Renters' Rights Bill

A Bill to make provision changing the law about rented homes, including provision abolishing fixed term assured tenancies and assured shorthold tenancies; imposing obligations on landlords and others in relation to rented homes and temporary and supported accommodation; and for connected purposes.


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Page 1

Part 1

 

Tenancy reform

 

Chapter 1

 

Assured tenancies

 

End of certain kinds of assured tenancy

5
"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.

1
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—
10
 
(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
15
 
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
 
(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—
10
 
(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
15
 
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.
20
 
(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
25
 
successive periods of one month, disregarding any provision for the
 
 
first period to be a different period not exceeding 30 days.”
 
"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.

2
Abolition of assured shorthold tenancies
 
 
In the 1988 Act—
 
 
(a)
omit section 6A (demotion to assured shorthold tenancy because of
30
 
anti-social behaviour);
 
 
(b)
omit Chapter 2 of Part 1 (assured shorthold tenancies).
 
"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.

3
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—
35
 
(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
5
 
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—
10
 
(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
15
 
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.
20
 
(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) ,
25
 
(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
30
 
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.
35
 
(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
40
 
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)
5
 
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
10
 
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;
15
 
“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—
20
 
(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—
25
 
(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

30
"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.

4
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
35
 
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
5
 
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—
10
 
(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
15
 
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
20
 
(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—
25
 
“(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
30
 
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
35
 
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.
40
 
(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”;
5
 
(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
10
 
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
15
 
date of service of the notice
15
 
5, 5A, 5B, 5C, 5D, 5H, 7,
 
 
two months beginning with the
 
 
9
 
 
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,
20
 
two weeks beginning with the
20
 
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
25
 
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.”;
30
 
(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
35
 
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
5
 
read in accordance with paragraph 12 (2) of that Schedule.”
 
"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.

5
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
10
 
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
15
 
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
20
 
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).”
 
"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.

6
Form of notice of proceedings for possession
25
 
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.”
30

Rent and other terms

 
"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.

7
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
35
 
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”;
5
 
(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 “,
10
 
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
15
 
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—
20
 
“(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,
25
 
(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
30
 
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
35
 
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.
40
 
(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.
5
 
(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
10
 
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
15
 
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,
20
 
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
25
 
(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
30
 
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;
35
 
(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
40
 
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
5
 
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
10
 
(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
15
 
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
20
 
served on the tenant under section 13(2) or 13A(2) is valid.”
 
"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.

8
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”.
25
 
(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—
30
 
(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
35
 
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;
5
 
(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
10
 
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)—
15
 
(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”.
20
 
(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”.
25
 
(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
30
 
(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
35
 
(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
5
 
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);
10
 
“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
15
 
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.
20
 
(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,
25
 
(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)
30
 
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—
35
 
(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) ;
40

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.
5
"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.

9
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
10
 
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.”
 
"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.

10
Right to request permission to keep a pet
 
 
(1)
In the 1988 Act, after section 16 insert—
15
“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
20
 
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) .
25
 
(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
30
 
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—
35
 
(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.
5
 
(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
10
 
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
15
 
(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.
20
 
(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—
25
 
(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
30
 
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
35
 
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
5
 
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
10
 
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
15
 
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
20
 
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
25
 
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.”
30
 
(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
35
 
(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
40
 
2 of Schedule 2, or
 
 
(b)
any of the landlord’s property that is in those places;”
 

Page 16

"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.

11
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
5
 
“(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
10
 
12
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

 
"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.

12
Duty of landlord and contractor to give statement of terms etc
15
 
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
20
 
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
25
 
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
30
 
Secretary of State—
 
 
(i)
the tenancy;
 
 
(ii)
the dwelling-house let on the tenancy;
 
 
(iii)
the tenant;
 
 
(iv)
the landlord;
35
 
(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
5
 
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
10
 
(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
15
 
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.
20
 
(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
25
 
Parliament.”
 
"Other duties"

Source Bill 008 EN 2024-25

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

13
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—
30
 
(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
35
 
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
40

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
5
 
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—
10
 
(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—
15
 
(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
20
 
(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
25
 
(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
30
 
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
35
 
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—
40
 
(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;
5
 
(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
10
 
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.
15
 
(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
20
 
(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
25
 
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
30
 
(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
35
 
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
40
 
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
5
 
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.
10
 
(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;
15
 
(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.”
 
14
Landlords acting through others
20
 
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.”
25

Landlords etc: financial penalties and offences

 
15
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
30
 
(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—
35
 
(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
5
 
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
10
 
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
15
 
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.
20
 
(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.
25
 
(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
30
 
(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
35
 
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—
40
 
(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
5
 
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
 
(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
15
 
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
20
 
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
25
 
(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
30
 
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
35
 
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
40
 
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—
5
 
(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
10
 
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
15
 
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
20
 
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
25
 
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
30
 
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
35
 
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.
40
 
(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
5
 
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
10
 
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
15
 
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
20
 
(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
25
 
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
30
 
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
35
 
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
5
 
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
10
 
financial penalties under sections 16I and 16K .”
 
16
Financial penalties: procedure, appeals and enforcement
 
 
In the 1988 Act, after Schedule 2 insert—
 
 
“Schedule 2ZA
section 16L
 
 
Financial penalties under sections
15
 
Notice of intent
 
 
1
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”).
 
 
2
(1)
The notice of intent must be given before the end of the period of
20
 
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
25
 
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.
 
 
3
The notice of intent must set out—
30
 
(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
35
 
paragraph 4 .
 

Page 26

 
Right to make representations
 
 
4
(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
5
 
beginning with the day after that on which the notice was given
 
 
(“the period for representations”).
 
 
Final notice
 
 
5
After the end of the period for representations the local housing
 
 
authority must—
10
 
(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.
 
 
6
If the authority decides to impose a financial penalty on the person,
15
 
it must give the person a notice (a “final notice”) imposing that
 
 
penalty.
 
 
7
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.
20
 
8
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,
25
 
(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
 
 
9
(1)
A local housing authority may at any time—
30
 
(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.
35
 
Appeals
 
 
10
(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.
5
 
(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,
10
 
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.
15
 
(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
 
 
11
(1)
This paragraph applies if a person fails to pay the whole or any
20
 
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.
25
 
(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
30
 
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
35
 
in section 5 of the Local Government and Housing Act 1989.
 
 
Proceeds of financial penalties
 
 
12
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
40

Page 28

 
with, carrying out any of its enforcement functions under this Act
 
 
or otherwise in relation to the private rented sector.
 
 
13
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.
5
 
14
(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,
10
 
(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
15
 
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.
20
 
(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
25
 
occupy.”
 

Landlords etc: supplementary

 
17
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
30
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—
35
 
(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;
5
 
“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
10
 
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—
15
 
(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
20
 
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
25
 
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) .
30
 
(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
35
 
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;
40
 
(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.
45

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
5
 
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
10
 
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
15
 
(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
20
 
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;
25
 
(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.”
 
18
No criminal liability of the Crown under Part 1 of 1988 Act
30
 
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—
35
 
“(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
40
 
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
5
 
(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
10
 
(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

15
19
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).”
20
 
(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
25
 
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;
30
 
(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

20
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
5
 
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
10
 
may be withdrawn before the date on which it takes effect by the
 
 
tenant and landlord agreeing in writing to the withdrawal.”
 
21
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
15
 
registered provider of social housing,”;
 
 
(b)
in the heading, for “in certain cases” substitute “by private registered
 
 
providers of social housing”.
 
22
Assured agricultural occupancies: grounds for possession
 
 
In section 25 of the 1988 Act (security of tenure in relation to assured
20
 
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”.
25
23
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
30
 
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—
5
 
(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) ).
10
 
(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,
15
 
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
20
 
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.”
 
24
Accommodation for homeless people: duties of local authority
 
 
(1)
The Housing Act 1996 is amended as follows.
25
 
(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);
30
 
(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.
35
 
(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

25
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”;
5
 
(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
10
 
(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”;
15
 
(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”;
20
 
(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
25
 
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
30
 
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—
35
“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.
40

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
5
 
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
10
 
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—
15
 
(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
20
 
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
25
 
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
30
 
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).
35
 
(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;
40
 
“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).”
5
 
(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”;
10
 
(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”;
15
 
(b)
for “a shorthold tenancy”, in each place it occurs, substitute “an assured
 
 
tenancy”.
 
26
Tenant fees
 
 
(1)
The Tenant Fees Act 2019 is amended as follows.
 
 
(2)
Omit section 17.
20
 
(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);”;
25
 
(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
30
 
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

 
27
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”;
5
 
(b)
after “more” insert “or a tenancy that is or was previously an assured
 
 
tenancy within the meaning of the Housing Act 1988”.
 
28
Other amendments
 
 
Schedule 2 contains amendments relating to this Chapter.
 

Powers of Secretary of State

10
29
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
15
 
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
20
 
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
25
 
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
30
 
(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).
35
 
(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
5
 
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
10
 
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
15
 
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,
 
 
or
20
 
(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.
25
 
(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—
30
 
“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

 
30
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—
5
 
“Fixed term tenancies of more than seven years
 
 
3D
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”.
10
 
(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
15
 
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—
20
 
“(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—
25
 
(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.”;
30
 
(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
35
 
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
5
 
(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.
 
 
31
Accommodation for homeless people under section 199A of Housing Act
10

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

15

Discrimination in the rental market: England

 

Discrimination and discriminatory terms: children and benefits status

 
32
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—
20
 
(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,
25
 
(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
30
 
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
35
 
(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
5
 
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—
10
 
(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
15
 
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
20
 
Secretary of State.
 
33
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
25
 
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
30
 
(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
35
 
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
40
 
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—
5
 
(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
10
 
(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.
 
34
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
15
 
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,
20
 
or
 
 
(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
25
 
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
30
 
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
35
 
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,
40
 
and the provision in the tenancy is a means of preventing the insured from
 
 
breaching that term.
 

Page 43

35
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
5
 
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—
10
 
(a)
the provision 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 37 does not apply, and
15
 
(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,
20
 
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
25
 
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)
30
 
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—
35
 
(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

36
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
5
 
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
10
 
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.
 
37
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
15
 
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
20
 
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
25
 
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

30
38
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
35
 
(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.
40

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
5
 
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
10
 
(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
15
 
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
20
 
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
25
 
(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).
30
 
(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;
35
 
(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
40
 
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.
5
 
(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

10
39
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
15
 
(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
20
 
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,
25
 
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) .
30
 
(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
35
 
(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
40
 
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)
5
 
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
10
 
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 .
15
 
(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 —
20
 
(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

 
40
No prohibition on taking income into account
25
 
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.
 
41
Interpretation of Chapter 3
 
 
(1)
In this Chapter—
30
 
“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
35
 
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
5
 
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
10
 
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;
15
 
“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;
20
 
“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;
25
 
(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
30
 
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.
35

Chapter 4

 

Discrimination in the rental market: Wales

 

Prohibitions of discrimination

 
42
Discrimination relating to children or benefits status: Welsh language
 
 
(1)
The Welsh language text of the Renting Homes (Fees etc.) (Wales) Act 2019
40
 
(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
5
 
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
10
8A
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
15
 
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
20
 
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
25
 
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
30
 
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
35
 
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
40
 
ei gwneud yn ofynnol i’r landlord gyfyngu’r amgylchiadau lle
 
 
caniateir i ddeiliad contract wneud hynny,
 

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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.
 
8B
Gwahardd gwahaniaethu yn ymwneud â statws o ran budd-daliadau
5
 
(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,
10
 
(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
15
 
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
20
 
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—
25
 
(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
30
 
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.
 
8C
Eithriad ar gyfer cyhoeddi hysbysiadau etc
 
 
Nid yw ymddygiad yn gyfystyr a throsedd o dan adran 8A(1) nac
35
 
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;
40

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(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
5
 
(b)
pethau o ddisgrifiad, neu bethau a wneir gan berson o
 
 
ddisgrifiad, a bennir at ddibenion yr adran hon mewn
 
 
rheoliadau.
 
8D
Parhau i dorri gwaharddiad ar ôl cosb benodedig
 
 
(1)
Mae person yn cyflawni trosedd—
10
 
(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
15
 
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.
 
8E
Ailadrodd tor gwaharddiad ar ôl cosb benodedig
20
 
(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
25
 
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.
 
 
8F
Telerau mewn uwchlesau yn ymwneud â phlant neu statws o ran
30
 
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—
35
 
(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,
 

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(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
5
 
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
10
 
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
15
 
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
20
 
(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
25
 
(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
30
 
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
35
 
neu ddisgrifiad o berson.
 
 
8G
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
40
 
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,
5
 
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
10
 
parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob
 
 
cyswllt arall).
 
 
8H
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
15
 
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
20
 
(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).
25
 
(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
30
 
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.
 
8I
Dim gwaharddiad ar roi ystyriaeth i incwm
35
 
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.
 
8J
Dehongli Rhan 2A
 
 
(1)
Yn y Rhan hon—
40

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
5
 
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
10
 
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
15
 
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
20
 
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
25
 
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
30
 
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
35
 
(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—
40
 
(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;
45
 
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—
5
 
“(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
10
 
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
15
 
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—”;
20
 
(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
25
 
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”.
30
 
(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
35
 
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;
 

Page 56

 
(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 ,”.
5
43
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
10
 
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—
15

Part 2A

 
 
Prohibition of discrimination
 
8A
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—
20
 
(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,
25
 
(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
30
 
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
35
 
proportionate means of achieving a legitimate aim.
 

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(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
5
 
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.
10
 
(4)
A person guilty of an offence under subsection (1) is liable on summary
 
 
conviction to a fine.
 
8B
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—
15
 
(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
20
 
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
25
 
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—
30
 
(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.
35
 
(3)
A person guilty of an offence under subsection (1) is liable on summary
 
 
conviction to a fine.
 
8C
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—
40

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
5
 
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
10
 
description, specified for the purposes of this section in
 
 
regulations.
 
8D
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
15
 
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
20
 
notice under section 13 was given.
 
 
(2)
A person guilty of an offence under subsection (1) is liable on summary
 
 
conviction to a fine.
 
8E
Repeated breach of prohibition after fixed penalty
 
 
(1)
A person commits an offence if—
25
 
(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
30
 
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.
 
8F
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
35
 
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—
5
 
(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
10
 
(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
15
 
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
20
 
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—
25
 
(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
30
 
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
35
 
or description of person.
 
8G
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—
40
 
(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
5
 
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).
 
8H
Terms in insurance contracts relating to children or benefits status
10
 
(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
15
 
(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).
20
 
(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
25
 
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.
 
8I
No prohibition on taking income into account
30
 
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.
 
8J
Interpretation of Part 2A
 
 
(1)
In this Part—
35
 
“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
40

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,
5
 
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
10
 
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
15
 
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
20
 
(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
25
 
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;
30
 
“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;
35
 
(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.”
40
 
(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—
45

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
5
 
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—
10
 
“(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
15
 
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—
20
 
“(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.”;
25
 
(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.”
30
 
(8)
In section 27(3) after “section 7,” insert “section 8C ,”.
 
44
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
35
 
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);
40

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
5
 
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—
10
 
(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”—
15
 
(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);
20
 
(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
25
 
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”;
30
 
(b)
in the English language text after “Fees” insert “, Discrimination”.
 

Discriminatory terms

 
45
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.
35
 
(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
5
 
(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
10
 
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—
15
 
(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
20
 
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
25
 
(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
30
 
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
35
 
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
5
 
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)
10
 
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—
15

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
20
 
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
25
 
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
30
 
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
35
 
circumstances in which the contract-holder may have such a
 
 
person live with or visit them at the dwelling.
 

Page 66

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.
5
 
(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
10
 
(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
15
 
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
20
 
L must not prohibit C-H from
20
 
claiming welfare benefits”.
 

Supplementary

 
46
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
25
 
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,
30
 
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
35
 
those people from—
 
 
(i)
enquiring whether relevant rental dwellings are available for
 
 
rent,
 
 
(ii)
accessing information about relevant rental dwellings,
 

Page 67

 
(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
5
 
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
10
 
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.
15
 
(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
20
 
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;
25
 
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
30
 
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;
35
 
(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;
40
 
(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.
 

Page 68

 
(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
5
 
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
10
 
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.
15
47
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 .
 
48
Regulations
 
 
Regulations under section 8C of the Renting Homes (Fees, Discrimination
20
 
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

25

Discrimination and discriminatory terms: children and benefits status

 
49
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).
 

