Renters’ Rights Act 2025

Schedules

Prospective

Section 3

Schedule 1 E+W Changes to grounds for possession

Introductory E+W

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

Commencement Information

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

Amendments of Ground 1: occupation by landlord or family E+W

2 For Ground 1 (excluding the italic heading) substitute—

• “The current tenancy began at least 1 year before the relevant date and the landlord who is seeking possession requires the dwelling-house as the only or principal home of any of the following—

  (a)

  the landlord;

  (b)

  the landlord’s spouse or civil partner or a person with whom the landlord lives as if they were married or in a civil partnership;

  (c)

  the landlord’s—

  (i)

  parent;

  (ii)

  grandparent;

  (iii)

  sibling;

  (iv)

  child;

  (v)

  grandchild;

  (d)

  a child or grandchild of a person mentioned in paragraph (b).

  A relationship of the half-blood is to be treated as a relationship of the whole blood.

  In the case of joint landlords seeking possession, references to “the landlord” in this ground are to be read as references to at least one of those joint landlords.

  When calculating whether the current tenancy began at least 1 year before the relevant date, both—

  (a)

  the day when the current tenancy began, and

  (b)

  the relevant date,

  must be included in the calculation.”

Commencement Information

I2 Sch. 1 para. 2 not in force at Royal Assent, see s. 145(1)(7)

New ground for sale of dwelling-house E+W

3 After Ground 1 insert—

• “Ground 1A

  The following conditions are met—

  (a)

  the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord;

  (b)

  the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976;

  (c)

  either—

  (i)

  the current tenancy began at least 1 year before the relevant date, or

  (ii)

  at the relevant date, notice of a compulsory acquisition in relation to the dwelling-house has been given, the landlord intends to sell their interest in the dwelling-house to the acquiring authority and the acquiring authority intends to acquire it;

  (d)

  the landlord seeking possession is not—

  (i)

  a non-profit registered provider of social housing,

  (ii)

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

  (iii)

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

  (iv)

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

  (v)

  where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing.

  In paragraph (c)(ii), “sell” includes transfer.

  When calculating whether the current tenancy began at least 1 year before the relevant date, both—

  (a)

  the day when the current tenancy began, and

  (b)

  the relevant date,

  must be included in the calculation.”

Commencement Information

I3 Sch. 1 para. 3 not in force at Royal Assent, see s. 145(1)(7)

New ground for possession after rent-to-buy agreement E+W

4 After Ground 1A (inserted by paragraph 3 of this Schedule) insert—

• “Ground 1B

  The following conditions are met—

  (a)

  the landlord who is seeking possession intends—

  (i)

  to sell a freehold or leasehold interest in the dwelling-house,

  (ii)

  to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, or

  (iii)

  to grant an assured tenancy to another person;

  (b)

  the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976;

  (c)

  the landlord who is seeking possession is a private registered provider of social housing;

  (d)

  the assured tenancy was entered into pursuant to a rent-to-buy agreement;

  (e)

  the period stated in that agreement has expired;

  (f)

  the landlord who is seeking possession has complied with—

  (i)

  any provision of the rent-to-buy agreement requiring the landlord to offer the dwelling-house for sale to the tenant, and

  (ii)

  any requirements in the agreement about such an offer.

  In this ground—

  • “rent-to-buy agreement” means an agreement in writing which—

    (a)

    provides for the tenant to pay rent that is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and

    (b)

    gives notice that the landlord intends after a period stated in the agreement which is not less than 5 years or, for dwelling-houses in Greater London, 10 years from the beginning of the tenancy to offer the dwelling-house for sale to the tenant.”

Commencement Information

I4 Sch. 1 para. 4 not in force at Royal Assent, see s. 145(1)(7)

Amendments of Ground 2: sale by mortgagee E+W

5 In Ground 2—

(a) in the words before paragraph (a) omit “granted before the beginning of the tenancy”;

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

Commencement Information

I5 Sch. 1 para. 5 not in force at Royal Assent, see s. 145(1)(7)

New ground for possession when superior lease ends E+W

6 After Ground 2 insert—

• “Ground 2ZA

  The landlord who is seeking possession—

  (a)

  holds the interest in the dwelling-house under a superior tenancy where—

  (i)

  the superior landlord has given a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date, or

  (ii)

  the superior tenancy is a fixed term tenancy of a term certain which will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, and

  (b)

  is, or, in the case of joint landlords seeking possession, at least one of them is—

  (i)

  a private registered provider of social housing,

  (ii)

  a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995,

  (iii)

  a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or

  (iv)

  a company of which a local authority owns at least 50% of the issued share capital.”

