Renters’ Rights Act 2025 (c. 26)

Part 1 E+W+S Tenancy reform

Chapter 1 E+W Assured tenancies

Prospective

End of certain kinds of assured tenancy E+W

1 Assured tenancies to be periodic with rent period not exceeding a month E+W

In the 1988 Act, before section 5 insert—

“4A Assured tenancies to be periodic with rent period not exceeding a month

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

(a) for a tenancy to be a fixed term tenancy, or

(b) for periods of the tenancy to be different from the periods for which rent is payable (“rent periods”).

(2) Where terms of an assured tenancy are of no effect by virtue of subsection (1)(a) or (b), the tenancy has effect as a periodic tenancy under which the periods of the tenancy are the same as the rent periods.

(3) Terms of an assured tenancy which provide for the rent periods are of no effect unless each rent period is—

(a) a period of 28 days or shorter, or

(b) a monthly rent period.

(4) Those terms may provide for different rent periods at different times during the assured tenancy (but each rent period must be permitted by subsection (3)).

(5) Where terms of an assured tenancy are of no effect by virtue of subsection (3), the tenancy has effect as if it provided—

(a) for successive rent periods of one month beginning with the first day of the tenancy, and

(b) for the rent for each such rent period—

(i) to be the amount calculated in accordance with the formula in subsection (6), and

(ii) to be due on the first day of the period.

(6) The formula is—

where—

• R is the rent that would have been due for the first rent period of the tenancy under the terms that are of no effect by virtue of subsection (3);

• D is the number of whole days in that period.

(7) Except as provided by subsections (1) and (3), nothing in this section limits any right of the landlord and the tenant to vary a term of a tenancy by agreement.

(8) For the purposes of this section, terms of an assured tenancy provide for “monthly” rent periods if they provide for rent to be payable for successive periods of one month, disregarding any provision for the first period to be a different period not exceeding 30 days.”

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 145(1)(8)

2 Abolition of assured shorthold tenancies E+W

In the 1988 Act—

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

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

Commencement Information

I2 S. 2 not in force at Royal Assent, see s. 145(1)(8)

Prospective

Grounds for possession E+W

3 Changes to grounds for possession E+W

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

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

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

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

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

(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 or Ground 6A where—

(a) a smallholding was previously let to the tenant under a tenancy to which the Agricultural Holdings Act 1986 applies (“the agricultural tenancy”),

(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”),

(c) the assured tenancy was granted immediately after the agricultural tenancy came to an end, and

(d) the dwelling-house is let under the assured tenancy—

(i) by the person who was the landlord under the agricultural tenancy (“the former agricultural landlord”), or

(ii) by another person pursuant to a contract or other agreement entered into with the former agricultural landlord under which—

(A) the dwelling-house is to be let as suitable alternative accommodation for the purposes of paragraph (b) of case A, and

(B) this subsection is to apply.

(5ZB) The court may not make an order for possession of a dwelling-house let on an assured tenancy on any of Grounds 1 to 5H or Ground 6A where, on the basis of the proposed let of the dwelling-house on that tenancy, the dwelling-house was deemed to be suitable alternative accommodation under paragraph 1(c) of Part 4 of Schedule 2 to the Housing Act 1985 for the purposes of section 84(2)(b) and (c) of that Act.”;

(e) in subsection (5A)—

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

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

(f) after subsection (5A) insert—

“(5B) The court may not make an order for possession of a dwelling-house let on an assured tenancy granted in accordance with section 554(3)(c) (before its repeal) or (ca) of the Housing Act 1985 on any of Grounds 1 to 5H or Ground 6A.

(5C) In relation to the making of an order for possession of a dwelling-house let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989, Ground 6 is to apply as if—

(a) in paragraph (b), the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy” were omitted;

(b) in the general redevelopment conditions, paragraph (f) was omitted;

(c) in the landlord’s acquisition condition, in paragraph (a), the reference to the grant of the tenancy is a reference to the grant of the long residential tenancy which existed immediately before the assured periodic tenancy arose.

(5D) If the only grounds for possession which the court is satisfied are established are either or both of Grounds 7A and 14 in Schedule 2, the court may not make an order for possession to take effect within—

(a) the period of 14 days beginning with the date of service of the notice under section 8; or

(b) where the court has exercised the power conferred by section 8(1)(b), the period of 14 days beginning—

(i) if a purported notice of possession (within the meaning given by section 16M) was served on the tenant and the court considers it just and equitable, with the date on which the notice was served;

(ii) otherwise, with the date on which the proceedings for possession began.

(5E) In subsection (5C), a reference to a “long residential tenancy” is a reference to a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies.”

(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)”;

(c) omit subsection (3A);

(d) in subsection (4)—

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

(ii) after “whether” insert “with or”;

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

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

“(4AA) If a notice under this section does not specify Ground 7A or 14 in Schedule 2, the date specified in the notice as mentioned in subsection (3)(b) must not be before the end of the longest period shown in the following table for any ground specified in the notice.

Ground specified in notice	Period
1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B	four months beginning with the date of service of the notice
5, 5A, 5B, 5C, 5D, 5H, 7, 9	two months beginning with the date of service of the notice
5E, 5F, 5G, 8, 10, 11, 18	four weeks beginning with the date of service of the notice
4, 7B, 12, 13, 14ZA, 14A, 15, 17	two weeks beginning with the date of service of the notice”;

(f) after subsection (5) insert—

“(5A) A notice given by an intermediate landlord under Ground 2ZA is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZC.

(5B) A notice given by an intermediate landlord under Ground 2ZB is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZD.”;

(g) omit subsection (6).

(4) After section 8 of the 1988 Act insert—

“8ZA Disapplication of conditions where notice dispensed with

(1) This section applies where the court exercises the power conferred by section 8(1)(b) in proceedings relating to Ground 4A, 5G or 6 in Schedule 2.

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

(a) where the proceedings relate to Ground 4A, disapply paragraph (d) of the ground;

(b) where the proceedings relate to Ground 5G, disapply paragraph (b) of the ground;

(c) where the proceedings relate to Ground 6, disapply paragraph (aa)(ii)(B) of the ground.

(3) References in this section to grounds in Schedule 2 are to those grounds read in accordance with paragraph 12(2) of that Schedule.”

(5) After section 11 of the 1988 Act insert—

“11A Possession on ground 6B: 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 6B 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 6B being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6B being available).”

Commencement Information

I3 S. 3 not in force at Royal Assent, see s. 145(1)(8)

4 Possession for anti-social behaviour: relevant factors E+W

In the 1988 Act, in section 9A—

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

“(d) whether the person against whom the order is sought has co-operated with any attempt by the landlord to encourage the conduct to cease.”;

(b) after subsection (2) insert—

“(3) Where the person against whom the order is sought is a tenant occupying an HMO, in considering effects mentioned in subsection (2)(a) the court must have particular regard to the effect on other occupiers who share with that person accommodation or facilities within the HMO.

(4) For the purposes of subsection (3) occupiers of an HMO share accommodation or facilities if they are each entitled to use that accommodation or those facilities under the terms of a tenancy or licence to occupy.

(5) In subsection (3) “HMO” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act).”

Commencement Information

I4 S. 4 not in force at Royal Assent, see s. 145(1)(8)

5 Form of notice of proceedings for possession E+W

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.”

Commencement Information

I5 S. 5 not in force at Royal Assent, see s. 145(1)(8)

Prospective

Rent and other terms E+W

6 Statutory procedure for increases of rent E+W

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

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

(3) For subsection (1) substitute—

“(1) This section applies to any assured tenancy other than a relevant low-cost tenancy.”

(4) In subsection (2)—

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

(b) in paragraph (b)—

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

(ii) after sub-paragraph (i) insert “or”;

(c) in paragraph (c)—

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

(ii) after sub-paragraph (i) insert “or”.

(5) Omit subsection (3).

(6) In subsection (4)—

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

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

(7) After subsection (4) insert—

“(4A) The rent for a period of an assured tenancy to which this section applies may not be greater than the rent for the previous period except by virtue of—

(a) a notice under this section or an agreement under subsection (4)(b) following such a notice,

(b) a determination under section 14, or

(c) an agreement in writing between the landlord and the tenant varying the rent, following a determination by the appropriate tribunal under section 14, where the agreed rent is lower than the rent that would be payable under section 14ZA or 14ZB as a result of the determination;

and any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides that the rent for a particular period of the tenancy must or may be greater than the rent for the previous period otherwise than by virtue of a notice, determination or agreement mentioned in this subsection.

(4B) Except as provided by subsection (4A), nothing in this section (or in sections 14 to 14ZB) limits any right of the landlord and the tenant under an assured tenancy to which this section applies to vary any term of the tenancy by agreement.

(4C) In this section “relevant low-cost tenancy” means—

(a) an assured tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, where the landlord is a private registered provider of social housing, and

(b) any other assured tenancy of a description specified in regulations made by the Secretary of State.

(4D) Regulations under subsection (4C)(b)—

(a) may make different provision for different purposes;

(b) are to be made by statutory instrument.

(4E) A statutory instrument containing regulations under subsection (4C)(b) is subject to annulment in pursuance of a resolution of either House of Parliament.”

(8) Omit subsection (5).

(9) After section 13 of the 1988 Act insert—

“13A Increases of rent under relevant low-cost tenancies

(1) This section applies to a relevant low-cost tenancy within the meaning given by section 13(4C).

(2) For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than—

(a) one month after the date of the service of the notice, and

(b) in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began, and

(c) if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14, either—

(i) in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect, or

(ii) in any other case, the appropriate date.

(3) The appropriate date is—

(a) in a case to which subsection (4) applies, the date that falls 53 weeks after the date on which the increased rent took effect;

(b) in any other case, the date that falls 52 weeks after the date on which the increased rent took effect.

(4) This subsection applies where—

(a) the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003, and

(b) the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect.

(5) Where a notice is served under subsection (2), a new rent specified in the notice takes effect as mentioned in the notice unless, before the beginning of the new period specified in the notice—

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

(b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.

(6) Nothing in this section (or in section 14) affects the right of the landlord and the tenant under a relevant low-cost tenancy within the meaning given by section 13(4C) to vary by agreement any term of the tenancy (including a term relating to rent).

13B Challenge to validity of notice to increase rent

Where a tenant under an assured tenancy makes an application to the appropriate tribunal, the tribunal may determine whether a notice served on the tenant under section 13(2) or 13A(2) is valid.”

Commencement Information

I6 S. 6 not in force at Royal Assent, see s. 145(1)(8)

7 Challenging amount or increase of rent E+W

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

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

(3) Before subsection (1) insert—

“(A1) A tenant under an assured tenancy other than a relevant low-cost tenancy may make an application to the appropriate tribunal for the purpose of challenging the rent payable under the tenancy.

(A2) No application may be made under subsection (A1) if—

(a) the rent payable under the tenancy is pursuant to a previous determination under this section, or

(b) more than six months have elapsed since the beginning of the tenancy.

(A3) A tenant under any assured tenancy may make an application to the appropriate tribunal for the purpose of challenging a new rent proposed in a notice under section 13(2) or 13A(2).”

(4) In subsection (1)—

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

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

“(a) which has the same periods as those of the tenancy to which the application relates;

(b) which begins—

(i) in the case of an application under subsection (A1), on the date of the application;

(ii) in the case of an application under subsection (A3), at the beginning of the new period specified in the notice; and”;

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

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

(5) In subsection (3)—

(a) in the words before paragraph (a)—

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

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

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

(6) In subsection (3A)—

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

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

(7) Omit subsections (6) and (7).

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

(9) Omit subsection (9).

(10) After section 14 of the 1988 Act insert—

“14ZA Effect of determination: rent payable

(1) This section applies where the appropriate tribunal makes a determination on an application under section 14(A1) in relation to a tenancy.

(2) The rent payable under the tenancy following the determination is—

(a) the new rent amount, and

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

(3) The rent payable under the tenancy following the determination takes effect from the date that the appropriate tribunal directs.

(4) The new rent amount is—

(a) the open-market rent, if lower than the tenancy rent, and

(b) otherwise, the tenancy rent.

(5) The date must not be earlier than the date of the application.

(6) In this section—

• “the appropriate amount in respect of rates” means the amount of rent attributable to any rates borne as mentioned in section 14(5);

• “the open-market rent” means the amount of rent determined by the appropriate tribunal on the application, in accordance with section 14(1);

• “the tenancy rent” means the rent payable under the tenancy immediately before the determination is made, excluding the appropriate amount in respect of rates (if any).

14ZB Effect of determination: proposed new rent

(1) This section applies where the appropriate tribunal makes a determination on an application under section 14(A3) in relation to a tenancy.

(2) The rent payable under the tenancy following the determination is—

(a) the new rent amount, and

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

(3) The rent payable under the tenancy following the determination takes effect from—

(a) the beginning of the new period specified in the notice under section 13(2) or 13A(2), if that date is on or after the date of the determination,

(b) the beginning of the first new period of the tenancy which begins on or after the date of the determination, if the beginning of the new period specified in the notice under section 13(2) or 13A(2) is before the date of the determination, or

(c) if it appears to the tribunal that applying paragraph (a) or (b) would cause undue hardship to the tenant, a date that the appropriate tribunal directs.

(4) A date specified under subsection (3)(c) must fall before the end of the period of two months beginning with the date of the determination.

(5) The new rent amount is—

(a) the open-market rent, if lower than the proposed rent, and

(b) otherwise, the proposed rent.

(6) The Secretary of State may by regulations make provision so as to substitute, in relation to relevant tenancies, a different date as the effective date.

(7) The effective date may not be earlier than the beginning of the new period specified in the notice served on the tenant under section 13(2) or 13A(2).

(8) Regulations under subsection (6)—

(a) may amend this section;

(b) may make different provision for different purposes;

(c) may make supplemental, consequential, incidental, transitional, transitory or saving provision;

(d) are to be made by statutory instrument.

(9) A statutory instrument containing regulations under subsection (6) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(10) In this section—

• “the appropriate amount in respect of rates” has the meaning given by section 14ZA(6);

• “the effective date” means a date for the time being specified in subsection (3)(b) as the date from which the rent payable takes effect;

• “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);

• “relevant tenancies” means tenancies in relation to which an application under section 14(A3) is made on or after the date on which the regulations under subsection (6) come into force.”

(11) Omit sections 14A and 14B of the 1988 Act.

Commencement Information

I7 S. 7 not in force at Royal Assent, see s. 145(1)(8)

8 Prohibition of rent in advance after lease entered into (except initial rent) E+W

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

“4B Assured tenancy: prohibition of rent in advance (except initial rent)

(1) Terms of an assured tenancy which provide for when rent is due are of no effect so far as they provide for rent to be due in advance.

