in the second row, for “3” to “7” substitute “2C, 3, 4, 5, 6, 7, 8

or 10”;

(b)

in subsection (4)—

(i)

omit the “and” at the end of paragraph (b),

(ii)

in paragraph (c), after “of” insert “, or received a financial

penalty in respect of,”, and

(iii)

at the end of paragraph (c) insert “, and

“(d)

whether the landlord has at any time had a rent

repayment order made against them.”

(6)

In section 45 (amount of order: local housing authorities)—

(a)

in subsection (2), in the first column of the table —

(i)

in the first row, for “or 2” substitute “, 2, 2A, 2B or 9”, and

(ii)

in the second row, for “3” to “7” substitute “2C, 3, 4, 5, 6, 7, 8

or 10”;

(b)

in subsection (4)—

(i)

omit the “and” at the end of paragraph (b),

(ii)

in paragraph (c), after “of” insert “, or received a financial

penalty in respect of,”, and

(iii)

at the end of paragraph (c) insert “, and

“(d)

whether the landlord has at any time had a rent

repayment order made against them.”

(7)

In section 46 (amount of order following conviction)—

(a)

in subsection (1), for “both” substitute “either”;

(b)

for subsection (3) substitute—

“(3)

Condition 2 is that the order is made against a landlord in

relation to an offence (the “relevant offence”) where the

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landlord has at any time (whether or not in relation to the

same tenancy or housing)—

(a)

been convicted of another offence which is the same

offence as the relevant offence,

(b)

received a financial penalty in respect of another offence

which is the same offence as the relevant offence, or

(c)

had a rent repayment order made against them in

respect of another offence which is the same offence as

the relevant offence.”;

(c)

after subsection (4) insert—

“(4A)

For the purposes of subsection (3), an offence under section

72(1) of the Housing Act 2004 is to be treated as the same

offence as an offence under section 95(1) of that Act (and vice

versa).”

Interpretation of Part 2

(1)

In this Part “dwelling” has the meaning given by section 61 (2) .

(2)

For the meanings of “residential landlord”, “residential tenancy” and

“residential tenant” in this Part, see section 61 .

(3)

For the purposes of this Part, a person markets a dwelling for the purpose

of creating a residential tenancy when—

(a)

the person advertises that the dwelling is or may be available for let

under a residential tenancy, or

(b)

in the course of lettings agency work, the person informs any other

person that the dwelling is or may be so available.

(4)

But subsection (3) (a) does not apply in relation to a person who publishes an

advertisement in the course of a business that does not involve lettings agency

work if the advertisement has been provided by another person.

(5)

For the purposes of this section, “lettings agency work” means things done

by a person in the course of a business in response to instructions received

from—

(a)

a person (“a prospective landlord”) seeking to find another person to

whom to let a dwelling, or

(b)

a person (“a prospective tenant”) seeking to find a dwelling to rent.

(6)

However, “lettings agency work” does not include any of the following things

when done by a person who does nothing else within subsection (5) —

(a)

publishing advertisements or disseminating information;

(b)

providing a means by which a prospective landlord or a prospective

tenant can, in response to an advertisement or dissemination of

information, make direct contact with a prospective tenant or

prospective landlord;

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(c)

providing a means by which a prospective landlord and a prospective

tenant can communicate directly with each other.

(7)

“Lettings agency work” also does not include things of a description, or things

done by a person of a description, specified in regulations made by the

Secretary of State.

Part 3

Decent homes standard

Decent homes standard

(1)

The Housing Act 2004 is amended as follows.

(2)

In section 1 (new system for assessing housing conditions and enforcing

housing standards), after subsection (3) insert—

“(3A)

This Part also provides—

(a)

for regulations to specify requirements that must be met in

England by qualifying residential premises, and

(b)

for the enforcement of those requirements by local housing

authorities in England.”

(3)

In subsection (4) of that section, after paragraph (d) insert—

“(e)

accommodation in England—

(i)

the availability for occupation of which is secured under

Part 7 of the Housing Act 1996 (homelessness), and

(ii)

that is of a description specified by regulations made

by the Secretary of State.”

(4)

After subsection (4) of that section, insert—

“(4A)

Before making regulations under subsection (4)(e)(ii), the Secretary of

State must consult such persons as the Secretary of State considers

appropriate.

(4B)

The requirement to consult under subsection (4A) may be satisfied by

consultation before (as well as after) the passing of the Renters’ Rights

Act 2024.”

(5)

After section 2 insert—

“Additional standards for certain housing in England

Power to set standards for qualifying residential premises

(1)

The Secretary of State may by regulations specify requirements to be

met by qualifying residential premises.

(2)

The matters which may be covered by the requirements include (but

are not limited to) the following matters—

Page 118

(a)

the state of repair of the premises,

(b)

things to be provided for use by, or for the safety, security or

comfort of, persons occupying the premises, and

(c)

the means of keeping the premises at a suitable temperature.

(3)

The requirements are to consist of one or both of the following—

(a)

requirements which the Secretary of State considers appropriate

to be subject to enforcement under section 5 (duty of local

housing authorities to take enforcement action), referred to in

this Part as “type 1 requirements”, and

(b)

requirements which the Secretary of State considers appropriate

to be subject to enforcement under section 7 (power of local

housing authorities to take enforcement action), referred to in

this Part as “type 2 requirements”.

(4)

The regulations may contain exceptions from the requirements.

Qualifying residential premises

(1)

The following are “qualifying residential premises” for the purposes

of this Part—

(a)

a dwelling or HMO in England—

(i)

which is let under a relevant tenancy, or

(ii)

which is supported exempt accommodation,

except where the dwelling or HMO is social housing and the

landlord under the tenancy, or the provider of the

accommodation, is a registered provider of social housing,

(b)

an HMO in England where at least one unit of accommodation

which forms part of the HMO is let on a relevant tenancy,

except where the unit is social housing and the landlord under

the tenancy is a registered provider of social housing,

(c)

any accommodation falling within paragraph (e) of the

definition of “residential premises” in section 1(4)

(homelessness), except where the accommodation is social

housing and the provider of the accommodation is a registered

provider of social housing, and

(d)

any common parts of a building in England containing one or

more flats falling within paragraph (a) , (b) or (c) of this

subsection.

(2)

In this Part—

“relevant tenancy” means—

(a)

an assured tenancy within the meaning of the Housing

Act 1988,

(b)

an assured agricultural occupancy within the meaning

of Part 1 of that Act, or

Page 119

(c)

a regulated tenancy within the meaning of the Rent Act

1977;

“social housing” has the same meaning as in Part 2 of the Housing

and Regeneration Act 2008;

“supported exempt accommodation” has the same meaning as in

the Supported Housing (Regulatory Oversight) Act 2023 (see

section 12 of that Act).

(3)

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

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

particular kind of—

(a)

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

years, or

(b)

licence to occupy.

(4)

Before making regulations under subsection (3), the Secretary of State

must consult such persons as the Secretary of State considers

appropriate.

(6)

In Schedule 4 , Part 1 contains amendments of the Housing Act 2004 and Part

2 contains amendments of other Acts.

Part 4

Enforcement

Chapter 1

Sanctions

Financial penalties

Schedule 5 makes provision about—

(a)

the procedure for imposing a financial penalty under section 39 , 64

or 89 ,

(b)

appeals against financial penalties under those sections,

(c)

enforcement of financial penalties under those sections, and

(d)

how local housing authorities are to deal with the proceeds of financial

penalties under those sections.

100

Rent repayment orders: liability of landlords and superior landlords

(1)

The Housing and Planning Act 2016 is amended as follows.

(2)

In section 40 (introduction and key definitions), for subsections (1) and (2)

substitute—

“(1)

This Chapter confers power on the First-tier Tribunal to make a rent

repayment order where an offence to which this Chapter applies has

been committed by—

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(a)

a landlord under a tenancy of housing in England, or

(b)

any superior landlord in relation to such a tenancy.

(2)

A rent repayment order is an order requiring the landlord to—

(a)

pay a tenant an amount in respect of rent paid by or on behalf

of the tenant, or

(b)

pay a local housing authority an amount in respect of a relevant

award of universal credit paid (to any person) in respect of

rent under the tenancy.”

(3)

In section 43 (making of rent repayment order), at the end of subsection (3)

insert—

“(d)

section 46A (where an order is made against more than one

landlord or there has been a previous order).”

(4)

In section 44 (amount of order: tenants)—

(a)

in subsection (2)—

(i)

for “during” substitute “in respect of”, and

(ii)

for “12 months” (in both places) substitute “2 years”, and

(b)

in subsection (3), for “repay” substitute “pay”.

(5)

In section 45 (amount of order: local housing authorities)—

(a)

in subsection (2)—

(i)

for “during” substitute “in respect of”, and

(ii)

for “12 months” (in both places) substitute “2 years”, and

(b)

in subsection (3)—

(i)

for “repay” substitute “pay”, and

(ii)

omit “that the landlord” (in the second place).

(6)

After section 46 insert—

“46A

Amount of order: supplementary

(1)

A rent repayment order made against more than one landlord must

provide for the landlords to be jointly and severally liable for the

amount due under the order.

(2)

If a rent repayment order (“the original order”) has been made in

respect of rent under a tenancy and another rent repayment order

(“the new order”) is made in respect of rent under the same tenancy,

the new order may not require payment to be made in respect of any

period in respect of which the original order required payment to be

made.”

(7)

In section 52 (interpretation), after subsection (2) insert—

“(3)

In the case of an application for a rent repayment order made, or to

be made, against a superior landlord—

(a)

references in this Chapter to the landlord are to be read as

references to the superior landlord, and

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(b)

housing in relation to which the person in question is a superior

landlord is to be treated for the purposes of this Chapter as

let by that person.”

101

Rent repayment orders: liability of directors etc

In the Housing and Planning Act 2016, after section 51 insert—

“51A

Landlord which is body corporate: liability of directors etc

(1)

This section applies where—

(a)

a landlord which is a body corporate has committed an offence

to which this Chapter applies, and

(b)

the offence—

(i)

was committed with the consent or connivance of a

relevant person in relation to the body corporate, or of

a person purporting to act in the capacity of a relevant

person in relation to the body corporate, or

(ii)

was a specified offence and was attributable to any

neglect on the part of such a person.

(2)

That person, as well as the body corporate, is treated for the purposes

of this Chapter as having committed the offence.

(3)

In this Chapter a reference to the landlord includes that person.

(4)

In this section—

“relevant person” means—

(a)

in relation to a body corporate other than one the affairs

of which are managed by its members, a director,

manager, secretary or other similar officer of the body;

(b)

in relation to a body corporate the affairs of which are

managed by its members, a member who exercises

functions of management with respect to it;

“specified offence” means an offence under—

(a)

section 1(2) of the Protection from Eviction Act 1977;

(b)

section 16J(2) or (3) of the Housing Act 1988;

(c)

section 30(1), 32(1), 72(1) or 95(1) of the Housing Act

2004;

(d)

section 21 of this Act;

(e)

section 65 (1) or 90 (2) of the Renters' Rights Act 2024.”

102

Unlicensed HMOs and houses: offences

(1)

Section 72 of the Housing Act 2004 (offences in relation to licensing of HMOs)

is amended in accordance with subsections (2) to (4) .

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(2)

For subsection (1) substitute—

“(1)

If an HMO is required to be licensed under this Part (see section 61(1))

but is not so licensed, an offence is committed by—

(a)

any person within subsection (1A) , and

(b)

any person who as landlord under a tenancy or licensor under

a licence to occupy has an estate or interest in, or a right in

relation to, the HMO that is superior (whether directly or

indirectly) to the estate, interest or right of any person within

subsection (1A) .

(1A)

The following are within this subsection—

(a)

any person having control of or managing the HMO, and

(b)

any person who is the landlord or licensor in relation to a

person occupying the HMO under a tenancy or licence.”

(3)

After subsection (4) insert—

“(4A)

In proceedings against a person for an offence under subsection (1) (a)

it is a defence for them to prove that they had a reasonable excuse—

(a)

for having control of or managing the HMO, or

(b)

for being the landlord or licensor in relation to a person

occupying the HMO under a tenancy or licence,

in circumstances in which the HMO was required to be licensed under

this Part but was not so licensed.

(4B)

In proceedings against a person for an offence under subsection (1) (b)

it is a defence for them to prove that they—

(a)

did not know, and had a reasonable excuse for not knowing,

that the building or part of the building concerned was an

HMO,

(b)

took all reasonably practicable steps to ensure that the HMO

was licensed under this Part, or

(c)

had some other reasonable excuse for failing to ensure that the

HMO was so licensed.”

(4)

In subsection (5)—

(a)

for “subsection (1), (2) or (3)” substitute “subsection (2) or (3)”, and

(b)

omit paragraph (a) (together with the “or” at the end of it).

(5)

Section 95 of the Housing Act 2004 (offences in relation to licensing of houses

under Part 3) is amended in accordance with subsections (6) to (8) .

(6)

For subsection (1) substitute—

“(1)

If a house is required to be licensed under this Part (see section 85(1))

but is not so licensed, an offence is committed by—

(a)

any person within subsection (1A) , and

(b)

any person who as landlord under a tenancy or licensor under

a licence to occupy has an estate or interest in, or a right in

Page 123

relation to, the house that is superior (whether directly or

indirectly) to the estate, interest or right of any person within

subsection (1A) .

(1A)

The following are within this subsection—

(a)

any person having control of or managing the house;

(b)

any person who is the landlord or licensor in relation to a

person occupying the house under a tenancy or licence.”

(7)

After subsection (3) insert—

“(3A)

In proceedings against a person for an offence under subsection (1) (a)

it is a defence for them to prove that they had a reasonable excuse—

(a)

for having control of or managing the house, or

(b)

for being the landlord or licensor in relation to a person

occupying the house under a tenancy or licence,

in circumstances in which the house was required to be licensed under

this Part but was not so licensed.

(3B)

In proceedings against a person for an offence under subsection (1) (b)

it is a defence for them to prove that they—

(a)

did not know, and had a reasonable excuse for not knowing,

that the house was one to which this Part applies,

(b)

took all reasonably practicable steps to ensure that the house

was licensed under this Part, or

(c)

had some other reasonable excuse for failing to ensure that the

house was so licensed.”

(8)

In subsection (4)—

(a)

for “subsection (1) or (2)” substitute “subsection (2)”, and

(b)

for the words following “excuse” substitute “for failing to comply with

the condition”.

103

Service of improvement notices on landlords and licensors

In Schedule 1 to the Housing Act 2004 (procedure and appeals relating to

improvement notices), in paragraph 2(2)—

(a)

after “the notice” insert “on whichever of the following the authority

considers ought to take the action specified in it”,

(b)

in paragraphs (a) and (b), omit “on” in each place, and

(c)

after paragraph (b) insert—

“(c)

(in either case) if the premises or any part of them are

let under a tenancy that is periodic or was granted for

a term of 21 years or less, or are occupied under a

licence—

(i)

the landlord or licensor;

(ii)

any superior landlord or licensor.”

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Chapter 2

Enforcement authorities

104

Enforcement by local housing authorities: general duty

(1)

It is the duty of every local housing authority to enforce the landlord legislation in

its area.

(2)

But the duty in subsection (1) does not prevent a local housing authority from

taking enforcement action in respect of a breach of, or an offence under, the

landlord legislation which occurs outside of its area.

(3)

The duty is also subject to sections 105 (3) (enforcement by another local

housing authority), 106 (3) (enforcement by county council in England which

is not a local housing authority) and 110 (4) (enforcement by the lead

enforcement authority).

(4)

A county council in England which is not a local housing authority may—

(a)

enforce the landlord legislation;

(b)

for that purpose, exercise any powers that a local housing authority

may exercise for the purposes of enforcing that legislation.

(5)

In this Part “the landlord legislation” means—

(a)

Chapters 3 and 6 of Part 1 of this Act,

(b)

Part 2 of this Act,

(c)

sections 1 and 1A of the Protection from Eviction Act 1977, and

(d)

Chapter 1 of Part 1 of the 1988 Act.

(6)

For the purposes of this Part , a reference to taking enforcement action is a

reference to—

(a)

imposing a financial penalty, or

(b)

instituting proceedings against a person for an offence,

under the landlord legislation.

105

Enforcement by local housing authorities: duty to notify

(1)

Where a local housing authority (“LA1”) proposes to take enforcement action

in respect of a breach of, or an offence under, the landlord legislation which

occurs (or which also occurs) in the area of another local housing authority

(“LA2”), LA1 must notify LA2 that it proposes to do so.

(2)

If LA1 notifies LA2 under subsection (1) but does not take the action referred

to in that subsection, LA1 must notify LA2 of that fact.

(3)

Where a local housing authority receives a notification under subsection (1)

, the authority is relieved of the duty under section 104 (1) in relation to the

breach or offence unless the authority receives a notification under subsection

(2) .

(4)

Subsection (5) applies where—

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(a)

a local housing authority (“LA1”) has imposed a financial penalty

under the landlord legislation,

(b)

the breach or offence to which the penalty relates occurred in the area

of another local housing authority (“LA2”), and

(c)

the final notice imposing the penalty has not been withdrawn.

(5)

LA1 must notify LA2 as soon as reasonably practicable if—

(a)

the period for bringing an appeal against the penalty expires without

an appeal being brought,

(b)

an appeal against the penalty is withdrawn or abandoned, or

(c)

the final notice imposing the penalty is confirmed or varied on appeal.

(6)

Subsection (7) applies where—

(a)

a local housing authority (“LA1”) has instituted proceedings against

a person for an offence under the landlord legislation, and

(b)

the conduct to which the offence relates occurred in the area of another

local housing authority (“LA2”).

(7)

LA1 must notify LA2 as soon as reasonably practicable if the person is

convicted of the offence.

106

Enforcement by county councils: duty to notify

(1)

A county council in England—

(a)

which is not a local housing authority, and

(b)

which proposes to take enforcement action in respect of a breach of,

or an offence under, the landlord legislation,

must notify any local housing authority in whose area the breach or offence

occurred.

(2)

If the county council notifies a local housing authority under subsection (1)

but does not take the action referred to in that subsection, it must notify the

local housing authority of that fact.

(3)

Where a local housing authority receives a notification under subsection (1)

, the authority is relieved of the duty under section 104 (1) in relation to the

breach or offence unless the authority receives notification under subsection

(2) .

(4)

Subsection (5) applies where—

(a)

a county council in England which is not a local housing authority

has imposed a financial penalty in respect of a breach of, or an offence

under, the landlord legislation, and

(b)

the final notice imposing the penalty has not been withdrawn.

(5)

The county council must as soon as reasonably practicable notify any local

housing authority in whose area the breach or offence occurred if—

(a)

the period for bringing an appeal against the penalty expires without

an appeal being brought,

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(b)

an appeal against the penalty is withdrawn or abandoned, or

(c)

the final notice imposing the penalty is confirmed or varied on appeal.

(6)

A county council in England—

(a)

which is not a local housing authority, and

(b)

which institutes proceedings against a person for an offence under

the landlord legislation,

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.