Commencement Information

I6 Sch. 1 para. 6 not in force at Royal Assent, see s. 145(1)(7)

New grounds for possession in cases where there is a superior lease E+W

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

• “Ground 2ZB

  The landlord who is seeking possession holds the interest in the dwelling-house under a superior tenancy which is a fixed term tenancy of a term certain of more than 21 years and—

  (a)

  the fixed term will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, or

  (b)

  if the superior tenancy has continued following the expiry of the fixed term, any party to the superior tenancy has served a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date.

• Ground 2ZC

  The landlord who is seeking possession became the landlord by virtue of section 18 no more than 6 months before the date on which the possession proceedings were commenced, and the previous landlord under the assured tenancy was, or, in the case of previous joint landlords, at least one them was—

  (a)

  a private registered provider of social housing,

  (b)

  a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995,

  (c)

  a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or

  (d)

  a company of which a local authority owns at least 50% of the issued share capital.

• Ground 2ZD

  The landlord who is seeking possession became the landlord by virtue of section 18, no more than 6 months before the date on which the possession proceedings were commenced, as a result of a superior tenancy which was a fixed term tenancy of a term certain of more than 21 years coming to an end—

  (a)

  on the expiry of the fixed term,

  (b)

  within the period of 12 months ending with the date on which the fixed term would have expired if the tenancy had not come to an end, or

  (c)

  after the expiry of the fixed term, as a result of a valid notice to terminate the tenancy.”

Commencement Information

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

Repeal of Ground 3: holiday accommodation E+W

8 Omit Ground 3.

Commencement Information

I8 Sch. 1 para. 8 not in force at Royal Assent, see s. 145(1)(7)

Amendments of Ground 4: student accommodation E+W

9 In Ground 4—

(a) omit the opening words;

(b) omit paragraph (a) (together with the final “and”);

(c) paragraph (b) becomes an unnumbered paragraph;

(d) after that unnumbered paragraph insert “and—

(c)

if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 14 of Schedule 15 to the Rent Act 1977, and

(d)

the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.”

Commencement Information

I9 Sch. 1 para. 9 not in force at Royal Assent, see s. 145(1)(7)

New ground for possession of student accommodation for occupation by students E+W

10 After Ground 4 insert—

• “Ground 4A

  The following conditions are met—

  (a)

  the dwelling-house is in an HMO or is an HMO,

  (b)

  the tenant meets the student test when the tenancy is entered into,

  (c)

  the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the tenancy is entered into, a written statement of the landlord’s wish to be able to recover possession on the basis that—

  (i)

  the tenant meets the student test when the tenancy is entered into, and

  (ii)

  the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into,

  (d)

  the period—

  (i)

  beginning with the day on which the tenancy was entered into, and

  (ii)

  ending with the day on which the tenant was entitled to possession of the dwelling-house,

  is six months or less,

  (e)

  the relevant date falls within the period beginning with 1 June and ending with 30 September in any year, and

  (f)

  the landlord seeking possession intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into.

  For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets the student test when a tenancy is entered into if—

  (a)

  the tenant is a full-time student at that time, or

  (b)

  at that time, the landlord reasonably believes that the tenant would become a full-time student during the tenancy.

  But, in a case where two or more persons are or would be the tenant, the tenant does not meet the student test unless all of those persons meet that test.

  In this ground, “full-time student” means a person receiving education provided by means of a full-time course—

  (a)

  of any description mentioned in Schedule 6 to the Education Reform Act 1988 provided by an institution in England or Wales;

  (b)

  of any description mentioned in section 38(2) of the Further and Higher Education (Scotland) Act 1992 provided by an institution in Scotland;

  (c)

  of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) provided by an institution in Northern Ireland.

  In a case where, because of paragraph 8(7) of Schedule 1 to the 1988 Act, a tenancy becomes an assured tenancy, the condition in paragraph (c) of the first paragraph of this ground is met if the written statement referred to there is given within the period of 28 days beginning with the date on which the tenancy becomes an assured tenancy.”