Page 69

 
(2)
After section 6 insert—
 

Part 1A

 
 
Choice of tenant
 
6A
Offence of discriminating in relation to children
 
 
(1)
It is an offence for a relevant person to, in relation to a property that
5
 
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—
10
 
(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
15
 
(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—
20
 
(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
25
 
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—
30
 
(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
35
 
(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
40
 
scale.
 

Page 70

 
(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—
5
 
(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
10
 
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.
 
6B
Offence of discriminating in relation to benefits status
 
 
(1)
It is an offence for a relevant person to, in relation to a property that
15
 
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,
20
 
(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
25
 
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
30
 
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
35
 
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
40
 
communicate directly with a prospective landlord, or
 

Page 71

 
(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
5
 
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
10
 
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
15
 
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.
20
6C
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
25
 
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,
30
 
(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.
35
 
(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
40
 
(b)
it contains a term which makes provision (however expressed)
 
 
requiring the landlord—
 

Page 72

 
(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.
5
6D
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.
 
6E
Interpretation of Part 1A
10
 
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
15
 
(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),
20
 
“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,
25
 
(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,
30
 
“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,
35
 
“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.”
 

Page 73

 
(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
5
 
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),”.
10
 
(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
15
 
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.
20
 
(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
25
 
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—
30
 
(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—
35
 
(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.
40

Page 74

 
(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
5
 
(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),
10
 
“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,
15
 
(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.”
20
 
(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)—
25
 
(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—
30
 
(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
35
 
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
40
 
contracts relating to children or benefits status) does not apply
 
 
to it, and
 

Page 75

 
(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
5
 
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
10
 
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
15
 
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,
20
 
(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,
25
 
(h)
the Social Security (Scotland) Act 2018,
 
 
“child” means a person under the age of 18.”
 
50
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)
30
 
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.
35
 
(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.
 

Page 76

51
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
5
 
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
10
 
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.
15

Discrimination and discriminatory terms: power to protect others

 
52
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
20
 
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—
25
 
(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
30
 
Parliament.
 
53
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) .
35

Page 77

Supplementary

 
54
Interpretation of Chapter 5
 
 
In this Chapter—
 
 
“benefits claimant” means a person who—
 
 
(a)
is entitled to payments (including payments made directly to
5
 
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
10
 
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—
15
 
(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;
20
 
(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—
25
 
(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;
30
 
“tenant” includes sub-tenant.
 

Chapter 6

 

Stating the proposed rent and rental bidding

 
55
Requirement to state rent and to avoid rental bidding
 
 
(1)
This section applies to a letting of a dwelling (a “proposed letting”) if the
35
 
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—
 

Page 78

 
(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
5
 
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—
10
 
(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
15
 
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;
20
 
“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
25
 
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.
30
56
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—
35
 
(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
40
 
subsection of section 55,
 

Page 79

 
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
5
 
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
10
 
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
15
 
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).
20
 
(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
25
 
(b)
“final notice” has the meaning given by paragraph 6 of Schedule 5 .
 

Chapter 7

 

Miscellaneous

 
57
Penalties for unlawful eviction or harassment of occupier
 
 
(1)
The Protection from Eviction Act 1977 is amended as follows.
30
 
(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.”
 

Page 80

 
(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.
5
 
(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
10
 
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.
15
 
(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.
20
 
(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,
25
 
(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.
30
 
(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
35
 
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 81

 
(4)
Before Schedule 1 insert—
 
 
“Schedule A1
Section 1A
 
 
Financial penalty for offence under section 1
 
 
Notice of intent
 
 
1
Before imposing a financial penalty on a person under section 1A
5
 
a local housing authority must give the person notice of its proposal
 
 
to do so (a “notice of intent”).
 
 
2
(1)
The notice of intent must be given before the end of the period of
 
 
6 months beginning with the first day on which the authority has
 
 
sufficient evidence of the conduct to which the financial penalty
10
 
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
15
 
(b)
within the period of 6 months beginning with the last day
 
 
on which the conduct occurs.
 
 
3
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,
20
 
(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
25
 
4
(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
30
 
(“the period for representations”).
 
 
Final notice
 
 
5
After the end of the period for representations the local housing
 
 
authority must—
 
 
(a)
decide whether to impose a financial penalty on the person,
35
 
and
 
 
(b)
if it decides to impose a financial penalty, decide the amount
 
 
of the penalty.
 

Page 82

 
6
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.
 
 
7
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
5
 
notice was given.
 
 
8
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,
10
 
(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
15
 
9
(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
20
 
in writing to the person to whom the notice was given.
 
 
Appeals
 
 
10
(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
25
 
(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
30
 
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
35
 
(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.
 

Page 83

 
(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
 
 
11
(1)
This paragraph applies if a person fails to pay the whole or any
5
 
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.
10
 
(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
15
 
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
20
 
in section 5 of the Local Government and Housing Act 1989.
 
 
Proceeds of financial penalties
 
 
12
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
25
 
with, carrying out any of its enforcement functions under this Act
 
 
or otherwise in relation to the private rented sector.
 
 
13
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.
30
 
14
(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,
35
 
(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
40

Page 84

 
(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
5
 
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.”
 
58
Abandoned premises under assured shorthold tenancies
10
 
In the Housing and Planning Act 2016, omit Part 3 (recovering abandoned
 
 
premises under assured shorthold tenancies).
 
59
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
15
 
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
20
 
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);
25
 
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—
30
 
“(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—
35
 
(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;
 

Page 85

 
(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)
5
 
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);
10
 
(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
15
 
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
20
 
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”.
25
 
(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—
30
 
“(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—
35
 
“dwelling-house—
 
 
(in the provisions relating to remedying of hazards)
 
 
section 10A
 
 
(in the provisions relating to repairing obligations)
 
 
section 16”.
 

Page 86

 
60
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
5
 
(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
10
 
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.
15
 
(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
20
 
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
25
 
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
30
 
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;
35
 
(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—
40

Page 87

 
(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—
5
 
(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)—
10
 
(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
15
 
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
20
 
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;
25
 
(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
30
 
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—
35
 
(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
40
 
this section may not be made unless a draft of it has been laid before
 
 
and approved by resolution of each House of Parliament.”
 

Page 88

 
(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

5

Residential landlords

 

Chapter 1

 

Meaning of “residential landlord”

 
61
Meaning of “residential landlord”
 
 
(1)
In this Part—
10
 
“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
15
 
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
20
 
(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
25
 
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
30
 
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”—
35
 
(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
5
 
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
10
 
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.
15
 
(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.
20

Chapter 2

 

Landlord redress schemes

 

Landlord redress schemes

 
62
Landlord redress schemes
 
 
(1)
The Secretary of State may make regulations requiring a residential landlord
25
 
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,
30
 
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
35
 
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
 

Page 90

 
(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
5
 
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;
10
 
(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
15
 
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
20
 
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;
25
 
(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
30
 
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
35
 
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—
40
 
(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

63
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) .
5
 
(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,
10
 
(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
15
 
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,
20
 
(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
25
 
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,
30
 
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,
35
 
(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
40
 
(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,
 

Page 92

 
(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
5
 
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
10
 
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
15
 
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
20
 
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
25
 
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)
30
 
, 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;
35
 
(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
40
 
under those aspects of the scheme (including costs unconnected with the
 
 
member in question).
 
 
(9)
Regulations under this section may—
 

Page 93

 
(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.
5
 
(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
10
 
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,
15
 
(b)
voluntary mediation services, or
 
 
(c)
voluntary members;
 
 
and terms used in this definition have the meanings given by section
 
 
62 (7) .
 
64
Financial penalties
20
 
(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
25
 
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—
30
 
(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
35
 
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
40
 
to an offence under section 65 if—
 

Page 94

 
(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
5
 
(c)
criminal proceedings for an offence under that section in respect of
 
 
the conduct have been concluded and the person has not been
 
 
convicted.
 
 
(6)
The Secretary of State may give guidance to local housing authorities about
 
 
the exercise of their functions under this section.
10
 
(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 —
15
 
(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 .
 
65
Offences
 
 
(1)
A person commits an offence if—
20
 
(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
25
 
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—
30
 
(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
35
 
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
40
 
the penalty has not been withdrawn, or
 

Page 95

 
(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
5
 
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
10
 
(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.
15
 
(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
20
 
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
25
 
the body corporate.
 
 
66
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
30
 
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
35
 
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.
 

Page 96

67
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
5
 
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

 
68
Guidance for scheme administrator and local housing authority
 
 
(1)
The Secretary of State may from time to time issue or approve guidance for
10
 
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.
15
 
(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

 
69
Interpretation of
20
 
(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

25
70
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
30
 
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
35

Page 97

 
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,
5
 
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—
10
 
(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—
15
 
“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.
20
 
(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
25
 
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
30
 
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
35
 
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
40
 
ombudsman in the discharge of functions are to be appointed
 
 
and employed by the ombudsman.
 

Page 98

 
(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;
5
 
(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;
10
 
(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
15
 
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
20
 
13
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.”
 
71
Other amendments connected with landlord redress schemes
 
 
Schedule 3 contains amendments connected with landlord redress schemes.
25
 
72
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
30
 
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
35
 
scheme in respect of that action.”
 

Page 99

Chapter 3

 

The Private Rented Sector Database

 

The database and the database operator

 
73
The database
 
 
(1)
The database operator must establish and operate a database containing—
5
 
(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—
10
 
(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
15
 
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) ;
20
 
(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 .
 
74
The database operator
25
 
(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—
30
 
(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,
35
 
(b)
confer on the database operator powers to enter into contracts and
 
 
other agreements for the purpose of facilitating the operation of the
 
 
database,
 

Page 100

 
(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
5
 
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

 
75
Making entries in the database
10
 
(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,
15
 
(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
20
 
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
25
 
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.
30
76
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
35
 
is to be kept up-to-date,
 
 
(b)
require information or documents to be provided,
 
 
(c)
impose other requirements, and
 

Page 101

 
(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.
 
77
Circumstances in which active entries become inactive and vice versa
 
 
(1)
The Secretary of State may by regulations make provision about the
5
 
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
10
 
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
15
 
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 .
 
78
Verification, correction and removal of entries
 
 
(1)
The Secretary of State may by regulations make provision about—
20
 
(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
25
 
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
30
 
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.
35
79
Fees for landlord and dwelling entries
 
 
(1)
This section applies where regulations under section 75 or 77 require payment of a
 
 
fee .
 

Page 102

 
(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—
5
 
(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,
10
 
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.
15
 
(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.
20
 
(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

25
80
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
30
 
(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—
35
 
(a)
the person who will be the residential landlord if the tenancy is
 
 
granted, and
 
 
(b)
the dwelling.
 

Page 103

 
(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
5
 
(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
10
 
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
15
 
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.

 
81
Entries relating to banning orders, offences, financial penalties, etc.
20
 
(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
25
 
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—
30
 
(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
35
 
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) .
 

Page 104

 
(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
5
 
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
10
 
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
15
 
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,
20
 
(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
25
 
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
30
 
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
35
 
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
40
 
the entry relates.
 

Page 105

 
(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.
5
 
(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,
10
 
(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
15
 
(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
20
 
(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

25
82
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
30
 
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.
35
83
Other duties
 
 
(1)
The database operator must—
 

Page 106

 
(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
5
 
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
10
 
(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
15
 
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
20
 
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

 
84
Access to the database
25
 
(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,
30
 
(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
35
 
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
40
 
representations to the authority about any errors in information
 
 
contained in the entry, and
 

Page 107

 
(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
5
 
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
10
 
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.
15
85
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.
20
 
(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,
25
 
(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—
30
 
(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—
35
 
(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
40

Page 108

 
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
5
 
(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—
10
 
“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
15
 
(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,
20
 
(b)
can be deduced from the information, or
 
 
(c)
can be deduced from the information taken together with any other
 
 
information.
 
86
Use of information from the database
 
 
(1)
A lead enforcement authority may only use information obtained from the
25
 
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.
30
 
(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
35
 
authority’s functions relating to housing.
 

Page 109

Removal of entries

 
87
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.
5
 
(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
10
 
in subsection (2) , that subsection does not apply and the database operator
 
 
must remove the entry when the ban ends.
 

Enforcement

 
88
Restriction on gaining possession
 
 
(1)
In section 7 of the 1988 Act (orders for possession)—
15
 
(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
20
 
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
25
 
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.
30
89
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 .
35
 
(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—
 

Page 110

 
(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
5
 
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
10
 
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
15
 
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
20
 
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
25
 
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.
30
 
(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 .
 
90
Offences
35
 
(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—
40

Page 111

 
(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
5
 
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—
10
 
(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
15
 
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
20
 
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.
25
 
(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,
30
 
(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)
35
 
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
40
 
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
5
 
the body corporate.
 

Final provisions

 
91
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
10
 
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—
15
 
(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.
 
92
Entries under
20
 
(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.”
25
 
(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'
30
 
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)
35
 
applies.
 

Page 113

 
(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
5
 
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
10
 
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.
15
 
(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
20
 
tenancy, as defined for the purposes of that Part of that Act
 
 
(see section 97 (3) to (7) of that Act).”
 
93
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,
25
 
for example provision for or in relation to a single landlord entry in respect
 
 
of joint landlords.
 
94
Interpretation of
 
 
(1)
In this Chapter—
 
 
“database” means the database established under section 73 ;
30
 
“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) .
35
 
(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 .
 

Page 114

Chapter 4

 

Part 2: supplementary provision

 
95
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
5
 
under or by virtue of this Part.
 
96
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)—
10
 
(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
15
 
2B
 
 
section 16J (2)
 
 
Breach of restriction
 
 
on letting or
 
 
marketing
 
 
dwelling-house
 
 
2C
20
 
section 16J (3)
20
 
Tenancy reform:
20
 
continuing
 
 
breaches”;
 
 
(b)
at the end of the table in that subsection insert—
 
 
“8
 
 
Renters' Rights Act
 
 
section 65 (1)
 
 
Landlord redress
 
 
2024
25
 
schemes:
25
 
continuing breaches
 
 
9
 
 
section 90 (1)
 
 
Private rented
 
 
sector database:
 
 
provision of false
 
 
or misleading
30
 
information
 
 
10
 
 
section 90 (2) (but
 
 
Private rented
 
 
only if the penalty
 
 
sector database:
 
 
imposed relates to
 
 
continuing
 
 
a breach of a
35
 
breaches”.
35
 
requirement
 

Page 115

 
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—
5
 
“(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”.
10
 
(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”;
15
 
(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
20
 
“(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
25
 
(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
30
 
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)—
35
 
(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
 

Page 116

 
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
5
 
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—
10
 
“(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).”
 
97
Interpretation of Part 2
15
 
(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—
20
 
(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
25
 
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—
30
 
(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) —
35
 
(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;
40

Page 117

 
(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.
5

Part 3

 

Decent homes standard

 
98
Decent homes standard
 
 
(1)
The Housing Act 2004 is amended as follows.
 
 
(2)
In section 1 (new system for assessing housing conditions and enforcing
10
 
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
15
 
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
20
 
(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
25
 
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—
30
 
“Additional standards for certain housing in England
 
2A
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
35
 
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—
5
 
(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
10
 
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.
 
2B
Qualifying residential premises
15
 
(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,
20
 
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,
25
 
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
30
 
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.
35
 
(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
40
 
of Part 1 of that Act, or
 

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(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
5
 
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—
10
 
(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
15
 
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

20

Chapter 1

 

Sanctions

 
99
Financial penalties
 
 
Schedule 5 makes provision about—
 
 
(a)
the procedure for imposing a financial penalty under section 39 , 64
25
 
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.
30
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
35
 
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
5
 
(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—
10
 
“(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
15
 
(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
20
 
(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—
25
“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
30
 
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.”
35
 
(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
40

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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—
5
“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—
10
 
(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
15
 
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—
20
 
“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
25
 
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;
30
 
(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
35
 
(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
5
 
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—
10
 
(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)
15
 
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
20
 
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
25
 
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.”
30
 
(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) .
35
 
(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
40
 
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;
5
 
(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—
10
 
(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.
15
 
(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
20
 
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
25
 
(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)—
30
 
(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
35
 
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.”
40

Page 124

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.
5
 
(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
10
 
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
15
 
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
20
 
(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,
25
 
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
30
 
(“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
35
 
breach or offence unless the authority receives a notification under subsection
 
 
(2) .
 
 
(4)
Subsection (5) applies where—
 

Page 125

 
(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
 
(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.
10
 
(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”).
15
 
(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
20
 
(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)
25
 
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
30
 
(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
35
 
(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,
40

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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
5
 
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
10
 
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
15
 
(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—
20
 
(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.
25
 
(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
30
 
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
35
 
(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
5
 
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
10
 
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
15
 
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
20
 
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,
25
 
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
30
 
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
35
 
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
5
 
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.
10
 
(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)
15
 
, 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
20
 
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
25
 
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
30
 
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
35
 
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
40
 
the head of the lead enforcement authority to give special
 
 
authorisations within the meaning of section 123 , and
 
 
(b)
paragraph (b) (ii) were omitted.
 