(2) But subsection (1) does not apply—

(a) to a tenancy entered into before the commencement date (which has the same meaning as in section 146(3) of the Renters’ Rights Act 2025),

(b) to an excepted tenancy, or

(c) to terms of any other assured tenancy so far as they provide for initial rent to be due during the permitted pre-tenancy period.

(3) Where terms of an assured tenancy providing for when the rent for a rent period is due are of no effect by virtue of this section, the tenancy has effect as if it provided for the rent for that rent period to be due on the substitute rent day for that rent period.

(4) In a case where the terms of the tenancy (after taking account of section 4A) are such that—

(a) one or more of the periods of the tenancy will be compliant rent periods, and

(b) the compliant rent periods have a regular pattern,

the regular rent day which falls during a rent period is the “substitute rent day” for the rent period.

(5) In any other case, the first day of a rent period is the “substitute rent day” for the rent period.

(6) The compliant rent periods of a tenancy “have a regular pattern” if those periods meet the following two conditions—

(a) all of the compliant rent periods will be the same length (and, for this purpose, all periods of one month are the same length);

(b) the rent for all of the compliant periods will be due—

(i) on the same day during each of the periods (such as the same day of the week in a weekly period or the same date in the month in a monthly period), or

(ii) on the same description of day during each of the periods (such as the last day, or first weekday, of a period);

and that day, or day of that description, is the “regular rent day”.

(7) The condition in subsection (6)(a) is met even if the first period of the tenancy is of a different length from all the other compliant periods; and, in such a case, the condition in subsection (6)(b) is met even if the rent for the first period of the tenancy is due on a different day, or description of day, from all the other compliant periods.

(8) For provision enabling a holding deposit to be used to pay initial rent due during the permitted pre-tenancy period, see Schedule 2 to the Tenant Fees Act 2019.

(9) The Secretary of State may, by regulations, amend this section for the purpose of making provision about the descriptions of rent due in advance to which subsection (1) does not apply.

(10) Regulations under subsection (9)—

(a) may make different provision for different purposes;

(b) are to be made by statutory instrument.

(11) A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(12) In this paragraph—

• “compliant rent period”: a rent period is a compliant rent period if the rent for the period is due during the period — and, in determining this, the effect of this section on when rent is due must be disregarded;

• “due in advance”, in relation to rent, means due before the rent period for which it is payable;

• “excepted tenancy” means—

  (a)

  an assured tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) if the landlord is a private registered provider of social housing;

  (b)

  an assured tenancy granted pursuant to Part 7 of the Housing Act 1996 (homelessness);

• “initial rent” means rent that is payable for—

  (a)

  the first rent period, or

  (b)

  any later rent period which ends during the initial 28 day period;

  and here “initial 28 day period” means the period of 28 days beginning with the first day of the first rent period;

• “permitted pre-tenancy period” means the period that—

  (a)

  begins when the tenancy is entered into, and

  (b)

  ends with the day before the first day of the tenancy;

• “regular rent day” has the meaning given in subsection (6)(b);

• “rent period” means a period for which rent is payable under the assured tenancy;

• “substitute rent day” means the day determined in accordance with subsection (4) or (5).”

Commencement Information

I8 S. 8 not in force at Royal Assent, see s. 145(1)(8)

9 Prohibition of rent in advance before lease entered into E+W

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

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

“(1A) But a payment of rent is a prohibited payment if—

(a) it is payable before the tenancy is entered into, and

(b) the tenancy is an assured tenancy.

(1B) This paragraph is subject to paragraph 1A.”

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

Increased rent

1A (1) If the amount of rent payable in respect of any relevant period (“P1”) is more than the amount of rent payable in respect of any later relevant period (“P2”), the additional amount payable in respect of P1 is a prohibited payment.

(2) That is subject to the following provisions of this paragraph.”

(4) After section 5 of the Tenant Fees Act 2019 insert—

“Other provision about rent in advance E+W

5A Pre-tenancy payments of rent: prohibitions

(1) A landlord must not—

(a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England,

(b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England, or

(c) accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England.

(2) A landlord must not—

(a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England,

(b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or

(c) accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England.

(3) A letting agent must not—

(a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England,

(b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England, or

(c) accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England.

(4) A letting agent must not—

(a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England,

(b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or

(c) accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England.

(5) The Secretary of State may, by regulations made by statutory instrument, amend this section for the purpose of making provision about the descriptions of rent due in advance to which any provision of subsection (1), (2), (3) or (4) applies.

• For this purpose “rent due in advance” means rent due before the period for which it is payable.

(6) Regulations under subsection (5)—

(a) may make different provision for different purposes;

(b) may make supplemental, incidental, consequential, transitional, transitory or saving provision;

(c) are to be made by statutory instrument.

(7) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(8) In this section “prohibited pre-tenancy payment of rent” means a payment of rent that is prohibited by paragraph 1(1A) of Schedule 1.

5B Effect of a breach of section 5A

(1) A term of an agreement between a letting agent and a relevant person which breaches section 5A is not binding on a relevant person.

(2) Where a term of an agreement is not binding on a relevant person as a result of this section, the agreement continues, so far as practicable, to have effect in every other respect.”

(5) The Tenant Fees Act 2019 is further amended as follows—

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

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

“(ba) section 5A (pre-tenancy payments of rent: prohibitions), and”;

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

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

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

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

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

(ii) after subsection (2) insert—

“(2A) But that obligation to pay the amount, or remaining part, of the prohibited payment is subject to subsection (3), unless it is a case where the payment is prohibited by paragraph 1(1A) of Schedule 1 (pre-tenancy payment of rent).”;

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

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

Commencement Information

I9 S. 9 not in force at Royal Assent, see s. 145(1)(8)

10 Repayment of rent paid for days after end of tenancy E+W

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

“14ZC Repayment of rent paid for days after end of tenancy

(1) A person who paid rent as a tenant under an assured tenancy is entitled to be repaid any part of that rent that relates to days falling after the end of the tenancy.

(2) Subsection (1) does not affect any other entitlement to payment arising at the end of an assured tenancy.”

Commencement Information

I10 S. 10 not in force at Royal Assent, see s. 145(1)(8)

11 Right to request permission to keep a pet E+W

(1) In the 1988 Act, after section 16 insert—

“16A Requesting consent to keep a pet

(1) It is an implied term of every assured tenancy to which this section applies that—

(a) a tenant may keep a pet at the dwelling-house if the tenant asks to do so in accordance with this section and the landlord consents;

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

(c) the landlord is to give or refuse consent in writing on or before the 28th day after the date of the request, except as provided by subsections (2) to (5).

(2) Where the landlord reasonably requests further information from the tenant about the pet on or before the 28th day after the date of the tenant’s request—

(a) if the tenant provides that information, the landlord may delay giving or refusing consent until the 7th day after the date on which the tenant provides any further information that the landlord requests;

(b) if the tenant does not provide that information, the landlord is not required to give or refuse consent.

(3) Where—

(a) the keeping of the pet at the dwelling-house would require the landlord to obtain the consent of a superior landlord under the terms of a superior tenancy, and

(b) the landlord seeks the consent of the superior landlord on or before the 28th day after the date of the tenant’s request,

the landlord may delay giving or refusing consent until the 7th day after the date on which the landlord receives consent or refusal from the superior landlord.

(4) Where the landlord and the tenant agree that the landlord may delay giving or refusing consent, the landlord may delay until whatever date is agreed between the landlord and the tenant.

(5) Where more than one of subsections (2) to (4) apply, the landlord may delay until the latest date to which the landlord may delay giving or refusing consent under any of the subsections.

(6) This section applies to every assured tenancy other than a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008.

16B Requests for consent to keep a pet: further provision

(1) For the purposes of section 16A, a tenant keeps a pet at a dwelling-house if the tenant permits the pet to live at the dwelling-house (whether or not the tenant is the owner of the pet).

(2) Section 16A does not limit the terms that may be agreed in relation to the presence at the dwelling-house of pets which do not live there.

(3) The tenant’s request under section 16A must—

(a) be in writing;

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

(4) The circumstances in which it is reasonable for a landlord to refuse consent include those in which—

(a) the pet being kept at the dwelling-house would cause the landlord to be in breach of an agreement with a superior landlord;

(b) an agreement between the landlord and a superior landlord prohibits the keeping of a pet at the dwelling-house without consent of the superior landlord, and the landlord has taken reasonable steps to obtain that consent but the superior landlord has not given it.

(5) In proceedings in which a tenant alleges that the landlord has breached the implied term created by section 16A, the court may order specific performance of the obligation.”

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

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

  (a)

  personal interest,

  (b)

  companionship,

  (c)

  ornamental purposes, or

  (d)

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

Commencement Information

I11 S. 11 not in force at Royal Assent, see s. 145(1)(8)

Duties of landlords etc E+W

Prospective

12 Duty of landlord and contractor to give statement of terms etc E+W

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

“Duties of landlords and persons acting on their behalf E+W

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 assured tenancy between the same parties, where the implied surrender and grant result from an agreement to vary the terms of the previous tenancy.

(2) The landlord under a tenancy to which this section applies must give the tenant a written statement of—

(a) such terms of the tenancy as are specified in regulations made by the Secretary of State, whether in the form of an agreement in writing between the landlord and tenant or a record of terms otherwise agreed, and

(b) any other information in writing about any of the following which is required to be given by regulations made by the Secretary of State—

(i) the tenancy;

(ii) the dwelling-house let on the tenancy;

(iii) the tenant;

(iv) the landlord;

(v) the rights of the landlord or the tenant in relation to the tenancy or the dwelling-house let on it.

(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, 6A or 18 in Schedule 2 (for the consequences of specifying a ground mentioned in this subsection in a notice under section 8 where no statement under this subsection is so included, see section 16E(1)(f) and section 16I(1)(a)).

(4) Subject to subsections (5) to (7), the statement under subsection (2) must be given before the tenancy is entered into.

(5) Where a tenancy to which this section applies—

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

(b) is an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3,

the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the landlord acknowledges the tenant’s right to a tenancy.

(6) Where a 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.

(7) In any other case where a tenancy becomes a tenancy to which this section applies, the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the tenancy becomes an assured tenancy.

(8) 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.

(9) Regulations under this section—

(a) may make different provision for different purposes;

(b) are to be made by statutory instrument.

(10) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I12 S. 12 not in force at Royal Assent, see s. 145(1)(8)

13 Other duties E+W

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

“16E Other duties

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

(a) purport to let a dwelling-house on the tenancy for a fixed term (see section 4A),

(b) purport to bring the tenancy to an end by service of a notice to quit (see section 5(1)),

(c) purport to bring the tenancy to an end, or require that it is brought to an end, orally,

(d) serve on the tenant a purported notice of possession,

(e) rely on a ground in Schedule 2 where the person does not reasonably believe that the landlord is, will or may be able to obtain an order for possession on that ground, or

(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, 6A or 18 in Schedule 2 if no statement was given to the tenant under section 16D(3) in respect of them.

(2) Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, the landlord must not, within the restricted period—

(a) let the dwelling-house on a tenancy for a term of 21 years or less, or

(b) permit a person to occupy the dwelling-house—

(i) under a licence to occupy, and

(ii) for monetary consideration.

(3) Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, a relevant person in relation to that tenancy must not—

(a) within the restricted period, market the dwelling-house to let on a tenancy for a term of 21 years or less,

(b) within the restricted period, market the dwelling-house to be occupied—

(i) under a licence to occupy, and

(ii) for monetary consideration,

(c) authorise another person to market the dwelling-house to let on a tenancy for a term of 21 years or less, so far as the authorisation would allow that other person to market it within the restricted period, or

(d) authorise another person to market the dwelling-house to be occupied—

(i) under a licence to occupy, and

(ii) for monetary consideration,

so far as the authorisation would allow that other person to market it within the restricted period.

(4) Where a prohibition in subsection (2) or (3) applies to a person, it continues to apply to that person until the end of the restricted period, whether or not the tenancy continues during that period.

(5) A breach of subsection (1)(f) does not prevent a court from making an order for possession of the dwelling-house on the ground in question (but see section 16I(1)(a)).

16F Exceptions from letting and marketing prohibitions

(1) Section 16E(2) (prohibition on letting and licensing within restricted period) does not apply where—

(a) the relevant person relies on Ground 1 and—

(i) the tenant or licensee is a person mentioned in paragraphs (a) to (d) of that ground, or

(ii) a person mentioned in paragraphs (a) to (d) of Ground 1 also occupies the dwelling-house and does so as their only or principal home;

(b) the relevant person relies on Ground 1A and—

(i) the licensee has agreed to purchase the landlord’s interest in the dwelling-house and the licence to occupy is granted in anticipation of that purchase, or

(ii) the licensee has agreed to the landlord granting the licensee a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, and the licence to occupy is granted in anticipation of the grant of that lease, or

(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).

(3) Subsection (4) applies where the relevant person relies on Ground 1A and—

(a) before the assured tenancy was entered into, a relevant person had given the tenant under the assured tenancy (“T”) a written statement that the landlord under that tenancy (“L”) is a shared owner of the dwelling-house and that section 16E(2) or (3) might not apply to a subsequent letting, or grant of a licence, of the dwelling-house (because of this subsection and subsection (4)),

(b) when the assured tenancy was entered into, L was a shared owner of the dwelling-house, and

(c) before the date specified in the notice as mentioned in section 8(3)(b), a relevant person had given the landlord under the shared ownership lease of the dwelling-house a written statement that L intends to assign L’s interest under that shared ownership lease.

(4) Section 16E(2) or (3) does not prohibit a relevant person from carrying out a controlled activity if—

(a) before the relevant person carries out that activity—

(i) the dwelling-house has been valued by a member of the Royal Institution of Chartered Surveyors in connection with the assignment of L’s interest under the shared ownership lease, or

(ii) L has advertised, or made an arrangement under which another person has advertised, that the dwelling-house is or may be available for acquisition by way of the assignment of L’s interest under the shared ownership lease, and

(b) when the relevant person carries out that activity, L is a shared owner of the dwelling-house.

(5) In subsections (3) and (4)—

• “controlled activity” means an activity that would (if subsection (4) did not apply) be prohibited by section 16E(2) or (3);

• “shared owner”, in relation to a dwelling-house, means a person—

  (a)

  who is the tenant of the dwelling-house under a shared ownership lease, and

  (b)

  whose share in the premises demised by the lease is less than 100%;

  and for this purpose, the tenant’s share in the premises demised is the tenant’s initial share in those premises, plus any additional share or shares in those premises which the tenant has acquired;

• “shared ownership lease” means a lease—

  (a)

  granted on payment of a premium calculated by reference to a percentage of the value of the premises demised by the lease or of the cost of providing them, or

  (b)

  under which the tenant (or the tenant’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of those premises.

16G Interpretation of terms related to marketing in section 16E

(1) For the purposes of section 16E a person markets a dwelling-house to let on a tenancy when—

(a) the person advertises that the dwelling-house is or may be available to let on a tenancy, or

(b) in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.