107

Duty to report

(1)

A local housing authority, or a county council which is not a local housing

authority, must report to the Secretary of State on the exercise of its functions

under the landlord legislation.

(2)

A report under subsection (1) must—

(a)

be provided at such time and in such form as the Secretary of State

requires, and

(b)

contain such information as the Secretary of State requires.

108

Lead enforcement authority

(1)

The Secretary of State may make arrangements for a relevant person to be the lead

enforcement authority for the purposes of any provisions of the landlord legislation.

(2)

The arrangements may include arrangements—

(a)

for payments by the Secretary of State;

(b)

about bringing the arrangements to an end.

(3)

The Secretary of State may by regulations made by statutory instrument make

transitional or saving provision which applies when there is a change in the

lead enforcement authority for any provisions of the landlord legislation.

(4)

The regulations may relate to a specific change in the lead enforcement

authority or to changes that might arise from time to time.

(5)

In this Part —

“lead enforcement authority” means a relevant person which the Secretary

of State has arranged to be a lead enforcement authority under

subsection (1) ;

“relevant person” means—

(a)

a combined authority established under section 103 of the Local

Democracy, Economic Development and Construction Act 2009,

(b)

the Greater London Authority, or

(c)

a local housing authority.

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(6)

For the purposes of this Part , a lead enforcement authority is “responsible”

for the provisions of the landlord legislation for the purposes of which it is

such an authority under arrangements made under subsection (1) .

109

General duties and powers of lead enforcement authority

(1)

A lead enforcement authority must oversee the operation of the provisions

for which it is responsible.

(2)

A lead enforcement authority must provide—

(a)

relevant local authorities, and

(b)

the public in England,

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.

(3)

A lead enforcement authority may disclose information to a relevant local

authority for the purposes of enabling that authority to determine whether

there has been a breach of, or an offence under, the provisions for which the

lead enforcement authority is responsible.

(4)

A lead enforcement authority may issue guidance to relevant local authorities

about the exercise of their functions under any of the provisions for which it

is responsible.

(5)

Relevant local authorities must have regard to any guidance issued under

subsection (4) .

(6)

A lead enforcement authority must keep under review and from time to time

advise the Secretary of State about the following—

(a)

the operation of the landlord provisions for which it is responsible;

(b)

social and commercial developments relating to tenancies in England,

other than tenancies of social housing, so far as it considers those

developments relevant to the provisions for which it is responsible.

(7)

The Secretary of State may give a lead enforcement authority directions as

to the exercise of any of its functions.

(8)

A direction may relate to all or particular kinds of relevant local authorities

and may make different provision for different purposes.

(9)

In this section—

“relevant local authority” means—

(a)

a local housing authority, or

(b)

a county council in England which is not a local housing

authority;

“social housing” has the same meaning as in Part 2 of the Housing and

Regeneration Act 2008;

“tenancies” includes licences to occupy.

Page 128

110

Enforcement by the lead enforcement authority

(1)

A lead enforcement authority may—

(a)

take steps to enforce the provisions for which it is responsible where

it considers it necessary or expedient to do so;

(b)

for that purpose, exercise any powers that a local housing authority

may exercise for the purpose of the enforcement of those provisions.

(2)

Where a lead enforcement authority proposes to take steps under subsection

(1) in respect of a breach of, or an offence under, the provisions for which it

is responsible, it must notify the local housing authority in whose area the

breach or offence occurred that it proposes to do so.

(3)

If a lead enforcement authority notifies a local housing authority under

subsection (2) but does not take the steps referred to in that subsection, the

lead enforcement authority must notify the local housing authority of that

fact.

(4)

Where a local housing authority receives a notification under subsection (2)

, the authority is relieved of the duty under section 104 (1) in relation to the

breach or offence unless the authority receives a notification under subsection

(3) .

(5)

But a lead enforcement authority may require a local housing authority to

assist the lead enforcement authority in taking the steps referred to in

subsection (1) .

(6)

A relevant local authority must report to a lead enforcement authority,

whenever the lead enforcement authority requires and in such form and with

such particulars as it requires, on the exercise of that relevant local authority’s

functions under the provisions for which the lead enforcement authority is

responsible.

(7)

The powers of a local housing authority referred to in subsection (1)(b) include

the power to authorise persons to exercise powers of officers under Chapter

3 (see section 129 (2) ).

(8)

Section 123 (7) is to be read, in relation to an officer of a lead enforcement

authority, as if—

(a)

the reference to a deputy chief officer whose duties relate to a purpose

within subsection (1) (b) of that section were a reference to—

(i)

a person who is employed by, or acts on the instructions of,

the body which is the lead enforcement authority and has

overall responsibility for the exercise of the functions of that

body in that capacity (“the head of the lead enforcement

authority”), or

(ii)

a person who is employed by, or acts on the instructions of,

the lead enforcement authority, and has been authorised by

the head of the lead enforcement authority to give special

authorisations within the meaning of section 123 , and

(b)

paragraph (b) (ii) were omitted.

Page 129

(9)

In this section “relevant local authority” has the same meaning as in section

109 .

Chapter 3

Investigatory powers

Investigatory powers under this Act

111

Power of local housing authority to require information from relevant person

(1)

An officer of a local housing authority may, for purposes connected with any

function of the authority under or by virtue of legislation set out in the list

in subsection (3) , give a notice to a relevant person requiring the person to

provide the local housing authority or an officer with the information specified

in the notice.

(2)

In this Chapter “relevant person”, in relation to a power under this Chapter,

means a person who has, in the twelve months ending with the day on which

the power is exercised—

(a)

had an estate or interest in premises which consist of or include any

relevant accommodation, otherwise than as a mortgagee not in

possession,

(b)

been a licensor of premises which consist of or include any relevant

accommodation,

(c)

acted or purported to act on behalf of a person within paragraph (a)

or (b) , or

(d)

marketed any relevant accommodation for the purposes of creating a

residential tenancy, within the meaning of Part 2 (see section 97 ).

(3)

Here is the list—

sections 1 and 1A of the Protection from Eviction Act 1977;

Chapter 1 of Part 1 of the Housing Act 1988;

section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013 ;

sections 21 to 23 of the Housing and Planning Act 2016;

Chapter 3 of Part 1 and Part 2 of this Act.

(4)

A notice under this section must be in writing and must specify that it is

given under this section.

(5)

The notice may specify—

(a)

the time within which and the manner in which the relevant person

to whom it is given must comply with it;

(b)

the form in which information must be provided.

(6)

The notice may require—

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(a)

the creation of documents, or documents of a description, specified in

the notice, and

(b)

the provision of those documents to an enforcement authority or

officer.

(7)

The notice must include information about the possible consequences of not

complying with a notice under this section.

(8)

A requirement to provide information or create a document is a requirement

to do so in a legible form.

(9)

A notice under this section does not require a person to provide any

information or create any documents which the person would be entitled to

refuse to provide or produce in proceedings in the High Court on the grounds

of legal professional privilege.

(10)

In subsection (2) “relevant accommodation” means any residential

accommodation in England that is connected with the exercise or proposed

exercise of the function in relation to which the power under this Chapter is

exercised.

112

Power of local housing authority to require information from any person

(1)

Where an officer of a local housing authority reasonably suspects that there

has been a breach of, or an offence under, the rented accommodation

legislation, the officer may for a purpose mentioned in subsection (2) give

notice to any person requiring the person to provide the local housing

authority or an officer with information specified in the notice.

(2)

The purposes are—

(a)

investigating whether there has been a breach of, or an offence under,

the rented accommodation legislation, or

(b)

determining the amount of a penalty under that legislation.

(3)

In this Chapter “the rented accommodation legislation” means—

sections 1 and 1A of the Protection from Eviction Act 1977;

Chapter 1 of Part 1 of the Housing Act 1988;

Parts 1 to 4 and 7 of the Housing Act 2004 so far as relating to qualifying

residential premises within the meaning given by section 2B of that Act;

section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013 ;

sections 21 to 23 of the Housing and Planning Act 2016;

Chapter 3 of Part 1 and Part 2 of this Act.

(4)

A notice under this section must be in writing and must specify that it is

given under this section.

(5)

The notice may specify—

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(a)

the time within which and the manner in which the person to whom

it is given must comply with it;

(b)

the form in which information must be provided.

(6)

The notice may require—

(a)

the creation of documents, or documents of a description, specified

in the notice, and

(b)

the provision of those documents to an enforcement authority or

officer.

(7)

The notice must include information about the possible consequences of not

complying with a notice under this section.

(8)

A requirement to provide information or create a document is a requirement

to do so in a legible form.

113

Enforcement of power to require information from any person

(1)

If a person fails to comply with a notice under section 112 , the local housing

authority or an officer of the authority may make an application under this

section to the court.

(2)

If it appears to the court that the person has failed to comply with the notice,

it may make an order under this section.

(3)

An order under this section is an order requiring the person to do anything

that the court thinks it is reasonable for the person to do, for any of the

purposes for which the notice was given, to ensure that the notice is complied

with.

(4)

An order under this section may require the person to meet the costs of the

application.

(5)

If the person is a company, partnership or unincorporated association, the

court in acting under subsection (4) may require an official who is responsible

for the failure to meet the costs or expenses.

(6)

In this section—

“the court” means—

(a)

the High Court, or

(b)

the county court;

“official” means—

(a)

in the case of a company, a director, manager, secretary or

other similar officer,

(b)

in the case of a limited liability partnership, a member,

(c)

in the case of a partnership other than a limited liability

partnership, a partner, and

(d)

in the case of an unincorporated association, a person who is

concerned in the management or control of its affairs.

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114

Limitation on use of information provided under section

(1)

In any criminal proceedings against a person who provides information in

response to a notice under section 112 (including information contained in a

document created in response to such a notice)—

(a)

no evidence relating to the information may be adduced by or on

behalf of the prosecution, and

(b)

no question relating to the information may be asked by or on behalf

of the prosecution.

(2)

Subsection (1) does not apply if, in the proceedings—

(a)

evidence relating to the information is adduced by or on behalf of the

person providing it, or

(b)

a question relating to the information is asked by or on behalf of that

person.

(3)

Subsection (1) does not apply if the proceedings are for an offence under

section 5 of the Perjury Act 1911 (false statutory declarations and other false

statements without oath).

115

Business premises: entry without warrant

(1)

An officer of a local housing authority may, at any reasonable time, enter any

premises in England if—

(a)

the officer reasonably believes the premises to be occupied by a

relevant person for the purposes of a rental sector business, and

(b)

the officer considers it necessary to enter the premises in order to

exercise the powers under section 119 or 120 for purposes connected

with any function of the authority under or by virtue of the rented

accommodation legislation.

(2)

Subsection (1) does not authorise entry into premises used wholly or mainly

as residential accommodation.

(3)

In the case of a routine inspection, the power in subsection (1) may only be

exercised if a notice has been given to an occupier of the premises in

accordance with the requirements in subsection (4) , unless subsection (5)

applies.

(4)

Those requirements are that—

(a)

the notice is in writing and is given by an officer of the local housing

authority,

(b)

the notice sets out why the entry is necessary and indicates the nature

of the offences under section 128 (1) and (2) , and

(c)

there are at least 24 hours between the giving of the notice and the

entry.

(5)

A notice need not be given if the occupier (or one of the occupiers if there is

more than one) has waived the requirement to give notice.

Page 133

(6)

In this section “routine inspection” means an exercise of the power in

subsection (1) other than where—

(a)

the officer reasonably considers that to give notice in accordance with

subsection (3) would defeat the purpose of the entry, or

(b)

it is not reasonably practicable in all the circumstances to give notice

in accordance with that subsection.

(7)

An officer entering premises under subsection (1) may be accompanied by

such persons, and may take onto the premises such equipment, as the officer

thinks necessary.

(8)

An officer entering premises under subsection (1) may take photographs or

make recordings.

(9)

In this section “rental sector business” means a business connected with—

(a)

the letting of residential accommodation in England,

(b)

the creation of licences to occupy such accommodation,

(c)

the marketing of such accommodation for the purpose of creating a

tenancy or licence to occupy, or

(d)

the management of such accommodation when occupied under a

tenancy or licence to occupy.

116

Duties where occupiers are on business premises entered without warrant

(1)

If an officer of a local housing authority enters premises under section 115 (1)

and finds one or more occupiers on the premises, the officer must—

(a)

produce evidence of the officer's identity and authority to that occupier

or (if there is more than one) to at least one of them, and

(b)

if the entry takes place otherwise than in the course of a routine

inspection, provide to that occupier or (if there is more than one) to

at least one of them a document that—

(i)

sets out why the entry is necessary, and

(ii)

indicates the nature of the offences under section 128 (1) and

(2) .

(2)

An officer need not comply with subsection (1) if it is not reasonably

practicable to do so.

(3)

Proceedings resulting from the exercise of the power under section 115 (1) are

not invalid merely because of a failure to comply with subsection (1) .

117

Business premises: warrant authorising entry

(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—

Page 134

(a)

that the officer would, in entering the premises, be acting in the course

of employment by, or on the instructions of, the local housing

authority, and

(b)

that there are reasonable grounds for believing that—

(i)

the premises are occupied by a relevant person for the purposes

of a rental sector business,

(ii)

the premises are not used wholly or mainly as residential

accommodation,

(iii)

on the premises there are documents which an officer of the

local housing authority could require a person to produce

under section 119 , or could seize under section 120 , and

(iv)

condition A, B or C is met.

(2)

Condition A is that—

(a)

access to the premises has been or is likely to be refused, and

(b)

notice of the local housing authority’s intention to apply for a warrant

under this section has been given to an occupier of the premises.

(3)

Condition B is that it is likely that documents on the premises would be

concealed or interfered with if notice of entry of the premises were given to

an occupier of the premises.

(4)

Condition C is that no occupier is present, and it might defeat the purpose

of the entry to wait for their return.

(5)

In this section “rental sector business” has the meaning given by section 115 (9) .

118

Business premises: entry under warrant

(1)

A warrant under section 117 authorises the officer named in the warrant to

enter the premises at any reasonable time, using reasonable force if necessary.

(2)

A warrant under that section does not authorise entry into premises used

wholly or mainly as residential accommodation.

(3)

A warrant under that section ceases to have effect at the end of the period

of one month beginning with the day it is issued.

(4)

An officer entering premises under a warrant under section 117 may be

accompanied by such persons, and may take onto the premises such

equipment, as the officer thinks necessary.

(5)

An officer entering premises under a warrant under section 117 may take

photographs or make recordings.

(6)

If, when the officer enters the premises, the officer finds one or more occupiers

on the premises, the officer must produce the warrant for inspection to that

occupier or (if there is more than one) to at least one of them.

(7)

Subsection (8) applies if no occupier is present when the premises are entered.

(8)

On leaving the premises the officer must—

Page 135

(a)

leave a notice on the premises stating that the premises have been

entered under a warrant under section 117 , and

(b)

leave the premises as effectively secured against trespassers as the

officer found them.

119

Power to require production of documents following entry

(1)

An officer of a local housing authority who has entered premises under section

115 (1) or under a warrant under section 117 may, for the purposes mentioned

in subsection (2) , at any reasonable time—

(a)

require a relevant person occupying the premises, or anyone on the

premises acting on behalf of such a person, to produce any documents

relating to the relevant business to which the person on the premises

has access, and

(b)

take copies of, or of any entry in, any such document.

(2)

The purposes are—

(a)

to ascertain whether there has been compliance with the rented

accommodation legislation where an officer of the local housing

authority reasonably suspects a breach of, or an offence under, that

legislation;

(b)

to ascertain whether the documents may be required as evidence in

proceedings for such a breach or offence.

(3)

The power in subsection (1) is available regardless of whether—

(a)

the purpose for which the documents are required relates to the

relevant person or some other person, or

(b)

the proceedings referred to in subsection (2) (b) could be taken against

the relevant person or some other person.

(4)

That power includes power to require the person to give an explanation of

the documents.

(5)

Where a document required to be produced under subsection (1) contains

information recorded electronically, the power in that subsection includes

power to require the production of a copy of the document in a form in which

it can easily be taken away and in which it is visible and legible.

(6)

This section does not permit an officer to require a person to create a

document other than as described in subsection (5) .

(7)

This section does not permit an officer to require a person to produce any

document which the person would be entitled to refuse to produce in

proceedings in the High Court on the grounds of legal professional privilege.

(8)

In this section “relevant business” means the business for the purposes of

which the premises are occupied.

Page 136

120

Power to seize documents following entry

(1)

An officer of a local housing authority who has entered premises under section

115 (1) or under a warrant under section 117 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.

(2)

If one or more occupiers are on the premises, an officer seizing documents

under this section must provide to that occupier or (if there is more than one)

to at least one of them evidence of the officer's identity and authority, before

seizing the documents.

(3)

The officer need not comply with subsection (2) if it is not reasonably

practicable to do so.

(4)

An officer seizing documents under this section must take reasonable steps

to—

(a)

inform the person from whom they are seized that they have been

seized, and

(b)

provide that person with a written record of what has been seized.

(5)

In determining the steps to be taken under subsection (4) , an officer exercising

a power under this section must have regard to any relevant provision about

the seizure of property made by a code of practice under section 66 of the

Police and Criminal Evidence Act 1984.

(6)

This section does not confer any power on an officer to seize from a person

any document which the person would be entitled to refuse to produce in

proceedings in the High Court on the grounds of legal professional privilege.

(7)

For the purpose of exercising the power under this section, the officer may,

to the extent that is reasonably necessary for that purpose—

(a)

require a person with authority to do so to access any electronic device

in which information may be stored or from which it may be accessed,

and

(b)

if such a requirement has not been complied with, access the electronic

device.

(8)

Documents seized under this section may not be detained—

(a)

for a period of more than 3 months beginning with the day on which

they were seized, or

(b)

where the documents are reasonably required to be detained for a

longer period by the local housing authority for the purposes of the

proceedings for which they were seized, for longer than they are

required for those purposes.

121

Access to seized documents

(1)

This section applies where any document seized by an officer of a local

housing authority under this Chapter is detained by the officer or authority.

Page 137

(2)

If a request for permission to be granted access to that document is made to

the local housing authority by a person who had custody or control of it

immediately before it was seized, the local housing authority must allow that

person access to it under the supervision of an officer.

(3)

If a request for a photograph or copy of that document is made to the local

housing authority by a person who had custody or control of it immediately

before it was seized, the local housing authority must—

(a)

allow that person access to it under the supervision of an officer for

the purpose of photographing or copying it, or

(b)

photograph or copy it, or cause it to be photographed or copied.

(4)

Where any document is photographed or copied under subsection (3) , the

photograph or copy must be supplied to the person who made the request

within a reasonable time from the making of the request.

(5)

This section does not require access to be granted to, or a photograph or copy

to be supplied of, any document if the local housing authority has reasonable

grounds for believing that to do so would prejudice the doing of anything

for the purposes of which it was seized.

(6)

A local housing authority may recover the reasonable costs of complying with

a request under this section from the person by whom or on whose behalf it

was made.