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(9)
In this section “relevant local authority” has the same meaning as in section
 
 
109 .
 

Chapter 3

 

Investigatory powers

 

Investigatory powers under this Act

5
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
10
 
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
15
 
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)
20
 
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;
25
 
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
30
 
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.
35
 
(6)
The notice may require—
 

Page 130

 
(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
5
 
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
10
 
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
15
 
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
20
 
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
25
 
(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
30
 
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
35
 
given under this section.
 
 
(5)
The notice may specify—
 

Page 131

 
(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
5
 
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.
10
 
(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
15
 
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
20
 
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
25
 
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
30
 
(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,
35
 
(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.
 

Page 132

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
5
 
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
10
 
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
15
 
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
20
 
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.
25
 
(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)
30
 
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
35
 
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.
40

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
5
 
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
10
 
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
15
 
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)
20
 
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
25
 
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
30
 
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
35
 
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
5
 
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
10
 
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
15
 
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
20
 
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.
25
 
(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
30
 
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
35
 
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
5
 
(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
10
 
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
15
 
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.
20
 
(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.
25
 
(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
30
 
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
35
 
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
5
 
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.
10
 
(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
15
 
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
20
 
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,
25
 
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
30
 
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
35
 
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
40
 
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
5
 
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.
10
 
(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
15
 
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.
20
 
(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
25
 
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
30
 
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.
35
 
(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.
40

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'
5
 
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.
10
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
15
 
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 ,
20
 
(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
25
 
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
30
 
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
35
 
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—
40
 
(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
5
 
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
10
 
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
15
 
“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
20
 
(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
25
 
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
30
 
(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) .
35
 
(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—
5
 
(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
10
 
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—
15
 
(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
20
 
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
25
 
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
30
 
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.
35
 
(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.
40

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
5
 
(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
10
 
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
15
 
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 .
20
 
(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
25
 
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.
30
 
(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
35
 
(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
5
 
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
10
 
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) .
15
 
(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.
20
 
(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
25
 
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
30
 
(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
35
 
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.”
40

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—
5
 
“(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
10
 
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
15
 
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.”.
20
 
(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
25
 
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
30
 
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
35
 
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
5
 
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)—
10
 
(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,”;
15
 
(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—
20
 
“(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
25
 
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

30

General

 
134
Interpretation
 
 
In this Act—
 
 
“lease” includes any tenancy;
 
 
“local housing authority” (except in section 46 ) means a district council,
35
 
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
5
 
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
10
 
(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
15
 
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 .
20
 
(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
25
 
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.
30
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
35
 
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—
5
 
(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
10
 
(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 .
15
 
(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
20
 
(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
25
 
(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
30
 
(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
35
 
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
40
 
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
5
 
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
10
 
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
15
 
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
20
 
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.
25
 
(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
30
 
(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
35
 
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
5
 
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.
10
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).
15
 
(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
20
 
(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
25
 
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
30
 
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)).
35
 
(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—
5
 
(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.
10
 
(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;
15
 
(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—
20
 
(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;
25
 
(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
30
 
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
35
 
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
40
 
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,
 
 
or
 
 
(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
5
 
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—
10
 
(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
15
 
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.
20
 
(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
25
 
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
30
 
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).
35
 
(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.
5
 
(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
10
 
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
15
 
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
20
 
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—
25
 
“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
30
 
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.
35
 
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—
40

Page 152

 
(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 ,
5
 
(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
10
 
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.
15
 
(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
20
 
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
25
 
(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
30
 
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.
35
 
(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—
40

Page 153

 
(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
5
 
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) —
10
 
(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
15
 
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
20
 
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;
25
 
(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
30
 
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 .
35
 
(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,
 
 
or
 
 
(b)
the re-making of provision that has ceased to have effect as a result
40
 
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.
45

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
5
 
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.
10

Page 155

Schedules

 
 
Schedule 1
Section 4
 

Changes to grounds for possession

 

Introductory

 
 
1
Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let
5
 
on assured tenancies) is amended as follows.
 

Amendments of Ground 1: occupation by landlord or family

 
 
2
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
10
 
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
15
 
partnership;
 
 
(c)
the landlord’s—
 
 
(i)
parent;
 
 
(ii)
grandparent;
 
 
(iii)
sibling;
20
 
(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
25
 
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
30
 
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 156

New ground for sale of dwelling-house

 
 
3
After Ground 1 insert—
 

“Ground 1A

 
 
“The following conditions are met—
 
 
(a)
the landlord who is seeking possession intends to sell a
5
 
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
10
 
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
15
 
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
20
 
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,
25
 
(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
30
 
(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.
35
 
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.”
40

Page 157

New ground for possession after rent-to-buy agreement

 
 
4
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—
5
 
(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
10
 
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
15
 
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
20
 
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
25
 
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;
30
 
“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
35
 
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

 
 
5
In Ground 2—
40
 
(a)
in the words before paragraph (a) omit “granted before the
 
 
beginning of the tenancy”;
 

Page 158

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

New ground for possession when superior lease ends

 
 
6
After Ground 2 insert—
 

“Ground 2ZA

 
 
The landlord who is seeking possession—
5
 
“(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
10
 
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
15
 
(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
20
 
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
25
 
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

 
 
7
After Ground 2ZA (inserted by paragraph 6 of this Schedule) insert—
30

“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
35
 
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
40

Page 159

 
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
5
 
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
10
 
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
15
 
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
20
 
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,
25
 
(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.”
30

Repeal of Ground 3: holiday accommodation

 
 
8
Omit Ground 3.
 

Amendments of Ground 4: student accommodation

 
 
9
In Ground 4—
 
 
(a)
omit the opening words;
35
 
(b)
omit paragraph (a) (together with the final “and”);
 
 
(c)
paragraph (b) becomes an unnumbered paragraph;
 

Page 160

 
(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
5
 
(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

 
 
10
After Ground 4 insert—
10

“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,
15
 
(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
20
 
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,
25
 
(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
30
 
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
35
 
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
40
 
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
5
 
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

10
 
11
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
15
 
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.”
20

New ground for possession for occupation by agricultural worker

 
 
12
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
25
 
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).”
30

New ground for possession for occupation by person who meets employment requirements

 
 
13
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,
35
 
(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,
40

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

 
 
14
(1)
Ground 16 in Part 2 of Schedule 2 , together with the italic heading before
 
 
it, moves to after Ground 5B (inserted by paragraph 13 of this Schedule
 
 
) and becomes Ground 5C in Part 1 of that Schedule.
5
 
(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
10
 
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—
15
 
(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
20
 
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

25
 
15
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
30
 
fulfils that requirement.”
 

New ground for possession for occupation as supported accommodation

 
 
16
After Ground 5D (inserted by paragraph 15 of this Schedule) insert—
 

“Ground 5E

 
 
“The landlord seeking possession requires possession of the
35
 
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
 

Page 163

 
(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

 
 
17
(1)
After Ground 5E (inserted by paragraph 16 of this Schedule) insert—
 

“Ground 5F

5
 
“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
10
 
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
15
 
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
20
 
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,
25
 
(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
30
 
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
35
 
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
40
 
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
5
 
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.
10
 
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
15
 
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
20
 
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
25
 
support services with regard to those services.”
 

New ground for possession for tenancy granted for homelessness duty

 
 
18
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
30
 
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
35
 
(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
40
 
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

 
 
19
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—
5
 
(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,
10
 
(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
15
 
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
20
 
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,
25
 
(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—
30
 
(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;
35
 
(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
40
 
“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
5
 
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
10
 
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
15
 
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.
20
 
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.
25
 
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.”
30

Amendments of Ground 6: redevelopment

 
 
20
(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
35
 
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
40
 
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
5
 
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
10
 
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).
15
 
(6)
For the final unnumbered paragraph substitute—
 

“Table

 
 
Landlord seeking
 
 
Tenancy
 
 
Landlord intending to
 
 
possession
 
 
redevelop
 
 
a tenancy of a
20
 
a superior landlord
20
 
a relevant social
20
 
landlord
 
 
dwelling-house that was
 
 
granted pursuant to a
 
 
nomination as
 
 
mentioned in section
 
 
159(2)(c) of the Housing
25
 
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
30
 
(b)
a superior
30
 
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
35
 
dwelling-house which is
35
 
who is seeking
35
 
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
5
 
of a commonhold unit in
 
 
relation to which a
 
 
commonhold association
 
 
exercises functions
 
 
In this ground—
10
 
““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—
15
 
“(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
20
 
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,
25
 
a profit-making registered provider of social housing.”
 

New ground for possession to allow compliance with enforcement action

 
 
21
After Ground 6 insert—
 

“Ground 6A

 
 
“Any of the following situations has occurred—
30
 
(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
35
 
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—
5
 
(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
10
 
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
15
 
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—
20
 
(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;
25
 
(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.
30
 
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
35
 
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

40
 
22
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

 
 
23
In Ground 8—
 
 
(a)
in paragraph (a), for “eight” substitute “thirteen”;
 
 
(b)
in paragraph (b), for “two” substitute “three”;
5
 
(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
10
 
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

 
 
24
After Part 4 of Schedule 2 to the 1988 Act insert—
15

Part 5

 

Interpretation

 
 
12
(1)
In this Schedule—
 
 
“acquiring authority” means, where notice of a compulsory
 
 
acquisition has been given, the person who would be
20
 
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);
25
 
“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
30
 
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
35
 
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);;
40

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
5
 
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
10
 
housing,
 
 
(iii)
a registered charity, or
 
 
(iv)
a voluntary organisation, and
 
 
(b)
to a tenant who receives care, support or
 
 
supervision provided either—
15
 
(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
20
 
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.
25
 
(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,
30
 
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,
35
 
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
40
 
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
45

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
5
 
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
10
 
(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.
15

Part 6

 

Powers to amend Grounds 2ZA, 2ZC, 5C, 5H and 6A and definition

 
 
13
(1)
The Secretary of State may by regulations amend this Schedule
 
 
so as to—
 
 
(a)
amend Ground 2ZA to change the descriptions of the
20
 
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
25
 
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
30
 
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
35
 
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
40
 
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
5
 
Parliament.”
 
 
Schedule 2
Section 28
 

Amendments relating to Chapter 1 of Part 1

 

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

 
 
1
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
10
 
is amended as follows.
 
 
2
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”;
15
 
(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”.
 
 
3
In section 17 (provision supplementary to section 16 of that Act) as it applies
 
 
otherwise than to Scotland—
20
 
(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
25
 
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
30
 
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
35
 
(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
40

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
5
 
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
10
 
applies” substitute “Subsection (2) does not apply”.
 
 
4
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”.
 
 
5
In section 19 (limitation of application of Housing Act 1988 by virtue of
15
 
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,”.
20
 
6
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”;
25
 
(b)
in subsection (3), in the words before paragraph (a), for “16”
 
 
substitute “18”.
 
 
7
In section 23 (interpretation) omit the definitions of “fixed term tenancy”
 
 
and “statutory periodic tenancy”.
 

Housing Act 1985

30
 
8
In section 82A of the Housing Act 1985 (demotion because of anti-social
 
 
behaviour), in subsection (8), omit paragraph (b).
 
 
9
In section 13(1A) of the Landlord and Tenant Act 1985 (as amended by
 
 
section 25) omit paragraph (b) and the “or” before it.
35
 
10
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)—
5
 
(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
10
 
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
15
 
(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
20
 
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

 
 
11
The 1988 Act is amended as follows.
25
 
12
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)”.
 
 
13
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
30
 
made by the Renters' Rights Act 2024”.
 
 
14
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);
35
 
(iii)
in the words after paragraph (d), for “a periodic” substitute
 
 
“an”;
 
 
(b)
omit subsections (2) to (7).
 
 
15
Omit section 6.
 
 
16
In section 9 (extended discretion of court in possession claims), in subsection
40
 
(6), omit paragraph (b) and the “or” before it.
 

Page 176

 
17
In section 10A (power to order transfer of tenancy in certain cases) omit
 
 
subsection (8).
 
 
18
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
5
 
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”;
10
 
(b)
omit subsection (4).
 
 
19
In section 34 (restrictions on new protected tenancies and agricultural
 
 
occupancies) omit subsection (3).
 
 
20
In section 37 (no further assured tenancies under Housing Act 1980), in
 
 
subsection (5), omit “(and under any statutory periodic tenancy which
15
 
arises on the coming to an end of that tenancy)”.
 
 
21
In section 39 (statutory tenants: succession) omit subsection (7).
 
 
22
In section 41 (rent assessment committees: procedure and information
 
 
powers), in subsection (2), omit “or Chapter II”.
 
 
23
In section 41A (amounts attributable to services) omit “or 22”.
20
 
24
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,”.
 
 
25
In Schedule 2 (grounds for possession)—
25
 
(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.
 
 
27
In Schedule 11 to the Local Government and Housing Act 1989 (minor and
 
 
consequential amendments) omit paragraphs 103 and 108.
 
 
28
The Housing Act 1996 is amended as follows.
35
 
29
In section 64 omit the entry for “assured shorthold tenancy”.
 
 
30
Omit sections 96 to 100.
 
 
26
In Schedule 4 (statutory tenants: succession), in Part 3, omit paragraph 15.
30

Local Government and Housing Act 1989

 

Housing Act 1996

 
 
31
In section 143 (index of defined expressions) omit “and assured shorthold
 
 
tenancy”.
 
 
32
In section 175 (homelessness and threatened homelessness), in subsection
 
 
(5)—
 
 
(a)
in paragraph (a), for “section 21 of the Housing Act 1988 (orders
5
 
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”.
10
 
33
In section 188 (interim duty to accommodate in case of apparent priority
 
 
need) omit subsection (1A).
 
 
34
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”;
15
 
(b)
at the end of paragraph (a) insert “and”;
 
 
(c)
omit paragraph (c) and the “and” before it.
 
 
35
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
20
 
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”;
25
 
(ii)
for “expired” substitute “passed”.
 
 
36
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”.
30
 
37
In section 218 (index of defined expressions: Part 7), in the entry for assured
 
 
tenancy and assured shorthold tenancy, omit “and assured shorthold
 
 
tenancy”.
 
 
38
In section 230 (minor definitions: general), in the first definition, omit “,
 
 
“assured shorthold tenancy””.
35
 
39
Omit Schedule 7.
 

Capital Allowances Act 2001

 
 
40
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

 
 
41
In section 100 of the Police Reform Act 2002 (Metropolitan Police Authority
 
 
housing) omit subsection (4).
 

Homelessness Act 2002

 
 
42
In section 7 of the Homelessness Act 2002 (events causing main
5
 
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).”;
10
 
(b)
omit subsection (2).
 

Finance Act 2003

 
 
43
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
15
 
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

 
 
44
In the Anti-social Behaviour Act 2003—
20
 
(a)
in section 14 (security of tenure: anti-social behaviour) omit
 
 
subsection (4);
 
 
(b)
omit section 15.
 

Housing Act 2004

 
 
45
In the Housing Act 2004—
25
 
(a)
omit section 75;
 
 
(b)
omit section 98.
 
 
46
In Schedule 11 to the Housing and Regeneration Act 2008 (possession orders
 
 
relating to certain tenancies), in Part 1—
30
 
(a)
omit paragraph 7;
 
 
(b)
omit paragraph 9.
 
 
47
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
5
 
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
10
 
“demotion order”, omit “or section 6A of the Housing Act 1988”.
 

Deregulation Act 2015

 
 
48
In the Deregulation Act 2015—
 
 
(a)
omit section 31;
 
 
(b)
omit sections 33 to 41.
15

Immigration Act 2016

 
 
49
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)

 
 
50
In Schedule 12 to the Renting Homes (Wales) Act 2016—
20
 
(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—
25
 
“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

 
 
51
In section 4 of the Homelessness Reduction Act 2017 (duty in cases of
30
 
threatened homelessness) omit subsection 4.
 

Page 180

 
Schedule 3
Section 71
 

Amendments connected with landlord redress schemes

 

Local Government Act 1974

 
 
1
The Local Government Act 1974 is amended in accordance with paragraphs
 
 
2 to 5 .
5
 
2
(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)—
10
 
(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
15
 
“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”;
20
 
(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
25
 
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
30
 
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
35
 
(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—
5
 
(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”—
10
 
(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
15
 
complaint is specified.
 