(2) For the purposes of section 16E a person markets a dwelling-house to be occupied under a licence when—

(a) the person advertises that the dwelling-house is or may be available to be occupied under a licence, or

(b) in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.

(3) But subsections (1)(a) and (2)(a) do not apply in relation to a person who publishes an advertisement in the course of a business that does not involve lettings agency work if the advertisement has been provided by another person.

(4) For the purposes of this section, “lettings agency work” means things done by a person in the course of a business in response to instructions received from—

(a) a person (“a prospective landlord”) seeking to find another person to occupy a dwelling-house, or

(b) a person (“a prospective occupier”) seeking to find a dwelling-house to occupy.

(5) However, “lettings agency work” does not include any of the following things when done by a person who does nothing else within subsection (4)—

(a) publishing advertisements or disseminating information;

(b) providing a means by which a prospective landlord or a prospective occupier can, in response to an advertisement or dissemination of information, make direct contact with a prospective occupier or prospective landlord;

(c) providing a means by which a prospective landlord and a prospective occupier can communicate directly with each other.

(6) “Lettings agency work” also does not include things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State.

(7) Regulations under this section—

(a) may make different provision for different purposes;

(b) are to be made by statutory instrument.

(8) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

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

Commencement Information

I13 S. 13 in force at Royal Assent for specified purposes, see s. 145(2)

Prospective

14 Landlords acting through others E+W

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.”

Commencement Information

I14 S. 14 not in force at Royal Assent, see s. 145(1)(8)

Prospective

Landlords etc: financial penalties and offences E+W

15 Landlords etc: financial penalties and offences E+W

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

“Landlords etc: financial penalties and offences E+W

16I Financial penalties

(1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt—

(a) that the person contravened section 16D or any paragraph of section 16E(1) other than paragraph (e), or

(b) that—

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

(ii) the tenant surrendered the tenancy within the period of four months beginning with the date of the contravention, without an order for possession of the dwelling-house being made.

(2) Where a landlord fulfils the requirement in section 16D, a local housing authority may not impose a financial penalty on a person who contravenes section 16D only by virtue of subsection (8) of that section.

(3) More than one penalty may be imposed on the same person in relation to a contravention of section 16D only if—

(a) the contravention continues after the end of 28 days beginning with the day after that on which the previous penalty for the contravention was imposed, unless the person appeals against the decision to impose the penalty within that period, or

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

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

(5) Where a local housing authority has imposed a financial penalty on a person in relation to a contravention of paragraph (b) or (d) of section 16E(1), the local housing authority may not impose a financial penalty in relation to a contravention of the other of those two paragraphs arising from the same conduct.

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

(7) Where—

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

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

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

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

(a) the person has been convicted of an offence under section 16J in respect of the conduct,

(b) criminal proceedings under that section have been instituted against the person in respect of the conduct and the proceedings have not been concluded,

(c) criminal proceedings under that section in respect of the conduct have been concluded and the person has not been convicted of the offence, or

(d) a financial penalty has been imposed under section 16K in respect of that conduct.

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

(10) Local housing authorities must have regard to any guidance issued under subsection (9).

(11) For the purposes of this section and section 16J—

(a) a financial penalty is imposed under this section or section 16K on the date specified in the final notice as the date on which the notice is given, and

(b) “final notice” has the meaning given by paragraph 6 of Schedule 2ZA.

16J Offences

(1) A relevant person is guilty of an offence if, in relation to an assured tenancy—

(a) the person relies on a ground in Schedule 2, knowing that the landlord would not be able to obtain an order for possession on that ground, or being reckless as to whether the landlord would be able to do so, and

(b) the tenant surrenders the tenancy within the period of four months beginning with the date the ground was relied on, without an order for possession of the dwelling-house being made.

(2) A person is guilty of an offence if the person contravenes section 16E(2) or (3) but it is a defence for a person who contravenes section 16E(3) otherwise than as a landlord to show that they took all reasonable steps to avoid contravening it.

(3) A person is guilty of an offence if—

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

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

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

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

(4) A person is guilty of an offence if—

(a) the person conducts themselves in a manner giving rise to liability to a financial penalty under section 16I, and

(b) within the period of five years ending with the day on which the conduct occurs—

(i) a relevant penalty has been imposed on the person for different conduct and the final notice imposing the penalty has not been withdrawn, or

(ii) the person has been convicted of an offence under this section for different conduct.

(5) In subsections (3) and (4) “relevant penalty” means a financial penalty which is imposed under section 16I or 16K where—

(a) the period for bringing an appeal against the penalty under paragraph 10(2) of Schedule 2ZA has expired without an appeal being brought,

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

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

(6) A person may not be convicted of an offence under subsection (1), (2) or (4) in respect of any conduct if a financial penalty has been imposed under section 16I or 16K in respect of that conduct.

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

(8) Where an offence under subsection (2) committed by a body corporate is proved to be attributable to any neglect on the part of an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.

(9) Where the affairs of a body corporate are managed by its members, subsections (7) and (8) apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.

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

16K Financial penalties as an alternative to prosecution under section 16J

(1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person is guilty of an offence under section 16J.

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

(a) the person has been convicted of an offence under section 16J in respect of the conduct,

(b) criminal proceedings under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or

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

(3) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £40,000.

(4) Where—

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

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

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

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

(6) Local housing authorities must have regard to any guidance issued under subsection (5).

16L Financial penalties: supplementary and interpretation

(1) The Secretary of State may give financial assistance (by way of grant, loan guarantee or in any other form) or make other payments to a local housing authority in respect of the local housing authority’s functions under or by virtue of sections 16I to 16K.

(2) The Secretary of State may by regulations amend the amount specified in section 16I(6) or 16K(3) to reflect changes in the value of money.

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

(4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Schedule 2ZA makes provision about—

(a) the procedure for imposing financial penalties under sections 16I and 16K,

(b) appeals against financial penalties under sections 16I and 16K,

(c) enforcement of financial penalties under sections 16I and 16K, and

(d) how local housing authorities are to deal with the proceeds of financial penalties under sections 16I and 16K.”

Commencement Information

I15 S. 15 not in force at Royal Assent, see s. 145(1)(8)

16 Financial penalties: procedure, appeals and enforcement E+W

In the 1988 Act, after Schedule 2 insert—

section 16L

“Schedule 2ZA E+W Financial penalties under sections 16I and 16K

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 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates.

(2) But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—

(a) at any time when the conduct is continuing, or

(b) within the period of 6 months beginning with the last day on which the conduct occurs.

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,

(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

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 (“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, 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, 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.

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,

(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—

(a) withdraw a notice of intent or final notice, or

(b) reduce the amount specified in a notice of intent or final notice.

(2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.

Appeals

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 period of 28 days beginning with the day after that on which the final notice was given.

(3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.

(4) An appeal under this paragraph—

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

(b) may be determined having regard to matters of which the authority was unaware.

(5) On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice.

(6) The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than the local housing authority could have imposed.

Recovery of financial penalty

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 whole or part of the penalty on the order of the county court as if it were payable under an order of that court.

(3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—

(a) signed by the chief finance officer of the local housing authority which imposed the penalty, and

(b) states that the amount due has not been received by a date specified in the certificate,

is conclusive evidence of that fact.

(4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

(5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.

Proceeds of financial penalties

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 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.

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,

(c) the activities of a landlord under a tenancy of residential premises in England,

(d) the activities of a superior landlord in relation to such a tenancy,

(e) the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises, or

(f) the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises.

(2) For the purposes of this paragraph “residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.

(3) For the purposes of this paragraph “tenancy” includes a licence to occupy.”

Commencement Information

I16 S. 16 not in force at Royal Assent, see s. 145(1)(8)

Prospective

Landlords etc: supplementary E+W

17 Duties of landlords etc, penalties and offences: interpretation E+W

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

“Duties of landlords etc, penalties and offences: interpretation E+W

16M Duties of landlords etc, penalties and offences: interpretation

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

• “legal representative” means a person carrying on a legal activity, within the meaning of the Legal Services Act 2007, in the course of a business, where the person—

  (a)

  is an authorised person in relation to a reserved legal activity for the purposes of that Act, or

  (b)

  is of a description specified for the purposes of this section in regulations made by the Secretary of State;

• “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London (in its capacity as a local authority) or the Council of the Isles of Scilly;

• “purported notice of possession” means any written document which is not in accordance with section 8 but which (however expressed)—

  (a)

  purports to be a notice under section 8, or

  (b)

  purports to bring an assured tenancy to an end or to require that it is brought to an end (by reference to a ground in Schedule 2 or otherwise),

  and is not a claim form or a document produced pursuant to proceedings in the court for possession of the dwelling-house;

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

  (a)

  the landlord,

  (b)

  a person acting on behalf of the landlord otherwise than as a legal representative, or

  (c)

  a person purporting to act on behalf of the landlord.

(2) For the purposes of 16D to 16L a person relies on a ground in Schedule 2 in relation to a tenancy where the person—

(a) serves on the tenant a notice under section 8, or a purported notice of possession, asserting that the landlord is, will or may be able to obtain an order for possession on that ground, or

(b) having not done anything within paragraph (a) in relation to the ground, files a claim form or particulars of claim with the court, for the purpose of beginning proceedings for possession on that ground.

(3) In section 16E “the restricted period” is to be read in accordance with subsections (4) to (7).

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

(a) in relation to a relevant person relying on Ground 1 or 1A in a notice under section 8 or a purported notice of possession (see subsection (2)(a)), the period—

(i) beginning with the date on which the notice or purported notice is served, and

(ii) ending with the last day of the period of twelve months beginning with the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin;

(b) in relation to a relevant person relying on Ground 1 or 1A in a claim form or particulars of claim (see subsection (2)(b)), the period of twelve months beginning with the date on which the claim form or particulars of claim are filed with the court for the purpose of bringing proceedings for possession.

(5) Where subsection (6) applies, the reference in subsection (4)(a)(ii) to the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin is to be read as a reference to the earliest date that could have been validly so specified in a notice under section 8, served on the same date, specifying Ground 1 or 1A alone.

(6) This subsection applies—

(a) where (because it also specifies Ground 7A or 14) a notice under section 8 specifies, as the earliest date on which proceedings for possession will begin, an earlier date than the earliest date that could have been validly so specified in a notice under section 8 specifying Ground 1 or 1A alone;

(b) where a purported notice of possession—

(i) does not specify a date as the earliest date on which proceedings will begin, or

(ii) specifies as the earliest date on which proceedings will begin a date that could not have been specified in a valid notice under section 8 served on the same date, specifying Ground 1 or 1A alone.

(7) Where, before the end of the restricted period, the court makes an order for possession of the dwelling-house on a ground other than Ground 1 or 1A, the restricted period ends with the day on which the order is made.

(8) Regulations under this section—

(a) may make different provision for different purposes;

(b) are to be made by statutory instrument.

(9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I17 S. 17 not in force at Royal Assent, see s. 145(1)(8)

18 No criminal liability of the Crown under Part 1 of 1988 Act E+W

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

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

(b) after subsection (1) insert—

“(1A) In Chapter 1—

(a) section 16J does not bind the Crown;

(b) in section 16K(1) as it applies by virtue of subsection (1), the reference to a person being guilty of an offence under section 16J is to be read as a reference to the person—

(i) being a landlord under an assured tenancy, or acting or purporting to act on behalf of such a landlord, and (in relation to that tenancy) satisfying the condition in paragraph (a) of section 16J(1) where the condition in paragraph (b) of section 16J(1) is also satisfied,

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

(iii) satisfying the conditions in paragraphs (a) and (b) of section 16J(3), or

(iv) satisfying the conditions in paragraphs (a) and (b)(i) of section 16J(4),

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

(1B) Subsection (1A)(a) does not affect the criminal liability of persons in the service of the Crown.”

Commencement Information

I18 S. 18 not in force at Royal Assent, see s. 145(1)(8)

19 Guarantor not liable for rent payable after tenant’s death E+W

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

“Guarantors E+W

16N Guarantor not liable for rent payable after tenant’s death

(1) This section applies where—

(a) an individual (the “guarantor”) is a party to an arrangement (the “guarantee”) under which the individual guarantees payment by the tenant of rent under an assured tenancy (“guaranteed rent”), and

(b) the guarantor became a party to the guarantee on or after the commencement date.

(2) If—

(a) only one person is the tenant under the assured tenancy, and

(b) that person dies,

the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that person.

(3) If—

(a) two or more persons are the tenant under the assured tenancy, and

(b) all of those persons die,

the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the deaths of those persons (if they all die on the same day) or beginning with the death of the last of those persons to die (if they do not all die on the same day).

(4) If—

(a) two or more persons are the tenant under the assured tenancy,

(b) the guarantor is a family member of only one of those persons, and

(c) that family member of the guarantor dies,

the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that family member.

(5) If—

(a) two or more persons are the tenant under the assured tenancy,

(b) the guarantor is a family member of more than one of those persons, and

(c) all of those family members of the guarantor die,

the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the deaths of those family members (if they all die on the same day) or beginning with the death of the last of those family members to die (if they do not all die on the same day).

(6) For the purposes of this section, the guaranteed rent for the period beginning with the death of a person, or with the deaths of two or more persons, is—

(a) guaranteed rent which—

(i) is for the rent period during which the person dies or persons die (the “relevant rent period”), and

(ii) is attributable to the time after the death of the person or persons, and

(b) guaranteed rent for every rent period after the relevant rent period.

(7) For that purpose, the guaranteed rent for the relevant rent period which is attributable to the time after the death of the person or persons is the amount calculated in accordance with this formula—

where—

• D is the total number of days in the relevant rent period which fall on and after the day of the death of the person or persons;

• T is the total number of days in the relevant rent period;

• R is the guaranteed rent for the relevant rent period.

16P Section 16N: application and interpretation

(1) Section 16N applies to a guarantee—

(a) whether or not it is in writing;

(b) if it is in writing, whether or not it is in the lease;

(c) whether or not it also guarantees the payment of any sum other than the rent.

(2) In section 16N and this section—

• “commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025;

• “family member” is to be read in accordance with subsections (3) and (4);

• “rent period” means a period for which rent is payable.

(3) For the purposes of section 16N, the guarantor is a family member of the following persons—

(a) the spouse, civil partner or co-habitee of the guarantor;

(b) a person who is—

(i) a child,

(ii) a grandchild,

(iii) a parent,

(iv) a grandparent,

(v) a sibling,

(vi) a niece or nephew,

(vii) an aunt or uncle, or

(viii) a cousin,

of the guarantor or of the spouse, civil partner or co-habitee of the guarantor;

(c) a person who is the spouse, civil partner or co-habitee of a person falling within paragraph (b).