(7)

References in this section to a person who had custody or control of a

document immediately before it was seized include a representative of such

a person.

122

Appeal against detention of documents

(1)

Where documents are being detained as the result of the exercise of a power

in this Chapter, a person with an interest in the documents may apply for

an order requiring them to be released to that or another person.

(2)

An application under this section may be made—

(a)

to any magistrates' court in which proceedings have been brought for

an offence as the result of the investigation in the course of which the

documents were seized, or

(b)

if no proceedings within paragraph (a) have been brought, by way of

complaint to a magistrates' court.

(3)

On an application under this section, the court may make an order requiring

documents to be released only if satisfied that condition A or B is met.

(4)

Condition A is that—

(a)

no proceedings have been brought for an offence as the result of the

investigation in the course of which the documents were seized, or

(b)

the period of 6 months beginning with the date the documents were

seized has expired.

Page 138

(5)

Condition B is that—

(a)

proceedings of a kind mentioned in subsection (4) (a) have been

brought, and

(b)

those proceedings have been concluded.

(6)

A person aggrieved by an order made under this section by a magistrates'

court, or by the decision of a magistrates' court not to make such an order,

may appeal against the order or decision to the Crown Court.

(7)

An order made under this section by a magistrates' court may contain such

provision as the court thinks appropriate for delaying its coming into force

pending the making and determination of any appeal.

123

Suspected residential tenancy: entry without warrant

(1)

A specially authorised officer of a local housing authority may enter premises

in England at any reasonable time, if—

(a)

the officer reasonably suspects that the premises, or part of the

premises, are subject to a residential tenancy within the meaning of

Part 2 (see section 61 ), and

(b)

the officer considers it necessary to inspect the premises for the purpose

of investigating whether there has been, in relation to the premises—

(i)

a breach of section 80 (3),

(ii)

an offence under subsection (1) of section 90 ,

(iii)

an offence under subsection (2) of section 90 where the

continuing conduct referred to in paragraph (b) of that

subsection is a breach of section 80 (3),

(iv)

an offence under subsection (3) of section 90 where the different

breach referred to in paragraph (b) of that subsection is a breach

of section 80 (3),

(v)

an offence under subsection (4) of section 90 where the breach

referred to in paragraph (b) of that subsection is a breach of

section 80 (3), or

(vi)

an offence under section 1 of the Protection from Eviction Act

1977, and

(c)

notice has been given in accordance with the requirements of

subsection (2) to—

(i)

an occupier of the premises, and

(ii)

any person who has an estate or interest in the premises, other

than a mortgagee not in possession and has supplied the local

housing authority with an address for the purposes of this

paragraph,

unless notice is not required as a result of subsection (3) .

(2)

The requirements referred to in subsection (1) (c) are that—

(a)

the notice is in writing and is given by an officer of the local housing

authority,

Page 139

(b)

the notice sets out why the entry is necessary and indicates the nature

of the offences under section 128 (1) and (2) (obstruction), and

(c)

there are at least 24 hours between the giving of the notice and the

entry.

(3)

A notice need not be given to a person who has waived the requirement to

give notice.

(4)

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.

(5)

A specially authorised officer entering premises under subsection (1) may

take photographs or make recordings.

(6)

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.

(7)

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

129 (2) )—

(a)

states the particular purpose for which the officer is authorised to

exercise the power, and

(b)

is given by the local housing authority acting through—

(i)

a deputy chief officer of the authority whose duties include

duties relating to a purpose within subsection (1) (b) , or

(ii)

an officer of the authority to whom such a deputy chief officer

reports directly, or is directly accountable, as respects duties

so relating.

124

Duties where occupiers are on residential premises entered without warrant

(1)

If an officer of a local housing authority enters premises under section 123 (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.

(2)

An officer need not comply with subsection (1) if it is not reasonably

practicable to do so.

(3)

Proceedings resulting from the exercise of the power under section 123 (1) are

not invalid merely because of a failure to comply with subsection (1) .

(4)

In this section “special authorisation” has the same meaning as in section 123

(see subsection (7) of that section).

Page 140

125

Suspected residential tenancy: warrant authorising entry

A justice of the peace may issue a warrant authorising an officer of a local

housing authority who is named in the warrant to enter premises in England

that are specified in the warrant if the justice of the peace is satisfied, on

written information on oath given by that officer—

(a)

that the officer would, in entering the premises, be acting in the course

of employment by, or on the instructions of, the local housing

authority,

(b)

that there are reasonable grounds for suspecting that the premises, or

part of the premises, are subject to a residential tenancy within the

meaning of Part 2 (see section 61 ),

(c)

that it is necessary for the officer to inspect the premises for the

purpose of investigating whether there has been, in relation to the

premises, a breach or an offence mentioned in section 123 (1) (b) ,

(d)

that—

(i)

admission to the premises has been sought for the purposes

of entry under section 123 (1) but has been refused,

(ii)

that no occupier is present and it might defeat the purpose of

the entry to await their return, or

(iii)

that application for admission would defeat the purpose of the

entry.

126

Suspected residential tenancy: entry under warrant

(1)

A warrant under section 125 authorises the officer named in the warrant to

enter the premises at any reasonable time, using reasonable force if necessary.

(2)

A warrant under that section ceases to have effect when the inspection of the

premises has been completed.

(3)

An officer entering premises under a warrant under section 125 may be

accompanied by such persons, and may take onto the premises such

equipment, as the officer thinks necessary.

(4)

An officer entering premises under section 125 may take photographs or make

recordings.

(5)

If, when the officer enters the premises, the officer finds one or more occupiers

on the premises, the officer must produce the warrant for inspection to that

occupier or (if there is more than one) to at least one of them.

(6)

Subsection (7) applies if no occupier is present when the premises are entered.

(7)

On leaving the premises the officer must—

(a)

leave a notice on the premises stating that the premises have been

entered under a warrant under section 125 , and

(b)

leave the premises as effectively secured against trespassers as the

officer found them.

Page 141

127

Powers of accompanying persons

A person who accompanies an officer of a local housing authority entering

premises under, or under a warrant under, this Chapter—

(a)

has the same powers under this Chapter as the officer in relation to

the premises, but

(b)

must exercise those powers only in the company, and under the

supervision, of the officer.

128

Offences

(1)

A person commits an offence if the person—

(a)

without reasonable excuse obstructs an officer of a local housing

authority who is exercising or seeking to exercise in accordance with

this Chapter a power under any provision of this Chapter other than

section 112 ,

(b)

without reasonable excuse fails to comply with a requirement properly

imposed by an officer of a local housing authority under any provision

of this Chapter other than section 112 , or

(c)

without reasonable cause fails to give an officer of a local housing

authority any other assistance or information which the officer

reasonably requires of the person for the purpose of exercising a power

under any provision of this Chapter other than section 112 .

(2)

A person commits an offence if, in giving information to an officer who is

exercising or seeking to exercise a power under this Chapter, the person—

(a)

makes a statement which the person knows is false or misleading in

a material respect, or

(b)

recklessly makes a statement which is false or misleading in a material

respect.

(3)

A person who is not an officer of a local housing authority commits an offence

if the person purports to act as such under this Chapter.

(4)

A person who is guilty of an offence under subsection (1) or (2) is liable on

summary conviction to a fine not exceeding level 3 on the standard scale.

(5)

A person who is guilty of an offence under subsection (3) is liable on summary

conviction to a fine.

(6)

Nothing in this section requires a person to answer any question or give any

information if to do so might incriminate that person.

129

Investigatory powers: interpretation

(1)

In this Chapter—

“document” includes information recorded in any form;

“give” —

Page 142

(a)

in relation to a notice to an occupier of premises, includes

delivering or leaving it at the premises or sending it there by

post, and “given”, in relation to such a notice, is to be read

accordingly;

(b)

in relation to a notice to a person referred to in section

123 (1) (c) (ii) , includes delivering or leaving it at the address

supplied by the person or sending it to that address by post,

and “given”, in relation to such a notice, is to be read

accordingly;

“occupier” , in relation to premises, means any person an officer of a local

housing authority reasonably suspects to be an occupier of the

premises;

“premises” includes any stall, vehicle, vessel or aircraft;

“relevant person” : see section 111 (2) ;

“the rented accommodation legislation” : see section 112 (3) .

(2)

References in this Chapter to an officer—

(a)

are to a person authorised in writing by a local housing authority to

exercise powers under this Chapter, and

(b)

in relation to a particular power only cover a particular officer if and

to the extent that the officer has been authorised to exercise that power.

(3)

References in this Chapter to the functions of a local housing authority by

virtue of particular legislation include references to any function of the

authority of investigating whether an offence has been committed under that

legislation.

(4)

A duty or power to process information that is imposed or conferred by, or

by virtue of, this Chapter does not operate to authorise the processing of

information which would contravene—

(a)

the data protection legislation (but the duty or power is to be taken

into account in determining whether the processing would contravene

that legislation), or

(b)

Parts 1 to 7 or Chapter 9 of the Investigatory Powers Act 2016.

(5)

In subsection (4) “the data protection legislation” has the same meaning as

in the Data Protection Act 2018 (see section 3 of that Act).

Amendments

130

Additional powers of seizure under Criminal Justice and Police Act 2001

In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001, at the end

insert—

“Renters' Rights Act 2024

73V

Each of the powers of seizure conferred by section 119 (1) (b) and

section 120 of the Renters' Rights Act 2024.”

Page 143

131

Use by local housing authority of certain information

(1)

Section 212A of the Housing Act 2004 (tenancy deposit schemes: provision

of information to local authorities) is amended in accordance with subsections

(2) and (3) .

(2)

In subsection (5), after paragraph (a) (but before the “or” at the end) insert—

“(aa)

for a purpose connected with the exercise of the authority’s

functions under or by virtue of Part 7 in relation to any

qualifying residential premises within the meaning given by

section 2B,

(ab)

for a purpose connected with the authority’s functions under

or by virtue of the following in relation to any premises—

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, 41 and 133 to 135 of the Housing and

Planning Act 2016,

Chapter 3 of Part 1 and Part 2 of the Renters' Rights Act

2024.”.

(3)

In subsection (5), in paragraph (b), for “of those Parts in relation to any

premises” substitute “provision mentioned in paragraphs (a) to (ab) in relation

to premises or qualifying residential premises (as the case may be)”.

(4)

Section 237 of the Housing Act 2004 (use of housing benefit and council tax

information for certain other statutory purposes) is amended in accordance

with subsections (5) and (6) .

(5)

In subsection (1), after paragraph (a) (but before the “or” at the end) insert—

“(aa)

for any purpose connected with the exercise of any of the

authority’s functions under or by virtue of Part 7 in relation

to any qualifying residential premises within the meaning given

by section 2B,

(ab)

for any purpose connected with any of the authority’s functions

under or by virtue of the following in relation to any

premises—

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 ,

Page 144

sections 21 to 23, 41 and 133 to 135 of the Housing and

Planning Act 2016,

Chapter 3 of Part 1 and Part 2 of the Renters' Rights Act

2024.”.

(6)

In subsection (1), in paragraph (b), for “of those Parts in relation to any

premises” substitute “provision mentioned in paragraphs (a) to (ab) in relation

to premises or qualifying residential premises (as the case may be).

132

Investigatory powers under the Housing Act 2004

(1)

In section 235 of the Housing Act 2004 (power to require documents to be

produced), in subsection (1)—

(a)

after paragraph (a) (but before the “or” at the end) insert—

“(aa)

for any purpose connected with the exercise of any of

the authority’s functions under this Part in relation to

any qualifying residential premises within the meaning

given by section 2B,”;

(b)

in paragraph (b) for “those Parts in relation to any premises” substitute

“Parts 1 to 4 in relation to any premises or under this Part in relation

to any qualifying residential premises within the meaning given by

section 2B”.

(2)

In section 239 of that Act (powers of entry), after subsection (5) insert—

“(5A)

In relation to any qualifying residential premises within the meaning

given by section 2B, notice need not be given to a person who has

waived the requirement to give notice.”

133

Client money protection schemes: investigatory powers of local authorities

In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 (duties and

powers to which Schedule 5 applies), at the appropriate place insert—

“regulations 5 and 8 of the Client Money Protection Schemes for

Property Agents (Requirement to Belong to a Scheme etc.) Regulations

2019”.

Part 5

General

134

Interpretation

In this Act—

“lease” includes any tenancy;

“local housing authority” (except in section 46 ) 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

Page 145

of London (in its capacity as a local authority) or the Council of the

Isles of Scilly;

“the 1988 Act” means the Housing Act 1988.

135

Crown application

(1)

Subject to subsections (2) to (8) , this Act and any regulations made under it

bind the Crown.

(2)

Sections 65 and 90 do not bind the Crown.

(3)

In paragraph (b) of section 64 (1) as it applies by virtue of subsection (1) , the

reference to a person committing an offence under section 65 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.

(4)

In paragraph (b) of section 89 (1) as it applies by virtue of subsection (1) , the

reference to a person committing an offence under section 90 is to be read as

a reference to the person either—

(a)

knowingly or recklessly providing information to the database operator

which is false or misleading in a material respect in purported

compliance with a requirement imposed by regulations under Chapter

3 of Part 2 , or

(b)

satisfying the conditions in subsection (2) (a) and (b) , (3) (a) and (b) , or

(4) (a) and (b) of section 90 .

(5)

Sections 115 to 127 do not bind the Crown.

(6)

Nothing in section 128 makes the Crown criminally liable.

(7)

The High Court may declare unlawful any act or omission for which the

Crown would be criminally liable under section 128 but for subsection (6) .

(8)

An amendment or repeal made by this Act binds the Crown to the extent

that the provision amended or repealed binds the Crown (but in the case of

an amendment of the 1988 Act, this is subject to the amendments made by

section 18 ).

(9)

Nothing in this section affects the criminal liability of persons in the service

of the Crown.

136

Application to Parliament

(1)

Where regulations under section 61 (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—

(a)

sections 65 and 90 do not apply;

(b)

in paragraph (b) of section 64 (1) , the reference to a person committing

an offence under section 65 is to be read as a reference to the person

Page 146

satisfying the conditions in subsection (1) (a) and (b) , (2) (a) and (b) , or

(3) (a) and (b) of that section;

(c)

in paragraph (b) of section 89 (1) , the reference to a person committing

an offence under section 90 is to be read as a reference to the person

either—

(i)

knowingly or recklessly providing information to the database

operator which is false or misleading in a material respect in

purported compliance with a requirement imposed by

regulations under Chapter 3 , or

(ii)

satisfying the conditions in subsection (2) (a) and (b) , (3) (a) and

(b) , or (4) (a) and (b) of section 90 .

(2)

The following provisions do not apply in relation to premises that are occupied

for the purposes of either House of Parliament—

(a)

Chapter 3 of Part 1 ;

(b)

sections 111 and 115 to 127 .

(3)

Nothing in section 128 makes the Corporate Officer of the House of Commons

or the Corporate Officer of the House of Lords criminally liable.

(4)

The High Court may declare unlawful any act or omission for which the

Corporate Officer of the House of Commons or the Corporate Officer of the

House of Lords would be criminally liable under section 128 but for subsection

(3) .

(5)

Nothing in this section affects the criminal liability of relevant members of

the House of Lords staff or of the House of Commons staff (as defined by

sections 194 and 195 of the Employment Rights Act 1996).

137

Regulations

(1)

A power to make regulations under this Act includes power to make—

(a)

consequential, supplementary, incidental, transitional or saving

provision;

(b)

different provision for different purposes or areas;

(c)

the full provision to which the power extends or any less provision

(whether by way of exception or otherwise).

(2)

The power of the Secretary of State and the Scottish Ministers under subsection

(1) (a) to make transitional provision includes power to provide for regulations

to apply (with or without modifications) in relation to tenancies or licences

entered into, or advertising begun, before the date on which the regulations

come into force.

(3)

The power of the Welsh Ministers under subsection (1) (a) to make transitional

provision includes power to provide for regulations to apply (with or without

modifications) in relation to occupation contracts granted, renewed or

continued, or advertising begun, before the date on which the regulations

come into force.

Page 147

(4)

Regulations under this Act are to be made by statutory instrument, except

where they are made by the Scottish Ministers (see section 27 of the

Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(5)

A statutory instrument containing regulations under section 3 (7) , 29 , 38 , 47 ,

53 , 61 , 62 , 63 , 75 , 80 (4) , 81 (6) , 84 , 85 (2) or 88 (2) (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.

(6)

Any other statutory instrument containing regulations under this Act made

by the Secretary of State is subject to annulment in pursuance of a resolution

of either House of Parliament, unless it contains regulations under section

108 (3) only.

(7)

A statutory instrument containing regulations made by the Welsh Ministers

under section 46 may not be made unless a draft of the instrument has been

laid before and approved by a resolution of Senedd Cymru.

(8)

Regulations made by the Scottish Ministers under section 52 are subject to

the affirmative procedure (see section 29 of the Interpretation and Legislative

Reform (Scotland) Act 2010 (asp 10)).

(9)

If a draft of a statutory instrument containing regulations under section 62

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.

(10)

This section does not apply to regulations under this Part.

138

Power of Welsh Ministers to make consequential provision

(1)

The Welsh Ministers may by regulations made by statutory instrument make

provision that is consequential on Part 1.

(2)

Regulations under this section may amend, repeal or revoke provision made

by or under—

(a)

an Act or Measure of Senedd Cymru passed before this Act, or

(b)

an Act passed—

(i)

before this Act, or

(ii)

later in the same session of Parliament as this Act.

(3)

The power to make regulations under this section includes power to make—

(a)

supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes.

(4)

The power under subsection (3) (a) to make transitional provision includes

power to provide for the regulations to apply (with or without modifications)

in relation to occupation contracts granted, renewed or continued, or

advertising begun, before the date on which the regulations come into force.

Page 148

(5)

Regulations under this section may only make provision which would be

within the legislative competence of Senedd Cymru if contained in an Act of

the Senedd.

(6)

A statutory instrument containing (whether alone or with other provision)

regulations under this section that amend or repeal provision made by an

Act or Measure of Senedd Cymru, or by an Act, may not be made unless a

draft of the instrument has been laid before, and approved by a resolution

of, Senedd Cymru.

(7)

Any other statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of Senedd Cymru.

139

Power of Scottish Ministers to make consequential provision

(1)

The Scottish Ministers may by regulations make provision that is consequential

on Chapter 5 of Part 1 (see section 27 of the Interpretation and Legislative

Reform (Scotland) Act 2010 (asp 10), as a result of which such regulations

are to be made by Scottish statutory instrument).

(2)

Regulations under this section may amend, repeal or revoke provision made

by or under—

(a)

an Act of the Scottish Parliament passed before this Act, or

(b)

an Act passed—

(i)

before this Act, or

(ii)

later in the same session of Parliament as this Act.

(3)

The power to make regulations under this section includes power to make—

(a)

supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes.

(4)

The power under subsection (3) (a) to make transitional provision includes

power to provide for the regulations to apply (with or without modifications)

in relation to tenancies entered into, or advertising begun, before the date on

which the regulations come into force.