 
“1
 
 
2
 
 
3
 
 
Relevant investigations
 
 
Relevant complaints
 
 
Appropriate persons
 
 
An investigation by the
 
 
A complaint under the
 
 
The Parliamentary
 
 
Parliamentary
20
 
Act of 1967
20
 
Commissioner
20
 
Commissioner in
 
 
accordance with section
 
 
5 of the Act of 1967
 
 
An investigation by the
 
 
A complaint under the
 
 
The Health Service
 
 
Health Service
25
 
Act of 1993
25
 
Commissioner for
25
 
Commissioner for
 
 
England
 
 
England in accordance
 
 
with the Act of 1993
 
 
An investigation by a
 
 
A complaint under the
 
 
The housing
 
 
housing ombudsman
30
 
Housing Act 1996
30
 
ombudsman
30
 
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
35
 
accordance with the
 
 
Act of 2002
 
 
An investigation by the
 
 
A complaint under the
 
 
The Public Services
 
 
Public Services
 
 
Ombudsman for Wales
 
 
Ombudsman for Wales
40
 
Ombudsman (Wales)
40
 
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
5
 
ombudsman scheme
5
 
new homes
 
 
ombudsman scheme
 
 
(see section 136 of the
 
 
Building Safety Act
 
 
2022)
10
 
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
15
 
determination of
15
 
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
20
 
scheme
20
 
monitoring the
20
 
of the Renters' Rights
 
 
investigation and
 
 
Act 2024)
 
 
determination of
 
 
complaints under the
 
 
scheme”
 
 
3
(1)
Section 33ZA (collaborative working between Local Commissioners and
25
 
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
30
 
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
35
 
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—
40
 
“(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
5
 
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
10
 
investigates complaints under a redress scheme if it is a
 
 
matter which could be the subject of an investigation under
 
 
that scheme.”
 
 
4
In section 33ZB (arrangements for provision of administrative and other
 
 
services), for subsection (4) substitute—
15
 
“(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
20
 
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
25
 
Building Safety Act 2022;
 
 
the administrator of a leasehold and estate management
 
 
redress scheme;
 
 
the administrator of a landlord redress scheme.”
 
 
5
In section 34 (interpretation), in subsection (1), at the appropriate places
30
 
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
35
 
the Renters' Rights Act 2024;”.
 

Housing Act 1996

 
 
6
(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
40
 
“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.”
5
 
(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
10
 
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.”
15
 
(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;
20
 
(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
25
 
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
30
 
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

 
 
7
In paragraph 17 of Schedule 12 to the Government of Wales Act 1998 (minor
35
 
and consequential amendments), omit sub-paragraphs (2) and (3).
 

Public Services Ombudsman (Wales) Act 2005

 
 
8
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);
40
 
(b)
omit sub-paragraph (3).
 

Page 185

Localism Act 2011

 
 
9
In section 182 of the Localism Act 2011 (transfer of functions to housing
 
 
ombudsman), omit subsections (2) to (6).
 

Building Safety Act 2022

 
 
10
The Building Safety Act 2022 is amended in accordance with paragraphs
5
 
11 and 12 .
 
 
11
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
10
 
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
15
 
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
20
 
and estate management redress schemes);
 
 
a landlord redress scheme within the meaning of section
 
 
62 (2) of the Renters' Rights Act 2024.”
 
 
12
In Schedule 10 (amendments in connection with new homes ombudsman),
 
 
omit paragraphs 1 to 5.
25

Leasehold and Freehold Reform Act 2024

 
 
13
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)
30

Decent homes standard

 

Part 1

 

Amendments of Housing Act 2004

 
 
1
The Housing Act 2004 is amended as follows.
 

Page 186

 
2
(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 ,”.
5
 
3
(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
10
 
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,
 
 
or
 
 
(b)
in the case of qualifying residential premises, whether the
15
 
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
20
 
(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—
25
 
“(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)—
30
 
(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”.
35
 
(6)
In the heading, omit “to see whether category 1 or 2 hazards exist”.
 
 
4
(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
40

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”.
5
 
(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”.
 
 
5
In the heading to section 6 (how duty under section 5 operates in certain
 
 
cases), omit “Category 1 hazards”.
 
 
6
After section 6 insert—
10
 
“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—
15
 
(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
20
 
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.
25
 
(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
30
 
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
35
 
(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.
40
 
(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
5
 
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.
10
 
(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
15
 
(d)
how local housing authorities are to deal with the proceeds
 
 
of financial penalties under this section.”
 
 
7
(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—
20
 
“(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)—
25
 
(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”.
 
 
8
In section 8 (reasons for decision to take enforcement action), in subsection
30
 
(5)(a), omit “hazard”.
 
 
9
(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—
35
 
“(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
40

Page 189

 
(b)
financial penalties.”
 
 
10
In the heading of Chapter 2 of Part 1 (improvement notices, prohibition
 
 
orders and hazard awareness notices), omit “hazard”.
 
 
11
(1)
Section 11 (improvement notices relating to category 1 hazards: duty of
 
 
authority to serve notice) is amended as follows.
5
 
(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,
 
 
or
10
 
(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
15
 
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”.
20
 
(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”.
25
 
(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
30
 
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
35
 
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
40
 
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”.
5
 
12
(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—
10
 
(i)
a category 2 hazard exists on any residential premises,
 
 
or
 
 
(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
15
 
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—
20
 
“(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
25
 
(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”.
30
 
13
(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”.
35
 
(3)
In subsection (5), after “hazard” insert “or failure”.
 
 
14
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”.
40

Page 191

 
15
(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”—
5
 
(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
10
 
(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.”
15
 
(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
20
 
(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
25
 
reversioner, is the “liable person”.”
 
 
16
(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—
30
 
(a)
the local housing authority are satisfied that—
 
 
(i)
a category 1 hazard exists on any residential premises,
 
 
or
 
 
(ii)
any qualifying residential premises fail to meet a type
 
 
1 requirement, and
35
 
(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
40
 
(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
5
 
(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
10
 
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”.
15
 
(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
20
 
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.”
25
 
(6)
In the heading, after “hazards” insert “and type 1 requirements”.
 
 
17
(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—
30
 
(a)
the local housing authority are satisfied that—
 
 
(i)
a category 2 hazard exists on any residential premises,
 
 
or
 
 
(ii)
any qualifying residential premises fail to meet a type
 
 
2 requirement, and
35
 
(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
5
 
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.”
10
 
(4)
In the heading, after “hazards” insert “and type 2 requirements”.
 
 
18
(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
15
 
(c)
in paragraph (b) , after “exists” insert “or to which it relates”.
 
 
(3)
In subsection (3)(b), after “hazards” insert “, or failure or failures,”.
 
 
19
(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—
20
 
“(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
25
 
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
30
 
combination of hazards and failures)”, and
 
 
(b)
in paragraph (a) , after “hazards” insert “or failures”.
 
 
20
In the italic heading before section 28, omit “Hazard”.
 
 
21
(1)
Section 28 (hazard awareness notices relating to category 1 hazards: duty
 
 
of authority to serve notice) is amended as follows.
35
 
(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,
 
 
or
40

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
5
 
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
10
 
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.”
15
 
(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”.
20
 
(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
25
 
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.”
30
 
(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”.
35
 
(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
40
 
(b)
after “category 1 hazards” insert “and type 1 requirements”.
 

Page 195

 
22
(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—
5
 
(i)
a category 2 hazard exists on any residential premises,
 
 
or
 
 
(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
10
 
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—
15
 
(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”.
20
 
(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
25
 
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.”
30
 
(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”.
35
 
(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
40
 
(b)
after “category 2 hazards” insert “and type 2 requirements”.
 

Page 196

 
23
(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”.
5
 
24
In section 32 (offence of failing to comply with prohibition order etc), in
 
 
subsection (2)(a), omit “not exceeding level 5 on the standard scale”.
 
 
25
In section 35 (power of court to order occupier or owner to allow action
 
 
to be taken on premises), for the definition of “relevant person” in subsection
 
 
(8) substitute—
10
 
““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;
15
 
(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.”
 
 
26
(1)
Section 40 (emergency remedial action) is amended as follows.
20
 
(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,
 
 
or
25
 
(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
30
 
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
35
 
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”.
40

Page 197

 
(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
5
 
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.”
10
 
27
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”.
 
 
28
In section 43 (emergency prohibition orders), for subsection (1) substitute—
15
 
“(1)
If—
 
 
(a)
the local housing authority are satisfied that—
 
 
(i)
a category 1 hazard exists on any residential premises,
 
 
or
 
 
(ii)
any qualifying residential premises fail to meet a type
20
 
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
25
 
(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
30
 
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).”
 
 
29
In section 44 (contents of emergency prohibition orders), in subsection (2)—
 
 
(a)
after “hazard” (in each place) insert “or failure”,
35
 
(b)
after “hazards” insert “or failures”, and
 
 
(c)
in paragraph (a) , after “exists” insert “or to which it relates”.
 
 
30
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”.
40
 
31
In section 50 (recovery of charge under section 49), in subsection (2)(b), for
 
 
“a hazard” substitute “an”.
 

Page 198

 
32
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
5
 
Section 2B (2) ”;
5
 
“Supported exempt accommodation
 
 
Section 2B (2) ”;
 
 
“Type 1 requirement
 
 
Section
 
 
2A (3) (a) ”;
 
 
“Type 2 requirement
 
 
Section
 
 
2A (3) (b)”, and
10
 
(b)
in the entry for “Hazard awareness notice”, in the first column, omit
 
 
“Hazard” (and, accordingly, move the entry to the appropriate
 
 
place).
 
 
33
(1)
Section 250 (orders and regulations) is amended as follows.
 
 
(2)
After subsection (2) insert—
15
 
“(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;
20
 
(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) ,”.
25
 
34
Before Schedule 1 insert—
 
 
“Schedule A1
Section 6A
 

Procedure and appeals relating to financial penalties under section

 
 
6A
 

Notice of intent

30
 
1
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”).
 
 
2
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
35

Page 199

 
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.
 
 
3
The notice of intent must set out—
5
 
(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 .
10

Right to make representations

 
 
4
(1)
A person who is given a notice of intent may make written
 
 
representations to the authority about the proposal to impose a
 
 
financial penalty.
 
 
(2)
Any representations must be made within the period of 28 days
15
 
beginning with the day after the day on which the notice of intent
 
 
was given (“the period for representations”).
 

Final notice

 
 
5
After the end of the period for representations the local housing
 
 
authority must—
20
 
(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.
 
 
6
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”)
25
 
imposing that penalty.
 
 
7
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.
 
 
8
The final notice must set out—
30
 
(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;
35
 
(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,
40

Page 200

 
(g)
information about rights of appeal, and
 
 
(h)
the consequences of failure to comply with the notice.
 

Withdrawal or amendment of notice

 
 
9
(1)
A local housing authority may at any time—
 
 
(a)
withdraw a notice of intent or final notice, or
5
 
(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

10
 
10
(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
15
 
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.
20
 
(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
25
 
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

30
 
11
(1)
This paragraph applies if a person fails to pay the whole or any
 
 
part of a financial penalty which, in accordance with this Schedule,
 
 
the person is liable to pay.
 
 
(2)
The local housing authority which imposed the financial penalty
 
 
may recover the penalty, or part of it, on the order of the county
35
 
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—
 

Page 201

 
(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.
5
 
(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

10
 
12
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
15
 
in relation to the private rented sector.
 
 
13
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.
 
 
14
(1)
In paragraph 12 , the reference to enforcement functions “in
20
 
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,
25
 
(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
30
 
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
35
 
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.”
40
 
35
(1)
Schedule 1 (procedure and appeals relating to improvement notices) is
 
 
amended as follows.
 

Page 202

 
(2)
Before paragraph 1 insert—
 

“Service of improvement notices: qualifying residential premises which fail to meet

 

type 1 and 2 requirements

 
 
A1
(1)
This paragraph applies instead of paragraphs 1 to 3 where—
 
 
(a)
the specified premises are qualifying residential premises
5
 
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).
10
 
(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
15
 
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
20
 
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.
25
 
(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;
30
 
(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
35
 
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”.
40
 
(5)
In paragraph 17 , after “hazard” (in each place) insert “or failure”.
 
 
36
(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
5
 
(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
10
 
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—
15
 
“(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
20
 
(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—
25
 
“(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
30
 
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.”,
35
 
(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”.
40
 
(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
5
 
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) .”
10
 
37
(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

15

Amendments of other Acts

 

Land Compensation Act 1973

 
 
38
(1)
Section 33D of the Land Compensation Act 1973 (loss payments: exclusions)
 
 
is amended as follows.
 
 
(2)
In subsection (4)—
20
 
(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”.
25

Housing Act 1985

 
 
39
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

 
 
40
In section 126B of the Housing and Regeneration Act 2008 (functions of
30
 
health and safety lead), in subsection (3)(b)(ii), after “hazards” insert “and
 
 
type 1 and 2 requirements”.
 

Deregulation Act 2015

 
 
41
In section 33(13) of the Deregulation Act 2015 (preventing retaliatory
 
 
eviction: definitions), in the definition of “relevant notice”—
35

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

 
 
42
In section 40(4) of the Housing and Planning Act 2016 (offences under
5
 
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

 
 
43
In Schedule 3 to the Tenant Fees Act 2019 (financial penalties), in paragraph
 
 
12(1), after paragraph (c) insert—
10
 
“(ca)
the activities of a superior landlord in relation to such a
 
 
tenancy,”.
 
 
Schedule 5
Section 99
 

Financial penalties

 

Notice of intent

15
 
1
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”).
 
 
2
(1)
The notice of intent must be given before the end of the period of 6 months
 
 
beginning with the first day on which the authority has sufficient evidence
20
 
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
25
 
(b)
within the period of 6 months beginning with the last day on which
 
 
the conduct occurs.
 
 
3
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,
30
 
(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

 
 
4
(1)
A person who is given a notice of intent may make written representations
 
 
to the authority about the proposal to impose a financial penalty.
 
 
(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
5
 
person (“the period for representations”).
 

Final notice

 
 
5
After the end of the period for representations the enforcement authority
 
 
must—
 
 
(a)
decide whether to impose a financial penalty on the person, and
10
 
(b)
if it decides to do so, decide the amount of the penalty.
 
 
6
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.
 
 
7
The final notice must require the penalty to be paid within the period of
15
 
28 days beginning with the day after that on which the notice was given.
 
 
8
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,
20
 
(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

25
 
9
(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.
30

Appeals

 
 
10
(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.
35
 
(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
5
 
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
10
 
imposed.
 

Recovery of financial penalty

 
 
11
(1)
This paragraph applies if a person fails to pay the whole or any part of a
 
 
financial penalty which, in accordance with this Schedule, the person is
 
 
liable to pay.
15
 
(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—
20
 
(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.
25
 
(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

30
 
12
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.
35
 
13
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.
 
 
14
(1)
In paragraph 12 , enforcement functions “in relation to the private rented
 
 
sector” means enforcement functions relating to—
40

Page 208

 
(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,
5
 
(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
10
 
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
15
 
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

20

Tenancies which become periodic on the commencement date

 
 
1
(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
25
 
the tenancy until immediately after the first periodic term has begun.
 

Section

 
 
2
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
30
 
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—”;
35
 
(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
5
 
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
10
 
for by subsection (5) (a) ”.
 

Section

 

given prior to commencement date

 
 
3
(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
15
 
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
20
 
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).
25
 
(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
30
 
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
35
 
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
40
 
(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,
 

Page 210

 
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
5
 
(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.
10
 
(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”—
15
 
““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

20
 
4
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

 
 
5
The amendments made by section 7 do not affect the validity of any increase
25
 
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.
30

Sections

 
 
6
(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
35
 
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—
 

Page 211

 
(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.
5
 
(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—
10
 
(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
15
 
(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) —
20
 
(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.
25

Section

 
 
7
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
30
 
(b)
does not constitute an offence under section 16J (as so inserted).
 

Section

 
 
8
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.
35

Section

 
 
9
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,
40

Page 212

 
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

 
 
10
The amendments made by section 25 do not apply in relation to an existing
 
 
tenancy that, immediately before the commencement date, was an assured
5

tenancy other than an assured shorthold tenancy.

 
 
Section 26 : tenant fees
 
 
11
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.
10

Schedule 1: student accommodation ground

 
 
12
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)—
15
 
“(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)
20
 
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
25
 
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
30
 
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)
35
 
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,
 
 
or
 

Page 213

 
(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
5
 
the student test unless all of those persons meet, or met, that
 
 
test.”
 