(4) If, in accordance with subsection (3), a person (F)—

(a) is a family member of the guarantor when the guarantee is entered into, or

(b) becomes a family member of the guarantor after the guarantee is entered into,

F is to be regarded as being a family member of the guarantor at all times afterwards (regardless of whether F continues to be so in accordance with subsection (3)).

(5) For the purposes of this section—

(a) one person (C) is the “co-habitee” of another person (P) if P lives with C as if they were married or in a civil partnership;

(b) a “niece or nephew” of a person (P) is a child—

(i) of a sibling of P, or

(ii) of a person who is the spouse, civil partner or co-habitee of a sibling of P;

(c) an “aunt or uncle” of a person (P) is a sibling of a parent of P;

(d) a “cousin” of a person (P) is a child—

(i) of an aunt or uncle of P, or

(ii) of a person who is the spouse, civil partner or co-habitee of an aunt or uncle of P;

(e) “sibling” includes a sibling of the half-blood and a step-sibling.”

Commencement Information

I19 S. 19 not in force at Royal Assent, see s. 145(1)(8)

Prospective

Other changes E+W

20 Notices to quit by tenants under assured tenancies: timing E+W

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

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

“(b) it satisfies subsection (1ZA).”

(3) After subsection (1) insert—

“(1ZA) A notice to quit satisfies this subsection—

(a) where it is given by a tenant in relation to premises let under an assured tenancy, if it is given—

(i) not less than any length of time before the date on which the notice is to take effect, not exceeding two months, that the landlord has agreed to in writing, or

(ii) in the absence of agreement under sub-paragraph (i), not less than two months before the date on which the notice is to take effect;

(b) otherwise, if it is given not less than four weeks before the date on which it is to take effect.

But in relation to landlords under assured tenancies see section 5(1) of the Housing Act 1988 (notice to quit by landlord is of no effect).

(1ZB) In the case of a joint assured tenancy, an agreement under subsection (1ZA)(a)(i) is not valid unless it is made between the landlord and all of the tenants.

(1ZC) That does not affect the validity of any notice to quit premises let under a joint assured tenancy that is given by only one or some of the tenants.

(1ZD) In this section “joint assured tenancy” means an assured tenancy where two or more persons are tenants under the tenancy.”

Commencement Information

I20 S. 20 not in force at Royal Assent, see s. 145(1)(8)

21 Notices to quit by tenants under assured tenancies: other E+W

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

“5A Notices to quit by tenants under assured tenancies

(1) Any provision that would bind a tenant as to the means of giving a notice in writing to quit premises let under an assured tenancy is of no effect.

(2) For the purposes of subsection (1) the “means of giving a notice in writing” is the mode by which the words of the notice are represented or reproduced in a visible form.

(3) A notice by a tenant to quit premises let under an assured tenancy may be withdrawn before the date on which it takes effect by the tenant and landlord agreeing in writing to the withdrawal.

(4) In the case of a joint assured tenancy, an agreement under subsection (3) is not valid unless it is made between the landlord and all of the tenants.

(5) That does not affect the validity of any notice to quit premises let under a joint assured tenancy that is given by only one or some of the tenants.

(6) In this section “joint assured tenancy” means an assured tenancy where two or more persons are tenants under the tenancy.”

Commencement Information

I21 S. 21 not in force at Royal Assent, see s. 145(1)(8)

22 Limitation on obligation to pay removal expenses E+W

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

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

(3) Before subsection (1) insert—

“(A1) This section applies to a dwelling-house let on an assured tenancy if—

(a) the landlord is a relevant social landlord, and

(b) the dwelling-house is social housing.”

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

(5) After subsection (1) insert—

“(1A) If the court makes the order for possession on Ground 6 in circumstances where—

(a) the additional RSL condition is met, and

(b) that condition is met in case B (alternative accommodation provided temporarily until other alternative accommodation becomes available),

the landlord must also pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the alternative accommodation provided temporarily.”

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

(7) After subsection (3) insert—

“(4) In this section—

• “relevant social landlord” means—

  (a)

  a private registered provider of social housing,

  (b)

  a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996,

  (c)

  a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010, or

  (d)

  a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity;

• “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.”

Commencement Information

I22 S. 22 not in force at Royal Assent, see s. 145(1)(8)

23 Assured agricultural occupancies: grounds for possession E+W

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

(a) omit subsection (1);

(b) in subsection (2)—

(i) for “Part II” substitute “Part 1”;

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

Commencement Information

I23 S. 23 not in force at Royal Assent, see s. 145(1)(8)

24 Assured agricultural occupancies: opting out etc E+W

(1) The 1988 Act is amended as follows.

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

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

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

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

(5) After that section insert—

“24A Opting out

(1) A tenancy that would otherwise be an assured agricultural occupancy for the purposes of this Part is not such an occupancy for those purposes if—

(a) before the tenancy is entered into, an opt-out notice (see subsection (2)) is served by the person who is to be the landlord on the person who is to be the tenant, and

(b) the tenancy is not the continuation of an existing occupancy (see subsection (3)).

(2) An opt-out notice is a notice, in such form as may be prescribed, stating that the tenancy is not to be an assured agricultural occupancy.

(3) A tenancy is the continuation of an existing occupancy if—

(a) the person to whom the tenancy is granted or, as the case may be, at least one of the persons to whom it is granted was, immediately before it was granted, a tenant under an assured agricultural occupancy, and

(b) the person by whom it is granted or, as the case may be, at least one of the persons by whom it is granted was, immediately before it was granted, a landlord under the assured agricultural occupancy referred to in paragraph (a).

(4) In this Chapter “opted-out tenancy” means a tenancy that, but for this section, would be an assured agricultural occupancy.”

Commencement Information

I24 S. 24 not in force at Royal Assent, see s. 145(1)(8)

25 Accommodation for homeless people: duties of local authority E+W

(1) The Housing Act 1996 is amended as follows.

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

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

(b) in subsection (6) omit paragraph (cc);

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

(d) in subsection (7AC)—

(i) in paragraph (a) omit “shorthold”;

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

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

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

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

Commencement Information

I25 S. 25 not in force at Royal Assent, see s. 145(1)(8)

26 Tenancy deposit requirements E+W

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

(2) In section 212—

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

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

(c) in subsection (8)—

(i) at the appropriate place insert—

• ““assured tenancy” means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988 (for transitional provision see Schedule 6 to the Renters’ Rights Act 2025);”

(ii) omit the definition of “shorthold tenancy”;

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

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

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

(4) In section 214—

(a) in subsection (1)—

(i) for “a shorthold” substitute “an assured”;

(ii) omit “on or after 6 April 2007”;

(b) after subsection (1) insert—

“(1ZA) In relation to a tenancy that, immediately before the commencement date, was an assured shorthold tenancy, subsection (1) applies as if after “assured tenancy”, in the first place it occurs, there were inserted “on or after 6 April 2007”.

(1ZB) In subsection (1ZA)—

• “assured shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 as it had effect before the amendments made by the Renters’ Rights Act 2025;

• “the commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025.”;

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

(5) For section 215 substitute—

“215 Sanctions for non-compliance

(1) Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if the tenancy deposit is being held in accordance with an authorised scheme.

(2) Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if such requirements of the scheme as fell to be complied with by the landlord on receiving the tenancy deposit have been complied with (whether or not within the period mentioned by section 213(3)) in relation to the tenancy deposit.

(3) Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if the requirements of section 213(5) and (6)(a) have been complied with.

(4) Subsections (1) to (3) do not apply in relation to an order for possession made on Ground 7A or 14 in Schedule 2 to the Housing Act 1988 (whether or not any other grounds for possession are met).

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

(a) the tenancy deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or

(b) an application to the county court has been made under section 214(1) and has been determined by that court, withdrawn or settled by agreement between the parties.

(6) If any deposit given in connection with an assured tenancy could not be lawfully required as a result of section 213(7), the court may not make an order for possession of the dwelling-house let on the assured tenancy until the property in question is returned to the person by whom it was given as a deposit.

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

(8) In relation to an assured tenancy that was entered into before the commencement date, subsection (2) is to be read as if the words “on or after 6 April 2007” were inserted after “assured tenancy” in the first place it occurs.

(9) See also paragraph 11 of Schedule 6 to the Renters’ Rights Act 2025 (disapplication of amendments to this Chapter in relation to a tenancy that immediately before the commencement date was an assured tenancy other than an assured shorthold tenancy).

(10) In this section—

• “assured shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 as it had effect before the amendments made by the Renters’ Rights Act 2025;

• “the commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025;

• “the court” means a court having jurisdiction to make an order for possession of a dwelling-house let on an assured tenancy (see section 40 of the Housing Act 1988);

• “dwelling-house” has the same meaning as in Part 1 of the Housing Act 1988 (see section 45 of that Act).”

(6) Omit section 215A.

(7) In section 215B—

(a) in the title, for “Shorthold” substitute “Assured”;

(b) in subsection (1)—

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

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

(8) Omit section 215C.

(9) In Schedule 10—

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

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

Commencement Information

I26 S. 26 not in force at Royal Assent, see s. 145(1)(8)

27 Tenant fees E+W

(1) The Tenant Fees Act 2019 is amended as follows.

(2) Omit section 17.

(3) In section 28(1) (interpretation)—

(a) for the definition of “assured shorthold tenancy” substitute—

• ““assured tenancy” means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988 (for transitional provision see Schedule 6 to the Renters’ Rights Act 2025);”;

(b) omit the definition of “long lease”;

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

“(a)

an assured tenancy other than a tenancy of social housing,”.

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

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

Commencement Information

I27 S. 27 not in force at Royal Assent, see s. 145(1)(8)

Prospective

Other amendments E+W

28 Liability of tenants under assured tenancies for council tax E+W

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

(a) for “or a” substitute “, a”;

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

Commencement Information

I28 S. 28 not in force at Royal Assent, see s. 145(1)(8)

29 Other amendments E+W

Schedule 2 contains amendments relating to this Chapter.

Commencement Information

I29 S. 29 not in force at Royal Assent, see s. 145(1)(8)

Powers of Secretary of State E+W

30 Powers of Secretary of State in connection with Chapter 1 E+W

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

(a) fixed term assured tenancies, or

(b) assured shorthold tenancies.

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

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

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

(a) have effect with specified modifications, or

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

(5) For the purposes of subsection (4)—

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

(i) before the regulations come into force, or

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

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

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

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

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

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

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

(a) the variation or revocation of provision modified by the regulations, 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) may apply to an instrument as it has effect in relation to times before the coming into force of the regulations but after the commencement date.

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

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

(10) In this section—

• “assured shorthold tenancy” is to be read in accordance with Part 1 of the 1988 Act as it had effect immediately before the commencement date;

• “the commencement date” has the meaning given by section 146(3).

Commencement Information

I30 S. 30 in force at Royal Assent for specified purposes, see s. 145(2)

Chapter 2 E+W Tenancies that cannot be assured tenancies

31 Long tenancies and financial services products E+W

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

Fixed term tenancies of more than 21 years

3D A fixed term tenancy of a term certain of more than 21 years from the date of the grant of the tenancy.

Fixed term tenancies of 7 to 21 years granted before the Renters’ Rights Act 2025

3E (1) A tenancy of a term certain of—

(a) 21 years or less, but

(b) more than 7 years,

from the date of the grant of the tenancy.

(2) This paragraph applies only to tenancies entered into—

(a) before the day on which the Renters’ Rights Act 2025 was passed,

(b) during the period of two months beginning with that day, or

(c) after the end of that period under a contract entered into before the end of that period.

Regulated home purchase plans

3F (1) A tenancy which, when it is granted, forms part of a regulated home purchase plan.

(2) In this paragraph “regulated home purchase plan” has the same meaning that it has from time to time in regulation 63F(3)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).

(3) The Secretary of State may, by regulations, amend this paragraph in consequence of an order made under section 22 of the Financial Services and Markets Act 2000.

(4) Regulations under this paragraph—

(a) may make different provision for different purposes;

(b) are to be made by statutory instrument.

(5) A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

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

(3) In the Landlord and Tenant Act 1985—

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

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

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

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

(i) after subsection (1) insert—

“(1AZA) But that is subject to subsections (1ZA) to (1ZC).”;

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

(iii) after subsection (1ZB) insert—

“(1ZC) Section 11 does not apply to a lease of a dwelling-house in England which—

(a) was an assured tenancy immediately before the commencement date (which has the meaning given by section 146(3) of the Renters’ Rights Act 2025), and

(b) was granted—

(i) for a term of seven years or more, and

(ii) by a person other than a private registered provider of social housing.”;

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

(v) after subsection (1A) insert—

“(1AA) Section 11 also applies to a lease of a dwelling-house in England granted on or after the day on which section 166 of the Localism Act 2011 came into force which is a tenancy for a fixed term of more than seven years that—

(a) would be an assured tenancy if it were not for a term of more than seven years,

(b) is not a shared ownership lease, and

(c) is granted by a private registered provider of social housing.”;

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

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

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

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

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

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

Commencement Information

I31 S. 31 in force at 27.12.2025, see s. 145(5)(a)

32 Accommodation for homeless people or students E+W

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

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

(a) for sub-paragraph (1) substitute—

“(1) A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution if—

(a) the tenancy is granted—

(i) by that institution,

(ii) by another specified educational institution, or

(iii) by a specified body of persons, or

(b) either of the following is a member of a specified housing management code of practice—

(i) a person appointed to act on the landlord’s behalf in respect of the tenancy;

(ii) a person appointed to discharge management functions in respect of the building which comprises the dwelling-house or in which the dwelling-house is situated.

(1A) Subsection (1) is subject to sub-paragraphs (2B) to (2D) and (5) to (7).”;

(b) after sub-paragraph (2) insert—

“(2A) Regulations under sub-paragraph (2) may, in particular, specify as a body of persons—

(a) the members, or

(b) a class of the members,

from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2).

(2B) The Secretary of State may by regulations made by statutory instrument—

(a) specify a class of building, and

(b) provide that a tenancy—

(i) does not fall within this paragraph if the dwelling-house is in a building of the specified class, or

(ii) falls within this paragraph only if the dwelling-house is in a building of the specified class.

(2C) The Secretary of State may by regulations made by statutory instrument—

(a) specify a student landlord or a class of student landlord,

(b) specify a class of building in relation to the specified student landlord or specified class of student landlord, and

(c) provide that, where the landlord is the specified student landlord, or a student landlord of the specified class, the tenancy—

(i) does not fall within this paragraph if the dwelling-house is in the specified class of building, or

(ii) falls within this paragraph only if the dwelling-house is in the specified class of building.

(2D) The Secretary of State may by regulations made by statutory instrument—

(a) specify a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building or a class of such persons,

(b) specify a class of building in relation to the specified person or specified class of persons, and

(c) provide that a tenancy—

(i) does not fall within this paragraph if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons, or

(ii) falls within this paragraph only if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons.

