http://www.legislation.gov.uk/ukpga/2016/22/part/4/chapter/3Housing and Planning Act 2016An Act to make provision about housing, estate agents, rentcharges, planning and compulsory purchase.texttext/xmlenStatute Law Database2026-05-28Expert Participation2026-05-01 Housing and Planning Act 2016s. 172(1)(a)Neighbourhood Planning Act 2017s. 26(8)(a)(i)s. 31s. 46(1)Housing and Planning Act 2016s. 172(1)(b)Neighbourhood Planning Act 2017s. 26(8)(a)(ii)s. 31s. 46(1)Housing and Planning Act 2016s. 28(4)Renters’ Rights Act 2025s. 94(2)s. 138s. 145(1)(7)Housing and Planning Act 2016s. 29(3)(4)Renters’ Rights Act 2025s. 94(3)s. 138s. 145(1)(7)Housing and Planning Act 2016s. 30(8)(9)Renters’ Rights Act 2025s. 94(4)s. 138s. 145(1)(7)Housing and Planning Act 2016s. 95(1)(ia)Social Housing (Regulation) Act 2023Sch. 1 para. 2s. 46(3)Housing and Planning Act 2016s. 100(7)(aa)Social Housing (Regulation) Act 2023Sch. 1 para. 3s. 46(3) PART 4 CHAPTER 3801The Secretary of State may by regulations make provision about the levels of rent that an English local housing authority must charge a high income tenant of social housing in England.2The regulations may, in particular, require the rent—ato be equal to the market rate,bto be a proportion of the market rate, orcto be determined by reference to other factors.3The regulations may, in particular, provide for the rent to be different—afor people with different incomes, orbfor social housing in different areas.4The regulations may create exceptions for high income tenants of social housing of a specified description.5The regulations may require a local housing authority to have regard to guidance given by the Secretary of State when determining rent in accordance with the regulations.6Regulations under this section are referred to in this Chapter as “rent regulations”.811Rent regulations must—adefine what is meant by “high income” for the purposes of this Chapter, andbmake provision about how a person's income is to be calculated.2The regulations may, in particular—adefine “high income” in different ways for different areas;bspecify things that are, or are not, to be treated as income;cmake provision about the period by reference to which a person's income is to be calculated (which may be a period in the past);dmake provision about how a person's income is to be verified;erequire a person's household income (as defined by the regulations) to be taken into account;frequire a local housing authority to have regard to guidance given by the Secretary of State when calculating or verifying a person's income.821Rent regulations may give a local housing authority the power to require a tenant to provide information or evidence for the purpose of determining whether the local housing authority is obliged by the regulations to charge a specific level of rent and what that level is.2Rent regulations may require an English local housing authority to charge the maximum rent to a tenant who has failed to comply with a requirement.3Regulations made in reliance on subsection (1) may, in particular, make provision about—athe kind of information or evidence that may be required;bthe time within which and the manner and form in which the information or evidence is to be provided.4In subsection (1) “tenant” includes prospective tenant.5In subsection (2) “the maximum rent” means the rent that a local housing authority is required to charge a high income tenant of the premises under section 80 (or, if regulations under section 80(3)(a) provide for different rents for people with different incomes, the rent that a person in the highest income bracket would be required to pay).831HMRC may disclose information for the purpose of enabling a local housing authority to determine whether it is obliged by rent regulations to charge a tenant a specific level of rent and what that level is.2The information may only be disclosed to—aa local housing authority,bthe Secretary of State for the purposes of passing the information to local housing authorities,ca public body that has been given the function of passing information between HMRC and local housing authorities by regulations under subsection (3), orda body with which the Secretary of State has made arrangements for the passing of information between HMRC and local housing authorities.3The Secretary of State may by regulations—agive a public body the function mentioned in subsection (2)(c), andbmake provision about the carrying out of that function.4The Secretary of State must obtain HMRC's consent before making—aarrangements under subsection (2)(d), orbregulations under subsection (3).5Information disclosed under this section to the Secretary of State or to a body mentioned in subsection (2)(c) or (d) may be passed on to a local housing authority for which it is intended.6Information disclosed under this section may not otherwise be further disclosed without authorisation from HMRC.7Where a person contravenes subsection (6) by disclosing any revenue and customs information relating to a person whose identity—ais specified in the disclosure, orbcan be deduced from it,section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.8In this section—“HMRC” means the Commissioners for Her Majesty's Revenue and Customs;“revenue and customs information relating to a person” has the meaning given by section 19(2) of the Commissioners for Revenue and Customs Act 2005;“tenant” includes prospective tenant.841Rent regulations may include provision for the purpose of ensuring that where a requirement imposed under section 80(1) ceases to apply, the rent is changed to what it would have been if the requirement had never applied.2Rent regulations may include provision for the purpose of ensuring that where—aa local housing authority is required by section 82(2) to charge the maximum rent because of a tenant's failure to provide information or evidence, andbthe tenant subsequently provides the necessary information or evidence,the rent is changed to what it would have been if