Schedule 1: stepping stone accommodation ground

 
 
13
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
10
 
“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

 
 
14
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
15
 
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

 
 
15
(1)
Where, immediately before the commencement date, proceedings for an
20
 
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
25
 
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
30
 
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,
 
 
or
35
 
(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) .
 

Page 214

 
(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
5
 
apply in relation to a tenancy;”.
 

Interpretation

 
 
16
In this Schedule “commencement date” and “existing tenancy” have the
 
 
meanings given by section 143 .
 
Amendments
Opposition Amendment 72

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 98, page 117, line 20, at end insert—
“(ia) the availability of which is secured by the Secretary of State under paragraph 9 of Schedule 10 of the Immigration Act 2016, or sections 4 or 95 of the Immigration and Asylum Act 1999;
(ib) that is provided by the Ministry of Defence for use by service personnel; or”

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)

Member's explanatory statement

This amendment would extend the Decent Homes Standard to accommodation provided to people on immigration bail and to that provided by the Ministry of Defence to service personnel.

Sponsor Amendment 24

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Clause 98, page 118, line 27, at end insert—
“(ba) a building or part of a building constructed or adapted for use as a house in multiple occupation if—
(i) it is for the time being only occupied by persons who form a single household, and
(ii) the accommodation which those persons occupy is let under a relevant tenancy or is supported exempt accommodation,
except where the accommodation which those persons occupy is social housing and the landlord under the tenancy, or the provider of the supported exempt accommodation, is a registered provider of social housing,”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This expands the definition of “qualifying residential premises” - and therefore expands the scope of the power in new section 2A inserted by this clause - so as to catch HMO accommodation which is occupied by only one household (and therefore does not count as an HMO because it is not actually in multiple occupation).

Sponsor Amendment 25

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Clause 98, page 118, line 34, after “(b)” insert “, (ba)”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is consequential on Amendment 24.

Sponsor Amendment 26

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 186, line 4, leave out sub-paragraph (3) and insert—
(3)After subsection (8) insert—
(9)But unoccupied HMO accommodation is “qualifying residential premises” for the purposes of this Part only to the extent provided for by section 2B(1)(ba).””

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is consequential on Amendment 24.

Sponsor Amendment 27

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 202, line 5, leave out from second “premises” to “, and” in line 6 and insert “other than—
(i) homelessness accommodation (see paragraph B1), or
(ii) common parts (see paragraph 4)”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This excludes homelessness accommodation from the scope of the new paragraph A1. Instead it is dealt with by the new paragraph B1 inserted by Amendment 29. (Common parts are already excluded from new paragraph A1.)

Sponsor Amendment 28

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 202, line 11, leave out from beginning to second “the” in line 13 and insert—
(1A)Sub-paragraph (2) applies in relation to the premises if they are—
(a)a dwelling or HMO let under a relevant tenancy,
(b)an HMO where at least one unit of accommodation which forms part of the HMO is let under a relevant tenancy, or
(c)a building or a part of a building constructed or adapted for use as a house in multiple occupation if—
(i)it is for the time being only occupied by persons who form a single household, and
(ii)the accommodation which those persons occupy is let under a relevant tenancy.

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is consequential on Amendment 24.

Sponsor Amendment 29

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 202, line 31, leave out paragraph (b) and insert—
(4)In this paragraph—
“common parts” means common parts that are qualifying residential premises by virtue of
section 2B(1)(d);
“homelessness accommodation” means accommodation in England—
(a)the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and
(b)which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4).
Service of improvement notices: homelessness accommodation (whether or not it is qualifying residential premises)
(1)This paragraph applies where the specified premises in the case of an improvement notice are homelessness accommodation (which has the same meaning here as in paragraph A1).
(2)The notice must be served on any person—
(a)who has an estate or interest in the premises, and
(b)who, in the opinion of the local housing authority, ought to take the action specified in the notice.
(3)This paragraph applies instead of paragraph 1, 2 or 3 (in a case where that paragraph would otherwise apply to the improvement notice).”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

The definitions are consequential on Amendment 27. The new paragraph B1 provides for the service of all improvement notices relating to homelessness accommodation (and replaces the current provision which only catches notices about requirements under regulations under section 2A).

Sponsor Amendment 30

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 203, line 5, leave out “let under a relevant tenancy, or” and insert “a dwelling or HMO let under a relevant tenancy,”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is consequential on Amendment 24.

Sponsor Amendment 31

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 203, line 8, at end insert “or
(c) are a building or a part of a building constructed or adapted for use as a house in multiple occupation—
(i) that is for the time being only occupied by persons who form a single household, and
(ii) where the accommodation which those persons occupy is let under a relevant tenancy,”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is consequential on Amendment 24.

Sponsor Amendment 32

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 203, line 12, after “tenancy.” insert—
(2B)Where—
(a)sub-paragraph (2A) does not apply in relation to the specified premises,
(b)the specified premises consist of or include the whole or any part of a building containing homelessness accommodation, and
(c)the person providing the homelessness accommodation—
(i)is a tenant of that accommodation under a tenancy which has an unexpired term of 3 years or less (the “short tenancy”), and
(ii)accordingly is not an owner in relation to the homelessness accommodation (see section 262(7)(b)),
the authority must also serve copies of the order on any person who, to their knowledge, is a tenant under the short tenancy, a landlord under the short tenancy, or a superior landlord in relation to the short tenancy, and who is not otherwise required to be served with a copy of the notice under this paragraph.
(2C)In sub-paragraph (2B) “homelessness accommodation” means accommodation in England—
(a)the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and
(b)which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4).”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This requires copies of a prohibition notice to be given where homelessness accommodation is provided by a person who is a tenant of the accommodation under a lease with an unexpired term of 3 years or less.

Sponsor Amendment 33

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 203, line 13, leave out “after “(2)” insert “or (2A)”” and insert “for “sub-paragraph (2)” substitute “this paragraph””

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is consequential on Amendment 32.

Sponsor Amendment 34

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 203, line 28, leave out “let under a relevant tenancy, or” and insert “a dwelling or HMO let under a relevant tenancy,”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is consequential on Amendment 24.

Sponsor Amendment 35

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 203, line 31, at end insert “or
(c) are a building or a part of a building constructed or adapted for use as a house in multiple occupation—
(i) that is for the time being only occupied by persons who form a single household, and
(ii) where the accommodation which those persons occupy is let under a relevant tenancy,”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is consequential on Amendment 24.

Sponsor Amendment 36

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 203, line 35, after “tenancy.” insert—
(2B)Where—
(a)sub-paragraph (2A) does not apply in relation to the specified premises,
(b)the specified premises consist of or include the whole or any part of a building containing homelessness accommodation, and
(c)the person providing the homelessness accommodation—
(i)is a tenant of that accommodation under a tenancy which has an unexpired term of 3 years or less (the “short tenancy”), and
(ii)accordingly is not an owner in relation to the homelessness accommodation (see section 262(7)(b)),
the authority must also serve copies of the order on any person who, to their knowledge, is a tenant under the short tenancy, a landlord under the short tenancy, or a superior landlord in relation to the short tenancy, and who is not otherwise required to be served with a copy of the notice under this paragraph.
(2C)In sub-paragraph (2B) “homelessness accommodation” means accommodation in England—
(a)the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and
(b)which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4).”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This requires copies of a prohibition notice to be given where homelessness accommodation is provided by a person who is a tenant of the accommodation under a lease with an unexpired term of 3 years or less.

Sponsor Amendment 37

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 203, line 36, leave out “or (2A)” and insert “, (2A) or (2B)”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is consequential on Amendment 36.

Sponsor Amendment 38

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 203, line 37, leave out “after “(2)” insert “, (2A)”” and insert “for “sub-paragraph (2) or (3)” substitute “this paragraph””

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is consequential on Amendment 36.

Sponsor Amendment 39

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 204, line 4, leave out “let under a relevant tenancy, or” and insert “a dwelling or HMO let under a relevant tenancy,”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is consequential on Amendment 24.

Sponsor Amendment 40

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 4, page 204, line 7, at end insert “or
(iii) are a building or a part of a building constructed or adapted for use as a house in multiple occupation that is for the time being only occupied by persons who form a single household and where the accommodation which those persons occupy is let under a relevant tenancy,”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is consequential on Amendment 24.

Opposition Amendment 79

Tabled: 28 Oct 2024
Notices of Amendments as at 28 October 2024

This amendment was NOT CALLED

Schedule 5, page 207, line 31, leave out “Where” and insert “Subject to section 39(6A), where”

Type: Opposition

Signatures: 1

Carla Denyer (Green - Bristol Central) - 28 Oct 2024
Green Spokesperson (Immigration)

Member's explanatory statement

See Amendment 78.

Opposition Amendment 41

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 100, page 120, line 9, leave out from “order)” to the end of line 12 and insert—
“—
(a) in subsection (1), omit “, beyond reasonable doubt,”;
(b) 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”;
(c) after subsection (3), insert—
“(4) Where the application for a rent repayment order relates to an offence under sections 1(2), (3) or 3(A) of the Protection from Eviction Act 1977, the First-tier Tribunal must be satisfied, on the balance of probabilities, that the offence has been committed.
(5) Where the application for a rent repayment order relates to any other offence to which this Chapter applies, the First-tier Tribunal must be satisfied, beyond reasonable doubt, that the offence has been committed.”””

Type: Opposition

Signatures: 1

Carla Denyer (Green - Bristol Central) - 25 Oct 2024
Green Spokesperson (Immigration)

Member's explanatory statement

This amendment would apply the civil standard of proof for Rent Repayment Orders pursued on the basis of a Protection from Eviction Act 1977 offence.

Opposition Amendment 45

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 142, page 150, line 26, leave out from “subject to” to end of line 27 and insert—
“—
(a) the publication of an economic impact assessment in relation to the bill, which must include the impact of abolishing fixed term assured tenancies on the student housing market; and
(b) subsections (2) to (6).”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 46

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 142, page 150, line 26, leave out from “subject to” to end of line 27 and insert—
“—
(a) the publication of a review under section 8 on the impact of that section on the tribunals responsible for the determination of rent; and
(b) subsections (2) to (6).”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 64

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 142, page 150, line 26, leave out from “subject to” to end of line 27 and insert “—
(a) the publication of an economic impact assessment of the bill, including abolishing fixed-term tenancies on student accommodation;
(b) the publication of an assessment under section [Assessment of operation of possession process]; and
(c) subsections (2) to (6).”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Amendment NC1

Tabled: 24 Oct 2024
Notices of Amendments as at 24 October 2024

This amendment was WITHDRAWN

To move the following Clause—
“Impact of orders for possession on credit ratings
(1) The Financial Conduct Authority must develop guidance for credit rating agencies on the impact of orders for possession on the credit ratings of tenants.
(2) Guidance prepared under this section must—
(a) outline that being subject to an order for possession under Grounds 1 to 8 must not negatively impact an individual’s credit rating;
(b) be published within three months of the passing of this Act.”

Type: Backbencher

Signatures: 9

Stella Creasy (LAB - Walthamstow) - 24 Oct 2024
Alex Sobel (LAB - Leeds Central and Headingley) - 24 Oct 2024
Charlotte Nichols (Lab - Warrington North) - 24 Oct 2024
Nadia Whittome (Lab - Nottingham East) - 24 Oct 2024
Simon Opher (Lab - Stroud) - 24 Oct 2024
Rosie Duffield (Ind - Canterbury) - 24 Oct 2024
Abtisam Mohamed (Lab - Sheffield Central) - 24 Oct 2024
Carla Denyer (Green - Bristol Central) - 24 Oct 2024
Green Spokesperson (Immigration)

Ellie Chowns (Green - North Herefordshire) - 24 Oct 2024
Green Spokesperson (Foreign Affairs)
Opposition Amendment NC2

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

To move the following Clause—
“Review of the impact of the Act on the housing market
(1) The Secretary of State must publish an annual report outlining the impact of the provisions of this Act on the housing market in the UK.
(2) A report under this section must include the impact of this Act on—
(a) the availability of homes in the private rental sector;
(b) rents charged under tenancies;
(c) house prices; and
(d) requests for social housing.
(3) A report under this section must be laid before Parliament.”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment NC3

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

To move the following Clause—
“Report on certain matters relating to tenancy reform
(1) The Secretary of State must make arrangements for an independent person to prepare a report on—
(a) the impact of sections 1 and 2 on the provision of relevant tenancies;
(b) the extent to which the grounds in Schedule 2 to the 1988 Act as amended by this Act—
(i) operate effectively;
(ii) are comprehensive;
(iii) are fair.
(2) The Secretary of State must, within the period of 18 months beginning with the relevant date, lay before both Houses of Parliament—
(a) a copy of the report, and
(b) a statement setting out the Secretary of State’s response to the report.
(3) Nothing in subsection (1) prevents the Secretary of State from arranging for the independent person to include in the report matters additional to those mentioned in that subsection.
(4) In this section—
“relevant date”” means a date 18 months after the coming into force of sections 1 and 2 of this Act;
“relevant tenancy” means an assured tenancy within the meaning of the 1988 Act other than a tenancy of social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment NC4

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

To move the following Clause—
“Assessment of operation of possession process
(1) The Lord Chancellor must prepare an assessment of the operation of the process by which—
(a) on applications made by landlords, the county court is able to make orders for the possession of dwellings in England that are let under assured and regulated tenancies, and
(b) such orders are enforced.
(2) The Lord Chancellor must publish the assessment at such time, and in such manner, as the Lord Chancellor thinks appropriate.
(3) In this section—
“assured tenancy” means an assured tenancy within the meaning of the 1988 Act;
“dwelling” means a building or part of a building which is occupied or intended to be occupied as a separate dwelling;
“regulated tenancy” means a regulated tenancy within the meaning of the Rent Act 1977.”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment NC5

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

To move the following Clause—
“Repeal of requirement for selective licensing
Part 3 of the Housing Act 2004 (Selective licensing of other residential accommodation) is repealed.”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)

Member's explanatory statement

This new clause would remove the ability of local housing authorities to designate areas as subject to selective licensing.

Opposition Amendment NC6

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

To move the following Clause—
“Limit on rent to be requested in advance of tenancy
In the 1988 Act, after section 14ZB (inserted by section 8 of this Act) insert—
“14ZBA Maximum rent to be paid in advance
No rent may be requested or received in advance of any period of the tenancy which exceeds the rent for one month of the tenancy.””

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)

Member's explanatory statement

This amendment would impose a limit of one month’s rent on the amount of rent which can be asked for or paid in advance of a tenancy.

Opposition Amendment NC7

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

To move the following Clause—
“Impact of Act on provision of short-term lets
The Secretary of State must, within two years of the passing of this Act, publish a review of the impact of sections 1 to 3 on the number of landlords offering properties on short-term lets rather than in the private rented sector.”

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)

Member's explanatory statement

This amendment would require the Secretary of State to review whether the prohibition on fixed term contracts had increased the number of landlords choosing to offer short-term lets instead of letting in the private rented sector.

Amendment NC8

Tabled: 29 Oct 2024
Public Bill Committee Amendments as at 29 October 2024

This amendment was WITHDRAWN

To move the following Clause—
“Guarantor to have no further liability following death of tenant
(1) Subject to subsection (3), a guarantee agreement relating to a relevant tenancy ceases to have effect upon the death of a relevant tenant.
(2) Upon the death of a relevant tenant the guarantor in respect of a relevant tenancy shall incur no further liability in relation to matters arising under the tenancy.
(3) Nothing in this section shall affect the liability of a guarantor in relation to matters which arose before the date of the death of the relevant tenant.
(4) In assessing any liability under subsection (3), account shall be taken of any tenancy deposit paid in respect of the tenancy.
(5) Where there is more than one relevant tenant, this section shall apply only upon the death of both or all of the tenants.
(6) In this section—
a
“guarantor” is a person who enters into a guarantee agreement in relation to a relevant tenancy;
a
“guarantee agreement” is a contractual promise (whether incorporated in or separate from the tenancy agreement) to indemnify or compensate a relevant person in respect of an obligation under the tenancy if the tenant fails to perform or comply with the obligation;
a
“relevant tenancy” has the same meaning as in section 36, and “relevant tenant” is to be interpreted accordingly; and
“tenancy deposit” has the same meaning as in section 212(8) of the Housing Act 2004.”