(2E) Regulations under sub-paragraph (2B)(a) or (2C)(b) or (2D)(b) may, in particular, specify as a class of building—

(a) the buildings, or

(b) a class of the buildings,

from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (1)(b), (2B)(a) or (2C)(b).

(2F) Regulations under sub-paragraph (2C)(a) may, in particular, specify as a class of student landlord—

(a) the members, or

(b) a class of the members,

from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2C)(a).”;

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

(d) after sub-paragraph (3) insert—

“(4) Regulations under this paragraph—

(a) may make different provision for different purposes;

(b) may make supplemental, consequential, incidental, transitional, transitory or saving provision.

(5) The question of whether or not a tenancy is within this paragraph is to be determined by reference to the circumstances at the time when the tenancy is granted.

(6) A change in the circumstances after that time does not affect whether or not a tenancy is within this paragraph, except in a case where—

(a) the tenant is entitled to possession of the dwelling-house at a time after the tenancy was granted, and

(b) at the time when the tenant is entitled to possession—

(i) condition A is met (see sub-paragraph (8)),

(ii) condition B is met (see sub-paragraphs (9) and (10)), or

(iii) both of those conditions are met.

(7) In such a case, the tenancy ceases to fall within this paragraph (and accordingly this paragraph ceases to prevent the tenancy from being an assured tenancy) at the time when the tenant is entitled to possession.

(8) Condition A is met if—

(a) the tenancy was exempt solely by reference to a code of practice, but

(b) at the time when the tenant is entitled to possession of the dwelling-house, the landlord’s interest under the lease does not attract the exemption under this paragraph.

(9) Condition B is met if—

(a) at the time when the tenancy was granted—

(i) regulations under sub-paragraph (2B), (2C) or (2D) were in force, but

(ii) those regulations did not prevent the tenancy from being within this paragraph, but

(b) at the time when the tenant is entitled to possession of the dwelling-house—

(i) regulations under sub-paragraph (2B), (2C) or (2D) are in force, and

(ii) those regulations prevent the tenancy from being within this paragraph.

(10) But condition B is not met in any circumstances that are specified, or are of a description specified, for this purpose by regulations made by the Secretary of State.

(11) For the purposes of this paragraph—

(a) “management functions” in respect of a building includes functions relating to—

(i) the provision of services, or

(ii) the repair, maintenance, improvement or insurance of the building;

(b) “student landlord” means an institution or body of persons specified, or of a class specified, for the purposes of this paragraph (see sub-paragraph (2));

(c) “housing management code of practice” means a code of practice approved by the Secretary of State under section 233 of the Housing Act 2004 (codes relating to the management of HMOs or excepted accommodation);

(d) a building is “subject to” a housing management code of practice if it—

(i) is a particular building subject to the code, or

(ii) is of a class of buildings subject to the code;

(e) a reference to—

(i) a class of the buildings from time to time subject to a housing management code of practice, or

(ii) a class of the members from time to time of a housing management code of practice,

includes the buildings or members that are from time to time in a class provided for in the code of practice;

(f) a tenancy is “exempt solely by reference to a code of practice” if—

(i) the tenancy was granted by a body of persons who were, at the time of the grant, a specified landlord solely by reference to a code of practice, or

(ii) at the time of the grant, sub-paragraph (1)(b) applied to the tenancy but sub-paragraph (1)(a) did not apply to the tenancy;

(g) a reference to the landlord’s interest under the lease not attracting the exemption under this paragraph is a reference to—

(i) a case where the landlord is not a student landlord and there is no person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building; or

(ii) a case where the landlord is not a student landlord and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building, but that person is not a member of a specified housing management code of practice;

and for that purpose the “relevant building” is the building which the dwelling-house comprises or in which the dwelling-house is situated;

(h) a body of persons are “a specified landlord solely by reference to a code of practice” if they—

(i) are a member of a housing management code of practice that is specified by regulations under sub-paragraph (2A), and

(ii) are not specified by regulations under sub-paragraph (2) as a body of persons otherwise than as a member of that code of practice.”

Commencement Information

I32 S. 32 in force at 27.12.2025, see s. 145(5)(a)

Chapter 3 E+W Discrimination in the rental market: England

Discrimination and discriminatory terms: children and benefits status E+W

33 Discrimination relating to children E+W

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

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

(i) enquiring whether the dwelling is available for let,

(ii) accessing information about the dwelling,

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

(iv) entering into a tenancy of the dwelling, or

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

(2) Subsection (1) does not apply if—

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

(b) the relevant person can show that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance—

(i) to which section 38 does not apply, and

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

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

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

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

(i) publishing advertisements or disseminating information;

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

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

(b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State.

Commencement Information

I33 S. 33 in force at Royal Assent for specified purposes, see s. 145(2)

34 Discrimination relating to benefits status E+W

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

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

(i) enquiring whether the dwelling is available for let,

(ii) accessing information about the dwelling,

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

(iv) entering into a tenancy of the dwelling, or

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

(2) Subsection (1) does not apply if the relevant person can show that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance—

(a) to which section 38 does not apply, and

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

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

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

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

(i) publishing advertisements or disseminating information;

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

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

(b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State.

Commencement Information

I34 S. 34 in force at Royal Assent for specified purposes, see s. 145(2)

Prospective

35 Discriminatory terms in a tenancy relating to children or benefits status E+W

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

(2) Subsection (1) does not apply if—

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

(b) the landlord or a superior landlord is insured under a contract of insurance—

(i) to which section 38 does not apply, and

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

and the provision in the tenancy is a means of preventing the insured from breaching that term.

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

(4) Subsection (3) does not apply if the landlord or a superior landlord is insured under a contract of insurance—

(a) to which section 38 does not apply, and

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

and the provision in the tenancy is a means of preventing the insured from breaching that term.

Commencement Information

I35 S. 35 not in force at Royal Assent, see s. 145(1)(7)

Prospective

36 Terms in superior leases relating to children or benefits status E+W

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

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

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

(2) Subsection (1) does not apply if—

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

(b) the landlord under the lease or a superior landlord is insured under a contract of insurance—

(i) to which section 38 does not apply, and

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

and the provision in the lease is a means of preventing the insured from breaching that term.

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

(4) Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance—

(a) to which section 38 does not apply, and

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

and the provision in the lease is a means of preventing the insured from breaching that term.

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

(a) the terms of any agreement relating to the lease, and

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

Commencement Information

I36 S. 36 not in force at Royal Assent, see s. 145(1)(7)

Prospective

37 Terms in mortgages relating to children or benefits status E+W

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

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

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

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

Commencement Information

I37 S. 37 not in force at Royal Assent, see s. 145(1)(7)

Prospective

38 Terms in insurance contracts relating to children or benefits status E+W

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

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

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

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

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

Commencement Information

I38 S. 38 not in force at Royal Assent, see s. 145(1)(7)

Discrimination and discriminatory terms: power to protect others E+W

39 Power of the Secretary of State to protect others E+W

(1) If the Secretary of State is satisfied that—

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

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

the Secretary of State may make regulations prohibiting that discriminatory rental practice.

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

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

(i) enquiring whether relevant rental dwellings are available for let,

(ii) accessing information about relevant rental dwellings,

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

(iv) entering into tenancies of relevant rental dwellings, or

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

(3) The “victims” of a discriminatory rental practice are—

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

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

(4) Regulations “prohibiting” a discriminatory rental practice are regulations relating to—

(a) the discriminatory rental practice, and

(b) the persons who are the victims of it,

which make provision corresponding to the other anti-discrimination legislation in this Chapter

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

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

(b) sections 35 to 38;

but regulations under this section may make provision corresponding to the provision that may be made under section 33(3)(b) or 34(3)(b).

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

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

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

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

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

(e) mortgagees of dwellings or one or more representatives of such persons;

(f) insurers of dwellings or one or more representatives of such persons;

(g) local housing authorities or one or more representatives of local housing authorities.

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

Commencement Information

I39 S. 39 in force at Royal Assent for specified purposes, see s. 145(2)

Discrimination: financial penalties E+W

40 Financial penalties for breach of anti-discrimination provisions E+W

(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 33 or 34, or

(b) provision in regulations made under section 39.

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

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

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

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

(4) If—

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

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

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

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

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

(7) Where—

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

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

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

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

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

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

(11) For the purposes of this section—

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

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

Commencement Information

I40 S. 40 in force at Royal Assent for specified purposes, see s. 145(2)

Prospective

Supplementary E+W

41 No prohibition on taking income into account E+W

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.

Commencement Information

I41 S. 41 not in force at Royal Assent, see s. 145(1)(7)

42 Interpretation of Chapter 3 E+W

(1) In this Chapter—

• “benefits claimant” means a person who—

  (a)

  is entitled to payments (including payments made directly to a landlord) under or by virtue of the Social Security Contributions and Benefits Act 1992 or the Welfare Reform Act 2012, or would be so entitled were a relevant tenancy to be granted to the person,

  (b)

  is entitled to payments (including payments made directly to a landlord) under or by virtue of the Jobseekers Act 1995, the State Pension Credit Act 2002, the Tax Credits Act 2002, the Welfare Reform Act 2007 or the Pensions Act 2014,

  (c)

  is in receipt of a reduction in the amount of council tax payable in respect of the person’s current home under a scheme made by a billing authority under or by virtue of section 13A of the Local Government Finance Act 1992, or

  (d)

  would be entitled to a reduction in the amount of council tax payable in respect of the dwelling in question under a scheme made by the billing authority in whose area the dwelling is situated under or by virtue of section 13A of the Local Government Finance Act 1992, if the person were to—

  (i)

  rent the dwelling on a relevant tenancy, and

  (ii)

  if an application is a precondition of entitlement, apply to the billing authority for a reduction under the scheme;

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

• “dwelling” means a “dwelling-house” within the meaning of Part 1 of the 1988 Act (see section 45 of that Act) in England;

• “prospective landlord” means a person who proposes to let a dwelling on an agreement which may give rise to a relevant tenancy;

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

• “regulated tenancy” has the same meaning as in the Rent Act 1977 (see section 18 of that Act);

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

  (a)

  the prospective landlord;

  (b)

  a person acting or purporting to act directly or indirectly on behalf of the prospective landlord;

• “relevant tenancy” means an assured tenancy within the meaning of the 1988 Act, other than a tenancy that is—

  (a)

  a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, or

  (b)

  a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2 to the 1988 Act.

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

Commencement Information

I42 S. 42 not in force at Royal Assent, see s. 145(1)(7)

Chapter 4 E+W Discrimination in the rental market: Wales

Prospective

Prohibitions of discrimination E+W

43 Discrimination relating to children or benefits status: Welsh language E+W

(1) The Welsh 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) Mae Rhan 2A yn ei gwneud yn drosedd i landlord neu berson sy’n gweithredu ar ran landlord neu’n honni ei fod yn gweithredu ar ran landlord wahaniaethu mewn perthynas â chontractau meddiannaeth yn erbyn personau a fyddai â phlant yn byw gyda hwy neu’n ymweld â hwy neu sy’n hawlyddion budd-daliadau, ac yn gwneud darpariaeth arall ynghylch gwahaniaethu o’r math hwnnw.”

(3) After section 8 insert—

“Rhan 2A E+W Gwahardd gwahaniaethu

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 neu ymweld â pherson yn yr annedd, pe bai’r annedd, yn gartref i’r person, atal y person rhag—

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

(ii) cael mynediad at wybodaeth am yr annedd,

(iii) gweld yr annedd er mwyn ystyried a ddylai geisio ei rhentu, neu

(iv) sicrhau contract meddiannaeth mewn cysylltiad â’r annedd neu sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei barhau, neu

(b) cymhwyso darpariaeth, maen prawf neu arfer er mwyn peri bod pobl a fyddai â phlentyn yn byw gyda hwy neu’n ymweld â hwy yn yr annedd yn llai tebygol o sicrhau contract meddiannaeth mewn cysylltiad â’r annedd neu’n llai tebygol o sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei barhau na phobl a fyddai heb blentyn yn byw gyda hwy neu’n ymweld â hwy.

(2) Mae’n amddiffyniad i’r person perthnasol brofi bod yr ymddygiad yn fodd cymesur o gyflawni nod dilys.

(3) Mae’n amddiffyniad i’r person perthnasol brofi bod darpar landlord yr annedd, neu berson a fyddai’n uwchlandlord mewn perthynas â’r annedd, wedi ei yswirio o dan gontract yswiriant—

(a) nad yw adran 8H yn gymwys iddo, a

(b) sy’n cynnwys teler sy’n ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd neu sy’n ei gwneud yn ofynnol i’r landlord gyfyngu’r amgylchiadau lle caniateir i ddeiliad contract wneud hynny,

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

(1) Mae’n drosedd i berson perthnasol, mewn perthynas ag annedd sydd i fod yn destun contract meddiannaeth—

(a) ar y sail bod person yn hawlydd budd-daliadau neu y gallai fod yn hawlydd budd-daliadau, atal y person rhag—

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

(ii) cael mynediad at wybodaeth am yr annedd,

(iii) gweld yr annedd er mwyn ystyried a ddylai geisio ei rhentu, neu

(iv) sicrhau contract meddiannaeth mewn cysylltiad â’r annedd neu sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei barhau, neu

(b) cymhwyso darpariaeth, maen prawf neu arfer er mwyn peri bod hawlyddion budd-daliadau yn llai tebygol o sicrhau contract meddiannaeth mewn cysylltiad â’r annedd neu’n llai tebygol o sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei barhau na phobl nad ydynt yn hawlyddion budd-daliadau.

(2) Mae’n amddiffyniad i’r person perthnasol brofi bod darpar landlord yr annedd, neu berson a fyddai’n uwchlandlord mewn perthynas â’r annedd, wedi ei yswirio o dan gontract yswiriant—

(a) nad yw adran 8H yn gymwys iddo, a

(b) sy’n cynnwys teler sy’n ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract ar yr annedd rhag bod yn hawlydd budd-daliadau,

a bod yr ymddygiad yn fodd i atal y person sydd wedi ei yswirio rhag torri’r teler hwnnw.

(3) Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar euogfarn ddiannod i ddirwy.

8C Eithriad ar gyfer cyhoeddi hysbysiadau etc

Nid yw ymddygiad yn gyfystyr a throsedd o dan adran 8A(1) nac adran 8B(1) os nad yw ond yn cynnwys—

(a) un neu ragor o’r pethau a ganlyn a wneir gan berson nad yw’n gwneud dim mewn perthynas â’r annedd sydd heb ei grybwyll yn y paragraff hwn—

(i) cyhoeddi hysbysiadau neu ledaenu gwybodaeth;

(ii) darparu cyfrwng y gall darpar landlord gyfathrebu drwyddo yn uniongyrchol â darpar ddeiliad contract;

(iii) darparu cyfrwng y gall darpar ddeiliad contract gyfathrebu drwyddo yn uniongyrchol â darpar landlord, neu

(b) pethau o ddisgrifiad, neu bethau a wneir gan berson o ddisgrifiad, a bennir at ddibenion yr adran hon mewn rheoliadau.

