Renters’ Rights Act 2025

Prospective

35 (1) Schedule 1 (procedure and appeals relating to improvement notices) is amended as follows. E+W

(2) Before paragraph 1 insert—

Service of improvement notices: qualifying residential premises which fail to meet type 1 and 2 requirements

A1 (1) This paragraph applies instead of paragraphs 1 to 3 where—

(a) the specified premises are qualifying residential premises other than—

(i) homelessness accommodation (see paragraph B1), or

(ii) common parts (see paragraph 4), and

(b) an improvement notice relates to a failure by the premises to meet a requirement specified by regulations under section 2A (whether or not the notice also relates to a category 1 or 2 hazard).

(2) Sub-paragraph (3) applies in relation to the premises if they are—

(a) a dwelling or HMO let under a relevant tenancy,

(b) an HMO where at least one unit of accommodation which forms part of the HMO is let under a relevant tenancy, or

(c) a building or a part of a building constructed or adapted for use as a house in multiple occupation if—

(i) it is for the time being only occupied by persons who form a single household, and

(ii) the accommodation which those persons occupy is let under a relevant tenancy.

(3) The notice must be served on the landlord under the tenancy unless—

(a) the tenancy is a sub-tenancy, in which case the notice may instead be served on a superior landlord in relation to the tenancy if, in the opinion of the local housing authority, the superior landlord ought to take the action specified in the notice;

(b) the premises are a dwelling which is licensed under Part 3 of this Act, or an HMO which is licensed under Part 2 or 3 of this Act, in which case the notice may instead be served on the holder of the licence if, in the opinion of the local housing authority, the holder ought to take the action specified in the notice.

(4) Where sub-paragraph(3) does not apply in relation to the premises and the premises are supported exempt accommodation, the notice must be served on the authority or body which provides the accommodation.

(5) In this paragraph—

• “common parts” means common parts that are qualifying residential premises by virtue of section 2B(1)(d);

• “homelessness accommodation” means accommodation in England—

  (a)

  the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and

  (b)

  which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4).

Service of improvement notices: homelessness accommodation (whether or not it is qualifying residential premises)

B1 (1) This paragraph applies where the specified premises in the case of an improvement notice are homelessness accommodation (which has the same meaning here as in paragraph A1).

(2) The notice must be served on any person—

(a) who has an estate or interest in the premises, and

(b) who, in the opinion of the local housing authority, ought to take the action specified in the notice.

(3) This paragraph applies instead of paragraph 1, 2 or 3 (in a case where that paragraph would otherwise apply to the improvement notice).”

(3) In paragraph 5(1), for “1 to” substitute “A1 to”.

(4) In paragraph 12—

(a) in sub-paragraph (1), after “hazard” insert “or failure”, and

(b) in sub-paragraph (2)(b), for “a hazard” substitute “an”.

(5) In paragraph 17, after “hazard” (in each place) insert “or failure”.

Commencement Information

I1 Sch. 4 para. 35 not in force at Royal Assent, see s. 145(1)(7)