(5)

Regulations under this section may only make provision which would be

within the legislative competence of the Scottish Parliament if contained in

an Act of that Parliament.

(6)

Regulations made under this section that amend or repeal provision made

by an Act of the Scottish Parliament, or by an Act, are subject to the affirmative

procedure (see section 29 of the Interpretation and Legislative Reform

(Scotland) Act 2010 (asp 10)).

(7)

Any other regulations made under this section are subject to the negative

procedure (see section 28 of that Act).

Page 149

140

Power of Secretary of State to make consequential provision

(1)

The Secretary of State may by regulations made by statutory instrument make

provision that is consequential on this Act.

(2)

Regulations under this section may amend, repeal or revoke provision made

by or under an Act passed—

(a)

before this Act, or

(b)

later in the same session of Parliament as this Act.

(3)

The power to make regulations under this section includes power to make—

(a)

supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes.

(4)

The power under subsection (3) (a) to make transitional provision includes—

(a)

power to provide for the regulations to apply (with or without

modifications) in relation to tenancies or licences entered into, or

advertising begun, before the date on which the regulations come into

force;

(b)

in relation to regulations that make provision that is consequential on

Chapter 1 or 2 of Part 1 , power to provide for pre-application

instruments which the Secretary of State considers do not (or will not)

operate appropriately as a result of any provision of the regulations

to—

(i)

have effect with specified modifications, or

(ii)

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

(5)

For the purposes of subsection (4) (b) —

(a)

“pre-application instrument” means an agreement or other instrument

made before the regulations come into force;

(b)

the circumstances in which the Secretary of State may consider that a

pre-application instrument does not operate appropriately as a result

of regulations under this section include (but are not limited to) those

in which—

(i)

as a result of any provision of the regulations, provision made

by the instrument is to any extent spent, obsolete, unnecessary

or otherwise not of practical utility;

(ii)

as a result of any provision of the regulations, it is unclear

what the effect is of provision made by the instrument;

(iii)

as a result of any provision of the regulations, a person may

be placed in breach of obligations arising under the instrument

or made subject to more burdensome obligations under the

instrument;

(iv)

the instrument makes direct or indirect reference to any

enactment as it had effect before being amended by the

regulations.

(6)

Regulations made by virtue of subsection (4) (b) must provide that they do

not prevent—

Page 150

(a)

the variation or revocation of provision modified by the regulations,

(b)

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

of the regulations.

(7)

Regulations made by virtue of subsection (4) (b) may apply to an instrument

as it has effect in relation to times before the coming into force of the

regulations but after the day on which Chapter 1 or 2 of Part 1 (as the case

may be) comes into force.

(8)

A statutory instrument containing (whether alone or with other provision)

regulations under this section that—

(a)

amend or repeal provision made by an Act, or

(b)

are made by virtue of subsection (4) (b) ,

may not be made unless a draft of the instrument has been laid before, and

approved by a resolution of, each House of Parliament.

(9)

Any other statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.

141

Extent

(1)

This Act extends to England and Wales only, subject to subsections (2) to (4) .

(2)

In Part 1, Chapter 5 extends to Scotland only.

(3)

This Part extends to England and Wales and Scotland.

(4)

An amendment or repeal made by this Act has the same extent as the

provision amended or repealed.

142

Commencement

(1)

This Act comes into force on such day as the Secretary of State may by

regulations made by statutory instrument appoint, subject to subsections (2)

to (6) .

(2)

This Act comes into force for the purposes of making regulations on the day

on which it is passed.

(3)

Chapter 4 of Part 1 comes into force on such day as the Welsh Ministers by

order made by statutory instrument appoint.

(4)

Chapter 5 of Part 1 comes into force on such day as the Scottish Ministers

may by regulations appoint (see section 27 of the Interpretation and Legislative

Reform (Scotland) Act 2010 (asp 10), as a result of which such regulations

are to be made by Scottish statutory instrument).

(5)

The following come into force at the end of the period of two months

beginning with the day on which this Act is passed—

(a)

Chapter 2 of Part 1 ;

Page 151

(b)

section 58 ;

(c)

section 107 ;

(d)

Chapter 3 of Part 4 .

(6)

Section 108 and this Part come into force on the day on which this Act is

passed.

(7)

Different days may be appointed under this section for different purposes,

subject to subsection (8) .

(8)

Different days may be appointed for different purposes in relation to Chapter

1 of Part 1 only so that—

(a)

one day is appointed for the purposes of assured tenancies that are

not social housing assured tenancies, and

(b)

one or more different days are appointed for the purposes of social

housing assured tenancies;

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.

143

Existing assured tenancies to continue as section 4A assured tenancies

(1)

The commencement of Chapter 1 of Part 1 (which, in particular, has the effect

that, on the commencement date, an existing tenancy becomes a section 4A

assured tenancy) does not affect the continuation of an existing tenancy on

and after the commencement date ( as a section 4A assured tenancy that is

subject to the other provisions of that Chapter).

(2)

Schedule 6 contains transitional provision relating to the application of Chapter

1 of Part 1 to existing tenancies.

(3)

In this section—

“commencement date” means the day on which Chapter 1 of Part 1

comes into force in accordance with section 142 (and accordingly where

different days are appointed for different purposes in relation to that

Chapter, a reference in this Act to the commencement date is a

reference to the day on which that Chapter comes into force for the

purposes of the tenancy to which the reference relates);

“existing tenancy” means an assured tenancy which is entered into before

the commencement date;

“section 4A assured tenancy” means an assured tenancy to which section

4A of the 1988 Act (as inserted by section 1 of this Act) applies.

144

Fixed term assured tenancy and statutory periodic tenancy to be treated as

single assured tenancy

(1)

For the purposes of the relevant provisions, a fixed term assured tenancy and

a periodic tenancy that arises on its expiry by virtue of section 5 of the 1988

Act are to be treated as a single assured tenancy which—

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(a)

is entered into when the fixed term tenancy was entered into, and

(b)

becomes a periodic tenancy on the expiry of the fixed term.

(2)

In this section, “the relevant provisions” means—

(a)

section 143 ,

(b)

Schedule 6 ,

(c)

section 5 of the Protection from Eviction Act 1977 as amended by

section 19 , and

(d)

Part 1 of the 1988 Act as amended by Chapter 1 of Part 1

(3)

The Secretary of State may by regulations amend this section to provide for

this section to apply for the purposes of other provision made by or under

an Act passed before or later in the same session as this Act.

(4)

A statutory instrument containing regulations under this section (whether

alone or with other provision) may not be made unless a draft of the

instrument has been laid before and approved by a resolution of each House

of Parliament.

(5)

Regulations under this section may make different provision for different

purposes.

(6)

Regulations under this section are to be made by statutory instrument.

145

Transitional provision

(1)

The Welsh Ministers may by regulations made by statutory instrument make

transitional or saving provision in connection with the coming into force of

any provision of Chapter 4 of Part 1 .

(2)

The Scottish Ministers may by regulations make transitional or saving

provision in connection with the coming into force of any provision of Chapter

5 of Part 1 (see section 27 of the Interpretation and Legislative Reform

(Scotland) Act 2010 (asp 10), as a result of which such regulations are to be

made by Scottish statutory instrument).

(3)

The Secretary of State may by regulations made by statutory instrument make

transitional or saving provision (in addition to the transitional and saving

provision made by this Act) in connection with the coming into force of any

other provision of this Act.

(4)

The power to make regulations under subsection (1) includes power to provide

for a provision of Chapter 4 of Part 1 to apply (with or without modifications)

in relation to occupation contracts granted, renewed or continued, or

advertising begun, before the date on which the provision comes into force.

(5)

The power to make regulations under subsection (2) includes power to provide

for a provision of Chapter 5 of Part 1 to apply (with or without modifications)

in relation to tenancies entered into, or advertising begun, before the date on

which the provision comes into force.

(6)

The power to make regulations under subsection (3) includes—

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(a)

power to provide for a provision of this Act to apply (with or without

modifications) in relation to tenancies or licences entered into, or

advertising begun, before the date on which the provision comes into

force, and

(b)

power to provide for pre-application instruments which the Secretary

of State considers do not (or will not) operate appropriately as a result

of any provision of Chapter 1 or 2 of Part 1 to—

(i)

have effect with specified modifications, or

(ii)

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

(7)

For the purposes of subsection (6) (b) —

(a)

“pre-application instrument” means an agreement or other instrument

made before the commencement date;

(b)

the circumstances in which the Secretary of State may consider that a

pre-application instrument does not operate appropriately as a result

of Chapter 1 or 2 of Part 1 include (but are not limited to) those in

which—

(i)

as a result of any provision of Chapter 1 or 2 of Part 1

, provision made by the instrument is to any extent spent,

obsolete, unnecessary or otherwise not of practical utility;

(ii)

as a result of any provision of Chapter 1 or 2 of Part 1 , it is

unclear what the effect is of provision made by the instrument;

(iii)

as a result of any provision of Chapter 1 or 2 of Part 1 , a person

may be placed in breach of obligations arising under the

instrument or made subject to more burdensome obligations

under the instrument;

(iv)

the instrument makes direct or indirect reference to fixed term

assured tenancies or assured shorthold tenancies (within the

meaning of Part 1 of the 1988 Act as it had effect immediately

before the commencement date);

(v)

the instrument makes direct or indirect reference to periodic

assured tenancies that are not relevant assured tenancies within

the meaning given by section 3 ;

(vi)

the instrument otherwise makes direct or indirect reference to

any enactment as it had effect before being amended by

Chapter 1 or 2 of Part 1 .

(8)

Regulations made by virtue of subsection (6) (b) must provide that they do

not prevent—

(a)

the variation or revocation of provision modified by the regulations,

(b)

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

of the regulations.

(9)

Regulations made by virtue of subsection (6) (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.

Page 154

(10)

A statutory instrument containing regulations made by virtue of subsection

(6) (b) (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.

(11)

In this section “the commencement date” has the meaning given by section

143 (3) .

(12)

The powers under this section include power to make different provision for

different purposes.

146

Short title

This Act may be cited as the Renters' Rights Act 2024.

Page 155

Schedules

Schedule 1

Section 4

Changes to grounds for possession

Introductory

Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let

on assured tenancies) is amended as follows.

Amendments of Ground 1: occupation by landlord or family

For Ground 1 (excluding the italic heading) substitute—

“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—

(a)

the landlord;

(b)

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;

(c)

the landlord’s—

(i)

parent;

(ii)

grandparent;

(iii)

sibling;

(iv)

child;

(v)

grandchild;

(d)

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—

(a)

the day when the current tenancy began, and

(b)

the relevant date,

must be included in the calculation.”

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New ground for sale of dwelling-house

After Ground 1 insert—

“Ground 1A

“The following conditions are met—

(a)

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;

(b)

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;

(c)

either—

(i)

the current tenancy began at least 1 year before the

relevant date, or

(ii)

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;

(d)

the landlord seeking possession is not—

(i)

a non-profit registered provider of social housing,

(ii)

a body registered as a social landlord in the register

maintained under section 1 of the Housing Act 1996,

(iii)

a body registered as a social landlord in the register

kept under section 20(1) of the Housing (Scotland)

Act 2010,

(iv)

a housing trust, within the meaning of the Housing

Associations Act 1985, which is a charity, or

(v)

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—

(a)

the day when the current tenancy began, and

(b)

the relevant date,

must be included in the calculation.”

Page 157

New ground for possession after rent-to-buy agreement

After Ground 1A (inserted by paragraph 3 of this Schedule) insert—

“Ground 1B

“The following conditions are met—

(a)

the landlord who is seeking possession intends—

(i)

to sell a freehold or leasehold interest in the

dwelling-house,

(ii)

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

(iii)

to grant an assured tenancy to another person

pursuant to a rent-to-buy agreement;

(b)

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;

(c)

the landlord who is seeking possession is a private registered

provider of social housing;

(d)

the assured tenancy was entered into pursuant to a

rent-to-buy agreement;

(e)

the period stated in that agreement has expired;

(f)

the landlord who is seeking possession has complied with—

(i)

any provision of the rent-to-buy agreement requiring

the landlord to offer the dwelling-house for sale to

the tenant, and

(ii)

any requirements in the agreement about such an

offer.

In this ground—

““market rent” includes any amount payable by way of a service charge;

“rent-to-buy agreement” means an agreement in writing which—

(a)

provides for the tenant to pay rent that is no higher than

80% of market rent, and

(b)

gives notice that the landlord intends after a period stated

in the agreement which is not less than 5 years or, for

dwelling-houses in Greater London, 10 years from the

beginning of the tenancy to offer the dwelling-house for sale

to the tenant.”

Amendments of Ground 2: sale by mortgagee

In Ground 2—

(a)

in the words before paragraph (a) omit “granted before the

beginning of the tenancy”;

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(b)

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

New ground for possession when superior lease ends

After Ground 2 insert—

“Ground 2ZA

The landlord who is seeking possession—

“(a)

holds the interest in the dwelling-house under a superior

tenancy where—

(i)

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

(ii)

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

(b)

is, or, in the case of joint landlords seeking possession, at

least one of them is—

(i)

a private registered provider of social housing,

(ii)

a tenant of the superior landlord under an

agricultural tenancy within the meaning of the

Agricultural Holdings Act 1986 or a farm business

tenancy within the meaning of the Agricultural

Tenancies Act 1995,

(iii)

a person who held the dwelling-house for the

purpose of making it available for occupation as

supported accommodation, or

(iv)

a company of which a local authority owns at least

50% of the issued share capital.”

New grounds for possession in cases where there is a superior lease

After Ground 2ZA (inserted by paragraph 6 of this Schedule) insert—

“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—

“(a)

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

(b)

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

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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)

a private registered provider of social housing,

(b)

a tenant of the superior landlord under an agricultural

tenancy within the meaning of the Agricultural Holdings

Act 1986 or a farm business tenancy within the meaning of

the Agricultural Tenancies Act 1995,

(c)

a person who held the dwelling-house for the purpose of

making it available for occupation as supported

accommodation, or

(d)

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—

“(a)

on the expiry of the fixed term,

(b)

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

(c)

after the expiry of the fixed term, as a result of a valid notice

to terminate the tenancy.”

Repeal of Ground 3: holiday accommodation

Omit Ground 3.

Amendments of Ground 4: student accommodation

In Ground 4—

(a)

omit the opening words;

(b)

omit paragraph (a) (together with the final “and”);

(c)

paragraph (b) becomes an unnumbered paragraph;

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(d)

after that unnumbered paragraph insert “and—

“(c)

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

(d)

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.”

New ground for possession of student accommodation for occupation by students

After Ground 4 insert—

“Ground 4A

“The following conditions are met—

(a)

the dwelling-house is in an HMO or is an HMO,

(b)

the tenant meets the student test when the tenancy is entered

into,

(c)

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—

(i)

the tenant meets the student test when the tenancy

is entered into, and

(ii)

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,

(d)

the relevant date falls within the period beginning with 1

June and ending with 30 September in any year, and

(e)

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 (e), a

tenant meets the student test when a tenancy is entered into if—

(a)

the tenant is a full-time student at that time, or

(b)

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—

Page 161

(a)

of any description mentioned in Schedule 6 to the Education

Reform Act 1988 provided by an institution in England or

Wales;

(b)

of any description mentioned in section 38(2) of the Further

and Higher Education (Scotland) Act 1992 provided by an

institution in Scotland;

(c)

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.”

Amendment of Ground 5: ministers of religion

In Ground 5—

(a)

omit paragraph (a) (together with the final “and”);

(b)

after paragraph (b) insert—

“(c)

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

(d)

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.”

New ground for possession for occupation by agricultural worker

After Ground 5 insert—

“Ground 5A

“The landlord seeking possession requires the dwelling-house for

the purpose of housing a person who will be employed by the

landlord, or in the case of joint landlords seeking possession, by at

least one of those landlords, in agriculture as a seasonal or

permanent employee.

For the purposes of this ground, “agriculture” has the same meaning

as in the Rent (Agriculture) Act 1976 (see section 1 of that Act).”

New ground for possession for occupation by person who meets employment requirements

After Ground 5A (inserted by paragraph 12 of this Schedule) insert—

“Ground 5B

“The landlord seeking possession—

(a)

is a private registered provider of social housing,

(b)

holds the dwelling-house for the purpose of accommodating

persons who meet requirements connected with their

employment, and

(c)

requires the dwelling-house to let it under a new tenancy

to a person who meets those requirements,

Page 162

and the tenant in possession does not fulfil those requirements.”

Ground 16 to be renumbered as Ground 5C and to be a mandatory ground for possession

(1)

Ground 16 in Part 2 of Schedule 2 , together with the italic heading before

it, moves to after Ground 5B (inserted by paragraph 13 of this Schedule

) and becomes Ground 5C in Part 1 of that Schedule.

(2)

For the first paragraph of the new Ground 5C substitute—

“The dwelling-house was let to the tenant in consequence of the

tenant’s employment—

(a)

by the landlord seeking possession,

(b)

in the case of joint landlords seeking possession, by at least

one of them,

(c)

by a previous landlord under the tenancy, or

(d)

pursuant to an agreement between any of those landlords

and the employer,

and either—

(a)

the tenant has ceased to be in that employment, or

(b)

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.”

(3)

In the italic heading, for “16” substitute “5C”.

New ground for possession for end of employment requirements

After Ground 5C (as renumbered by paragraph 14 of this Schedule) insert—

“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.”

New ground for possession for occupation as supported accommodation

After Ground 5D (inserted by paragraph 15 of this Schedule) insert—

“Ground 5E

“The landlord seeking possession requires possession of the

dwelling-house to let it as supported accommodation where—

(a)

the landlord holds the dwelling-house for the purpose of

making it available for occupation as supported

accommodation, and

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(b)

the tenant did not enter the assured tenancy for the purpose

of receiving care, support or supervision.”

New grounds for possession of dwelling-house occupied as supported accommodation

(1)

After Ground 5E (inserted by paragraph 16 of this Schedule) insert—

“Ground 5F

“The dwelling-house was supported accommodation when the

tenancy was granted and any of the following applies—

(a)

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;

(b)

a person other than the landlord provides or provided

support services to the tenant, but—

(i)

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

(ii)

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;

(c)

where the accommodation or support services were funded

wholly or partly by someone other than the landlord or the

tenant—

(i)

that funding is no longer being provided,

(ii)

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

(iii)

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;

(d)

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;

(e)

the tenant does not need the level of support services that

are provided;

Page 164

(f)

the tenant does not need any support services;

(g)

the support services that are provided do not meet the

tenant’s needs;

(h)

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;

(i)

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—

(a)

supported accommodation consisting of two or more

dwelling-houses in the same building as, or otherwise nearby,

each other,

(b)

supported accommodation consisting of two or more

dwelling-houses occupied by tenants who receive support

services of a similar kind, or

(c)

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.”

(2)

After Ground 17 insert—

“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.”

New ground for possession for tenancy granted for homelessness duty

After Ground 5F (inserted by paragraph 17 of this Schedule) insert—

“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—

(a)

the local housing authority has notified the landlord that the

tenancy is not required for the purposes of that duty, and

(b)

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.”