Type: Backbencher

Signatures: 30

Helen Hayes (Lab - Dulwich and West Norwood) - 29 Oct 2024
Jonathan Brash (Lab - Hartlepool) - 29 Oct 2024
Simon Opher (Lab - Stroud) - 29 Oct 2024
Rachael Maskell (Ind - York Central) - 29 Oct 2024
Stella Creasy (LAB - Walthamstow) - 29 Oct 2024
Paula Barker (Lab - Liverpool Wavertree) - 29 Oct 2024
Andrew Cooper (Lab - Mid Cheshire) - 29 Oct 2024
Alex Ballinger (Lab - Halesowen) - 29 Oct 2024
Charlotte Nichols (Lab - Warrington North) - 29 Oct 2024
Nadia Whittome (Lab - Nottingham East) - 29 Oct 2024
John McDonnell (Lab - Hayes and Harlington) - 29 Oct 2024
Rosie Duffield (Ind - Canterbury) - 29 Oct 2024
Will Stone (Lab - Swindon North) - 29 Oct 2024
Sureena Brackenridge (Lab - Wolverhampton North East) - 29 Oct 2024
Florence Eshalomi (LAB - Vauxhall and Camberwell Green) - 29 Oct 2024
Carla Denyer (Green - Bristol Central) - 29 Oct 2024
Green Spokesperson (Immigration)

Claire Hanna (SDLP - Belfast South and Mid Down) - 29 Oct 2024
Peter Lamb (Lab - Crawley) - 29 Oct 2024
Ian Sollom (LD - St Neots and Mid Cambridgeshire) - 29 Oct 2024
Liberal Democrat Spokesperson (Universities and Skills)

Sammy Wilson (DUP - East Antrim) - 29 Oct 2024
Antonia Bance (Lab - Tipton and Wednesbury) - 29 Oct 2024
Kirith Entwistle (Lab - Bolton North East) - 29 Oct 2024
Edward Morello (LD - West Dorset) - 29 Oct 2024
Paulette Hamilton (Lab - Birmingham Erdington) - 29 Oct 2024
Beccy Cooper (Lab - Worthing West) - 29 Oct 2024
Anna Dixon (Lab - Shipley) - 29 Oct 2024
Jim Dickson (Lab - Dartford) - 29 Oct 2024
Elsie Blundell (Lab - Heywood and Middleton North) - 29 Oct 2024
Bell Ribeiro-Addy (Lab - Clapham and Brixton Hill) - 29 Oct 2024
Gideon Amos (LD - Taunton and Wellington) - 29 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)
Opposition Amendment NC9

Tabled: 01 Nov 2024
Notices of Amendments as at 1 November 2024

This amendment was NOT CALLED

To move the following Clause—
“Changes to discretionary licensing
(1) The Housing Act 2004 is amended as follows.
(2) In section 60(2), omit “five” and insert “ten”.
(3) In section 84(2), omit “five” and insert “ten”.
(4) In section 90(1), at the end of the subsection insert “or its condition and contents”.”

Type: Opposition

Signatures: 1

Carla Denyer (Green - Bristol Central) - 01 Nov 2024
Green Spokesperson (Immigration)

Member's explanatory statement

This new clause would increase the maximum duration of discretionary licensing schemes from five to ten years and would enable local authorities operating selective licensing schemes to use licence conditions to improve housing conditions.

Opposition Amendment NC10

Tabled: 01 Nov 2024
Notices of Amendments as at 1 November 2024

This amendment was WITHDRAWN

To move the following Clause—
“Home adaptations
(1) The Housing Act 1988 is amended as follows.
(2) After section 16 insert—
“16A Home adaptations
(1) It is an implied term of every assured tenancy to which this section applies that a landlord shall give permission for adaptations where a local council has carried out a Home Assessment and recommends adaptations which constitute reasonable adjustments under the Equality Act 2010. Tenants have the right to appeal a landlord’s refusal to adapt a property.
(2) 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.””

Type: Opposition

Signatures: 1

Carla Denyer (Green - Bristol Central) - 01 Nov 2024
Green Spokesperson (Immigration)

Member's explanatory statement

This new clause would ensure that landlords give permission for home adaptations where a Home Assessment has been carried out.

Opposition Amendment NC11

Tabled: 01 Nov 2024
Notices of Amendments as at 1 November 2024

This amendment was WITHDRAWN

To move the following Clause—
“Rent controls
(1) The Secretary of State must establish a body to be known as the Independent Living Rent Body within 12 months of the date of Royal Assent to this Act.
(2) The “proposed rent” referred to in section 55(2) must be no more than an amount set by the Independent Living Rent Body.
(3) The amount referred to in subsection (2) must be calculated as a function of property size, quality, local incomes, location, and such other criteria as the Independent Living Rent Body sees fit.”

Type: Opposition

Signatures: 1

Carla Denyer (Green - Bristol Central) - 01 Nov 2024
Green Spokesperson (Immigration)
Amendment NC12

Tabled: 01 Nov 2024
Notices of Amendments as at 1 November 2024

This amendment was NOT MOVED

To move the following Clause—
“Limit on rent in advance of tenancy
In Schedule 1 to the Tenant Fees Act 2019, after paragraph (1) insert—
“(1A) But if the amount of rent payable in advance of any period of the tenancy exceeds the equivalent of three month’s rent, the amount of the excess is a prohibited payment.””

Type: Backbencher

Signatures: 4

Alex Sobel (LAB - Leeds Central and Headingley) - 01 Nov 2024
Abtisam Mohamed (Lab - Sheffield Central) - 01 Nov 2024
Stella Creasy (LAB - Walthamstow) - 01 Nov 2024
Nadia Whittome (Lab - Nottingham East) - 01 Nov 2024

Member's explanatory statement

This new clause renders it unlawful for a landlord to demand or accept more than three month’s rent in advance in respect of a tenancy or licence of residential accommodation.

Amendment NC13

Tabled: 01 Nov 2024
Notices of Amendments as at 1 November 2024

This amendment was NOT MOVED

To move the following Clause—
“Signature of lease for student accommodation
Where a tenant meets the student test set out in paragraph 10 of Schedule 1, the relevant tenancy agreement may not be signed before 1 March in the year in which the tenancy is intended to take effect.”

Type: Backbencher

Signatures: 3

Alex Sobel (LAB - Leeds Central and Headingley) - 01 Nov 2024
Stella Creasy (LAB - Walthamstow) - 01 Nov 2024
Nadia Whittome (Lab - Nottingham East) - 01 Nov 2024

Member's explanatory statement

This new clause would prevent student leases being signed before March in the year in which they are intended to commence.

Amendment NC14

Tabled: 01 Nov 2024
Notices of Amendments as at 1 November 2024

This amendment was NOT CALLED

To move the following Clause—
“Restrictions on the requirement for tenants to provide a guarantor
(1) A relevant person must not, in any of the circumstances set out in subsection (3),require a person, as a condition of the grant of a relevant tenancy, to provide a guarantor in relation to the observance or performance of the tenant’s obligations under the tenancy.
(2) For the purposes of this Act, requiring a person to provide a guarantor includes accepting an offer by that person to provide a guarantor.
(3) The circumstances are—
(a) that the person has paid a tenancy deposit or has been assisted under a deposit scheme;
(b) that the person is required to pay rent in advance equivalent to one month’s rent or more;
(c) that on a reasonable assessment of their means the person’s income (including state benefits received and any other lawful source of income) is sufficient to enable them to pay the full rent due under the tenancy;
(d) that arrangements will be made for housing benefit or the housing element of universal credit to be paid directly in respect of rent to the relevant person;
(e) that the relevant person has entered into a contract of insurance under which they are insured against non-payment of rent; or
(f) such other circumstances as may be prescribed in regulations made by the Secretary of State.
(4) In any other case where a relevant person lawfully requires a person, as a condition of the grant of a relevant tenancy, to provide a guarantor, the sum for which the guarantor may become liable under the relevant guarantee shall not exceed a sum equal to six months’ rent.
(5) In any case where a relevant person requires a tenant, as a condition of the grant of a relevant joint tenancy, to provide a guarantor, the sum claimed under the guarantee shall not exceed such proportion of the loss as is attributable to the act or default of the individual tenant on whose behalf the guarantee was given; and if such proportion cannot be proved, shall not exceed the sum obtained by dividing the total loss by the number of tenants.
(6) In this section—
“guarantor” is a person who enters into a guarantee in relation to a relevant tenancy;
“guarantee” is a contractual promise to be responsible for the performance of an obligation owed by the tenant to a relevant person under the tenancy if the tenant fails to perform the obligation;
“deposit scheme” includes a scheme whereby a sum payable by way of depositor a bond or guarantee is provided by a local authority, registered charity or voluntary organisation for the purpose of providing security to a landlord for the performance of a tenant’s obligations under a tenancy;
“tenancy deposit” has the same meaning as in section 212(8) of the Housing Act 2004.”

Type: Backbencher

Signatures: 6

Alex Sobel (LAB - Leeds Central and Headingley) - 01 Nov 2024
Abtisam Mohamed (Lab - Sheffield Central) - 01 Nov 2024
Ruth Jones (Lab - Newport West and Islwyn) - 01 Nov 2024
Stella Creasy (LAB - Walthamstow) - 01 Nov 2024
Carla Denyer (Green - Bristol Central) - 01 Nov 2024
Green Spokesperson (Immigration)

Nadia Whittome (Lab - Nottingham East) - 01 Nov 2024

Member's explanatory statement

This new clause would restrict the circumstances in which a landlord can request a guarantor.

Opposition Amendment 48

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 1, page 1, line 13, at end insert “unless the tenant meets the student test where the tenancy is entered into.
(1A) For the purposes of this section, a tenant who meets the student test when a tenancy is entered into has the same meaning as in Ground 4A.”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 54

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 1, page 1, line 13, at end insert—
“, unless the landlord and the tenant mutually agree to have a fixed term during which period the landlord agrees to suspend the ability to seek possession under Ground 1 (Occupation by landlord or family), Ground 1A (Sale of dwelling-house) or Ground 6 (Redevelopment) of Schedule 2.
(1A) During a fixed term tenancy agreed under subsection (1) the landlord shall not be entitled to increase the rent as provided for by section 13.”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 73

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 4, page 4, leave out lines 35 to 37 and insert—
“(a) omit subsection (3);
(b) in subsection (4)—
(i) omit “Part II of”; and
(ii) omit “, subject to subsections (5A) and (6) below,”

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)

Member's explanatory statement

This amendment would make all grounds for repossession discretionary.

Opposition Amendment 68

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 4, page 5, line 40, at end insert—
“(fa) after subsection (5A), insert—
“(5B) Where the court makes an order for possession on grounds 1 or 1A in Schedule 2 to this Act (whether with or without other grounds), the order shall include a requirement on the landlord to file and serve evidence no later than sixteen weeks from the date of the order.
(5C) Evidence provided under subsection (5B) must—
(a) provide details of—
(i) the state of occupation of the dwelling-house since the date of the order, and
(ii) the progress of any sale of the dwelling-house, and
(b) be accompanied by a statement of truth signed by the landlord.””

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)
Opposition Amendment 69

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 4, page 5, line 41, at end insert—
“(2A) After section 7, insert—
“7A Evidential requirements for Grounds 1 and 1A
(1) The court shall not make an order for possession on grounds 1 or 1A in Schedule 2 to this Act unless the landlord has complied with subsections (2) to (4) below.
(2) Where the landlord has served a notice for possession on grounds 1 or 1A, the court must be provided with evidence verified by a statement of truth signed by the landlord.
(3) Where the landlord has served a notice for possession on ground 1 and the dwelling house is required by a member of the landlord’s family as defined in paragraphs 2(b) to (d) of that ground, the court must be provided with evidence verified by a statement of truth signed by that family member.
(4) Where the landlord has served a notice for possession on ground 1A, the evidence referred to in sub-section (2) must include a letter of engagement from a solicitor or estate agent concerning the sale of the dwelling house.””

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)
Opposition Amendment 56

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 4, page 6, line 14, leave out “1A,”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 70

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 4, page 6, line 15, leave out “4A,”

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)
Opposition Amendment 57

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 4, page 6, line 16, at beginning insert “1A,”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 71

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 4, page 6, line 20, after “4,” insert “4A,”

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)
Sponsor Amendment 1

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Clause 4, page 7, line 6, at end insert—
“(5) After section 11 of the 1988 Act insert—
“11A Possession on ground 6A: compensation of tenant
(1) This section applies where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6A in Schedule 2 to this Act (whether or not the order is also made on any other ground).
(2) The court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order for possession.
(3) In deciding whether to make an order under this section, and what compensation to order, the court must (in particular) take into account the circumstances which led to Ground 6A being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6A being available).””

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This gives the court power to order the landlord to pay compensation to the tenant where possession is obtained on Ground 6A (failure of premises to comply with planning requirements etc).

Opposition Amendment 76

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 7, page 8, line 31, leave out from “determination” to the end of line 36 and insert—
“(4AA) Where the rent for a particular period of the tenancy is to be greater than the rent for the previous period by virtue of a notice, determination or agreement mentioned in subsection (4A), the rent may not be greater than the rent for the previous period increased by the Bank of England Base Rate.
(4AB) Any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides—
(a) 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 subsection (4A), or
(b) that the rent for a particular period of the tenancy, where greater than the rent for the previous period by virtue of a notice, determination or agreement mentioned in subsection (4A), must or may be greater than the rent for the previous period increased by the Bank of England Base Rate.”

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)

Member's explanatory statement

This amendment would mean that the maximum rent increase can only be an increase in line with the Bank of England Base Rate.

Opposition Amendment 52

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 8, page 11, line 38, leave out from “date” to end of the line and insert “of the application under section 14(A1)”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 50

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 8, page 11, line 39, leave out from “is” to “the tenancy rent” in line 2 on page 12

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 53

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 8, page 12, line 24, leave out from “13A(2)” to the end of line 32 and insert—
“or
(b) a date that the appropriate tribunal directs, if it appears to the tribunal that applying paragraph (a) would cause undue hardship to the tenant.”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 51

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 8, page 12, line 35, leave out from “is” to “the proposed rent” in line 37

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 47

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 8, page 13, line 6, at end insert—
“(12) The Secretary of State must—
(a) conduct a review of—
(i) the impact of this section on the tribunals responsible for the determination of rent, and
(ii) the ability of tribunals to manage an increase in applications for a review of a proposed rent increase; and
(b) consult with the Competition and Markets Authority on any measures necessary to ensure that tribunals are able to assess market rents without having a distorting effect on the market.
(13) The Secretary of State must lay the review made under subsection (12) and the Government’s response to the review before Parliament.”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 75

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 8, page 13, line 6, at end insert—
“(12) The Secretary of State must consult on—
(a) the adequacy of the existing resources of the tribunals responsible for the determination of rent;
(b) the need of the tribunals for further resources to manage an increase in applications for a review of a proposed rent increase.”

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)

Member's explanatory statement

This amendment would require the Secretary of State to consult on whether tribunals responsible for the determination of rents are appropriately resourced to manage any additional workload arising from this Bill.

Opposition Amendment 55

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 11, page 16, line 13, at end insert—
“(4) The Secretary of State must consult with representatives of the insurance sector before this section comes into effect to ensure that appropriate insurance products are available for tenants whose landlords have required insurance as a condition for consenting to the keeping of a pet.”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Sponsor Amendment 10

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Clause 12, page 17, line 7, leave out “subsection (5)” insert “subsections (5) and (5A)”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This amendment is consequential on Amendment 11

Sponsor Amendment 11

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Clause 12, page 17, line 16, at end insert—
“(5A) Where a tenancy becomes a tenancy to which this section applies by virtue of section 143C(3) of the Housing Act 1996 (demoted tenancies: change of landlord), the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the new landlord becomes the landlord under the tenancy.”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This creates an exception from the new duty, inserted by clause 12 of the Bill into the Housing Act 1988, for a landlord to provide a written statement of certain matters before entering into an assured tenancy, so that the landlord of a tenancy which becomes an assured tenancy following the transfer of a demoted tenancy under the Housing Act 1996 has 28 days from becoming the landlord of the tenancy to fulfil those duties.

Opposition Amendment 49

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 19, page 31, line 19, leave out from “substitute–“ to end of line 34 and insert—
““(b) it satisfies—
(i) subsection (1ZA), if it is given by a tenant in relation to premises let under an assured tenancy, or
(ii) subsection (1ZC) in any other case; 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).”
(3) After subsection (1) insert—
“(1ZA) A notice to quit satisfies this subsection if—
(a) it is given not less than—
(i) 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), two months before the date on which the notice is to take effect, and
(b) it is in relation to premises let under a repeat tenancy or, if it is in relation to premises let under any other assured tenancy, it is to take effect—
(i) no earlier than any time, within the period of six months beginning with the day on which the terms of the tenancy provide for the tenancy to begin, that the landlord has agreed to in writing, or
(ii) in the absence of agreement under sub-paragraph (i), on or after the last day of the period mentioned in that sub-paragraph.
(1ZB) In subsection (1ZA)(b) “repeat tenancy” means an assured tenancy under which the tenant becomes entitled to possession of the premises within the period of one month beginning with the day after the last day of a previous assured tenancy—
(a) under which the same premises were let, and
(b) which was between the same parties.
(1ZC) A notice to quit satisfies this subsection if it is given not less than four weeks before the date on which it is to take effect.””