8D Parhau i dorri gwaharddiad ar ôl cosb benodedig

(1) Mae person yn cyflawni trosedd—

(a) os oes hysbysiad cosb benodedig wedi ei roi i’r person o dan adran 13 am drosedd o dan y Rhan hon mewn perthynas ag annedd ac nad yw wedi ei dynnu’n ôl, a

(b) os yw’r ymddygiad y rhoddwyd yr hysbysiad cosb benodedig mewn cysylltiad ag ef yn parhau mewn perthynas â’r annedd honno ar ôl diwedd y cyfnod o 28 o ddiwrnodau sy’n dechrau â’r dyddiad y rhoddwyd yr hysbysiad o dan adran 13.

(2) Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar euogfarn ddiannod i ddirwy.

8E Ailadrodd tor gwaharddiad ar ôl cosb benodedig

(1) Mae person yn cyflawni trosedd—

(a) os oes hysbysiad cosb benodedig wedi ei roi i’r person o dan adran 13 am drosedd o dan y Rhan hon ac nad yw wedi ei dynnu’n ôl, a

(b) os yw’r person yn cyflawni trosedd arall o dan yr un adran o fewn y cyfnod o 5 mlynedd sy’n dechrau â’r dyddiad y rhoddwyd yr hysbysiad o dan adran 13.

(2) Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar euogfarn ddiannod i ddirwy.

8F Telerau mewn uwchlesau yn ymwneud â phlant neu statws o ran budd-daliadau

(1) Nid yw teler mewn les ar fangre sy’n ffurfio annedd neu sy’n cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i denant o dan y les honno neu unrhyw is-les—

(a) gwahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd, neu

(b) cyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd,

(ond mae’r les yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).

(2) Nid yw is-adran (1) yn gymwys—

(a) os yw’r gofyniad yn fodd cymesur o gyflawni nod dilys, neu

(b) os yw’r landlord o dan y les neu uwchlandlord wedi ei yswirio o dan gontract yswiriant—

(i) nad yw adran 8H yn gymwys iddo, a

(ii) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd neu gyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd,

a bod y gofyniad yn y les yn fodd i atal y sawl sydd wedi ei yswirio rhag torri’r teler hwnnw.

(3) Nid yw teler mewn les ar fangre sy’n ffurfio annedd neu sy’n cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i denant o dan y les honno neu unrhyw is-les wahardd deiliad contract rhag bod yn hawlydd budd-daliadau (ond mae’r les yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).

(4) Nid yw is-adran (3) yn gymwys os yw’r landlord o dan y les neu uwchlandlord wedi ei yswirio o dan gontract yswiriant—

(a) nad yw adran 8H yn gymwys iddo, a

(b) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract rhag bod yn hawlydd budd-daliadau,

a bod y gofyniad yn y les yn fodd i atal y sawl sydd wedi ei yswirio rhag torri’r teler hwnnw.

(5) At ddibenion yr adran hon, mae telerau les yn cynnwys—

(a) telerau unrhyw gytundeb sy’n ymwneud â’r les, a

(b) unrhyw ddogfen neu gyfathrebiad oddi wrth y landlord sy’n rhoi neu’n gwrthod cydsyniad i isosod o dan y les i gategori neu ddisgrifiad o berson.

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 adran hon) yn ei gwneud yn ofynnol i’r morgeisiwr—

(a) gwahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd, neu

(b) cyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd,

(ond mae’r morgais yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).

(2) Nid yw teler mewn morgais ar fangre sy’n ffurfio annedd neu sy’n cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i’r morgeisiwr wahardd deiliad contract rhag bod yn hawlydd budd-daliadau (ond mae’r morgais yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).

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 iddo yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio—

(a) gwahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd sy’n destun contract meddiannaeth, neu

(b) cyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd sy’n destun contract meddiannaeth,

(ond mae’r contract yswiriant yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).

(2) Nid yw teler mewn contract yswiriant y mae’r adran hon yn gymwys iddo yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract annedd sy’n destun contract meddiannaeth rhag bod yn hawlydd budd-daliadau (ond mae’r contract yswiriant yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).

(3) Mae’r adran hon yn gymwys i gontractau yswiriant a wnaed neu yr estynnwyd eu cyfnod ar neu ar ôl y diwrnod y daw’r adran hon i rym.

8I Dim gwaharddiad ar roi ystyriaeth i incwm

Nid oes dim yn y Rhan hon yn gwahardd rhoi ystyriaeth i incwm person wrth ystyried a fyddai’r person hwnnw yn gallu fforddio talu rhent o dan gontract meddiannaeth.

8J Dehongli Rhan 2A

(1) Yn y Rhan hon—

• mae i “contract meddiannaeth” (“occupation contract”) yr un ystyr ag yn Neddf Rhentu Cartrefi (Cymru) 2016 (dccc 1) (gweler adran 7 o’r Ddeddf honno);

• ystyr “darpar ddeiliad contract” (“prospective contract-holder”) yw person sy’n ceisio dod o hyd i annedd i’w rhentu o dan gontract meddiannaeth;

• ystyr “darpar landlord” (“prospective landlord”) yw person sy’n bwriadu gosod annedd o dan gontract meddiannaeth;

• ystyr “hawlydd budd-daliadau” (“benefits claimant”) yw person—

  (a)

  sydd â hawl i gael taliadau (gan gynnwys taliadau a wneir yn uniongyrchol i landlord) o dan Ddeddf Cyfraniadau a Budd-daliadau Nawdd Cymdeithasol 1992 neu Ddeddf Diwygio Lles 2012 neu yn rhinwedd y deddfau hynny, neu a fyddai â hawl o’r fath pe bai’r person yn dod yn ddeiliad contract o dan gontract meddiannaeth,

  (b)

  sydd â hawl i gael taliadau (gan gynnwys taliadau a wneir yn uniongyrchol i landlord) o dan neu yn rhinwedd Deddf Ceiswyr Gwaith 1995, Deddf Credyd Pensiwn y Wladwriaeth 2002, Deddf Credydau Treth 2002, Deddf Diwygio Lles 2007 neu Ddeddf Pensiynau 2014,

  (c)

  sy’n cael gostyngiad yn swm y dreth gyngor sy’n daladwy mewn perthynas â chartref presennol y person o dan gynllun a wneir gan awdurdod bilio o dan neu yn rhinwedd adran 13A o Ddeddf Cyllid Llywodraeth Leol 1992, neu

  (d)

  a fyddai â’r hawl i gael gostyngiad yn swm y dreth gyngor sy’n daladwy mewn perthynas â’r annedd o dan sylw o dan gynllun a wneir gan yr awdurdod bilio y mae’r annedd yn ei ardal o dan neu yn rhinwedd adran 13A o Ddeddf Cyllid Llywodraeth Leol 1992, pe bai’r person—

  (i)

  yn rhentu’r annedd o dan gontract meddiannaeth, a

  (ii)

  os yw gwneud cais yn rhagamod ar gyfer hawlio gostyngiad, yn gwneud cais i’r awdurdod bilio am ostyngiad o dan y cynllun;

• ystyr “person perthnasol” (“relevant person”), mewn perthynas â chontract meddiannaeth, yw—

  (a)

  y darpar landlord;

  (b)

  person sy’n gweithredu’n uniongyrchol neu’n anuniongyrchol ar ran y darpar landlord neu sy’n honni ei fod yn gweithredu’n uniongyrchol neu’n anuniongyrchol ar ran y darpar landlord;

• ystyr “plentyn” (“child”) yw person o dan 18 oed.

(2) Yn y Rhan hon, mae cyfeiriad at wneud rhywbeth ar sail ffeithiau penodol yn cynnwys cyfeiriad at wneud hynny ar sail cred yn y ffeithiau hynny.”

(4) In section 10(4)—

(a) after the opening words insert—

“(za) mewn perthynas â throsedd o dan Ran 2A neu o dan reoliadau o dan adran 47 neu 48 o Ddeddf Hawliau Rhentwyr 2025—

(i) person sy’n landlord o dan gontract meddiannaeth neu sydd wedi bod yn landlord o dan gontract o’r fath;

(ii) person sy’n ddeiliad contract o dan gontract meddiannaeth neu sydd wedi bod yn ddeiliad contract o dan gontract o’r fath;

(iii) person sy’n berson perthnasol mewn perthynas â chontract meddiannaeth neu sydd wedi bod yn berson perthnasol mewn perthynas â chontract o’r fath;

(zb) mewn perthynas â throsedd o dan unrhyw ddarpariaeth arall o’r Ddeddf hon—”;

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

(5) After section 10(4) insert—

“(4A) Yn is-adran (4)—

• mae i “contract meddiannaeth” (“occupation contract”) yr un ystyr ag yn Neddf Rhentu Cartrefi (Cymru) 2016 (dccc 1) (gweler adran 7 o’r Ddeddf honno);

• mae i “person perthnasol” (“relevant person”) yr ystyr a roddir yn adran 8J.”

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

(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 47 neu 48 o Ddeddf Hawliau Rhentwyr 2025, mae awdurdod pwysau a mesurau lleol yn awdurdod gorfodi ychwanegol mewn perthynas â’r ardal y mae’n awdurdod pwysau a mesurau ar ei chyfer.”;

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

(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,”.

Commencement Information

I43 S. 43 not in force at Royal Assent, see s. 145(1)(7)

44 Discrimination relating to children or benefits status: English language E+W

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

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

“(2A) Part 2A makes it an offence for a landlord or person acting or purporting to act on a landlord’s behalf to discriminate in relation to occupation contracts against persons who would have children live with or visit them or who are benefits claimants, and makes other provision about discrimination of that kind.”

(3) After section 8 insert—

“Part 2A E+W 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—

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

(i) enquiring whether the dwelling is available for rent,

(ii) accessing information about the dwelling,

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

(iv) obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or

(b) to apply a provision, criterion or practice in order to make people who would have a child live with or visit them at the dwelling less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who would not.

(2) It is a defence for the relevant person to prove that the conduct is a proportionate means of achieving a legitimate aim.

(3) It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance—

(a) to which section 8H does not apply, and

(b) which contains a term which requires the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or requires the landlord to restrict the circumstances in which a contract-holder may do so,

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

(4) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

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—

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

(i) enquiring whether the dwelling is available for rent,

(ii) accessing information about the dwelling,

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

(iv) obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or

(b) to apply a provision, criterion or practice in order to make benefits claimants less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who are not benefits claimants.

(2) It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance—

(a) to which section 8H does not apply, and

(b) which contains a term which requires the insured to prohibit a contract-holder of the dwelling from being a benefits claimant,

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

(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

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—

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

(i) publishing advertisements or disseminating information;

(ii) providing a means by which a prospective landlord can communicate directly with a prospective contract-holder;

(iii) providing a means by which a prospective contract-holder can communicate directly with a prospective landlord, or

(b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations.

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 section 13 for an offence under this Part in relation to a dwelling and has not been withdrawn, and

(b) the conduct in respect of which the fixed penalty notice was given continues in relation to that dwelling after the end of the period of 28 days beginning with the date on which the notice under section 13 was given.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

8E Repeated breach of prohibition after fixed penalty

(1) A person commits an offence if—

(a) a fixed penalty notice has been given to the person under section 13 for an offence under this Part and has not been withdrawn, and

(b) the person commits another offence under the same section within the period of 5 years beginning with the date on which the notice under section 13 was given.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

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 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

(b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling,

(but the lease continues, so far as practicable, to have effect in every other respect).

(2) Subsection (1) does not apply if—

(a) the requirement is a proportionate means of achieving a legitimate aim, or

(b) the landlord under the lease or a superior landlord is insured under a contract of insurance—

(i) to which section 8H does not apply, and

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

and the requirement in the lease is a means of preventing the insured from breaching that term.

(3) A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease to prohibit a contract-holder from being a benefits claimant (but the lease continues, so far as practicable, to have effect in every other respect).

(4) Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance—

(a) to which section 8H does not apply, and

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

and the requirement in the lease is a means of preventing the insured from breaching that term.

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

(a) the terms of any agreement relating to the lease, and

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

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—

(a) prohibit a contract-holder from having a child live with or visit them at the dwelling, or

(b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling,

(but the mortgage continues, so far as practicable, to have effect in every other respect).

(2) A term of a mortgage of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require the mortgagor to prohibit a contract-holder from being a benefits claimant (but the mortgage continues, so far as practicable, to have effect in every other respect).

8H Terms in insurance contracts relating to children or benefits status

(1) A term of a contract of insurance to which this section applies is not binding to the extent that (but for this section) it would require the insured to—

(a) prohibit a contract-holder from having a child live with or visit them at the dwelling subject to an occupation contract, or

(b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling subject to an occupation contract,

(but the insurance contract continues, so far as practicable, to have effect in every other respect).

(2) A term of a contract of insurance to which this section applies is not binding to the extent that (but for this section) it would require the insured to prohibit a contract-holder of a dwelling that is subject to an occupation contract from being a benefits claimant (but the insurance contract continues, so far as practicable, to have effect in every other respect).

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

8I No prohibition on taking income into account

Nothing in this Part prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under an occupation contract.

8J Interpretation of Part 2A

(1) In this Part—

• “benefits claimant” (“ceisydd budd-daliadau”) means a person who—

  (a)

  is entitled to payments (including payments made directly to a landlord) under or by virtue of the Social Security Contributions and Benefits Act 1992 or the Welfare Reform Act 2012, or would be so entitled were the person to become a contract-holder under an occupation contract,

  (b)

  is entitled to payments (including payments made directly to a landlord) under or by virtue of the Jobseekers Act 1995, the State Pension Credit Act 2002, the Tax Credits Act 2002, the Welfare Reform Act 2007 or the Pensions Act 2014,

  (c)

  is in receipt of a reduction in the amount of council tax payable in respect of the person’s current home under a scheme made by a billing authority under or by virtue of section 13A of the Local Government Finance Act 1992, or

  (d)

  would be entitled to a reduction in the amount of council tax payable in respect of the dwelling in question under a scheme made by the billing authority in whose area the dwelling is situated under or by virtue of section 13A of the Local Government Finance Act 1992, if the person were to—

  (i)

  rent the dwelling under an occupation contract, and

  (ii)

  if an application is a precondition of entitlement, apply to the billing authority for a reduction under the scheme;

• “child” (“plentyn”) means a person under the age of 18;

• “occupation contract” (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act);

• “prospective contract-holder” (“darpar ddeiliad contract”) means a person seeking to find a dwelling to rent under an occupation contract;

• “prospective landlord” (“darpar landlord”) means a person who proposes to let a dwelling under an occupation contract;

• “relevant person” (“person perthnasol”), in relation to an occupation contract, means—

  (a)

  the prospective landlord;

  (b)

  a person acting or purporting to act directly or indirectly on behalf of the prospective landlord.