Page 165

New ground for possession of stepping stone accommodation

After Ground 5G (inserted by paragraph 18 of this Schedule) insert—

“Ground 5H

“The landlord seeking possession is a registered provider of social

housing or a charity and—

(a)

the tenancy was granted because the tenant met one or more

eligibility conditions,

(b)

a written tenancy agreement set out the eligibility condition

(the “specified condition”) or the eligibility conditions (the

“specified conditions”) that the tenant met,

(c)

either—

(i)

the tenant no longer meets the specified condition or

specified conditions, or

(ii)

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,

(d)

the rent is no higher than the highest amount that would be

affordable rent, within the meaning given by regulations

under paragraph 4(2) of Part 1 of Schedule 2 to the Welfare

Reform and Work Act 2016 (whether or not those regulations

apply in relation to the tenancy), and

(e)

the tenancy was not granted—

(i)

pursuant to a nomination as mentioned in section

159(2)(c) of the Housing Act 1996,

(ii)

as a tenancy of supported accommodation, or

(iii)

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—

(a)

the tenant is in work, or work of a description specified in

the condition, for which the tenant is paid;

(b)

the tenant is actively seeking work, or work of a description

specified in the condition, for which the tenant would be

paid;

(c)

the tenant is—

(i)

of a particular age, or

(ii)

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—

Page 166

(a)

work for a particular employer or description of employer

or work at a particular place of work or description of place

of work;

(b)

the amount which the tenant is paid for the work;

(c)

the duration or expected duration of the contract or other

arrangement under which the work is done.

In this ground a reference—

(a)

to work includes self-employment;

(b)

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—

(a)

the terms of the tenancy agreement do not make any

provision about that question,

(b)

there are two or more specified conditions, and

(c)

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)—

(a)

to add, vary or remove any eligibility condition;

(b)

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.”

Amendments of Ground 6: redevelopment

(1)

Ground 6 is amended as follows.

(2)

In the first unnumbered paragraph, for the words from the beginning to

“superior landlord” substitute “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, and a person mentioned in

the third column of that row”.

(3)

After paragraph (a) insert—

“(aa)

either—

(i)

the assured tenancy began at least 6 months before

the relevant date, or

(ii)

notice of a compulsory acquisition was given in

respect of the dwelling-house where—

Page 167

(A)

the acquiring authority was the person who

became the landlord who is seeking

possession, and

(B)

the dwelling-house was transferred to that

landlord within the period of 12 months

ending with the relevant date, and

(ab)

if the landlord seeking possession is a relevant social landlord

and is the person intending to carry out the work, the

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 an intention to carry

out work mentioned in this ground, and”.

(4)

In paragraph (b), at the beginning insert “where section 7 (5ZA) applies in

relation to the tenancy,”.

(5)

Omit the unnumbered paragraph after paragraph (c).

(6)

For the final unnumbered paragraph substitute—

“Table

Landlord seeking

Tenancy

Landlord intending to

possession

redevelop

a tenancy of a

a superior landlord

a relevant social

landlord

dwelling-house that was

granted pursuant to a

nomination as

mentioned in section

159(2)(c) of the Housing

Act 1996

a relevant social

a tenancy of the

(a)

the landlord

landlord

dwelling-house that was

who is seeking

not granted pursuant to

possession

a nomination as

(b)

a superior

mentioned in section

landlord

159(2)(c) of the Housing

Act 1996

the unit-holder of a

a tenancy of a

(a)

the landlord

commonhold unit in

dwelling-house which is

who is seeking

relation to which a

contained in or

possession

commonhold association

comprises the

(b)

the

exercises functions

commonhold unit

commonhold

association

any landlord other than

any tenancy

the landlord who is

a relevant social

seeking possession

landlord or a unit-holder

of a commonhold unit in

relation to which a

commonhold association

exercises functions

In this ground—

““commonhold association” , “commonhold unit” and “unit-holder”

have the meanings given by Part 1 of the Commonhold and

Leasehold Reform Act 2002 (see sections 11 to 13 and 34 of that

Act);

“relevant social landlord” means—

“(a)

a non-profit registered provider of social housing,

(b)

a non-profit registered provider of social housing,

(c)

a body registered as a social landlord in the register

maintained under section 1 of the Housing Act 1996,

(d)

a body registered as a social landlord in the register kept

under section 20(1) of the Housing (Scotland) Act 2010,

(e)

a housing trust, within the meaning of the Housing

Associations Act 1985, which is a charity, or

(f)

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.”

New ground for possession to allow compliance with enforcement action

After Ground 6 insert—

“Ground 6A

“Any of the following situations has occurred—

(a)

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;

(b)

an improvement notice under section 11 or 12 of the Housing

Act 2004—

(i)

specifies the dwelling-house or premises in which

the dwelling-house is contained as requiring remedial

action, and

Page 169

(ii)

specifies overcrowding as the deficiency giving rise

to the hazard in respect of which that remedial action

is to be taken;

(c)

a prohibition order under section 20 or 21 of the Housing

Act 2004 prohibits use of—

(i)

the dwelling-house,

(ii)

the common parts, or

(iii)

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;

(d)

the dwelling-house is or is in an HMO which is required to

be licensed under section 61 of the Housing Act 2004, and—

(i)

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

(ii)

the landlord held a licence but the licence has been

revoked;

(e)

the dwelling-house is or is in a house which is required to

be licensed under section 85 of the Housing Act 2004, and—

(i)

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

(ii)

the landlord held a licence but the licence has been

revoked;

(f)

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.

In this ground—

““common parts” has the same meaning as in Ground 13;

“house” has the same meaning as in Part 3 of the Housing Act 2004

(see section 99 of that Act);

references to the “landlord” are to the landlord who is seeking

possession or, in the case of joint landlords seeking possession, to

at least one of them;

“the local housing authority” has the meaning given in section 261 of

the Housing Act 2004.”

Amendments of Ground 7: death of tenant

In Ground 7—

(a)

in the first unnumbered paragraph omit the words from “is a

periodic” to “England, which”;

Page 170

(b)

omit the third unnumbered paragraph.

Amendments of Ground 8: rent arrears

In Ground 8—

(a)

in paragraph (a), for “eight” substitute “thirteen”;

(b)

in paragraph (b), for “two” substitute “three”;

(c)

omit paragraphs (c) and (d);

(d)

at the end insert—

“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.”

Power to amend Schedule 2 and new interpretation provisions

After Part 4 of Schedule 2 to the 1988 Act insert—

Part 5

Interpretation

(1)

In this Schedule—

“acquiring authority” means, where notice of a compulsory

acquisition has been given, the person who would be

authorised to make the compulsory acquisition if the order

or legislation to which the notice relates were to become

operative;

“HMO” has the same meaning as in Part 2 of the Housing

Act 2004 (see section 77 of that Act);

“housing association” has the meaning given by section 1 of

the Housing Associations Act 1985;

“managed accommodation” means supported accommodation

into which a tenant has been admitted in order to meet a

need for care, support or supervision, in a case in which

that care, support or supervision is provided otherwise

than by the landlord or a person acting on behalf of the

landlord;

“relevant date” —

(a)

in Grounds 2ZA, 2ZB and 5F, means the date of

service of the notice under section 8;

(b)

otherwise, means the date specified in the notice

under section 8;

but see sub-paragraph (2) where the court exercises the

power conferred by section 8(1)(b);;

Page 171

“support services” in relation to a tenant in supported

accommodation, means care, support or supervision—

(a)

which is provided by the landlord or a person

acting on behalf of the landlord, or

(b)

which the tenant was admitted into the

accommodation for the purpose of receiving;

“supported accommodation” means a dwelling-house let—

(a)

by—

(i)

a housing association,

(ii)

a private registered provider of social

housing,

(iii)

a registered charity, or

(iv)

a voluntary organisation, and

(b)

to a tenant who receives care, support or

supervision provided either—

(i)

by the landlord or a person acting on behalf

of the landlord, or

(ii)

by someone else, if the tenant has been

admitted into the accommodation in order

to meet a need for care, support or

supervision.

(2)

Where the court exercises the power conferred by section 8(1)(b)

(power to dispense with notice under section 8) references in this

Schedule to the relevant date are to be read as references to the

date on which proceedings for possession began.

(3)

For the purposes of this Schedule, each of the following constitutes

giving notice of a compulsory acquisition—

(a)

in the case of a compulsory acquisition which is to be

authorised by a compulsory purchase order—

(i)

publication of the notice required by section 11 of,

or (as the case may be) paragraph 2 of Schedule 1

to, the Acquisition of Land Act 1981, in accordance

with that Act, or

(ii)

service of the notice required by section 12 of, or

(as the case may be) paragraph 3 of Schedule 1 to,

that Act, in accordance with that Act;

(b)

in the case of a compulsory acquisition which is to be

authorised by any other order, publication or service of

any notice that any provision of or made under any Act

requires to be published or served in connection with that

acquisition, in accordance with that Act;

(c)

in the case of a compulsory acquisition which is to be

authorised by a special enactment, publication or service

of a notice that, in connection with that acquisition, is

published or served in accordance with any Standing

Page 172

Order of either House of Parliament relating to private

business.

(4)

In sub-paragraph (3) —

“compulsory purchase order” means a compulsory purchase

order within the meaning given by the Acquisition of

Land Act 1981 (see section 2 of that Act);

“special enactment” means—

(a)

a local or private Act which authorises the

compulsory acquisition of land specifically

identified in that Act, or

(b)

a provision which—

(i)

is contained in an Act other than a local or

private Act, and

(ii)

authorises the compulsory acquisition of

land specifically identified in that Act.

Part 6

Powers to amend Grounds 2ZA, 2ZC, 5C, 5H and 6A and definition

(1)

The Secretary of State may by regulations amend this Schedule

so as to—

(a)

amend Ground 2ZA to change the descriptions of the

landlord who may use the ground;

(b)

amend Ground 2ZC to change the descriptions of previous

landlord mentioned in it;

(c)

provide for Ground 5C to apply only where the landlord

seeking possession or the employer is of a particular

description;

(d)

amend Ground 5H to change the descriptions of landlord

who may use the ground;

(e)

amend Ground 5H to give a different meaning for

“affordable rent” in consequence of regulations under

paragraph 4(2) of Part 1 of Schedule 2 to the Welfare

Reform and Work Act 2016;

(f)

add other situations to the list in the first paragraph of

Ground 6A in which that ground may be relied on or

remove any situations added by virtue of this

sub-paragraph;

(g)

amend the definition of “supported accommodation” or

“managed accommodation” in paragraph 12 .

(2)

Regulations under this paragraph may—

(a)

make consequential, supplementary, incidental, transitional

or saving provision;

(b)

make different provision for different purposes.

Page 173

(3)

Regulations under this paragraph are to be made by statutory

instrument.

(4)

A statutory instrument containing regulations under this

paragraph may not be made unless a draft of the instrument has

been laid before and approved by a resolution of each House of

Parliament.”

Schedule 2

Section 28

Amendments relating to Chapter 1 of Part 1

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

is amended as follows.

In section 16 (protection of tenure of certain rented premises by extension

of Housing Act 1988) as it applies otherwise than to Scotland—

(a)

omit subsection (1);

(b)

in subsection (2)(a) omit “which is a periodic tenancy”;

(c)

in subsection (3), for “Neither subsection (1) nor subsection (2) above

applies” substitute “Subsection (2) does not apply”;

(d)

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—

(a)

omit subsection (1);

(b)

in subsection (2)—

(i)

in paragraph (a) omit “which is a periodic tenancy”;

(ii)

for paragraph (b) and the words after it substitute—

“(b)

immediately before the time when the tenancy

would otherwise have come to an end as

mentioned in paragraph (a)—

(i)

the tenant under the terms of the

tenancy has the exclusive occupation

of some accommodation (in this

section referred to as “the separate

accommodation” ), and has the use of

other accommodation in common with

another person or other persons, not

being or including the landlord, but

(ii)

by reason only of such circumstances

as are mentioned in section 16(4),

subsection (1) of section 3 of the

Housing Act 1988 (provisions where

tenant shares accommodation with

Page 174

persons other than landlord) does not

have effect with respect to the separate

accommodation,

“during the remainder of the period of protection, section 3

of the Housing Act 1988 applies in relation to the separate

accommodation as if the circumstances referred to in

sub-paragraph (ii) did not exist and, accordingly, as if the

tenancy had become an assured tenancy immediately before

it would otherwise have come to an end.”;

(c)

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—

(a)

in paragraph (a) omit “the statutory periodic tenancy which is

deemed to arise or, as the case may be,”;

(b)

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—

(a)

in subsection (2)—

(i)

in the opening words, for “Ground 16” substitute “Ground

5C”;

(ii)

in paragraph (b) omit “statutory periodic tenancy or”;

(b)

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”.

Housing Act 1985

In section 82A of the Housing Act 1985 (demotion because of anti-social

behaviour), in subsection (8), omit paragraph (b).

In section 13(1A) of the Landlord and Tenant Act 1985 (as amended by

section 25) omit paragraph (b) and the “or” before it.

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

Landlord and Tenant Act 1985

Agricultural Holdings Act 1986

paragraph 3—

Page 175

(a)

in sub-paragraph (1), for paragraphs (c) and (d) substitute—

“(c)

premises which are to be let as a separate dwelling

such that they will then be let on an assured tenancy

(construing that term in accordance with Part 1 of

the Housing Act 1988)—

(i)

by the person who was the landlord under

the agricultural tenancy (“the former

agricultural landlord”), or

(ii)

by another person pursuant to a contract or

other agreement entered into with the former

agricultural landlord under which—

(A)

the premises are to be let as suitable

alternative accommodation for the

purposes of paragraph (b) of case

A, and

(B)

subsection (5ZA) of section 7 of that

Act is to apply;

(d)

premises which are to be let as a separate dwelling

in any other case on terms which will afford to the

tenant security of tenure reasonably equivalent to the

security that would be afforded by Chapter 1 of Part

1 of that Act in a case within paragraph (c) .”;

(b)

omit sub-paragraph (2).

Housing Act 1988

The 1988 Act is amended as follows.

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 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 2024”.

In section 5 (security of tenure)—

(a)

in subsection (1)—

(i)

in paragraph (a)(i) omit “or 21”;

(ii)

omit paragraphs (b) and (c) (but not the “or” after them);

(iii)

in the words after paragraph (d), for “a periodic” substitute

“an”;

(b)

omit subsections (2) to (7).

Omit section 6.

In section 9 (extended discretion of court in possession claims), in subsection

(6), omit paragraph (b) and the “or” before it.

Page 176

In section 10A (power to order transfer of tenancy in certain cases) omit

subsection (8).

In section 18 (provisions as to reversions on assured tenancies)—

(a)

in subsection (3)—

(i)

in the words before paragraph (a) omit “which is a periodic

tenancy (including a statutory periodic tenancy)”;

(ii)

omit paragraph (a) and the “or” after it;

(iii)

in paragraph (b), for “periodic” substitute “assured”;

(iv)

in the words after paragraph (b), for “periodic” substitute

“assured”;

(b)

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)”.

In section 39 (statutory tenants: succession) omit subsection (7).

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)—

(a)

in subsection (1) omit the definition of “statutory periodic tenancy”;

(b)

in subsection (2) omit “Subject to paragraph 11 of Schedule 2 to this

Act,”.

In Schedule 2 (grounds for possession)—

(a)

in Part 3, in paragraph 2(a), omit the words from “other than—” to

the end of sub-paragraph (ii) (but not the “, or” at the end of the

paragraph);

(b)

omit Part 4.

In Schedule 11 to the Local Government and Housing Act 1989 (minor and

consequential amendments) omit paragraphs 103 and 108.

The Housing Act 1996 is amended as follows.

In section 64 omit the entry for “assured shorthold tenancy”.

Omit sections 96 to 100.

In Schedule 4 (statutory tenants: succession), in Part 3, omit paragraph 15.

Local Government and Housing Act 1989

Housing Act 1996

In section 143 (index of defined expressions) omit “and assured shorthold

tenancy”.

In section 175 (homelessness and threatened homelessness), in subsection

(5)—

(a)

in paragraph (a), for “section 21 of the Housing Act 1988 (orders

for possession on expiry or termination of assured shorthold

tenancy)” substitute “section 8 of the Housing Act 1988 (notice of

proceedings for possession)”;

(b)

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)—

(a)

in paragraph (a) omit “shorthold”;

(b)

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

(c)

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

In section 195 (duties in cases of threatened homelessness), in subsection

(6)—

(a)

in the words before paragraph (a), for “section 21 of the Housing

Act 1988 (orders for possession on expiry or termination of assured

shorthold tenancy)” substitute “section 8 of the Housing Act 1988

(notice of proceedings for possession)”;

(b)

in paragraph (a)—

(i)

for “will expire” substitute “specifies a date that is”;

(ii)

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.

Capital Allowances Act 2001

In the Capital Allowances Act 2001, in section 490(3)(b) (assured tenancy

allowances), omit “(but not an assured shorthold tenancy)”.

Page 178

Police Reform Act 2002

In section 100 of the Police Reform Act 2002 (Metropolitan Police Authority

housing) omit subsection (4).

Homelessness Act 2002

In section 7 of the Homelessness Act 2002 (events causing main

homelessness duty to cease)—

(a)

for subsection (1) substitute—

“(1)

Section 193 of the 1996 Act (events which bring main

homelessness duty to an end) is amended in accordance with

subsections (3) to (5).”;

(b)

omit subsection (2).

Finance Act 2003

In Schedule 9 to the Finance Act 2003 (stamp duty land tax: right to buy,

shared ownership leases etc)—

(a)

in paragraph 13, in each place it occurs, for “assured shorthold

tenancy” substitute “assured tenancy”;

(b)

in paragraph 14, in each place it occurs, for “assured shorthold

tenancy” substitute “assured tenancy”.

Anti-social Behaviour Act 2003

In the Anti-social Behaviour Act 2003—

(a)

in section 14 (security of tenure: anti-social behaviour) omit

subsection (4);

(b)

omit section 15.

Housing Act 2004

In the Housing Act 2004—

(a)

omit section 75;

(b)

omit section 98.

In Schedule 11 to the Housing and Regeneration Act 2008 (possession orders

relating to certain tenancies), in Part 1—

(a)

omit paragraph 7;

(b)

omit paragraph 9.

In the Localism Act 2011—

Housing and Regeneration Act 2008

Localism Act 2011

(a)

in section 148 (duties to homeless persons) omit subsection (6)(b)

and the “and” before it;

(b)

in section 149 (duties to homeless persons: further amendments)

omit subsections (2) and (4);

(c)

in section 162 (secure and assured tenancies: recovery of possession

after tenant’s death) omit subsection (4);

(d)

omit section 163;

(e)

omit section 164;

(f)

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”.

Deregulation Act 2015

In the Deregulation Act 2015—

(a)

omit section 31;

(b)

omit sections 33 to 41.