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 66

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 19, page 31, line 31, at end insert—
“(aa) where it is given by a tenant who meets the student test under Ground 4A, not less than ten months before the date on which the notice is to take effect;”

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)
Opposition Amendment 67

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Clause 19, page 31, line 31, at end insert—
“(aa) where it is given by a tenant in relation to a premises in which they are the first tenants since its construction, not less than twenty-four months before the date on which the notice is to take effect;”

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)
Opposition Amendment 80

Tabled: 30 Oct 2024
Notices of Amendments as at 30 October 2024

This amendment was NOT SELECTED

Clause 39, page 46, line 41, leave out “£7,000” and insert “£15,000”

Type: Opposition

Signatures: 1

Carla Denyer (Green - Bristol Central) - 30 Oct 2024
Green Spokesperson (Immigration)

Member's explanatory statement

This amendment would increase the maximum financial penalty for breach of the anti-discrimination provisions to £15,000.

Opposition Amendment 78

Tabled: 28 Oct 2024
Notices of Amendments as at 28 October 2024

This amendment was NOT CALLED

Clause 39, page 47, line 3, at end insert—
“(6A) On recovering a financial penalty imposed under this section, a local housing authority shall pay 20% of the recovered penalty to the person who was the subject of the discrimination.
(6B) Where the person who was the subject of the discrimination complains to the relevant landlord redress scheme about the same discriminatory behaviour, the scheme provider shall take into account any sum paid or payable to that person under subsection (6A) in assessing any further award of compensation which the relevant person is directed to pay to that person under the scheme.”

Type: Opposition

Signatures: 1

Carla Denyer (Green - Bristol Central) - 28 Oct 2024
Green Spokesperson (Immigration)

Member's explanatory statement

This amendment provides a mechanism for a complainant to receive a portion of the financial penalty imposed by a local housing authority as compensation for being discriminated against.

Opposition Amendment 44

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 57, page 79, line 31, after “section 1” insert—
“—
(a) in subsection (4)(a), omit “the prescribed sum” and insert “£60,000”;

Type: Opposition

Signatures: 1

Carla Denyer (Green - Bristol Central) - 25 Oct 2024
Green Spokesperson (Immigration)

Member's explanatory statement

This amendment increases the maximum fine for illegal evictions under the Protection from Eviction Act 1977 to £60,000.

Sponsor Amendment 22

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Clause 59, page 84, line 23, leave out from “in” to end of line 25 and insert “section 13(1A), (1AA) or (1AB);”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This adds a reference to the new subsection (1AA) which will be inserted into section 13 of the Landlord and Tenant Act 1985 by clause 30(3)(b)(ii).

Opposition Amendment 65

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Clause 62, page 89, line 25, after “residential landlord” insert “, whose property is not managed by an agent who is a member of an independent redress scheme approved by the Secretary of State,

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)

Member's explanatory statement

This amendment would only require a residential landlord to be a member of the landlord redress scheme introduced by Clause 62 if their tenant does not already have access to one by virtue of the landlord using an agent who is a member of another approved independent redress scheme.

Sponsor Amendment 23

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Clause 62, page 90, line 16, at end insert—
“(4A) Regulations under subsection (1) may require a person—
(a) to provide relevant property information to the administrator of a landlord redress scheme, on applying to become a member of the scheme;
(b) at any time after becoming a member of a landlord redress scheme, to notify the administrator of the scheme of any change to relevant property information previously provided by the person as soon as reasonably practicable, or within a period, as specified in the regulations.
(4B) For the purposes of subsection (4A), “relevant property information” means such information as may be specified in the regulations relating to—
(a) any residential tenancy under which the person is the residential landlord;
(b) any dwelling which is proposed to be marketed for the purpose of creating a residential tenancy under which the person will be the residential landlord.”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This enables regulations made under clause 62 (landlord redress schemes) to require a person on applying to join a landlord redress scheme to provide certain information about residential tenancies of which they are the landlord, or dwellings that will be marketed for the purpose of becoming residential tenancies of which they will be the landlord. There is also a separate duty to notify the scheme administrator of any changes to such information.

Opposition Amendment 81

Tabled: 01 Nov 2024
Notices of Amendments as at 1 November 2024

NO DECISION has been made on this amendment

Clause 75, page 100, line 22, at end insert—
“(2A) Information or documents to be provided under regulations under subsection (2) must include—
(a) in respect of a landlord entry—
(i) the address and contact details of the landlord;
(ii) the address and contact details of any managing agent;
(iii) details of each rented property owned by the landlord;
(iv) details of any enforcement action under landlord and tenant law that the local authority has taken against the landlord;
(v) details of any enforcement action under landlord and tenant law that the local authority has taken against any managing agent;
(vi) details of any banning orders or rent repayment orders that have been made against the landlord;
(vii) details of any reports that the landlord has failed to carry out works necessary to remedy any breaches within the timeframes set out by Regulations made by the Secretary of State under s.10A(3) Landlord & Tenant Act 1985;
(b) in respect of a dwelling entry—
(i) the address and contact details of the landlord;
(ii) the address and contact details of any managing agent;
(iii) details of any notices given to any previous tenant under section 8 of the Housing Act 1988, including the grounds relied upon;
(iv) details of the rent that was payable at the commencement of the tenancy;
(v) details of any increases in rent in relation to any previous tenancy;
(vi) details of energy performance certificates required by regulation 6(5) of the Energy Performance of Buildings (England and Wales) Regulations 2012;
(vii) details of gas safety certificates required by regulation 36 of the Gas Safety (Installation and Use) Regulations 1998;
(viii) details of electrical safety reports required by the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2010;
(ix) details of checks required under Regulation 4(1)(b) of the Smoke and Carbon Monoxide Alarm (England) Regulations 2015; and
(x) details of any features of the dwelling relevant to people with disabilities.”

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 01 Nov 2024
Liberal Democrat Spokesperson (Housing and Communities)
Opposition Amendment 77

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Schedule 1, page 155, line 6, at end insert—
“(1A) In the heading of Part 1, omit “must” and insert “may”.
(1B) Omit the heading of Part II.”

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 25 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)

Member's explanatory statement

This amendment would make all grounds for repossession discretionary.

Opposition Amendment 42

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Schedule 1, page 155, line 9, leave out “1 year” and insert “2 years”

Type: Opposition

Signatures: 1

Carla Denyer (Green - Bristol Central) - 25 Oct 2024
Green Spokesperson (Immigration)

Member's explanatory statement

This amendment would increase the minimum period before a landlord can use certain grounds for possession from 12 months to 2 years.

Opposition Amendment 58

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Schedule 1, page 156, leave out lines 14 to 16

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 43

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Schedule 1, page 156, line 15, leave out “1 year” and insert “2 years”

Type: Opposition

Signatures: 1

Carla Denyer (Green - Bristol Central) - 25 Oct 2024
Green Spokesperson (Immigration)

Member's explanatory statement

This amendment would increase the minimum period before a landlord can use certain grounds for possession from 12 months to 2 years.

Sponsor Amendment 2

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 1, page 157, leave out line 13

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This allows Ground 1B to be used to obtain possession whenever the landlord intends to grant an assured tenancy to another person (whether or not it is to be granted pursuant to a rent-to-buy agreement).

Sponsor Amendment 3

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 1, page 157, leave out line 30

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This leaves the definition of “market rent” out of Ground 1B, as it is superseded by Amendment 4.

Sponsor Amendment 4

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 1, page 157, line 33, after “rent” insert “(and here "rent" and "market rent" include any amount payable by way of service charge)”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This ensures that any service charge is taken into account in both the rent and the market rent (when determining whether the rent is higher than 80% of the market rent).

Sponsor Amendment 5

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 1, page 165, line 18, leave out from “than” to “, and” in line 22 and insert “80% of market rent (and here "rent" and "market rent" include any amount payable by way of service charge)”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This replaces the term “affordable rent” with a reference to rent that is no more than 80% of the market rent.

Opposition Amendment 60

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Schedule 1, page 168, line 26, at end insert—
“20A After Ground 6 insert—
“Ground 6ZA
The landlord or superior landlord who is seeking possession intends to undertake such works as are necessary to ensure that the property meets the standards set out by regulations under section 2A of the Housing Act 2004 and the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because—
(a) the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out, or
(b) the nature of the intended work is such that no such variation is practicable, or
(c) the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of his landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or
(d) the nature of the intended work is such that such a tenancy is not practicable.””

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Sponsor Amendment 6

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 1, page 168, line 30, leave out “situations has occurred” and insert “applies”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This changes the opening wording so that it works better with the provision which follows.

Sponsor Amendment 7

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 1, page 169, line 30, at end insert—
“(g) compliance with a planning enforcement notice or injunction would be, or is, incompatible with continued occupation of the dwelling-house by the tenant.”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This enables the landlord to obtain possession where planning enforcement action has been taken and compliance with that action would be incompatible with continued occupation under the tenancy.

Sponsor Amendment 8

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 1, page 169, line 37, at end insert—
““planning enforcement notice or injunction” means—
(a) an enforcement notice issued under section 172 or 182 of the TCPA 1990 that has taken effect,
(b) a breach of condition notice served under section 187A of the TCPA 1990,
(c) an injunction granted under section 187B of the TCPA 1990,
(d) a listed building enforcement notice issued under section 38, 45 or 46 of the P(LBCA)A 1990 that has taken effect, or
(e) an injunction granted under section 44A of the P(LBCA)A 1990;
“P(LBCA)A 1990” means the Planning (Listed Building and Conservation Areas) Act 1990;
“TCPA 1990” means the Town and Country Planning Act 1990;”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This defines the term “planning enforcement notice or injunction” which is used in Amendment 7.

Opposition Amendment 62

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Schedule 1, page 170, line 3, at end insert—
“(za) for the first unnumbered paragraph, substitute—

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 63

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was NOT CALLED

Schedule 1, page 170, line 6, at end insert—
“(ba) in paragraph (b), at end insert “and at the date of the hearing any rent is unpaid.””

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 59

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Schedule 1, page 170, line 13, at end insert—
“23A After Ground 8 insert—
“Ground 8A
The landlord who is seeking possession, or, in the case of joint landlords seeking possession for at least one of them, requires the dwelling-house for the purposes of providing care to—
(a) a person under the age of 18;
(b) a person who has a disability under section 6 of the Equality Act 2010; or
(c) a person who requires personal care on the grounds of age, illness or injury.””

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Opposition Amendment 61

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

This amendment was WITHDRAWN

Schedule 1, page 170, line 13, at end insert—
“23A In Ground 14, in each of paragraphs (a) and (aa), for “likely to cause” substitute “capable of causing”

Type: Opposition

Signatures: 1

David Simmonds (Con - Ruislip, Northwood and Pinner) - 25 Oct 2024
Opposition Whip (Commons)
Sponsor Amendment 9

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 1, page 172, leave out lines 29 to 32

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This is in consequence of Amendment 5.

Sponsor Amendment 12

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 2, page 174, line 29 at end insert—
“Greater London Council (General Powers) Act 1973
7A In section 25 of the Greater London Council (General Powers) Act 1973 (provision of temporary sleeping accommodation to constitute material change of use), in subsection (2)—
(a) in paragraph (a), after “person” insert “otherwise than under or by virtue of an assured tenancy”;
(b) after that paragraph insert—
“(aa) “assured tenancy” means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988;””

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This creates an exception to the restriction on the provision of temporary sleeping accommodation in residential premises in Greater London for less than 90 days, where occupation of such accommodation is under or by virtue of an assured tenancy agreement.

Sponsor Amendment 13

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 2, page 174, line 31, leave out paragraph 8 and insert—
“8 The Housing Act 1985 is amended as follows.
8A In section 81ZA (grant of secure tenancies in cases of domestic abuse), in subsection (4), in the definition of “qualifying tenancy”, in paragraph (b), omit sub-paragraph (i).
8B In section 81B (cases where old-style English secure tenancies may be granted), in subsection (2C), in the definition of “qualifying tenancy”, in paragraph (b), omit “which is not an assured shorthold tenancy and”
8C In section 82A (demotion because of anti-social behaviour)—
(a) in subsection (1), omit paragraphs (ba) and (c);
(b) in subsection (8), omit paragraph (b).
8D In section 171B (extent of preserved right), omit subsection (1A).
8E In Schedule 3 (grounds for withholding consent to assignment by way of exchange), in ground 2A, in the definition of “demotion order”, omit “or section 6A of the Housing Act 1988”.”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This adds further amendments to the Housing Act 1985 to remove the power of private registered providers of social housing and registered social landlords to apply for demotion orders relating to secure tenancies (new paragraph 8C(a)) and otherwise in consequence of the changes made by Part 1 of the Bill.

Opposition Amendment 74

Tabled: 28 Oct 2024
Notices of Amendments as at 28 October 2024

This amendment was NOT CALLED

Schedule 2, page 175, line 40, leave out from “claims),” to the end of line 41 and insert “omit subsection (6)”

Type: Opposition

Signatures: 1

Gideon Amos (LD - Taunton and Wellington) - 28 Oct 2024
Liberal Democrat Spokesperson (Housing and Communities)

Member's explanatory statement

This amendment would make all grounds for repossession discretionary.

Sponsor Amendment 14

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 2, page 176, line 2, at end insert—
“17A In section 15 (limited prohibition on assignment etc. without consent), in subsection (3), omit “a statutory periodic tenancy or”.
17B In section 17 (succession to assured tenancy)—
(a) in subsection (1)(a), omit “periodic”;
(b) in subsection (1A)(a), omit “periodic”;
(c) omit subsection (1B);
(d) omit subsection (1C);
(e) in subsection (1D), for “, (1A), (1B) or (1C)” substitute “or (1A)”;
(f) in subsection (5), omit “or (1B)(c) above”;
(g) in subsection (6), omit “, (1C)”;
(h) omit subsection (7).”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This makes further amendments to the Housing Act 1988 to take account of changes made by Part 1 of the Bill.

Sponsor Amendment 15

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 2, page 176, line 17, leave out paragraph 21 and insert—
““21 (1)Section 39 (statutory tenants: succession) is amended as follows.
(2)In subsection (5), in the words after paragraph (b), omit “periodic”.
(3)In subsection (6)—
(a)in the words before paragraph (a), omit “periodic”;
(b)in paragraph (d), after the second “tenancy” insert “(but this is subject to section 4A)”;
(c)in paragraph (e), for “sections 13 to 15” substitute “sections 13 to 16C”;
(d)omit paragraph (f).
(4)Omit subsection (7).
(5)In subsection (8)—
(a)omit “periodic”;
(b)after “above)” insert “; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled”.
(6)For subsection (9) substitute—
(9)Where, immediately before the predecessor’s death, the predecessor was a tenant under a fixed term tenancy (the “former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor’s death (the “new tenancy”)—
(a)not later than the first anniversary of the date of the predecessor’s death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)—
(i)proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the “implied terms”), and
(ii)if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms;
(b)where a notice of variation has been served under paragraph (a)—
(i)within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and
(ii)if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed;
(c)where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal's opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy—
(i)which begins on the date of the predecessor’s death, and
(ii)which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal's consideration;
(d)whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined;
(e)in making a determination under paragraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant;
(f)where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct—
(i)the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and
(ii)the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal;
but for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation;
(g)nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.””

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This makes consequential amendments of section 39 of the Housing Act 1988.

Sponsor Amendment 16

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 2, page 176, line 37, at end insert—
“30A In section 124 (introductory tenancies), in subsection (2)(b), omit “, other than an assured shorthold tenancy,”.
30B In section 125 (duration of introductory tenancy)—
(a) in subsection (3), omit “, or a relevant assured shorthold tenancy,”;
(b) omit subsection (3A).”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This adds further amendments to the Housing Act 1996 relating to introductory tenancies to take account of the changes made by Part 1 of the Bill.

Sponsor Amendment 17

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 2, page 177, line 2, at end insert—
“31A In section 143C (change of landlord), in subsection (3), omit “shorthold”.”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This adds further amendments to the Housing Act 1996 relating to demoted tenancies to take account of the changes made by Part 1 of the Bill.