section 82(2) had never applied.851Rent regulations may give a local housing authority power to change the rent payable under a tenancy for the purpose of complying with the regulations.2Rent regulations may make provision about the procedure for changing rent to comply with the regulations (whether the change is made using a power given by regulations under subsection (1) or otherwise).3Regulations made in reliance on subsection (2) may, in particular—amake provision about the review of decisions to increase rent;bgive rights of appeal to the First-tier Tribunal and amend existing rights of appeal.4Regulations under this section may amend any provision made by or under an Act passed before this Act or in the same Session.861Rent regulations may require a local housing authority to make a payment or payments to the Secretary of State in respect of any estimated increase in rental income because of the regulations.2The amount of a payment is to be calculated in accordance with the regulations.3The regulations may provide for deductions to be made to reflect the administrative costs of local authorities in implementing the regulations.4The regulations may provide for interest to be charged in the event of late payment.5The regulations may provide for assumptions to be made in making a calculation, whether or not those assumptions are, or are likely to be, borne out by events.6The regulations may make provision about how and when payments are to be made including, in particular, provision for payments by instalment.87Rent regulations may give the Secretary of State a power to require a local housing authority to provide information in connection with the regulations.881The Secretary of State must use the power in section 24(5) of the Welfare Reform and Work Act 2016 to provide that section 23 of that Act does not apply to a high income tenant of social housing to whom rent regulations apply.2In section 24 of the Housing Act 1985 (rent), after subsection (5) insert—5ASee also Chapter 3 of Part 4 of the Housing and Planning Act 2016 (rents for high income social tenants in England).3In Part 2 of Schedule 4 to the Local Government and Housing Act 1989 (the keeping of the Housing Revenue Account: debits), after item 10 insert—Item 11: payments under section 86 of the Housing and Planning Act 2016Any sums payable for the year to the Secretary of State under regulations made in reliance on section 86 of the Housing and Planning Act 2016 (rents for high income social tenants: payment by local authority of increased income to Secretary of State).891A private registered provider of social housing that has a policy about levels of rent for high income social tenants in England must publish that policy.2The policy must include provision for requesting reviews of, or appealing, decisions under the policy.901HMRC may disclose information for the purpose of enabling a private registered provider of social housing to apply any relevant policy about levels of rent for high income social tenants in England.2The information may only be disclosed to—athe private registered provider of social housing,bthe Secretary of State for the purposes of passing the information to registered providers,ca public body that has been given the function of passing information between HMRC and registered providers by regulations under subsection (3), orda body with which the Secretary of State has made arrangements for the passing of information between HMRC and registered providers.3The Secretary of State may by regulations—agive a public body the function mentioned in subsection (2)(c), andbmake provision about the carrying out of that function.4The Secretary of State must obtain HMRC's consent before making—aarrangements under subsection (2)(d), orbregulations under subsection (3).5Information disclosed under this section to the Secretary of State or to a body mentioned in subsection (2)(c) or (d) may be passed on to a registered provider for which it is intended.6Information disclosed under this section may not otherwise be further disclosed without authorisation from HMRC.7Where a person contravenes subsection (6) by disclosing any revenue and customs information relating to a person whose identity—ais specified in the disclosure, orbcan be deduced from it,section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.8In this section—“HMRC” means the Commissioners for Her Majesty's Revenue and Customs;“relevant”, in relation to a private registered provider's policy about levels of rent for high income social tenants in England, means a policy that—has been published as required by section 89, andcomplies with any requirements imposed under subsection (2) of that section;“revenue and customs information relating to a person” has the meaning given by section 19(2) of the Commissioners for Revenue and Customs Act 2005;“tenant” includes prospective tenant.91In this Chapter—“high income” has the meaning given by regulations under section 81;“local housing authority” has the meaning given by section 1 of the Housing Act 1985;“rent” includes payments under a licence to occupy;“rent regulations” has the meaning given by section 80;“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see sections 68 and 72 of that Act);“tenancy” includes a licence to occupy;“tenant” includes a person who has a licence to occupy.S. 84 in force at 1.10.2016 by S.I. 2016/956, reg. 2(a)S. 87 in force at 1.10.2016 by S.I. 2016/956, reg. 2(a)S. 82 in force at 1.10.2016 by S.I. 2016/956, reg. 2(a)S. 90 in force at 1.10.2016 by S.I. 2016/956, reg. 2(a)S. 80 in force at 1.10.2016 by S.I. 2016/956, reg. 2(a)S. 81 in force at 1.10.2016 by S.I. 2016/956, reg. 2(a)S. 91 in force at 1.10.2016 by S.I. 2016/956, reg. 2(a)S. 88 in force at 1.10.2016 by S.I. 2016/956, reg. 2(a)S. 85 in force at 1.10.2016 by S.I. 2016/956, reg. 2(a)S. 86 in force at 1.10.2016 by S.I. 2016/956, reg. 2(a)S. 89 in force at 1.10.2016 by S.I. 2016/956, reg. 2(a)S. 83 in force at 1.10.2016 by S.I. 2016/956, reg. 2(a)