Immigration Act 2016

In section 41 of the Immigration Act 2016 (order for possession of

dwelling-house), in subsection (3), omit paragraphs (c) and (d).

Renting Homes (Wales) Act 2016 (anaw 1)

In Schedule 12 to the Renting Homes (Wales) Act 2016—

(a)

in the Welsh language text, after paragraph 29 insert—

“29A

At ddibenion paragraffau 28 a 29, mae Deddf Tai 1988 yn

gymwys heb y diwygiadau a wnaed gan Ddeddf Rhentwyr

(Diwygio) 2024 (p. ).”;

(b)

in the English language text, after paragraph 29 insert—

“29A

For the purposes of paragraphs 28 and 29, the Housing

Act 1988 applies without the amendments made by the

Renters' Rights Act 2024 (c. ).”

Homelessness Reduction Act 2017

In section 4 of the Homelessness Reduction Act 2017 (duty in cases of

threatened homelessness) omit subsection 4.

Page 180

Schedule 3

Section 71

Amendments connected with landlord redress schemes

Local Government Act 1974

The Local Government Act 1974 is amended in accordance with paragraphs

2 to 5 .

(1)

Section 33 (consultation between Local Commissioner and other

Commissioners and Ombudsmen) is amended as follows.

(2)

In the heading, for the words from “Local Commissioner” to the end

substitute “Local Commissioner and other appropriate persons”.

(3)

In subsection (1)—

(a)

for the words from “subject of an investigation” to “about the matter

and,” substitute “subject of a relevant investigation, the Local

Commissioner shall consult with the appropriate person about the

matter and,”;

(b)

for the words from “initiate a complaint” to the end substitute

“initiate a relevant complaint in relation to which the person

consulted would be the appropriate person”.

(4)

In subsection (2)—

(a)

for the words from “the Parliamentary Commissioner” to “in relation

to” substitute “an appropriate person in relation to”;

(b)

for the words from “consult” to “about” substitute “consult that

person about”.

(5)

In subsection (3)—

(a)

for the words from “conducting an investigation” to “the complaint

relates” substitute “conducting a relevant investigation, the

appropriate person forms the opinion that the complaint to which

the investigation relates also relates”;

(b)

for “he”, in both places it occurs, substitute “the appropriate person”.

(6)

After subsection (3) insert—

“(3ZA)

Subsection (3) does not apply in relation to any of the following

relevant investigations—

(a)

an investigation by the Health Service Commissioner for

England in accordance with the Act of 1993;

(b)

an investigation by the Public Services Ombudsman for

Wales in accordance with the Public Services Ombudsman

(Wales) Act 2005;

(c)

an investigation by the Scottish Public Services Ombudsman

in accordance with the Act of 2002.”

(7)

Omit subsections (3A) to (3C).

Page 181

(8)

In subsection (4), for the words from “subsection (3)” to “subsection (2)”,

substitute “subsection (3), a Local Commissioner is consulted about a

relevant complaint, subsection (2)”.

(9)

After subsection (5) insert—

“(5A)

In this section—

(a)

“relevant investigation” means an investigation specified in

column 1 of the table;

(b)

“relevant complaint” means a complaint specified in column

2 of the table;

(c)

“appropriate person”—

(i)

in relation to a relevant investigation, means the

person in column 3 of the table in the row in which

the investigation is specified;

(ii)

in relation to a relevant complaint, means the person

in column 3 of the table in the row in which the

complaint is specified.

“1

Relevant investigations

Relevant complaints

Appropriate persons

An investigation by the

A complaint under the

The Parliamentary

Parliamentary

Act of 1967

Commissioner

Commissioner in

accordance with section

5 of the Act of 1967

An investigation by the

A complaint under the

The Health Service

Health Service

Act of 1993

Commissioner for

England

England in accordance

with the Act of 1993

An investigation by a

A complaint under the

The housing

housing ombudsman

Housing Act 1996

ombudsman

under the Housing Act

1996

An investigation by the

A complaint under the

The Scottish Public

Scottish Public Services

Act of 2002

Services Ombudsman

Ombudsman in

accordance with the

Act of 2002

An investigation by the

A complaint under the

The Public Services

Public Services

Ombudsman for Wales

Ombudsman (Wales)

in accordance with the

Act 2005

Public Services

Page 182

Ombudsman (Wales)

Act 2005

An investigation by the

A complaint under the

The new homes

new homes

ombudsman

ombudsman under the

ombudsman scheme

new homes

ombudsman scheme

(see section 136 of the

Building Safety Act

2022)

An investigation under

A complaint under a

The person responsible

a leasehold and estate

leasehold and estate

for overseeing and

management redress

monitoring the

scheme (see section 100

scheme

investigation and

of the Leasehold and

determination of

Freehold Reform Act

complaints under the

2024)

scheme

An investigation under

A complaint under a

The person responsible

a landlord redress

landlord redress

for overseeing and

scheme (see section 62

scheme

monitoring the

of the Renters' Rights

investigation and

Act 2024)

determination of

complaints under the

scheme”

(1)

Section 33ZA (collaborative working between Local Commissioners and

others) is amended as follows.

(2)

In subsection (1), for the words from “jurisdiction of” to the end substitute

“jurisdiction of an appropriate person, the Local Commissioner may, subject

to subsection (2) below, conduct an investigation under this Part jointly

with that appropriate person and any other appropriate person who, in

the opinion of the Local Commissioner, has jurisdiction in relation to the

matters which are the subject of the Local Commissioner’s investigation.”

(3)

Omit subsections (1A) and (1B).

(4)

In subsection (3), for the words from “investigated by” to the end substitute

“investigated by an appropriate person relates partly to a matter within

the Local Commissioner’s jurisdiction by virtue of this Part, the Local

Commissioner may conduct an investigation under this Part jointly with

that appropriate person and any other appropriate person who is also

investigating the complaint.”

(5)

After subsection (5) insert—

“(6)

For the purposes of this section—

(a)

“appropriate person” means any of the following—

Page 183

(i)

the Parliamentary Commissioner;

(ii)

the Health Service Commissioner for England;

(iii)

a housing ombudsman;

(iv)

the new homes ombudsman;

(v)

an individual who investigates complaints under a

redress scheme;

(b)

“redress scheme” means—

(i)

a leasehold and estate management redress scheme;

(ii)

a landlord redress scheme;

(c)

a matter is within the jurisdiction of an individual who

investigates complaints under a redress scheme if it is a

matter which could be the subject of an investigation under

that scheme.”

In section 33ZB (arrangements for provision of administrative and other

services), for subsection (4) substitute—

“(4)

The persons within this subsection are—

the Commission;

the Parliamentary Commissioner;

the Health Service Commissioner for England;

the person administering a scheme approved under Schedule

2 to the Housing Act 1996 (scheme for enabling complaints

to be investigated by a housing ombudsman);

the new homes ombudsman;

the person maintaining the new homes ombudsman scheme

under arrangements made pursuant to section 136 of the

Building Safety Act 2022;

the administrator of a leasehold and estate management

redress scheme;

the administrator of a landlord redress scheme.”

In section 34 (interpretation), in subsection (1), at the appropriate places

insert—

““head of landlord redress” , in relation to a landlord redress scheme,

means the person responsible for overseeing and monitoring the

investigation and determination of complaints under the scheme;

““landlord redress scheme” has the meaning given by section 62 (2) of

the Renters' Rights Act 2024;”.

Housing Act 1996

(1)

Paragraph 10A of Schedule 2 to the Housing Act 1996 (housing complaints:

collaborative working with Local Commissioners) is amended as follows.

(2)

In the heading above that paragraph, for “Local Commissioners” substitute

“other appropriate persons”.

Page 184

(3)

In sub-paragraph (1), for the words from “a Local Commissioner” to the

end substitute “an appropriate person, the housing ombudsman may,

subject to sub-paragraph (2), conduct an investigation under this Act jointly

with that person and any other appropriate person the housing ombudsman

considers has jurisdiction.”

(4)

Omit sub-paragraph (1A).

(5)

In sub-paragraph (3), for the words from “a Local Commissioner” to the

end substitute “an appropriate person relates partly to a matter within the

jurisdiction of the housing ombudsman, the housing ombudsman may

conduct an investigation jointly with that person and any other appropriate

person investigating the complaint.”

(6)

In sub-paragraph (4), for the words from “investigation jointly with” to the

end substitute “investigation jointly with one or more appropriate persons,

the requirements of paragraph 7 may be satisfied by a report made jointly

with those persons.”

(7)

For sub-paragraph (6) substitute—

“(6)

For the purposes of this paragraph—

(a)

“appropriate person” means any of the following—

(i)

a Local Commissioner;

(ii)

the new homes ombudsman;

(iii)

an individual who investigates complaints under

a redress scheme;

(b)

“redress scheme” means—

(i)

a redress scheme within the meaning of section

100(4) of the Leasehold and Freehold Reform Act

2024 (leasehold and estate management redress

schemes);

(ii)

a landlord redress scheme within the meaning of

section 62 (2) of the Renters' Rights Act 2024;

(c)

a matter is within the jurisdiction of an individual who

investigates complaints under a redress scheme if it is a

matter which could be the subject of an investigation

under that scheme.”

Government of Wales Act 1998

In paragraph 17 of Schedule 12 to the Government of Wales Act 1998 (minor

and consequential amendments), omit sub-paragraphs (2) and (3).

Public Services Ombudsman (Wales) Act 2005

In paragraph 15 of Schedule 6 to the Public Services Ombudsman (Wales)

Act 2005 (consequential amendments)—

(a)

in sub-paragraph (2), omit paragraphs (c) and (e);

(b)

omit sub-paragraph (3).

Page 185

Localism Act 2011

In section 182 of the Localism Act 2011 (transfer of functions to housing

ombudsman), omit subsections (2) to (6).

Building Safety Act 2022

The Building Safety Act 2022 is amended in accordance with paragraphs

11 and 12 .

In Schedule 3 (cooperation and information sharing), in paragraph 3, for

sub-paragraph (5) substitute—

“(5)

“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

62 (2) of the Renters' Rights Act 2024.”

In Schedule 10 (amendments in connection with new homes ombudsman),

omit paragraphs 1 to 5.

Leasehold and Freehold Reform Act 2024

In Schedule 13 to the Leasehold and Freehold Reform Act 2024 (amendments

in connection with leasehold and estate management redress schemes),

omit paragraphs 2, 3, 4, 6 and 7.

Schedule 4

Section 98 (6)

Decent homes standard

Part 1

Amendments of Housing Act 2004

The Housing Act 2004 is amended as follows.

Page 186

(1)

Section 1 (new system for assessing housing conditions and enforcing

housing standards) is amended as follows.

(2)

In subsection (3)(a), omit “hazard”.

(3)

In subsection (8), after “ This Part ” insert “, except so far as it relates to the

requirements specified by regulations under section 2A ,”.

(1)

Section 4 (inspections by local housing authorities) is amended as follows.

(2)

For subsection (1) substitute—

“(1)

If a local housing authority consider as a result of any matters of

which they have become aware in carrying out their duty under

section 3, or for any other reason, that it would be appropriate for

any residential premises in their district to be inspected with a view

to determining—

(a)

whether any category 1 or 2 hazard exists on the premises,

(b)

in the case of qualifying residential premises, whether the

premises meet the requirements specified by regulations

under section 2A ,

the authority must arrange for such an inspection to be carried out.”

(3)

In subsection (2)—

(a)

omit the “or” at the end of paragraph (a) , and

(b)

after that paragraph insert—

“(aa)

in the case of qualifying residential premises, that the

premises may not meet the requirements specified

by regulations under section 2A , or”.

(4)

After subsection (5) insert—

“(5A)

Regulations made under subsection (4) by the Secretary of State

may also make provision about the manner of assessing whether

qualifying residential premises meet the requirements specified by

regulations under section 2A .”

(5)

In subsection (6)—

(a)

omit the “or” at the end of paragraph (a) , and

(b)

after that paragraph insert—

“(aa)

that any qualifying residential premises in their

district fail to meet the requirements specified by

regulations under section 2A , or”.

(6)

In the heading, omit “to see whether category 1 or 2 hazards exist”.

(1)

Section 5 (general duty to take enforcement action) is amended as follows.

(2)

For subsection (1) substitute—

“(1)

If a local housing authority consider that—

(a)

a category 1 hazard exists on any residential premises, or

Page 187

(b)

any qualifying residential premises fail to meet a type 1

requirement,

the authority must take the appropriate enforcement action in

relation to the hazard or failure.”

(3)

In subsection (2)(c), for “a hazard” substitute “an”.

(4)

In subsections (3) to (6), after “hazard” (in each place) insert “or failure”.

(5)

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—

“6A

Financial penalties relating to category 1 hazards or type 1

requirements

(1)

This section applies where—

(a)

a local housing authority is required by section 5(1) to take

the appropriate enforcement action in relation to—

(i)

the existence of a category 1 hazard on qualifying

residential premises other than the common parts of

a building containing one or more flats, or

(ii)

a failure by qualifying residential premises other than

the common parts of a building containing one or

more flats to meet a type 1 requirement, and

(b)

in the opinion of the local housing authority it would have

been reasonably practicable for the responsible person to

secure the removal of the hazard or the meeting of the

requirement.

(2)

When first taking that action, the local housing authority may also

impose on the responsible person a financial penalty under this

section in relation to the hazard or failure.

(3)

In subsections (1) and (2) , “the responsible person” is the person on

whom an improvement notice may be served in accordance with

paragraphs A1 to 4 of Schedule 1 in relation to the hazard or failure.

(4)

For the purposes of subsection (3) —

(a)

it is to be assumed that serving such a notice in relation to

the hazard or failure is a course of action available to the

authority, and

(b)

any reference in paragraphs A1 to 4 of Schedule 1 to “the

specified premises” is, in relation to the imposition of a

financial penalty under this section, to be read as a reference

to the premises specified in the final notice in accordance

with paragraph 8 (c) of Schedule A1.

(5)

In subsection (4)(b), “final notice” has the meaning given by

paragraph 6 of Schedule A1.

Page 188

(6)

The amount of the penalty is to be determined by the authority but

must not be more than £7,000.

(7)

A penalty under this section may relate to—

(a)

more than one category 1 hazard on the same premises,

(b)

more than one failure to meet type 1 requirements by the

same premises, or

(c)

any combination of such hazards or failures on or by the

same premises.

(8)

The Secretary of State may by regulations amend the amount

specified in subsection (6) to reflect changes in the value of money.

(9)

Schedule A1 makes provision about—

(a)

the procedure for imposing a financial penalty under this

section,

(b)

appeals against financial penalties under this section,

(c)

enforcement of financial penalties under this section, and

(d)

how local housing authorities are to deal with the proceeds

of financial penalties under this section.”

(1)

Section 7 (powers to take enforcement action) is amended as follows.

(2)

In subsection (1), for “that a category 2 hazard exists on residential

premises” substitute “that—

“(a)

a category 2 hazard exists on residential premises, or

(b)

qualifying residential premises fail to meet a type 2

requirement.”.

(3)

In subsection (2)(c), for “a hazard” substitute “an”.

(4)

In subsection (3)—

(a)

after “hazard” (in the first place) insert “or failure to meet a type 2

requirement”, and

(b)

after “hazard” (in the second place) insert “or failure”.

(5)

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”.

(1)

Section 9 (guidance about inspections and enforcement action) is amended

as follows.

(2)

In subsection (1)(b), omit “hazard”.

(3)

After that subsection insert—

“(1A)

The Secretary of State may give guidance to local housing authorities

in England about exercising their functions under this Chapter in

relation to—

(a)

assessing whether qualifying residential premises meet the

requirements specified by regulations under section 2A , or

Page 189

(b)

financial penalties.”

In the heading of Chapter 2 of Part 1 (improvement notices, prohibition

orders and hazard awareness notices), omit “hazard”.

(1)

Section 11 (improvement notices relating to category 1 hazards: duty of

authority to serve notice) is amended as follows.

(2)

For subsection (1) substitute—

“(1)

If—

(a)

the local housing authority are satisfied that—

(i)

a category 1 hazard exists on any residential premises,

(ii)

any qualifying residential premises fail to meet a type

1 requirement, and

(b)

no management order is in force in relation to the premises

under Chapter 1 or 2 of Part 4,

serving an improvement notice under this section in respect of the

hazard or failure is a course of action available to the authority in

relation to the hazard or failure for the purposes of section 5

(category 1 hazards and type 1 requirements: general duty to take

enforcement action).”

(3)

In subsection (2), after “hazard” insert “or failure”.

(4)

In subsection (3)(a), after “exists” insert “, or which fail to meet the

requirement,”.

(5)

In subsection (4)—

(a)

after “exists,” insert “or which fail to meet the requirement,”, and

(b)

in paragraph (a) , after “hazard” insert “or failure”.

(6)

In subsection (5)(a), for the words from “that” to “but” substitute “that—

“(i)

if the notice relates to a hazard, the hazard ceases to

be a category 1 hazard;

(ii)

if the notice relates to a failure by premises to meet

a type 1 requirement, the premises meet the

requirement; but”.

(7)

In subsection (6), for the words from “to” to the end substitute “to—

“(a)

more than one category 1 hazard on the same premises or

in the same building containing one or more flats,

(b)

more than one failure to meet type 1 requirements by the

same premises or the same building containing one or more

flats, or

(c)

any combination of such hazards and failures—

(i)

on or by the same premises, or

(ii)

in or by the same building containing one or more

flats.”

Page 190

(8)

In subsection (8)—

(a)

after “hazard” (in the first place) insert “or failure”, and

(b)

after “hazard” (in the second place) insert “or secure that the

premises meet the requirement”.

(9)

In the heading, after “hazards” insert “and type 1 requirements”.

(1)

Section 12 (improvement notices relating to category 2 hazards: power of

authority to serve notice) is amended as follows.

(2)

For subsection (1) substitute—

“(1)

If—

(a)

the local housing authority are satisfied that—

(i)

a category 2 hazard exists on any residential premises,

(ii)

any qualifying residential premises fail to meet a type

2 requirement, and

(b)

no management order is in force in relation to the premises

under Chapter 1 or 2 of Part 4,

the authority may serve an improvement notice under this section

in respect of the hazard or failure.”

(3)

In subsection (2), after “hazard” insert “or failure”.

(4)

In subsection (4), for the words from “to” to the end substitute “to—

“(a)

more than one category 2 hazard on the same premises or

in the same building containing one or more flats,

(b)

more than one failure to meet type 2 requirements by the

same premises or the same building containing one or more

flats, or

(c)

any combination of such hazards and failures—

(i)

on or by the same premises, or

(ii)

in or by the same building containing one or more

flats.”

(5)

In the heading, after “hazards” insert “and type 2 requirements”.

(1)

Section 13 (contents of improvement notices) is amended as follows.

(2)

In subsection (2)—

(a)

after “hazard” (in each place) insert “or failure”,

(b)

after “hazards” insert “or failures”, and

(c)

in paragraph (b) , after “exists” insert “or to which it relates”.

(3)

In subsection (5), after “hazard” insert “or failure”.