Commencement Information

I10 Sch. 1 para. 10 not in force at Royal Assent, see s. 145(1)(7)

Amendment of Ground 5: ministers of religion E+W

11 In Ground 5—

(a) omit paragraph (a) (together with the final “and”);

(b) after paragraph (b) insert—

“(c)

if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 15 of Schedule 15 to the Rent Act 1977, and

(d)

the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.”

Commencement Information

I11 Sch. 1 para. 11 not in force at Royal Assent, see s. 145(1)(7)

New ground for possession for occupation by agricultural worker E+W

12 After Ground 5 insert—

• “Ground 5A

  The landlord seeking possession requires the dwelling-house for the purpose of housing a qualifying agricultural worker.

  For the purpose of this ground a person is a “qualifying agricultural worker” in case A or B.

  Case A is where—

  (a)

  the person will be employed in agriculture as a seasonal or permanent employee under a contract of employment, and

  (b)

  the employer under that contract is—

  (a)

  the landlord, or

  (b)

  in the case of joint landlords seeking possession, at least one of those landlords.

  Case B is where—

  (a)

  the person will be—

  (i)

  employed in agriculture under a contract of employment, but the employer under that contract is not the landlord or, in the case of joint landlords, any of those landlords, or

  (ii)

  working in agriculture under a contract that is not a contract of employment, whether the contract is express or implied and (if express) whether oral or in writing,

  (b)

  the person will be employed or working in agriculture under that contract wholly or mainly for—

  (i)

  the landlord, or

  (ii)

  in the case of joint landlords seeking possession, at least one of the landlords, and

  (c)

  the relevant landlord intends that employment or work to continue for at least six months after the relevant date;

  and here “relevant landlord” means the landlord, or whichever of the joint landlords, the person will be wholly or mainly working for.

  In this ground—

  • “agriculture” has the same meaning as in the Rent (Agriculture) Act 1976 (see section 1 of that Act);

  • “contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996.”

Commencement Information

I12 Sch. 1 para. 12 not in force at Royal Assent, see s. 145(1)(7)

New ground for possession for occupation by person who meets employment requirements E+W

13 After Ground 5A (inserted by paragraph 12 of this Schedule) insert—

• “Ground 5B

  The landlord seeking possession—

  (a)

  is a private registered provider of social housing,

  (b)

  holds the dwelling-house for the purpose of accommodating persons who meet requirements connected with their employment, and

  (c)

  requires the dwelling-house to let it under a new tenancy to a person who meets those requirements,

  and the tenant in possession does not fulfil those requirements.”

Commencement Information

I13 Sch. 1 para. 13 not in force at Royal Assent, see s. 145(1)(7)

Ground 16 to be renumbered as Ground 5C and to be a mandatory ground for possession E+W

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

(2) For the first paragraph of the new Ground 5C substitute—

• “The dwelling-house was let to the tenant in consequence of the tenant’s employment—

  (a)

  by the landlord seeking possession,

  (b)

  in the case of joint landlords seeking possession, by at least one of them,

  (c)

  by a previous landlord under the tenancy, or

  (d)

  pursuant to an agreement between any of those landlords and the employer,

  and either—

  (a)

  the tenant has ceased to be in that employment, or

  (b)

  the tenancy was granted for the purpose of providing the tenant with accommodation during the early period of their employment, that purpose has been fulfilled and the landlord seeking possession intends to let the dwelling-house to another current or future employee of the employer.

  In this ground, “the employer” means the tenant’s employer at the time the tenant entered the tenancy.”

(3) After the second paragraph of the new Ground 5C insert—

• “This ground also applies to the letting of a dwelling-house to a tenant in consequence of the tenant’s service in the office of constable, but with the following modifications.

  “Employment” means service in the office of constable.

  In the first paragraph of this ground, in paragraph (d), “the employer” means any of the following persons—

  (a)

  the chief officer of a police force;

  (b)

  a policing body;

  (c)

  in relation to a constable’s service under the direction and control of a person who is not a constable (the “senior person”)—

  (i)

  the senior person, or

  (ii)

  a person or body with the function of maintaining or securing the maintenance of the body of which the senior person is a member.

  The first paragraph of this ground has effect as if the following were substituted for the second paragraph (b)—

  “(b)

  the tenancy was granted for a particular purpose relating to the tenant’s service as a constable and—

  (i)

  that purpose has been fulfilled, or

  (ii)

  the tenancy is no longer required for that purpose.”

