Renters’ Rights Act 2025

Prospective

36 (1) Schedule 2 (procedure and appeals relating to prohibition orders) is amended as follows. E+W

(2) In paragraph 1—

(a) after sub-paragraph (2) insert—

“(2A) Where the specified premises are qualifying residential premises which—

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

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

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

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

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

the authority must also serve copies of the order on any other person who, to their knowledge, is the landlord under the tenancy or a superior landlord in relation to the tenancy.

(2B) Where—

(a) sub-paragraph (2A) does not apply in relation to the specified premises,

(b) the specified premises consist of or include the whole or any part of a building containing homelessness accommodation, and

(c) the person providing the homelessness accommodation—

(i) is a tenant of that accommodation under a tenancy which has an unexpired term of 3 years or less (the “short tenancy”), and

(ii) accordingly is not an owner in relation to the homelessness accommodation (see section 262(7)(b)),

the authority must also serve copies of the order on any person who, to their knowledge, is a tenant under the short tenancy, a landlord under the short tenancy, or a superior landlord in relation to the short tenancy, and who is not otherwise required to be served with a copy of the notice under this paragraph.

(2C) In sub-paragraph (2B) “homelessness accommodation” means accommodation in England—

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

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

(b) in sub-paragraph (3), for “sub-paragraph (2)” substitute “this paragraph”.

(3) In paragraph 2—

(a) for sub-paragraph (1) substitute—

“(1) This paragraph applies to a prohibition order where the specified premises consist of or include—

(a) the whole or any part of a building containing—

(i) one or more flats, or

(ii) accommodation falling within paragraph (e) of the definition of “residential premises” in section 1(4) (homelessness) that is not a dwelling, HMO or flat, or

(b) any common parts of such a building.”

(b) after sub-paragraph (2) insert—

“(2A) Where the specified premises consist of or include qualifying residential premises which—

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

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

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

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

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

the authority must also serve copies of the order on any other person who, to their knowledge, is the landlord under the tenancy or a superior landlord in relation to the tenancy.

(2B) Where—

(a) sub-paragraph (2A) does not apply in relation to the specified premises,

(b) the specified premises consist of or include the whole or any part of a building containing homelessness accommodation, and

(c) the person providing the homelessness accommodation—

(i) is a tenant of that accommodation under a tenancy which has an unexpired term of 3 years or less (the “short tenancy”), and

(ii) accordingly is not an owner in relation to the homelessness accommodation (see section 262(7)(b)),

the authority must also serve copies of the order on any person who, to their knowledge, is a tenant under the short tenancy, a landlord under the short tenancy, or a superior landlord in relation to the short tenancy, and who is not otherwise required to be served with a copy of the notice under this paragraph.

(2C) In sub-paragraph (2B) “homelessness accommodation” means accommodation in England—

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

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

(c) in sub-paragraph (3), after “(2)” insert “, (2A) or (2B)”, and

(d) in sub-paragraph (4), for “sub-paragraph (2) or (3)” substitute “this paragraph”.

(4) In paragraph 8—

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

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

(5) In paragraph 12, after “hazard” (in each place) insert “or failure”.

(6) In paragraph 16(1)—

(a) omit the “or” at the end of paragraph (b), and

(b) at the end of paragraph (c) insert “, or

(d) in the case of qualifying residential premises which—

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

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

(iii) are a building or a part of a building constructed or adapted for use as a house in multiple occupation that is for the time being only occupied by persons who form a single household and where the accommodation which those persons occupy is let under a relevant tenancy,

any person on whom copies of the prohibition order are required to be served by paragraph 1(2A) or 2(2A).”

Commencement Information

I1 Sch. 4 para. 36 not in force at Royal Assent, see s. 145(1)(7)