In section 16(3) (revocation and variation of improvement notices)—

(a)

after “hazards” (in the first place) insert “or failures (or a

combination of hazards and failures)”, and

(b)

in paragraph (a) , after “hazards” insert “or failures”.

Page 191

(1)

Section 19 (change in person liable to comply with improvement notice) is

amended as follows.

(2)

For subsection (2) substitute—

“(2)

In subsection (1), the reference to a person ceasing to be a “person

of the relevant category”—

(a)

in the case of an improvement notice served on a landlord

or superior landlord under paragraph A1 (2) of Schedule 1,

is a reference to the person ceasing to hold the estate in the

premises by virtue of which the person was the landlord or

superior landlord, and

(b)

in any other case, is a reference to the person ceasing to fall

within the description of person (such as, for example, the

holder of a licence under Part 2 or 3 or the person managing

a dwelling) by reference to which the notice was served on

the person.”

(3)

In subsection (7), for “or (9)” substitute “, (9) or (10)”.

(4)

After subsection (9) insert—

“(10)

If—

(a)

the original recipient was served as a landlord or superior

landlord under paragraph A1 (2) of Schedule 1, and

(b)

the original recipient ceases as from the changeover date to

be a person of the relevant category as a result of ceasing

to hold the estate in the premises by virtue of which the

person was the landlord or superior landlord,

the new holder of the estate or, if the estate has ceased to exist, the

reversioner, is the “liable person”.”

(1)

In section 20 (prohibition orders relating to category 1 hazards: duty of

authority to make order) is amended as follows.

(2)

For subsection (1) substitute—

“(1)

If—

(a)

the local housing authority are satisfied that—

(i)

a category 1 hazard exists on any residential premises,

(ii)

any qualifying residential premises fail to meet a type

1 requirement, and

(b)

no management order is in force in relation to the premises

under Chapter 1 or 2 of Part 4,

making a prohibition order under this section in respect of the

hazard or failure is a course of action available to the authority in

relation to the hazard or failure for the purposes of section 5

(category 1 hazards and type 1 requirements: general duty to take

enforcement action).”

(3)

In subsection (3)—

Page 192

(a)

in paragraph (a) , after “exists” insert “, or which fail to meet the

requirement,”, and

(b)

for paragraph (b) substitute—

“(b)

if those premises are—

(i)

one or more flats, or

(ii)

accommodation falling within paragraph (e)

of the definition of “residential premises” in

section 1(4) (homelessness) that is not a

dwelling, HMO or flat,

it may prohibit the use of the building containing the

flat or flats or accommodation (or any part of the

building) or any external common parts;”.

(4)

In subsection (4)—

(a)

after “exists,” insert “or which fail to meet the requirement,”, and

(b)

in paragraph (a) , after “hazard” insert “or failure”.

(5)

In subsection (5), for the words from “to” to the end substitute “to—

“(a)

more than one category 1 hazard on the same premises or

in the same building containing one or more flats,

(b)

more than one failure to meet type 1 requirements by the

same premises or the same building containing one or more

flats, or

(c)

any combination of such hazards and failures—

(i)

on or by the same premises, or

(ii)

in or by the same building containing one or more

flats.”

(6)

In the heading, after “hazards” insert “and type 1 requirements”.

(1)

Section 21 (prohibition orders relating to category 2 hazards: power of

authority to make order) is amended as follows.

(2)

For subsection (1) substitute—

“(1)

If—

(a)

the local housing authority are satisfied that—

(i)

a category 2 hazard exists on any residential premises,

(ii)

any qualifying residential premises fail to meet a type

2 requirement, and

(b)

no management order is in force in relation to the premises

under Chapter 1 or 2 of Part 4,

the authority may make a prohibition order under this section in

respect of the hazard or failure.”

Page 193

(3)

In subsection (4), for the words from “to” to the end substitute “to—

“(a)

more than one category 2 hazard on the same premises or

in the same building containing one or more flats,

(b)

more than one failure to meet type 2 requirements by the

same premises or the same building containing one or more

flats, or

(c)

any combination of such hazards and failures—

(i)

on or by the same premises, or

(ii)

in or by the same building containing one or more

flats.”

(4)

In the heading, after “hazards” insert “and type 2 requirements”.

(1)

Section 22 (contents of prohibition orders) is amended as follows.

(2)

In subsection (2)—

(a)

after “hazard” (in each place) insert “or failure”,

(b)

after “hazards” insert “or failures”, and

(c)

in paragraph (b) , after “exists” insert “or to which it relates”.

(3)

In subsection (3)(b), after “hazards” insert “, or failure or failures,”.

(1)

Section 25 (revocation and variation of prohibition orders) is amended as

follows.

(2)

In subsection (1), for the words from “that” to the end substitute “that—

“(a)

in the case of an order made in respect of a hazard, the

hazard does not then exist on the residential premises

specified in the order in accordance with section 22(2)(b),

and

(b)

in the case of an order made in respect of a failure by

premises so specified to meet a requirement specified by

regulations under section 2A , the premises then meet the

requirement.”

(3)

In subsection (3)—

(a)

after “hazards” (in the first place) insert “or failures (or a

combination of hazards and failures)”, and

(b)

in paragraph (a) , after “hazards” insert “or failures”.

In the italic heading before section 28, omit “Hazard”.

(1)

Section 28 (hazard awareness notices relating to category 1 hazards: duty

of authority to serve notice) is amended as follows.

(2)

For subsections (1) and (2) substitute—

“(1)

If—

(a)

the local housing authority are satisfied that—

(i)

a category 1 hazard exists on any residential premises,

Page 194

(ii)

any qualifying residential premises fail to meet a type

1 requirement, and

(b)

no management order is in force in relation to the premises

under Chapter 1 or 2 of Part 4,

serving an awareness notice under this section in respect of the

hazard or failure is a course of action available to the authority in

relation to the hazard or failure for the purposes of section 5

(category 1 hazards and type 1 requirements: general duty to take

enforcement action).

(2)

An awareness notice under this section is a notice advising the

person on whom it is served of—

(a)

the existence of a category 1 hazard on, or

(b)

a failure to meet a type 1 requirement by,

the residential premises concerned which arises as a result of a

deficiency on the premises in respect of which the notice is served.”

(3)

In subsection (3)(a), after “exists” insert “, or which fail to meet the

requirement,”.

(4)

In subsection (4)—

(a)

after “exists,” insert “or which fail to meet the requirement,”, and

(b)

in paragraph (a) , after “hazard” insert “or failure”.

(5)

In subsection (5), for the words from “to” to the end substitute “to—

“(a)

more than one category 1 hazard on the same premises or

in the same building containing one or more flats,

(b)

more than one failure to meet type 1 requirements by the

same premises or the same building containing one or more

flats, or

(c)

any combination of such hazards and failures—

(i)

on or by the same premises, or

(ii)

in or by the same building containing one or more

flats.”

(6)

In subsection (6)—

(a)

after “hazard” (in each place) insert “or failure”,

(b)

after “hazards” insert “or failures”, and

(c)

in paragraph (a) , after “exists” insert “or to which it relates”.

(7)

In subsection (8), for “a hazard” substitute “an”.

(8)

At the end insert—

“(9)

A notice under this section in respect of residential premises in

Wales is to be known as a “hazard awareness notice”.”

(9)

In the heading—

(a)

omit “Hazard”, and

(b)

after “category 1 hazards” insert “and type 1 requirements”.

Page 195

(1)

Section 29 (hazard awareness notices relating to category 2 hazards: power

of authority to serve notice) is amended as follows.

(2)

For subsections (1) and (2) substitute—

“(1)

If—

(a)

the local housing authority are satisfied that—

(i)

a category 2 hazard exists on any residential premises,

(ii)

any qualifying residential premises fail to meet a type

2 requirement, and

(b)

no management order is in force in relation to the premises

under Chapter 1 or 2 of Part 4,

the authority may serve an awareness notice under this section in

respect of the hazard or failure.

(2)

An awareness notice under this section is a notice advising the

person on whom it is served of—

(a)

the existence of a category 2 hazard on, or

(b)

a failure to meet a type 2 requirement by,

the residential premises concerned which arises as a result of a

deficiency on the premises in respect of which the notice is served.”

(3)

In subsection (3), for “a hazard” substitute “an”.

(4)

In subsection (4), for the words from “to” to the end substitute “to—

“(a)

more than one category 2 hazard on the same premises or

in the same building containing one or more flats,

(b)

more than one failure to meet type 2 requirements by the

same premises or the same building containing one or more

flats, or

(c)

any combination of such hazards and failures—

(i)

on or by the same premises, or

(ii)

in or by the same building containing one or more

flats.”

(5)

In subsection (5)—

(a)

after “hazard” (in each place) insert “or failure”,

(b)

after “hazards” insert “or failures”, and

(c)

in paragraph (a) , after “exists” insert “or to which it relates”.

(6)

In subsection (8), for “a hazard” substitute “an”.

(7)

At the end insert—

“(9)

A notice under this section in respect of residential premises in

Wales is to be known as a “hazard awareness notice”.”

(8)

In the heading—

(a)

omit “Hazard”, and

(b)

after “category 2 hazards” insert “and type 2 requirements”.

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(1)

Section 30 (offence of failing to comply with improvement notice) is

amended as follows.

(2)

In subsection (2), after “hazard” insert “or failure”.

(3)

In subsection (3), omit “not exceeding level 5 on the standard scale”.

(4)

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—

““relevant person” , in relation to any premises, means—

(a)

a person who is an owner of the premises;

(b)

a person having control of or managing the premises;

(c)

the holder of any licence under Part 2 or 3 in respect of the

premises;

(d)

in the case of qualifying residential premises which are let

under a relevant tenancy, the landlord under the tenancy

and any person who is a superior landlord in relation to the

tenancy.”

(1)

Section 40 (emergency remedial action) is amended as follows.

(2)

For subsection (1) substitute—

“(1)

If—

(a)

the local housing authority are satisfied that—

(i)

a category 1 hazard exists on any residential premises,

(ii)

any qualifying residential premises fail to meet a type

1 requirement, and

(b)

they are further satisfied that the hazard or failure involves

an imminent risk of serious harm to the health or safety of

any of the occupiers of those or any other residential

premises, and

(c)

no management order is in force under Chapter 1 or 2 of

Part 4 in relation to the premises mentioned in paragraph

(a)(i) or (ii),

the taking by the authority of emergency remedial action under this

section in respect of the hazard or failure is a course of action

available to the authority in relation to the hazard or failure for the

purposes of section 5 (category 1 hazards and type 1 requirements:

general duty to take enforcement action).”

(3)

In subsection (2), after “hazard” insert “or failure”.

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(4)

In subsection (4), for the words from “of” to the end substitute “of—

“(a)

more than one category 1 hazard on the same premises or

in the same building containing one or more flats,

(b)

more than one failure to meet type 1 requirements by the

same premises or the same building containing one or more

flats, or

(c)

any combination of such hazards and failures—

(i)

on or by the same premises, or

(ii)

in or by the same building containing one or more

flats.”

In section 41 (notice of emergency remedial action), in subsection (2)—

(a)

after “hazard” (in each place) insert “or failure”,

(b)

after “hazards” insert “or failures”, and

(c)

in paragraph (a) , after “exists” insert “or to which it relates”.

In section 43 (emergency prohibition orders), for subsection (1) substitute—

“(1)

If—

(a)

the local housing authority are satisfied that—

(i)

a category 1 hazard exists on any residential premises,

(ii)

any qualifying residential premises fail to meet a type

1 requirement, and

(b)

they are further satisfied that the hazard or failure involves

an imminent risk of serious harm to the health or safety of

any of the occupiers of those or any other residential

premises, and

(c)

no management order is in force under Chapter 1 or 2 of

Part 4 in relation to the premises mentioned in paragraph

(a)(i) or (ii),

making an emergency prohibition order under this section in respect

of the hazard or failure is a course of action available to the

authority in relation to the hazard or failure for the purposes of

section 5 (category 1 hazards and type 1 requirements: general duty

to take enforcement action).”

In section 44 (contents of emergency prohibition orders), in subsection (2)—

(a)

after “hazard” (in each place) insert “or failure”,

(b)

after “hazards” insert “or failures”, and

(c)

in paragraph (a) , after “exists” insert “or to which it relates”.

In section 49 (power to charge for certain enforcement action)—

(a)

in subsection (1)(c), for “a hazard” substitute “an”, and

(b)

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”.

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In section 54 (index of defined expressions: Part 1 )—

(a)

at the appropriate places insert—

“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)”, and

(b)

in the entry for “Hazard awareness notice”, in the first column, omit

“Hazard” (and, accordingly, move the entry to the appropriate

place).

(1)

Section 250 (orders and regulations) is amended as follows.

(2)

After subsection (2) insert—

“(2A)

The power under subsection (2)(b) includes power—

(a)

to provide for regulations under sections 2A and 2B (3) to

apply (with or without modifications) in relation to tenancies

or licences entered into before the date on which the

regulations come into force;

(b)

for regulations under section 2B (3) (b) to provide for Part 1

to apply in relation to licences with such modifications as

may be specified in the regulations.”

(3)

In subsection (6), before paragraph (a) insert—

“(za)

regulations under sections 2A and 2B (3) ,”.

Before Schedule 1 insert—

“Schedule A1

Section 6A

Procedure and appeals relating to financial penalties under section

Notice of intent

Before imposing a financial penalty on a person under section

6A a local housing authority must give the person notice of the

authority’s proposal to do so (a “notice of intent”).

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

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has evidence sufficient to require it to take the appropriate

enforcement action under section 5(1) in relation to—

(a)

the existence of the category 1 hazard, or

(b)

the failure to meet the type 1 requirement.

The notice of intent must set out—

(a)

the date on which the notice of intent is given,

(b)

the amount of the proposed financial penalty,

(c)

the reasons for proposing to impose the penalty,

(d)

information about the right to make representations under

paragraph 4 .

Right to make representations

(1)

A person who is given a notice of intent may make written

representations to the authority about the proposal to impose a

financial penalty.

(2)

Any representations must be made within the period of 28 days

beginning with the day after the day on which the notice of intent

was given (“the period for representations”).

Final notice

After the end of the period for representations the local housing

authority must—

(a)

decide whether to impose a financial penalty on the

person, and

(b)

if it decides to do so, decide the amount of the penalty.

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—

(a)

the date on which the final notice is given,

(b)

the amount of the financial penalty,

(c)

the premises—

(i)

on which the authority considers a category 1

hazard exists;

(ii)

which the authority considers fail to meet a type

1 requirement,

(d)

the reasons for imposing the penalty,

(e)

information about how to the pay the penalty,

(f)

the period for payment of the penalty,

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(g)

information about rights of appeal, and

(h)

the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

(1)

A local housing authority may at any time—

(a)

withdraw a notice of intent or final notice, or

(b)

reduce an amount specified in a notice of intent or final

notice.

(2)

The power in sub-paragraph (1) is to be exercised by giving notice

in writing to the person to whom the notice was given.

Appeals

(1)

A person to whom a final notice is given may appeal to the

First-tier Tribunal against—

(a)

the decision to impose the penalty, or

(b)

the amount of the penalty.

(2)

An appeal under this paragraph must be brought within the

period of 28 days beginning with the day after that on which the

final notice is given to the person.

(3)

If a person appeals under this paragraph, the final notice is

suspended until the appeal is finally determined, withdrawn or

abandoned.

(4)

An appeal under this paragraph—

(a)

is to be a re-hearing of the authority’s decision, but

(b)

may be determined having regard to matters of which the

authority was unaware.

(5)

On an appeal under this paragraph the First-tier Tribunal may

quash, confirm or vary the final notice.

(6)

The final notice may not be varied under sub-paragraph (5) so

as to impose a financial penalty of more than the local housing

authority could have imposed.

Recovery of financial penalty

(1)

This paragraph applies if a person fails to pay the whole or any

part of a financial penalty which, in accordance with this Schedule,

the person is liable to pay.

(2)

The local housing authority which imposed the financial penalty

may recover the penalty, or part of it, on the order of the county

court as if it were payable under an order of that court.

(3)

In proceedings before the county court for the recovery of a

financial penalty or part of a financial penalty, a certificate which

is—

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(a)

signed by the chief finance officer of the authority which

imposed the financial penalty, and

(b)

states that the amount due has not been received by a

date specified in the certificate,

is conclusive evidence of that fact.

(4)

A certificate to that effect and purporting to be so signed is to be

treated as being so signed unless the contrary is proved.

(5)

In this paragraph “chief finance officer” has the same meaning

as in section 5 of the Local Government and Housing Act 1989.

Proceeds of financial penalties

Where a local housing authority imposes a financial penalty under

section 6A , 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 Part 1 of this Act, the Renters' Rights Act 2024 or otherwise

in relation to the private rented sector.

Any proceeds of a financial penalty imposed under section 6A which

are not applied in accordance with paragraph 12 must be paid to the

Secretary of State.

(1)

In paragraph 12 , the reference to enforcement functions “in

relation to the private rented sector” means enforcement functions

relating to—

(a)

residential premises in England that are let, or intended

to be let, under a tenancy,

(b)

the common parts of such premises,

(c)

the activities of a landlord under a tenancy of residential

premises in England,

(d)

the activities of a superior landlord in relation to such a

tenancy,

(e)

the activities of a person carrying on English letting agency

work within the meaning of section 54 of the Housing

and Planning Act 2016 in relation to such premises, or

(f)

the activities of a person carrying on English property

management work within the meaning of section 55 of

the Housing and Planning Act 2016 in relation to such

premises.

(2)

For the purposes of this paragraph “residential premises” does

not include social housing.

(3)

For the purposes of this paragraph “tenancy” includes a licence

to occupy.”

(1)

Schedule 1 (procedure and appeals relating to improvement notices) is

amended as follows.

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(2)

Before paragraph 1 insert—

“Service of improvement notices: qualifying residential premises which fail to meet

type 1 and 2 requirements

(1)

This paragraph applies instead of paragraphs 1 to 3 where—

(a)

the specified premises are qualifying residential premises

by virtue of section 2B (1) (a) , (b) or (c) , and

(b)

an improvement notice relates to a failure by the premises

to meet a requirement specified by regulations under

section 2A (whether or not the notice also relates to a

category 1 or 2 hazard).

(2)

Where the premises are let under a relevant tenancy, or are an

HMO where at least one unit of accommodation which forms

part of the HMO is let under a relevant tenancy, the notice must

be served on the landlord under the tenancy unless—

(a)

the tenancy is a sub-tenancy, in which case the notice may

instead be served on a superior landlord in relation to the

tenancy if, in the opinion of the local housing authority,

the superior landlord ought to take the action specified

in the notice;

(b)

the premises are a dwelling which is licensed under Part

3 of this Act, or an HMO which is licensed under Part 2

or 3 of this Act, in which case the notice may instead be

served on the holder of the licence if, in the opinion of

the local housing authority, the holder ought to take the

action specified in the notice.