(2) In this Part a reference to doing something on the basis of particular facts includes reference to doing it on the basis of a belief in those facts.”

(4) In section 10(4)—

(a) after the opening words insert—

“(za) in respect of an offence under Part 2A or under regulations under section 47 or 48 of the Renters’ Rights Act 2025—

(i) a person who is or has been a landlord under an occupation contract;

(ii) a person who is or has been a contract-holder under an occupation contract;

(iii) a person who is or has been a relevant person in relation to an occupation contract;

(zb) in respect of an offence under any other provision of this Act—”;

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

(5) After section 10(4) insert—

“(4A) In subsection (4)—

• “occupation contract” (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act);

• “relevant person” (“person perthnasol”) has the meaning given in section 8J.”

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

(7) In section 17—

(a) after subsection (3) insert—

“(3A) For the purposes of this Part as it relates to offences under Part 2A or under regulations under section 47 or 48 of the Renters’ Rights Act 2025, a local weights and measures authority is an additional enforcement authority in relation to the area for which it is the local weights and measures authority.”;

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

(c) at the end of subsection (4) insert—

• ““local weights and measures authority” has the meaning given by section 69(2) of the Weights and Measures Act 1985.”

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

Commencement Information

I44 S. 44 not in force at Royal Assent, see s. 145(1)(7)

45 Amendment of short title of Renting Homes (Fees etc.) (Wales) Act 2019 E+W

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

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

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

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

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

(i) the italic heading before paragraph 5;

(ii) paragraph 5(1)(a);

(iii) paragraph 5(2)(a);

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

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

(i) the heading;

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

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

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

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

(i) the italic heading before paragraph 5;

(ii) paragraph 5(1)(a);

(iii) paragraph 5(2)(a);

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

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

(i) the heading;

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

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

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

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

Commencement Information

I45 S. 45 not in force at Royal Assent, see s. 145(1)(7)

Prospective

Discriminatory terms E+W

46 Amendments of Renting Homes (Wales) Act 2016 regarding discrimination E+W

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

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

“(da) mae’n gwahardd landlordiaid rhag ymyrryd â hawl deiliaid contract i gael plant yn byw gyda hwy neu’n ymweld â hwy, neu i’ hawlio budd-daliadau,”.

(3) After section 54 insert—

“Pennod 6A E+W Gwahardd gwahaniaethu yn erbyn pobl sydd â phlant neu sy’n hawlyddion budd-daliadau

54A Yr hawl i blant fyw yn yr annedd neu ymweld â hi

(1) Yn ddarostyngedig i is-adran (2), caniateir i ddeiliad y contract o dan gontract meddiannaeth ganiatáu i berson nad yw wedi cyrraedd 18 oed fyw yn yr annedd neu ymweld â hi.

(2) Ni chaniateir i’r landlord o dan gontract meddiannaeth ymyrryd â hawl deiliad y contract o dan is-adran (1) na chyfyngu ar arfer yr hawl honno, oni bai bod yr ymyrryd neu’r cyfyngu yn fodd cymesur o gyflawni nod dilys.

(3) Mae’r adran hon yn ddarpariaeth sylfaenol sydd wedi ei hymgorffori fel un o delerau pob contract meddiannaeth, ac eithrio pan fo’r landlord neu uwchlandlord wedi ei yswirio o dan gontract yswiriant—

(a) nad yw adran 8H o Ddeddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019 yn gymwys iddo, a

(b) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd y deiliad contract rhag bod â pherson nad yw wedi cyrraedd 18 oed yn byw gydag ef neu’n ymweld ag ef yn yr annedd neu gyfyngu’r amgylchiadau lle caniateir i ddeiliad y contract fod â pherson o’r fath yn byw gydag ef neu’n ymweld ag ef yn yr annedd.

54B Yr hawl i hawlio budd-daliadau

(1) Ni chaniateir i’r landlord o dan gontract meddiannaeth wahardd deiliad y contract rhag bod yn hawlydd budd-daliadau o fewn yr ystyr a roddir gan adran 8J o Ddeddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019.

(2) Mae’r adran hon yn ddarpariaeth sylfaenol sydd wedi ei hymgorffori fel un o delerau pob contract meddiannaeth, ac eithrio pan fo’r landlord neu uwchlandlord wedi ei yswirio o dan gontract yswiriant—

(a) nad yw adran 8H o Ddeddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019 yn gymwys iddo, a

(b) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad y contract rhag hawlio taliadau a grybwyllir yn is-adran (1).”

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

“Adran 54A	Rhaid i L beidio ag ymyrryd â hawl D-C i fod â phersonau o dan 18 oed yn ymweld â’r annedd neu’n byw yno
Adran 54B	Rhaid i L beidio â gwahardd D-C rhag hawlio budd-daliadau lles”.

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

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

“(da) it prohibits landlords from interfering with contract-holders having children live with or visit them, or claiming benefits,”.

(7) After section 54 insert—

“Chapter 6A E+W Prohibition of discrimination against people with children and benefits claimants

54A Right for children to live at or visit dwelling

(1) Subject to subsection (2), the contract-holder under an occupation contract may permit a person who has not reached the age of 18 to live in or visit the dwelling.

(2) The landlord under an occupation contract must not interfere with or restrict the exercise of the contract-holder’s right under subsection (1), unless the interference or restriction is a proportionate means of achieving a legitimate aim.

(3) This section is a fundamental provision which is incorporated as a term of all occupation contracts, except where the landlord or a superior landlord is insured under a contract of insurance—

(a) to which section 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 does not apply, and

(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit the contract-holder from having a person who has not reached the age of 18 live with or visit them at the dwelling or to restrict the circumstances in which the contract-holder may have such a person live with or visit them at the dwelling.

54B Right to claim benefits

(1) The landlord under an occupation contract must not prohibit the contract-holder from being a benefits claimant within the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.

(2) This section is a fundamental provision which is incorporated as a term of all occupation contracts, unless the landlord or a superior landlord is insured under a contract of insurance—

(a) to which section 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 does not apply, and

(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit the contract-holder from claiming payments mentioned in subsection (1).”

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

“Section 54A	L must not interfere with C-H’s right to have persons under 18 visit or live at the dwelling
Section 54B	L must not prohibit C-H from claiming welfare benefits”.

Commencement Information

I46 S. 46 not in force at Royal Assent, see s. 145(1)(7)

Supplementary E+W

47 Power of Welsh Ministers to protect others E+W

(1) If the Welsh Ministers are satisfied that—

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

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

the Welsh Ministers may make regulations prohibiting that discriminatory rental practice.

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

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

(i) enquiring whether relevant rental dwellings are available for rent,

(ii) accessing information about relevant rental dwellings,

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

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

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

(3) The “victims” of a discriminatory rental practice are—

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

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

(4) Regulations “prohibiting” a discriminatory rental practice are regulations relating to—

(a) the discriminatory rental practice, and

(b) the persons who are the victims of it,

which make provision corresponding to the relevant anti-discrimination legislation.

(5) The relevant anti-discrimination legislation is—

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

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

but regulations under this section may make provision corresponding to the provision that may be made under section 8C(b) of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.

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

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

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

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

(d) mortgagees of dwellings or one or more representatives of such persons;

(e) insurers of dwellings or one or more representatives of such persons;

(f) local housing authorities or one or more representatives of local housing authorities.

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

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

(9) In this section—

• “benefits claimant” has the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019;

• “local housing authority” means the council for a county or county borough in Wales;

• “occupation contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act);

• “relevant person” has the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.

Commencement Information

I47 S. 47 in force at Royal Assent for specified purposes, see s. 145(2)

48 Power of Secretary of State to protect others E+W

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

Commencement Information

I48 S. 48 in force at Royal Assent for specified purposes, see s. 145(2)

49 Regulations E+W

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

Commencement Information

I49 S. 49 in force at Royal Assent for specified purposes, see s. 145(2)

Chapter 5 S Discrimination in the rental market: Scotland

Prospective

Discrimination and discriminatory terms: children and benefits status S

50 Discrimination relating to children or benefits status S

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

(2) After section 6 insert—

“Part 1A S 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 is to be let on an agreement which may give rise to a private residential tenancy—

(a) prevent a person, on the basis that the relevant person believes that the property would or may be used by a child if the property were the person’s home, from—

(i) enquiring whether the property is available for let,

(ii) accessing information about the property,

(iii) viewing the property in order to consider whether to seek to rent it, or

(iv) entering into a tenancy of the property, or

(b) apply a provision, criterion or practice in order to make people who would allow the property to be used by a child less likely to enter into a tenancy of the property than people who would not.

(2) It is a defence for the relevant person to show—

(a) that the conduct is a proportionate means of achieving a legitimate aim, or

(b) that the property is insured under an excluded contract of insurance and the conduct is a means of preventing the insured from breaching the term which causes the contract to be an excluded contract of insurance.

(3) Conduct does not constitute an offence under subsection (1) if it consists only of—

(a) things done by a person who does nothing in relation to the property other than one or more of the following things—

(i) publishing advertisements or disseminating information,

(ii) providing a means by which a prospective landlord can communicate directly with a prospective tenant,

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

(b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Scottish Ministers.

(4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) For the purpose of this section—

(a) a property is used by a child if a child lives with or visits a person at the property,

(b) a contract of insurance is an excluded contract of insurance if—

(i) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and

(ii) it contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a private residential tenancy from allowing a child to use the property, or to restrict the circumstances in which such a tenant may allow a child to do so.

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 is to be let on an agreement which may give rise to a private residential tenancy—

(a) prevent a person, on the basis of the person’s benefits status, from—

(i) enquiring whether the property is available for let,

(ii) accessing information about the property,

(iii) viewing the property in order to consider whether to seek to rent it, or

(iv) entering into a tenancy of the property, or

(b) apply a provision, criterion or practice in order to make people who are or who, if the property were their home, may become benefits claimants less likely to enter into a tenancy of the property than people who are not.

(2) It is a defence for the relevant person to show that the property is insured under an excluded contract of insurance and the conduct is a means of preventing the insured from breaching the term which causes the contract to be an excluded contract of insurance.

(3) Conduct does not constitute an offence under subsection (1) if it consists only of—

(a) things done by a person who does nothing in relation to the property other than one or more of the following things—

(i) publishing advertisements or disseminating information,

(ii) providing a means by which a prospective landlord can communicate directly with a prospective tenant,

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

(b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Scottish Ministers.

(4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) For the purpose of this section—

(a) something is done on the basis of a person’s benefits status if it is done on the basis that the relevant person believes that the person is, or may be or, if the property were the person’s home, may become a benefits claimant,

(b) a contract of insurance is an excluded contract of insurance if—

(i) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and

(ii) it contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a private residential tenancy from being a benefits claimant.

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 which the tenant may have a child do so, or

(b) prohibiting the tenant from being a benefits claimant.

(2) But—

(a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim,

(b) subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance.

(3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if—

(a) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and

(b) it contains a term which makes provision (however expressed) requiring the landlord—

(i) to prohibit the tenant from having a child live with or visit the tenant at the 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.

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

In this Part—

• “benefits claimant” means a person who—

  (a)

  is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or

  (b)

  is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a),

• “benefits and welfare legislation” means—

  (a)

  the Social Security Contributions and Benefits Act 1992,

  (b)

  the Jobseekers Act 1995,

  (c)

  the State Pension Credit Act 2002,

  (d)

  the Tax Credits Act 2002,

  (e)

  the Welfare Reform Act 2007,

  (f)

  the Welfare Reform Act 2012,

  (g)

  the Pensions Act 2014,

  (h)

  the Social Security (Scotland) Act 2018,

• “child” means a person under the age of 18,

• “prospective landlord” means a person who proposes to let a property on an agreement which may give rise to a private residential tenancy,

• “prospective tenant” means a person seeking to find a property to rent,

• “relevant person”, in relation to a property, means—

  (a)

  the prospective landlord,

  (b)

  a person acting or purporting to act directly or indirectly on behalf of the prospective landlord.”

(3) Before section 76, insert—

“75A Crown application

(1) Nothing in Part 1A makes the Crown criminally liable.

(2) But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable were it not for subsection (1).

(3) Subsection (1) does not affect the criminal liability of persons in the service of the Crown.”

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

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

(6) After section 26 insert—

“26A Discriminatory terms relating to children or benefits status

(1) A term of an assured tenancy is of no effect so far as the term makes provision (however expressed)—

(a) prohibiting the tenant from having a child live with or visit the tenant at the dwelling or restricting the circumstances in which the tenant may have a child do so, or

(b) prohibiting the tenant from being a benefits claimant.

(2) But—

(a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, and

(b) subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance.

(3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if—

(a) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and

(b) it contains a term which makes provision (however expressed) requiring the landlord—

(i) to prohibit the tenant from having a child live with or visit the tenant at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the dwelling, or

(ii) to prohibit the tenant from being a benefits claimant.

(4) In this section—

• “benefits claimant” means a person who—

  (a)

  is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or

  (b)

  is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a),

• “benefits and welfare legislation” means—

  (a)

  the Social Security Contributions and Benefits Act 1992,

  (b)

  the Jobseekers Act 1995,

  (c)

  the State Pension Credit Act 2002,

  (d)

  the Tax Credits Act 2002,

  (e)

  the Welfare Reform Act 2007,

  (f)

  the Welfare Reform Act 2012,

  (g)

  the Pensions Act 2014,

  (h)

  the Social Security (Scotland) Act 2018,

• “child” means a person under the age of 18.”

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

(8) After section 101 insert—

“101A Discriminatory terms relating to children or benefits status

(1) A term of a protected or statutory tenancy is of no effect so far as the term makes provision (however expressed)—

(a) prohibiting the tenant from having a child live with or visit the tenant at the dwelling or restricting the circumstances in which the tenant may have a child do so, or

(b) prohibiting the tenant from being a benefits claimant.

(2) But—

(a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, and

(b) subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance.

(3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if—

(a) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and

(b) it contains a term which makes provision (however expressed) requiring the landlord—

(i) to prohibit the tenant from having a child live with or visit the tenant at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the dwelling, or

(ii) to prohibit the tenant from being a benefits claimant.

(4) In this section—

• “benefits claimant” means a person who—

  (a)

  is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or

  (b)

  is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a),

• “benefits and welfare legislation” means—

  (a)

  the Social Security Contributions and Benefits Act 1992,

  (b)

  the Jobseekers Act 1995,

  (c)

  the State Pension Credit Act 2002,

  (d)

  the Tax Credits Act 2002,

  (e)

  the Welfare Reform Act 2007,

  (f)

  the Welfare Reform Act 2012,

  (g)

  the Pensions Act 2014,

  (h)

  the Social Security (Scotland) Act 2018,

• “child” means a person under the age of 18.”