  In those modifications—

  (a)

  “service in the office of a constable” includes a constable’s service under the direction and control of a person who is not a constable;

  (b)

  “chief officer of a police force” means—

  (i)

  a chief officer of police (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act),

  (ii)

  the chief constable of the Ministry of Defence Police,

  (iii)

  the chief constable of the British Transport Police,

  (iv)

  the chief constable of the Civil Nuclear Constabulary,

  (v)

  the chief constable of the Police Service of Scotland, or

  (vi)

  the chief constable of the Police Service of Northern Ireland;

  (c)

  “policing body” means—

  (i)

  a local policing body (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act),

  (ii)

  the Secretary of State in relation to the Ministry of Defence Police,

  (iii)

  the British Transport Police Authority,

  (iv)

  the Civil Nuclear Police Authority,

  (v)

  the Scottish Police Authority, or

  (vi)

  the Northern Ireland Policing Board.”

(4) In the italic heading, for “16” substitute “5C”.

Commencement Information

I14 Sch. 1 para. 14 not in force at Royal Assent, see s. 145(1)(7)

New ground for possession for end of employment requirements E+W

15 After Ground 5C (as renumbered by paragraph 14 of this Schedule) insert—

• “Ground 5D

  The landlord seeking possession is a private registered provider of social housing, the tenancy agreement includes a requirement connected with the tenant’s employment and the tenant no longer fulfils that requirement.”

Commencement Information

I15 Sch. 1 para. 15 not in force at Royal Assent, see s. 145(1)(7)

New ground for possession for occupation as supported accommodation E+W

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

• “Ground 5E

  The landlord seeking possession requires possession of the dwelling-house to let it as supported accommodation where—

  (a)

  the landlord holds the dwelling-house for the purpose of making it available for occupation as supported accommodation, and

  (b)

  the tenant did not enter the assured tenancy for the purpose of receiving care, support or supervision.”

Commencement Information

I16 Sch. 1 para. 16 not in force at Royal Assent, see s. 145(1)(7)

New grounds for possession of dwelling-house occupied as supported accommodation E+W

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

• “Ground 5F

  The dwelling-house was supported accommodation when the tenancy was granted and any of the following applies—

  (a)

  the tenancy was granted for the purpose of providing the tenant with support services for a limited time in order to enable the tenant to be able to live in other accommodation in the future and the period for which those support services were to be provided has ended;

  (b)

  a person other than the landlord provides or provided support services to the tenant, but—

  (i)

  the support services have come to an end or the person is not fulfilling their obligations under the arrangements for the provision of those services, and

  (ii)

  where the dwelling-house is not managed accommodation, the landlord has used reasonable endeavours to find another person to provide support services to the tenant but has not been able to do so;

  (c)

  where the accommodation or support services were funded wholly or partly by someone other than the landlord or the tenant—

  (i)

  that funding is no longer being provided,

  (ii)

  where the dwelling-house is not managed accommodation, the landlord used reasonable endeavours to identify alternative funding before the relevant date but was not able to do so, and

  (iii)

  it would not be reasonable for the landlord to continue to provide accommodation or for the person who provided support services to continue that provision in the circumstances;

  (d)

  the financial viability of the landlord or of supported accommodation or support services the landlord provides to others would, in the landlord’s reasonable opinion, be threatened if the landlord were to continue to provide or fund a supported accommodation project of which the tenant’s dwelling-house forms part and the landlord used reasonable endeavours to identify alternative funding for the project before the relevant date but was not able to do so;

  (e)

  the tenant does not need the level of support services that are provided;

  (f)

  the tenant does not need any support services;

  (g)

  the support services that are provided do not meet the tenant’s needs;

  (h)

  the dwelling-house has physical features intended to enable persons with needs for particular support services to live more independently than they could do so without those features and those physical features are not needed by the tenant;

  (i)

  the dwelling-house is physically unsuitable for a person with the tenant’s needs for support services to live in.

  In paragraph (d), “supported accommodation project” means—

  (a)

  supported accommodation consisting of two or more dwelling-houses in the same building as, or otherwise nearby, each other,

  (b)

  supported accommodation consisting of two or more dwelling-houses occupied by tenants who receive support services of a similar kind, or

  (c)

  support services of a similar kind provided to tenants of two or more dwelling-houses that are supported accommodation.