(3)

Where sub-paragraph (2) does not apply in relation to the

premises and—

(a)

the premises are supported exempt accommodation, the

notice must be served on the authority or body which

provides the accommodation;

(b)

the premises are accommodation falling within paragraph

(e) of the definition of “residential premises” in section

1(4) (homelessness), the notice must be served on any

person who has an estate or interest in the premises and

who, in the opinion the local housing authority, ought to

take the action specified in the notice.”

(3)

In paragraph 5 (1) , for “1 to” substitute “A1 to”.

(4)

In paragraph 12 —

(a)

in sub-paragraph (1) , after “hazard” insert “or failure”, and

(b)

in sub-paragraph (2) (b) , for “a hazard” substitute “an”.

(5)

In paragraph 17 , after “hazard” (in each place) insert “or failure”.

(1)

Schedule 2 (procedure and appeals relating to prohibition orders) is

amended as follows.

Page 203

(2)

In paragraph 1 —

(a)

after sub-paragraph (2) insert—

“(2A)

Where the specified premises are qualifying residential

premises which—

(a)

are let under a relevant tenancy, or

(b)

are an HMO where at least one unit of

accommodation which forms part of the HMO is

let on a relevant tenancy,

the authority must also serve copies of the order on any

other person who, to their knowledge, is the landlord

under the tenancy or a superior landlord in relation to

the tenancy.”, and

(b)

in sub-paragraph (3) , after “(2)” insert “or (2A)”.

(3)

In paragraph 2 —

(a)

for sub-paragraph (1) substitute—

“(1)

This paragraph applies to a prohibition order where the

specified premises consist of or include—

(a)

the whole or any part of a building containing—

(i)

one or more flats, or

(ii)

accommodation falling within paragraph

(e) of the definition of “residential

premises” in section 1(4) (homelessness)

that is not a dwelling, HMO or flat, or

(b)

any common parts of such a building.”

(b)

after sub-paragraph (2) insert—

“(2A)

Where the specified premises consist of or include

qualifying residential premises which—

(a)

are let under a relevant tenancy, or

(b)

are an HMO where at least one unit of

accommodation which forms part of the HMO is

let on a relevant tenancy,

the authority must also serve copies of the order on any

other person who, to their knowledge, is the landlord

under the tenancy or a superior landlord in relation to

the tenancy.”,

(c)

in sub-paragraph (3) , after “(2)” insert “or (2A)”, and

(d)

in sub-paragraph (4) , after “(2)” insert “, (2A)”.

(4)

In paragraph 8 —

(a)

in sub-paragraph (1) , after “hazard” insert “or failure”, and

(b)

in sub-paragraph (2) (b) , for “a hazard” substitute “an”.

(5)

In paragraph 12 , after “hazard” (in each place) insert “or failure”.

(6)

In paragraph 16 (1) —

Page 204

(a)

omit the “or” at the end of paragraph (b) , and

(b)

at the end of paragraph (c) insert “, or

“(d)

in the case of qualifying residential premises which—

(i)

are let under a relevant tenancy, or

(ii)

are an HMO where at least one unit of

accommodation which forms part of the HMO

is let on a relevant tenancy,

any person on whom copies of the improvement

notice are required to be served by paragraph 1 (2A)

or 2 (2A) .”

(1)

Schedule 3 (improvement notices: enforcement action by local housing

authorities) is amended as follows.

(2)

In paragraph 3 , after “hazard” (in each place) insert “or failure”.

(3)

In paragraph 4 , after “hazard” (in both places) insert “or failure”.

Part 2

Amendments of other Acts

Land Compensation Act 1973

(1)

Section 33D of the Land Compensation Act 1973 (loss payments: exclusions)

is amended as follows.

(2)

In subsection (4)—

(a)

in paragraph (b) , after “hazard” insert “or type 1 requirement”, and

(b)

in paragraph (c) , after “hazard” insert “or type 2 requirement”.

(3)

In subsection (5)—

(a)

in paragraph (a) , after “hazard” insert “or type 1 requirement”, and

(b)

in paragraph (b) , after “hazard” insert “or type 2 requirement”.

Housing Act 1985

In section 269A of the Housing Act 1985 (appeals suggesting certain other

courses of action), in subsection (2)(c), for “a hazard” substitute “an”.

Housing and Regeneration Act 2008

In section 126B of the Housing and Regeneration Act 2008 (functions of

health and safety lead), in subsection (3)(b)(ii), after “hazards” insert “and

type 1 and 2 requirements”.

Deregulation Act 2015

In section 33(13) of the Deregulation Act 2015 (preventing retaliatory

eviction: definitions), in the definition of “relevant notice”—

Page 205

(a)

in paragraph (a) , after “hazards” insert “and type 1 requirements”,

and

(b)

in paragraph (b) , after “hazards” insert “and type 2 requirements”.

Housing and Planning Act 2016

In section 40(4) of the Housing and Planning Act 2016 (offences under

sections 30(1) and 32(1) of the Housing Act 2004), after “on” insert “, or a

failure to meet a requirement by,”.

Tenant Fees Act 2019

In Schedule 3 to the Tenant Fees Act 2019 (financial penalties), in paragraph

12(1), after paragraph (c) insert—

“(ca)

the activities of a superior landlord in relation to such a

tenancy,”.

Schedule 5

Section 99

Financial penalties

Notice of intent

Before imposing a financial penalty on a person under section 39 , 56 , 64

or 89 , a local housing authority must give the person notice of its proposal

to do so (a “notice of intent”).

(1)

The notice of intent must be given before the end of the period of 6 months

beginning with the first day on which the authority has sufficient evidence

of the conduct to which the financial penalty relates.

(2)

But if the person is continuing to engage in the conduct on that day, and

the conduct continues beyond the end of that day, the notice of intent may

be given—

(a)

at any time when the conduct is continuing, or

(b)

within the period of 6 months beginning with the last day on which

the conduct occurs.

The notice of intent must set out—

(a)

the date on which the notice of intent is given,

(b)

the amount of the proposed financial penalty,

(c)

the reasons for proposing to impose the penalty, and

(d)

information about the right to make representations under paragraph

4 .

Page 206

Right to make representations

(1)

A person who is given a notice of intent may make written representations

to the authority about the proposal to impose a financial penalty.

(2)

Any representations must be made within the period of 28 days beginning

with the day after the day on which the notice of intent was given to the

person (“the period for representations”).

Final notice

After the end of the period for representations the enforcement authority

must—

(a)

decide whether to impose a financial penalty on the person, and

(b)

if it decides to do so, decide the amount of the penalty.

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—

(a)

the date on which the final notice is given,

(b)

the amount of the financial penalty,

(c)

the reasons for imposing the penalty,

(d)

information about how to pay the penalty,

(e)

the period for payment of the penalty,

(f)

information about rights of appeal, and

(g)

the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

(1)

A local housing authority may at any time—

(a)

withdraw a notice of intent or final notice, or

(b)

reduce an amount specified in a notice of intent or final notice.

(2)

The power in sub-paragraph (1) is to be exercised by giving notice in

writing to the person to whom the notice was given.

Appeals

(1)

A person to whom a final notice is given may appeal to the First-tier

Tribunal against—

(a)

the decision to impose the penalty, or

(b)

the amount of the penalty.

(2)

An appeal under this paragraph must be brought within the period of 28

days beginning with the day after that on which the final notice is given

to the person.

Page 207

(3)

If a person appeals under this paragraph, the final notice is suspended

until the appeal is finally determined, withdrawn or abandoned.

(4)

An appeal under this paragraph—

(a)

is to be a re-hearing of the authority’s decision, but

(b)

may be determined having regard to matters of which the authority

was unaware.

(5)

On an appeal under this paragraph the First-tier Tribunal may quash,

confirm or vary the final notice.

(6)

The final notice may not be varied under sub-paragraph (5) so as to impose

a financial penalty of more than the local housing authority could have

imposed.

Recovery of financial penalty

(1)

This paragraph applies if a person fails to pay the whole or any part of a

financial penalty which, in accordance with this Schedule, the person is

liable to pay.

(2)

The local housing authority which imposed the financial penalty may

recover the penalty or part on the order of the county court as if it were

payable under an order of that court.

(3)

In proceedings before the county court for the recovery of a financial penalty

or part of a financial penalty, a certificate which is—

(a)

signed by the chief finance officer of the authority which imposed

the penalty, and

(b)

states that the amount due has not been received by a date specified

in the certificate,

is conclusive evidence of that fact.

(4)

A certificate to that effect and purporting to be so signed is to be treated

as being so signed unless the contrary is proved.

(5)

In this paragraph “chief finance officer” has the same meaning as in section

5 of the Local Government and Housing Act 1989.

Proceeds of financial penalties

Where a local housing authority imposes a financial penalty under section

39 , 56 , 64 or 89 , 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.

Any proceeds of a financial penalty imposed under section 39 , 56 , 64 or 89 which

are not applied in accordance with paragraph 12 must be paid to the Secretary of

State.

(1)

In paragraph 12 , enforcement functions “in relation to the private rented

sector” means enforcement functions relating to—

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(a)

residential premises in England that are let, or intended to be let,

under a tenancy,

(b)

the common parts of such premises,

(c)

the activities of a landlord under a tenancy of residential premises

in England,

(d)

the activities of a superior landlord in relation to such a tenancy,

(e)

the activities of a person carrying on English letting agency work

within the meaning of section 54 of the Housing and Planning Act

2016 in relation to such premises, or

(f)

the activities of a person carrying on English property management

work within the meaning of section 55 of the Housing and Planning

Act 2016 in relation to such premises.

(2)

For the purposes of this paragraph “residential premises” has the meaning

given by section 1 of the Housing Act 2004 except that it does not include

social housing within the meaning of Part 2 of the Housing and

Regeneration Act 2008.

(3)

For the purposes of this paragraph, “tenancy” includes a licence to occupy.

Schedule 6

Section 143 (2)

Application of Chapter 1 of Part 1 to existing tenancies: transitional

provision

Tenancies which become periodic on the commencement date

(1)

This paragraph applies to an existing tenancy which becomes a periodic

tenancy on the expiry of a fixed term.

(2)

Where the fixed term expires immediately before the commencement date,

the amendments made by Chapter 1 of Part 1 do not apply in relation to

the tenancy until immediately after the first periodic term has begun.

Section

In relation to an existing tenancy, section 4A of the 1988 Act (inserted by

section 1 ) is to be read as if—

(a)

in subsection (3) , for the words before paragraph (a) , there were

substituted “Terms of an assured tenancy which provide for the

rent periods are of no effect, so far as relating to rent periods

beginning on or after the commencement date (within the meaning

given by section 143 of the Renters' Rights Act 2024), unless each

rent period beginning on or after that date is—”;

(b)

in subsection (5) , for paragraph (a) (and the “and” following it) there

were substituted—

“(a)

for successive rent periods of one month beginning—

Page 209

(i)

if the commencement date is a date on which

a rent period would, but for subsection (3)

, have begun, with the commencement date, or

(ii)

otherwise, with the day after the last day of

the rent period within which the

commencement date falls, and”;

(c)

in subsection (6) , for “R is the rent that would have been due for

the first rent period of the tenancy under the terms that are of no

effect by virtue of subsection (3) ” there were substituted “R is the

rent due for the rent period before the first rent period provided

for by subsection (5) (a) ”.

Section

given prior to commencement date

(1)

Where, immediately before the commencement date, proceedings for an

order for possession under section 21 of the 1988 Act in reliance on a valid

notice given under that section of that Act (“possession proceedings”) have

been commenced in relation to an assured shorthold tenancy and have not

been concluded, or have not been commenced but have not become

time-barred—

(a)

the notice remains valid until proceedings in reliance on the notice

become time-barred or are concluded, and

(b)

the amendments made by Chapter 1 of Part 1 do not apply in

relation to the tenancy until the notice ceases to be valid by virtue

of paragraph (a) (and accordingly the tenancy remains an assured

shorthold tenancy until then).

(2)

In relation to possession proceedings that have not been commenced

immediately before the commencement date, section 21 of the 1988 Act has

effect as if the following were substituted for subsections (4D) and (4E)—

“(4D)

Subject to subsection (4E), proceedings for an order for possession

under this section in relation to a dwelling-house in England may

not be begun after the end of the applicable period.

(4DA)

For that purpose the “applicable period” is—

(a)

the period of six months beginning with the date on which

the notice was given under subsection (1) or (4), or

(b)

the period of three months beginning with the

commencement date, if this three month period ends before

the six month period mentioned in paragraph (a).

(4E)

Where—

(a)

a notice under subsection (4) has been given in relation to

a dwelling-house in England, and

(b)

paragraph (b) of that subsection requires the date specified

in the notice to be more than two months after the date the

notice was given,

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proceedings for an order for possession under this section may not

be begun after the end of the applicable period.

(4EA)

For that purpose the “applicable period” is—

(a)

the period of four months beginning with the date specified

in the notice, or

(b)

the period of three months beginning with the

commencement date, if this three month period ends before

the four month period mentioned in paragraph (a).

(4EB)

In subsections (4DA) and (4EA) “commencement date” has the

meaning given by section 143 of the Renters' Rights Act 2024.

(3)

In this paragraph “time-barred” means prohibited by section 21(4D) and

(4DA) or section 21(4E) and (4EA) (as set out in sub-paragraph (2)).

(4)

In relation to a tenancy to which sub-paragraph (1) (b) applies, section 143 (3)

(except in its application to this paragraph) has effect as if the following

were substituted for the definition of “commencement date”—

““commencement date” means the date on which, by virtue of paragraph

3 of Schedule 6 , the amendments made by Chapter 1 of Part 1 apply

in relation to a tenancy;”.

Section

commencement date

Section 7(7) of the 1988 Act continues to apply after the commencement

date, despite section 4 (2) (g) , in relation to an existing tenancy that was a

fixed term tenancy before the commencement date.

Section

The amendments made by section 7 do not affect the validity of any increase

in rent under an existing tenancy, before the commencement date, in reliance

on a provision—

(a)

which was at the time binding on the tenant, and

(b)

under which the rent for a particular period of the tenancy would

or might be greater than the rent for an earlier period.

Sections

(1)

Where an existing tenancy is wholly or partly in writing—

(a)

section 16D and 16E (1) (f) of the 1988 Act (inserted by sections 12

and 13 ) do not apply;

(b)

section 16I (1) of that Act (inserted by section 15 ) is to be read as if

for “contravened section 16I (1) ” there were substituted “contravened

paragraph 6 (2) of Schedule 6 to the Renters' Rights Act 2024”.

(2)

The landlord under any existing tenancy that is wholly or partly in

writing—

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(a)

must give the tenant any information in writing about the changes

made by this Act which is required to be given by regulations made

by the Secretary of State; and

(b)

must do so before the end of the period of one month beginning

with the commencement date.

(3)

Where a landlord referred to in sub-paragraph (2) has entered into a contract

with a person which requires that person to ensure compliance with that

sub-paragraph (whether or not it is referred to individually), sub-paragraph

(2) also applies to that person, as it applies to the landlord.

(4)

Regulations under sub-paragraph (2) may—

(a)

provide for the information to be given in the form of a document

produced by the Secretary of State;

(b)

provide that the document to be given is the version that has effect

at the time the requirement applies.

(5)

Where an existing tenancy is wholly oral, section 16D (4) of the 1988 Act

(inserted by section 12 ) is to be read as if, for “before the tenancy is entered

into” there were substituted “before the end of the period of one month

beginning with the commencement date (within the meaning given by

section 143 of the Renters' Rights Act 2024)”.

(6)

Regulations under sub-paragraph (2) —

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(7)

A statutory instrument containing regulations under sub-paragraph (2) is

subject to annulment in pursuance of a resolution of either House of

Parliament.

Section

Conduct engaged in, in relation to an existing tenancy, before the

commencement date—

(a)

does not give rise to liability to a financial penalty under section

16I or 16K of the 1988 Act (inserted by section 15 ), and

(b)

does not constitute an offence under section 16J (as so inserted).

Section

The amendment made by section 19 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.

Section

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,

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as a tenancy in relation to which an opt-out notice has been served under

section 24A of the 1988 Act (inserted by section 23 of this Act).

Section

The amendments made by section 25 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.

Section 26 : tenant fees

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.

Schedule 1: student accommodation ground

In relation to an existing tenancy, ground 4A in Schedule 2 to the 1988 Act

has effect as if—

(a)

in the first paragraph, the following were substituted for paragraphs

(b) and (c)—

“(b)

either or both of the following applies—

(i)

the tenant met the student test when the

tenancy was entered into;

(ii)

the tenant meets the student test when the

written statement referred to in paragraph (c)

is given,

(c)

the landlord or, in the case of joint landlords, at least

one of them, gives the tenant, before the end of the

period of one month beginning with the

commencement date (within the meaning given by

section 143 of the Renters' Rights Act 2024), a written

statement of the landlord’s wish to be able to recover

possession on the basis that—

(i)

the condition in paragraph (b) is met, and

(ii)

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,”;

(b)

the following were substituted for the second and third paragraphs—

“For the purposes of the conditions in paragraphs (b), (c)

and (e), a tenant meets, or met, the student test at a particular

time if—

(a)

the tenant is, or was, a full-time student at that time,

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(b)

at that time, the landlord reasonably believes, or

believed, 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,

or were, the tenant, the tenant does not, or did not, meet

the student test unless all of those persons meet, or met, that

test.”

Schedule 1: stepping stone accommodation ground

In relation to an existing tenancy, paragraph (b) in Ground 5H in Schedule

2 to the 1988 Act is to be read as if after “agreement” there were inserted

“or a written statement given to the tenant before the commencement date

(within the meaning given by section 143 of the Renters' Rights Act 2024)”.

Schedule 1: redevelopment ground

In relation to an existing tenancy, paragraph (ab) 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 143 of the Renters' Rights Act 2024)”.

Existing tenancies subject to possession notice

(1)

Where, immediately before the commencement date, 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 (“possession proceedings”) have

been commenced in relation to an existing tenancy and have not been

concluded, or have not been commenced but have not become time-barred—

(a)

the notice remains valid until proceedings in reliance on the notice

become time-barred or are concluded, and

(b)

the amendments made by Chapter 1 of Part 1 do not apply in

relation to the tenancy until the notice ceases to be valid by virtue

of paragraph (a) .

(2)

Possession proceedings may not be begun after the end of the applicable

period.

(3)

For that purpose the “applicable period” is—

(a)

the period of twelve months included in the notice under section 8

of the 1988 Act in accordance with subsection (3)(c) of that section,

(b)

the period of three months beginning with the commencement date,

if this three month period ends before the twelve month period

mentioned in paragraph (a).

(4)

In this paragraph “time-barred” means prohibited by sub-paragraph (2) .

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(5)

In relation to a tenancy to which sub-paragraph (1) (b) applies, section 143 (3)

(except in its application to this paragraph) has effect as if the following

were substituted for the definition of “commencement date”—

““commencement date” means the date on which, by virtue of paragraph

15 of Schedule 6 , the amendments made by Chapter 1 of Part 1

apply in relation to a tenancy;”.

Interpretation

In this Schedule “commencement date” and “existing tenancy” have the

meanings given by section 143 .

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