Sponsor Amendment 18

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 2, page 178, line 23, at end insert—
“(c) in Schedule 1 (demoted tenancies), omit paragraph 2(3).”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This amends Schedule 1 to the Anti-social Behaviour Act 2003 in consequence of the amendment made to section 171B of the Housing Act 1985 by Amendment 13.

Sponsor Amendment 19

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 2, page 178, leave out lines 25 to 27 and insert—
“45 The Housing Act 2004 is amended as follows.
46 Omit section 75.
47 Omit section 98.
48 In section 116 (general effect of final management orders), in subsection (4)—
(a) in paragraph (a)(ii), omit “(subject to paragraph (b))”;
(b) for paragraph (b) substitute—
“(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of Part 1 of the Housing Act 1988.”
49 In section 136 (making of final EDMOs), in subsection (5), before paragraph (a) insert—
“(aa) paragraph 2 is to be read as requiring the notice under paragraph 1 to also set out the rights and powers of the authority under paragraph 10(3) of Schedule 7 in connection with a dwelling in relation to which a final EDMO is in force;”.
50 In Schedule 7 (general effect of final EDMOs), in paragraph 10(4)—
(a) in paragraph (a)(ii) omit “(subject to paragraph (b))”;
(b) for paragraph (b) substitute—
“(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of the Housing Act 1988.””

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This replaces the amendments to the Housing Act 2004 and adds new amendments to the provisions in that Act relating to management orders to take account of the changes made by Part 1 of the Bill.

Sponsor Amendment 20

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 2, page 179, line 4, at end insert—
“(ba) in section 158 (secure and assured tenancies: transfer of tenancy)—
(i) omit subsection (3)(b)(i) and the “and” after it;
(ii) omit subsection (4)(b) and the “or” before it;
(iii) in subsection (8)(b), omit the words “that is not an assured shorthold tenancy”;
(iv) in subsection (9)(b), omit the words “that is not an assured shorthold tenancy”;
(v) in subsection (10), omit “shorthold”;
(bb) in section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(c), for “and “assured shorthold tenancy” have” substitute “has”;”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This adds further amendments to the Localism Act 2011 in relation to the transfer of tenancies to take account of the changes made by Part 1 of the Bill.

Sponsor Amendment 21

Tabled: 23 Oct 2024
Notices of Amendments as at 23 October 2024

This amendment was AGREED

Schedule 2, page 179, line 8, at end insert—
“(ea) in section 184 (tenancy deposit schemes), omit subsections (10) to (13);”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 23 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 23 Oct 2024
Minister of State (Housing, Communities and Local Government)

Member's explanatory statement

This repeals section 184(10) to (13) of the Localism Act 2011. The repealed provision amends section 215 of the Housing Act 2004 (which is replaced by clause 25(5) of the Bill).

Sponsor Amendment Gov 1

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Clause 4, page 7, line 6, at end insert-"(5) After section 11 of the 1988 Act insert-"11A Possession on ground 6A: compensation of tenant(1) This section applies where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6A in Schedule 2 to this Act (whether or not the order is also made on any other ground).(2) The court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order for possession.(3) In deciding whether to make an order under this section, and what compensation to order, the court must (in particular) take into account the circumstances which led to Ground 6A being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6A being available).""

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 2

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 1, page 157, leave out line 13

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 3

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 1, page 157, leave out line 30

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 4

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 1, page 157, line 33, after "rent” insert "(and here "rent" and "market rent" include any amount payable by way of service charge)"

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 5

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 1, page 165, line 18, leave out from “than” to “, and” in line 22 and insert "80% of market rent (and here "rent" and "market rent" include any amount payable by way of service charge)”

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 6

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 1, page 168, line 30, leave out “situations has occurred” and insert "applies”

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 7

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 1, page 169, line 30, at end insert— “(g) compliance with a planning enforcement notice or injunction would be, or is, incompatible with continued occupation of the dwelling-house by the tenant."

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 8

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 1, page 169, line 37, at end insert- ""planning enforcement notice or injunction” means— (a) an enforcement notice issued under section 172 or 182 of the TCPA 1990 that has taken effect, (b) a breach of condition notice served under section 187A of the TCPA 1990, (c) an injunction granted under section 187B of the TCPA 1990, (d) a listed building enforcement notice issued under section 38, 45 or 46 of the P(LBCA)A 1990 that has taken effect, or (e) an injunction granted under section 44A of the P(LBCA)A 1990; “P(LBCA)A 1990" means the Planning (Listed Building and Conservation Areas) Act 1990; “TCPA 1990” means the Town and Country Planning Act 1990;”

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 9

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 1, page 172, leave out lines 29 to 32

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 10

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Clause 12, page 17, line 7, leave out "subsection (5)” insert "subsections (5) and (5A)"

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 11

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Clause 12, page 17, line 16, at end insert- "(5A) Where a tenancy becomes a tenancy to which this section applies by virtue of section 143C(3) of the Housing Act 1996 (demoted tenancies: change of landlord), the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the new landlord becomes the landlord under the tenancy."

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 12

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 2, page 174, line 29 at end insert— "Greater London Council (General Powers) Act 1973 7A In section 25 of the Greater London Council (General Powers) Act 1973 (provision of temporary sleeping accommodation to constitute material change of use), in subsection (2)— (a) in paragraph (a), after “person” insert “otherwise than under or by virtue of an assured tenancy”; (b) after that paragraph insert— “(aa) "assured tenancy” means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988;””

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 13

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 2, page 174, line 31, leave out paragraph 8 and insert— "8 The Housing Act 1985 is amended as follows. 8A In section 81ZA (grant of secure tenancies in cases of domestic abuse), in subsection (4), in the definition of “qualifying tenancy”, in paragraph (b), omit sub-paragraph (i). 8B In section 81B (cases where old-style English secure tenancies may be granted), in subsection (2C), in the definition of “qualifying tenancy”, in paragraph (b), omit “which is not an assured shorthold tenancy and” 8C In section 82A (demotion because of anti-social behaviour)— (a) in subsection (1), omit paragraphs (ba) and (c); (b) in subsection (8), omit paragraph (b). 8D In section 171B (extent of preserved right), omit subsection (1A)."

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 14

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 2, page 176, line 2, at end insert- "17A In section 15 (limited prohibition on assignment etc. without consent), in subsection (3), omit “a statutory periodic tenancy or”. 17B In section 17 (succession to assured tenancy)— (a) in subsection (1)(a), omit "periodic"; (b) in subsection (1A)(a), omit "periodic"; (c) omit subsection (1B); (d) omit subsection (1C); (e) in subsection (1D), for “, (1A), (1B) or (1C)" substitute “or (1A)"; (f) in subsection (5), omit “or (1B)(c) above"; (g) in subsection (6), omit “, (1C)”; (h) omit subsection (7).”

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 15

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 2, page 176, line 17, leave out paragraph 21 and insert— "21(1) Section 39 (statutory tenants: succession) is amended as follows. (2) In subsection (5), in the words after paragraph (b), omit "periodic". (3) In subsection (6)— (a) in the words before paragraph (a), omit “periodic”; (b) in paragraph (d), after the second “tenancy” insert “(but this is subject to section 4A)"; (c) in paragraph (e), for “sections 13 to 15″ substitute “sections 13 to 16C"; (d) omit paragraph (f). (4) Omit subsection (7). (5) In subsection (8)— (a) omit "periodic"; (b) after "above)” insert “; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled”. (6) For subsection (9) substitute— "(9) Where, immediately before the predecessor's death, the predecessor was a tenant under a fixed term tenancy (the "former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor's death (the "new tenancy”)— (a) not later than the first anniversary of the date of the predecessor's death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)— (i) proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the "implied terms”), and (ii) if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms; (b) where a notice of variation has been served under paragraph (a)- (i) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and (ii) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed; (c) where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal's opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy- (i) which begins on the date of the predecessor's death, and (ii) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal's consideration; (d) whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined; (e) in making a determination under paragraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant; (f) where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct- (i) the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and (ii) the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal; but for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation; (g) nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.""

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 16

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 2, page 176, line 37, at end insert— "30A In section 124 (introductory tenancies), in subsection (2)(b), omit “, other than an assured shorthold tenancy,”. 30B In section 125 (duration of introductory tenancy)— (a) in subsection (3), omit “, or a relevant assured shorthold tenancy,”; (b) omit subsection (3A).”

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 17

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 2, page 177, line 2, at end insert— "31A In section 143C (change of landlord), in subsection (3), omit “shorthold”."

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 18

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 2, page 178, line 23, at end insert— “(c) in Schedule 1 (demoted tenancies), omit paragraph 2(3).”

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 19

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 2, page 178, leave out lines 25 to 27 and insert— "45 The Housing Act 2004 is amended as follows. 46 Omit section 75. 47 Omit section 98. 48 In section 116 (general effect of final management orders), in subsection (4)— (a) in paragraph (a)(ii), omit “(subject to paragraph (b))”; (b) for paragraph (b) substitute— “(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of Part 1 of the Housing Act 1988." 49 In section 136 (making of final EDMOs), in subsection (5), before paragraph (a) insert— “(aa) paragraph 2 is to be read as requiring the notice under paragraph 1 to also set out the rights and powers of the authority under paragraph 10(3) of Schedule 7 in connection with a dwelling in relation to which a final EDMO is in force;”. 50 In Schedule 7 (general effect of final EDMOs), in paragraph 10(4)— (a) in paragraph (a)(ii), omit “(subject to paragraph (b))”; (b) for paragraph (b) substitute— “(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of the Housing Act 1988.""

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 20

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 2, page 179, line 4, at end insert— “(ba) in section 158 (secure and assured tenancies: transfer of tenancy)— (i) omit subsection (3)(b)(i) and the "and" after it; (ii) omit subsection (4)(b) and the “or” before it; (iii) in subsection (8)(b), omit the words "that is not an assured shorthold tenancy”; (iv) in subsection (9)(b), omit the words "that is not an assured shorthold tenancy”; (v) in subsection (10), omit "shorthold"; (bb) in section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(c), for “and “assured shorthold tenancy” have” substitute “has”;”

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 21

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 2, page 179, line 8, at end insert— “(ea) in section 184 (tenancy deposit schemes), omit subsections (10) to (13);”

Type: Backbencher

Signatures: 1

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Sponsor Amendment Gov 22

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Clause 59, page 84, line 23, leave out from “in” to end of line 25 and insert “section 13(1A), (1AA) or (1AB);”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 23

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Clause 62, page 90, line 16, at end insert- "(4A) Regulations under subsection (1) may require a person- (a) to provide relevant property information to the administrator of a landlord redress scheme, on applying to become a member of the scheme; (b) at any time after becoming a member of a landlord redress scheme, to notify the administrator of the scheme of any change to relevant property information previously provided by the person as soon as reasonably practicable, or within a period, as specified in the regulations. (4B) For the purposes of subsection (4A), “relevant property information” means such information as may be specified in the regulations relating to— (a) any residential tenancy under which the person is the residential landlord; (b) any dwelling which is proposed to be marketed for the purpose of creating a residential tenancy under which the person will be the residential landlord."

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 24

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Clause 98, page 118, line 27, at end insert- "(ba) a building or part of a building constructed or adapted for use as a house in multiple occupation if- (i) it is for the time being only occupied by persons who form a single household, and (ii) the accommodation which those persons occupy is let under a relevant tenancy or is supported exempt accommodation, except where the accommodation which those persons occupy is social housing and the landlord under the tenancy, or the provider of the supported exempt accommodation, is a registered provider of social housing,"

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 25

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Clause 98, page 118, line 34, after "(b)” insert ", (ba)"

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 26

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 186, line 4, leave out sub-paragraph (3) and insert— "(3) After subsection (8) insert— "(9) But unoccupied HMO accommodation is "qualifying residential premises" for the purposes of this Part only to the extent provided for by section 2B(1)(ba).””

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 27

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 202, line 5, leave out from second "premises" to ", and" in line 6 and insert "other than- (i) homelessness accommodation (see paragraph B1), or (ii) common parts (see paragraph 4)"

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 28

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 202, line 11, leave out from beginning to second “the” in line 13 and insert— "(1A) Sub-paragraph (2) applies in relation to the premises if they are- (a) a dwelling or HMO let under a relevant tenancy, (b) an HMO where at least one unit of accommodation which forms part of the HMO is let under a relevant tenancy, or (c) a building or a part of a building constructed or adapted for use as a house in multiple occupation if— (i) it is for the time being only occupied by persons who form a single household, and (ii) the accommodation which those persons occupy is let under a relevant tenancy."

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 29

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 202, line 31, leave out paragraph (b) and insert— "(4) In this paragraph- "common parts” means common parts that are qualifying residential premises by virtue of section 2B(1)(d); "homelessness accommodation” means accommodation in England- (a) the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and (b) which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4). Service of improvement notices: homelessness accommodation (whether or not it is qualifying residential premises) B1 (1) This paragraph applies where the specified premises in the case of an improvement notice are homelessness accommodation (which has the same meaning here as in paragraph A1). (2) The notice must be served on any person- (a) who has an estate or interest in the premises, and (b) who, in the opinion of the local housing authority, ought to take the action specified in the notice. (3) This paragraph applies instead of paragraph 1, 2 or 3 (in a case where that paragraph would otherwise apply to the improvement notice).”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 30

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 203, line 5, leave out "let under a relevant tenancy, or” and insert “a dwelling or HMO let under a relevant tenancy,"

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 31

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 203, line 8, at end insert "or (c) are a building or a part of a building constructed or adapted for use as a house in multiple occupation- (i) that is for the time being only occupied by persons who form a single household, and (ii) where the accommodation which those persons occupy is let under a relevant tenancy,”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 32

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 203, line 12, after "tenancy.” insert- "(2B) Where— (a) sub-paragraph (2A) does not apply in relation to the specified premises, (b) the specified premises consist of or include the whole or any part of a building containing homelessness accommodation, and (c) the person providing the homelessness accommodation— (i) is a tenant of that accommodation under a tenancy which has an unexpired term of 3 years or less (the “short tenancy”), and (ii) accordingly is not an owner in relation to the homelessness accommodation (see section 262(7)(b)), the authority must also serve copies of the order on any person who, to their knowledge, is a tenant under the short tenancy, a landlord under the short tenancy, or a superior landlord in relation to the short tenancy, and who is not otherwise required to be served with a copy of the notice under this paragraph. (2C) In sub-paragraph (2B) "homelessness accommodation" means accommodation in England- (a) the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and (b) which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4).”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 33

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 203, line 13, leave out "after "(2)” insert “or (2A)”” and insert "for "sub-paragraph (2)" substitute "this paragraph""

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 34

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 203, line 28, leave out "let under a relevant tenancy, or” and insert "a dwelling or HMO let under a relevant tenancy,"

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 35

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 203, line 31, at end insert "or (c) are a building or a part of a building constructed or adapted for use as a house in multiple occupation- (i) that is for the time being only occupied by persons who form a single household, and (ii) where the accommodation which those persons occupy is let under a relevant tenancy,”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 36

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 203, line 35, after “tenancy.” insert- "(2B) Where— (a) sub-paragraph (2A) does not apply in relation to the specified premises, (b) the specified premises consist of or include the whole or any part of a building containing homelessness accommodation, and (c) the person providing the homelessness accommodation- (i) is a tenant of that accommodation under a tenancy which has an unexpired term of 3 years or less (the “short tenancy”), and (ii) accordingly is not an owner in relation to the homelessness accommodation (see section 262(7)(b)),

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 37

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 203, line 36, leave out “or (2A)” and insert “, (2A) or (2B)"

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 38

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 203, line 37, leave out “after “(2)” insert “, (2A)”” and insert "for "sub-paragraph (2) or (3)″ substitute “this paragraph”"

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 30 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 39

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 204, line 4, leave out "let under a relevant tenancy, or” and insert "a dwelling or HMO let under a relevant tenancy,"

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 29 Oct 2024
Minister of State (Housing, Communities and Local Government)
Sponsor Amendment Gov 40

Tabled: 25 Oct 2024
Notices of Amendments as at 25 October 2024

NO DECISION has been made on this amendment

Schedule 4, page 204, line 7, at end insert "or (iii) are a building or a part of a building constructed or adapted for use as a house in multiple occupation that is for the time being only occupied by persons who form a single household and where the accommodation which those persons occupy is let under a relevant tenancy,”

Type: Backbencher

Signatures: 2

Angela Rayner (Lab - Ashton-under-Lyne) - 25 Oct 2024
Matthew Pennycook (Lab - Greenwich and Woolwich) - 29 Oct 2024
Minister of State (Housing, Communities and Local Government)