  In this ground, references to the “landlord” are to the landlord who is seeking possession.”

(2) After Ground 17 insert—

• “Ground 18

  The tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing support services with regard to those services.”

Commencement Information

I17 Sch. 1 para. 17 not in force at Royal Assent, see s. 145(1)(7)

New ground for possession for tenancy granted for homelessness duty E+W

18 After Ground 5F (inserted by paragraph 17 of this Schedule) insert—

• “Ground 5G

  The tenant’s occupation of the dwelling-house was (at any time during the period of occupation) in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 and—

  (a)

  the local housing authority has notified the landlord that the tenancy is not required for the purposes of that duty, and

  (b)

  the relevant date is no more than 12 months after the date on which the local housing authority notified the landlord as mentioned in paragraph (a).

  In this ground “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.”

Commencement Information

I18 Sch. 1 para. 18 not in force at Royal Assent, see s. 145(1)(7)

New ground for possession of stepping stone accommodation E+W

19 After Ground 5G (inserted by paragraph 18 of this Schedule) insert—

• “Ground 5H

  The landlord seeking possession is a registered provider of social housing or a charity and—

  (a)

  the tenancy was granted because the tenant met one or more eligibility conditions,

  (b)

  a written tenancy agreement set out the eligibility condition (the “specified condition”) or the eligibility conditions (the “specified conditions”) that the tenant met,

  (c)

  either—

  (i)

  the tenant no longer meets the specified condition or specified conditions, or

  (ii)

  the tenancy was granted in order to provide accommodation for a limited period to help the tenant transition to living independently and that period has come to an end,

  (d)

  the rent is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and

  (e)

  the tenancy was not granted—

  (i)

  pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996,

  (ii)

  as a tenancy of supported accommodation, or

  (iii)

  in pursuance of a local housing authority’s duty under section 193 of the Housing Act 1996.

  Each of the following is an “eligibility condition” for the purposes of this ground—

  (a)

  the tenant is in work, or work of a description specified in the condition, for which the tenant is paid;

  (b)

  the tenant is actively seeking work, or work of a description specified in the condition, for which the tenant would be paid;

  (c)

  the tenant is—

  (i)

  of a particular age, or

  (ii)

  within a particular range of ages,

  specified in the condition.

  For the purposes of paragraph (a) or (b) of the definition of “eligibility condition”, a description of work may (in particular) be expressed by reference to—

  (a)

  work for a particular employer or description of employer or work at a particular place of work or description of place of work;

  (b)

  the amount which the tenant is paid for the work;

  (c)

  the duration or expected duration of the contract or other arrangement under which the work is done.

  In this ground a reference—

  (a)

  to work includes self-employment;

  (b)

  to seeking work includes seeking to become self-employed.

  The question of whether the tenant no longer meets the specified condition or specified conditions is to be determined for the purposes of this ground in accordance with the terms of the tenancy agreement.

  But if—

  (a)

  the terms of the tenancy agreement do not make any provision about that question,

  (b)

  there are two or more specified conditions, and

  (c)

  the tenant no longer meets one or more of those conditions,

  the tenant no longer meets the specified conditions for the purposes of this ground.

  The Secretary of State may by regulations (“eligibility condition regulations”) make provision (including provision amending this ground)—

  (a)

  to add, vary or remove any eligibility condition;

  (b)

  about the meaning of any eligibility condition.

  Eligibility condition regulations may make different provision for different purposes.

  A statutory instrument containing eligibility condition regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Commencement Information

I19 Sch. 1 para. 19 not in force at Royal Assent, see s. 145(1)(7)

Amendments of Ground 6: redevelopment E+W

20 For Ground 6 (excluding the italic heading) substitute—

• “These conditions are met—

  (a)

  the general redevelopment conditions (in every case);

  (b)

  the landlord’s acquisition condition, but only in a case where section 7(5ZA) applies in relation to the tenancy;

  (c)

  the additional RSL condition, but only in a case where the landlord seeking possession is—

  (i)

  a relevant social landlord, and

  (ii)

  the person who intends to carry out the work mentioned in this ground.