Commencement Information

I50 S. 50 not in force at Royal Assent, see s. 145(1)(7)

51 Terms in standard securities relating to children or benefits status S

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

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

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

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

Commencement Information

I51 S. 51 not in force at Royal Assent, see s. 145(1)(7)

52 Terms in insurance contracts relating to children or benefits status S

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

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

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

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

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

Commencement Information

I52 S. 52 not in force at Royal Assent, see s. 145(1)(7)

Discrimination and discriminatory terms: power to protect others S

53 Power of Scottish Ministers to protect others S

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

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

(3) Regulations under subsection (1)—

(a) may amend, repeal or revoke provision made by or under—

(i) an Act of the Scottish Parliament,

(ii) an Act (including this Act),

whenever passed or made;

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

Commencement Information

I53 S. 53 in force at Royal Assent for specified purposes, see s. 145(2)

54 Power of Secretary of State to protect others S

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

Commencement Information

I54 S. 54 in force at Royal Assent for specified purposes, see s. 145(2)

Prospective

Supplementary S

55 Interpretation of Chapter 5 S

In this Chapter—

• “benefits claimant” means a person who—

  (a)

  is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation or would be so entitled were the person to become a tenant under a private residential tenancy, or

  (b)

  is entitled, or would (on application or otherwise), if the person were to rent the property, be entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a);

• “benefits and welfare legislation” means—

  (a)

  the Social Security Contributions and Benefits Act 1992;

  (b)

  the Jobseekers Act 1995;

  (c)

  the State Pension Credit Act 2002;

  (d)

  the Tax Credits Act 2002;

  (e)

  the Welfare Reform Act 2007;

  (f)

  the Welfare Reform Act 2012;

  (g)

  the Pensions Act 2014;

  (h)

  the Social Security (Scotland) Act 2018 (asp 9);

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

• “relevant tenancy” means—

  (a)

  a private residential tenancy under the Private Housing (Tenancies) (Scotland) Act 2016 (asp 19);

  (b)

  an assured tenancy under the Housing (Scotland) Act 1988;

  (c)

  a protected or statutory tenancy under the Rent (Scotland) Act 1984;

• “tenant” includes sub-tenant.

Commencement Information

I55 S. 55 not in force at Royal Assent, see s. 145(1)(7)

Chapter 6 E+W Stating the proposed rent and rental bidding

Prospective

56 Requirement to state rent and to avoid rental bidding E+W

(1) This section applies to a letting of a dwelling (a “proposed letting”) if the letting is to be on an agreement which may give rise to a relevant tenancy.

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

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

(b) the advertisement or offer states the proposed rent.

(3) A relevant person must not—

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

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

(4) For the purposes of subsection (3)(a) or (b), the “stated rent” is the proposed rent which is stated—

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

(b) by any other relevant person,

in any written advertisement for, or written offer of, the proposed letting.

(5) Subsection (2) does not apply to a sign displayed at the dwelling, or at premises in which the dwelling is situated, which merely advertises that the dwelling is to let.

(6) In this section—

• “prospective landlord” means the person who proposes to make a proposed letting;

• “relevant person”, in relation to a proposed letting, means—

  (a)

  the prospective landlord, or

  (b)

  a person acting or purporting to act directly or indirectly on behalf of the prospective landlord;

• “relevant tenancy” means an assured tenancy within the meaning of the 1988 Act, other than a tenancy that is—

  (a)

  a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, or

  (b)

  a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2 to the 1988 Act.

Commencement Information

I56 S. 56 not in force at Royal Assent, see s. 145(1)(7)

57 Financial penalties E+W

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

(2) If—

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

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

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

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

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

(5) Where—

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

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

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

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

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

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

(9) For the purposes of this section—

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

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

Commencement Information

I57 S. 57 in force at Royal Assent for specified purposes, see s. 145(2)

Chapter 7 E+W Miscellaneous

Prospective

58 Penalties for unlawful eviction or harassment of occupier E+W

(1) The Protection from Eviction Act 1977 is amended as follows.

(2) In section 1, after subsection (6) insert—

“(7) A person may not be convicted of an offence under this section in respect of any conduct if a financial penalty has been imposed under section 1A in respect of that conduct.”

(3) After section 1 insert—

“1A Financial penalty for offence under section 1

(1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has committed an offence under section 1 in relation to premises in England.

(2) No financial penalty may be imposed in respect of any conduct amounting to an offence under section 1 if—

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

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

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

(3) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £40,000.

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

(5) Local housing authorities must have regard to any guidance issued under subsection (4).

(6) Schedule A1 makes provision about—

(a) the procedure for imposing financial penalties,

(b) appeals against financial penalties,

(c) enforcement of financial penalties, and

(d) how local housing authorities are to deal with the proceeds of financial penalties.

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

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

(9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this section and Schedule A1, “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.”

(4) Before Schedule 1 insert—

Section 1A

“Schedule A1 E+W Financial penalty for offence under section 1

Notice of intent

1 Before imposing a financial penalty on a person under section 1A a local housing authority must give the person notice of its proposal to do so (a “notice of intent”).

2 (1) The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates.

(2) But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—

(a) at any time when the conduct is continuing, or

(b) within the period of 6 months beginning with the last day on which the conduct occurs.

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,

(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

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 (“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, 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, 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.

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,

(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

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 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

(b) the amount of the penalty.

(2) An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice was given.

(3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.

(4) An appeal under this paragraph—

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

(b) may be determined having regard to matters of which the authority was unaware.

(5) On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice.

(6) The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than the local housing authority could have imposed.

Recovery of financial penalty

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 whole or part of the penalty on the order of the county court as if it were payable under an order of that court.

(3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—

(a) signed by the chief finance officer of the local housing authority which imposed the penalty, and

(b) states that the amount due has not been received by a date specified in the certificate,

is conclusive evidence of that fact.

(4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

(5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.

Proceeds of financial penalties

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 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.

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,

(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

(e) the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises.

(2) For the purposes of this paragraph, “residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.

(3) For the purposes of this paragraph, “tenancy” includes a licence to occupy.”

Commencement Information

I58 S. 58 not in force at Royal Assent, see s. 145(1)(7)

59 Abandoned premises under assured shorthold tenancies E+W

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

Commencement Information

I59 S. 59 in force at 27.12.2025, see s. 145(5)(b)

Prospective

60 Remedying of hazards occurring in dwelling-houses in England E+W

(1) The Landlord and Tenant Act 1985 is amended as follows.

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

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

(b) for subsection (1) substitute—

“(1) This section applies to a lease of a dwelling-house in England if either of the following applies—

(a) the lease is a lease for a term of less than 7 years, or

(b) the lease is of a kind mentioned in section 13(1A), (1AA) or (1AB);

but this is subject to subsection (1A).

(1A) This section does not apply to any lease of a kind mentioned in section 14 (exceptions).”;

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

(d) after subsection (5) insert—

“(5A) For the purposes of subsection (1) it is immaterial that the lease also demises other property (which may consist of or include one or more other dwelling-houses).

(5B) In determining for the purposes of subsection (1)(a) whether a lease is for a term of less than 7 years—

(a) any part of the term falling before the grant or creation is to be ignored and the lease is to be treated as a lease for a term commencing with the grant or creation;

(b) a lease which is determinable at the option of the lessor before the expiry of 7 years from the commencement of the term is to be treated as a lease for a term of less than 7 years;

(c) a lease (other than one to which paragraph (b) applies) is not to be treated as a lease for a term of less than 7 years if it confers on the lessee an option for renewal for a term which, together with the original term, amounts to 7 years or more.”;

(e) omit subsection (6);

(f) in subsection (7)—

(i) for the definitions of “lease”, “lessor” and “lessee” substitute—

• ““lease” does not include a mortgage term;

• “lease of a dwelling-house” means a lease by which a building or part of a building is let wholly or mainly as a private residence, and “dwelling-house” means that building or part of a building, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• “lessee” means the person for the time being entitled to the term of a lease;

• “lessor” means the person for the time being entitled to the reversion expectant on a lease;”;

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

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

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

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

(c) for subsection (4)(a) substitute—

“(a) limit the application of section 10A by reference to leases or dwelling-houses of particular descriptions;”;

(d) omit subsection (6).

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

“dwelling-house—
(in the provisions relating to remedying of hazards)	section 10A
(in the provisions relating to repairing obligations)	section 16”.

Commencement Information

I60 S. 60 not in force at Royal Assent, see s. 145(1)(7)

Prospective

61 Remedying of hazards occurring in accommodation in England occupied under licence E+W

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

“10C Remedying of hazards occurring in accommodation in England occupied under licence

(1) The Secretary of State may make—

(a) regulations which specify a description of licences to occupy residential premises; and

(b) regulations which require the licensor under a regulated licence to take action, in relation to prescribed hazards which affect or may affect the licensed accommodation, within the period or periods specified in the regulations.

(2) There is implied in a regulated licence a term that the licensor will comply with all prescribed requirements that are applicable to that licence.

(3) Regulations under subsection (1)(b) are enforceable against licensors only through actions for breach of the term that is implied by subsection (2).

(4) In any proceedings for a breach of the term that is implied by subsection (2), it is a defence for the licensor to prove that they used all reasonable endeavours to avoid that breach.

(5) In this section and section 10D —

• “prescribed hazard” has the same meaning as in section 10 (see section 10(2) and (3));

• “prescribed requirement” means a requirement prescribed in regulations under subsection (1)(b);

• “regulated licence” means a licence to occupy that is of a description specified in regulations under subsection (1)(a);

• “residential premises” has the same meaning as in section 1(4) of the Housing Act 2004 (but disregarding paragraph (e)(ii) of that subsection).

10D Regulations under section 10C: supplementary provision

(1) Regulations under section 10C(1)(a) may (in particular) specify a description of licences to occupy by reference to any of the following—

(a) the nature of the licensor;

(b) the nature of the licensee;

(c) the nature of the accommodation occupied;

(d) the purpose of the occupation of the accommodation;

(e) the legal nature of the licence.

(2) Regulations under section 10C(1)(b) may apply to—

(a) licences granted before the day when section 10C came into force;

(b) prescribed hazards which began before that day;

(c) only some descriptions of prescribed hazards.

(3) Regulations under section 10C(1)(b) may—

(a) specify a period that is not of a specific duration (for example a reasonable or appropriate period, including a period decided by the licensor, or another person);

(b) specify two (or more) periods in relation to particular action.

(4) Regulations under section 10C(1)(b) may (in particular)—

(a) require the licensor to take particular action, or action that is intended to produce a particular outcome, in relation to a prescribed hazard;

(b) require the licensor to take action in relation to a prescribed hazard that is not of itself intended to remedy the hazard, for example by requiring the licensor—

(i) to investigate whether or how a prescribed hazard is affecting the licensed accommodation, or

(ii) to secure that the licensee and any other members of their household are provided with alternative accommodation at no cost to them;

(c) require the licensor to take action in relation to a prescribed hazard only—

(i) in particular circumstances, or

(ii) if particular conditions are met;

(d) provide that the licensor is not required to take action in relation to a prescribed hazard—

(i) in particular circumstances, or

(ii) if particular conditions are met.

(5) The Secretary of State may by regulations make provision, in relation to a term that is implied by section 10C(2), which corresponds to any provision made in relation to an implied covenant by section 9A(4) to (8).

(6) A power to make regulations under section 10C or this section includes power to make—

(a) incidental, transitional or saving provision;

(b) different provision for different purposes.

(7) Regulations under section 10C or this section are to be made by statutory instrument.

(8) A statutory instrument containing regulations under section 10C or this section may not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.”

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

Commencement Information

I61 S. 61 not in force at Royal Assent, see s. 145(1)(7)

Prospective

62 Student accommodation that is not an HMO E+W

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

(2) After paragraph 3 insert—

Buildings occupied by students: England

3A (1) Any building in England—

(a) which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at a specified educational establishment, or at an educational establishment of a specified description, and where the person managing or having control of it is the educational establishment in question, or

(b) which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at an educational establishment and where the person managing or having control of it is a specified person or a person of a specified description.

(2) In—

(a) sub-paragraph (1)(a) “specified” means specified for the purposes of that sub-paragraph in regulations made by the Secretary of State;

(b) sub-paragraph (1)(b) “specified” means specified for the purposes of that sub-paragraph in regulations made by the Secretary of State;

and the regulations may (in particular) provide that an educational establishment is specified, or of a specified description, for the purposes of sub-paragraph (1)(b).

(3) Those regulations may, in particular, specify—

(a) as a description of educational establishment for the purposes of sub-paragraph (1)(a), or

(b) as a description of person for the purposes of sub-paragraph (1)(b),

the members from time to time, or a description of the members from time to time, of a housing management code of practice which is specified in the regulations.

(4) The Secretary of State may by regulations—

(a) specify a class of building, and

(b) provide that a building—

(i) does not fall within this paragraph if it is of the specified class, or

(ii) falls within this paragraph only if it is of the specified class.

(5) The Secretary of State may by regulations—

(a) specify a building manager or a class of building manager,

(b) specify a class of building in relation to the specified building manager or the specified class of building manager, and

(c) provide that a building which the specified building manager, or a building manager of the specified class, manages or has control of—

(i) does not fall within this paragraph if the building is of the specified class, or

(ii) falls within this paragraph only if the building is of the specified class.

(6) Regulations under sub-paragraph (4)(a) or (5)(b) may, in particular, specify as a class of building—

(a) the buildings, or

(b) a class of the buildings,

from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (4)(a) or (5)(b).

(7) Regulations under sub-paragraph (5)(a) may, in particular, specify as a class of building manager—

(a) the members, or

(b) a class of the members,

from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (5)(a).

(8) For the purposes of this paragraph—

(a) “building manager” means an educational establishment or other person managing or having control of a building;

(b) “housing management code of practice” means a code of practice approved by the Secretary of State under section 233 (codes relating to the management of HMOs or excepted accommodation);

(c) a building is “subject to” a housing management code of practice if it—

(i) is a particular building subject to the code, or

(ii) is of a class of buildings subject to the code;

(d) a reference to—

(i) a class of the buildings from time to time subject to a housing management code of practice, or

(ii) a class of the members from time to time of a housing management code of practice,

includes the buildings or members that are from time to time in a class provided for in the code of practice.”

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

(4) In paragraph 4 (buildings occupied by students)—

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

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

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

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

(e) in sub-paragraph (4)—

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

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

(5) In consequence of the other amendments made by this section—

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

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

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

Commencement Information

I62 S. 62 not in force at Royal Assent, see s. 145(1)(7)