  The “general redevelopment conditions” are met if—

  (a)

  the landlord seeking possession is mentioned in the first column in a row of the table in this ground;

  (b)

  the tenancy is mentioned in the second column of that row;

  (c)

  a person mentioned in the third column of that row intends to—

  (i)

  demolish or reconstruct the whole or a substantial part of the dwelling-house, or

  (ii)

  carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part;

  (d)

  the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because—

  (i)

  the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out,

  (ii)

  the nature of the intended work is such that no such variation is practicable,

  (iii)

  the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of the landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or

  (iv)

  the nature of the intended work is such that such a tenancy is not practicable;

  (e)

  either —

  (i)

  the assured tenancy began at least 6 months before the relevant date, or

  (ii)

  notice of a compulsory acquisition was given in respect of the dwelling-house where—

  (A)

  the acquiring authority was the person who became the landlord who is seeking possession, and

  (B)

  the dwelling-house was transferred to that landlord within the period of 12 months ending with the relevant date;

  (f)

  the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977, as amended by Part 1 of Schedule 4 to this Act or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended by Part 2 of that Schedule.

  The “landlord’s acquisition condition” is met if—

  (a)

  the landlord seeking possession acquired their interest in the dwelling-house before the grant of the tenancy, or

  (b)

  that interest was in existence at the time of that grant and neither that landlord (or, in the case of joint landlords, any of them) nor any other person who, alone or jointly with others, has acquired that interest since that time acquired it for money or money’s worth.

  The “additional RSL condition” is met in case A, case B or case C.

  Case A: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect—

  (a)

  it is let as a separate dwelling with adequate security of tenure;

  (b)

  it is affordable;

  (c)

  it is in an appropriate location;

  (d)

  it is not overcrowded.

  Case B: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect—

  (a)

  it is being provided temporarily until other alternative accommodation becomes available which will meet the conditions in case A;

  (b)

  it is affordable;

  (c)

  it is in an appropriate location;

  (d)

  it is not overcrowded.

  Case C: a case where—

  (a)

  the tenancy of the dwelling-house was not granted pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996,

  (b)

  when the tenancy was granted, the landlord intended to—

  (i)

  demolish or reconstruct the whole or a substantial part of the dwelling-house, or

  (ii)

  carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part,

  within a specific period, and

  (c)

  the relevant social landlord gave the tenant, before the tenancy was entered into, a written statement of the landlord’s wish to be able to recover possession on the basis of that intention to carry out that work within that period (and that period must be included in the statement).

  For the purpose of the additional RSL condition, accommodation—

  (a)

  is let “with adequate security of tenure” if it is let—

  (i)

  on an assured tenancy, or

  (ii)

  on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy;

  (b)

  is “affordable” if it is—

  (i)

  no more expensive than the dwelling-house of which possession is being sought, or

  (ii)

  reasonably suitable to the means of the tenant;

  (c)

  is “in an appropriate location” if it is—

  (i)

  reasonably close to the dwelling-house of which possession is being sought, or

  (ii)

  reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work;

  (d)

  is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985.

  Table

  Landlord seeking possession	Tenancy	Landlord intending to redevelop
  a relevant social landlord	any tenancy	(a) the landlord who is seeking possession (b) a superior landlord
  the unit-holder of a commonhold unit in relation to which a commonhold association exercises functions	a tenancy of a dwelling-house which is contained in or comprises the commonhold unit	(a) the landlord who is seeking possession (b) the commonhold association
  any landlord other than a relevant social landlord or a unit-holder of a commonhold unit in relation to which a commonhold association exercises functions	any tenancy	the landlord who is seeking possession

  In this ground—

  • “commonhold association”, “commonhold unit” and “unit-holder” have the meanings given by Part 1 of the Commonhold and Leasehold Reform Act 2002 (see sections 11 to 13 and 34 of that Act);

  • “relevant social landlord” means—

    (a)

    a non-profit 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,

    (d)

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

    (e)

    where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing.”

Commencement Information

I20 Sch. 1 para. 20 not in force at Royal Assent, see s. 145(1)(7)

New ground for possession of alternative accommodation provided during redevelopment E+W

21 After Ground 6 insert—

• “Ground 6A

  These conditions are met—

  (a)

  the landlord seeking possession (the “current landlord”) is a relevant social landlord;

  (b)

  the dwelling-house (the “current home”) was made available for occupation by the tenant, or a predecessor in title of the tenant, to enable redevelopment of another dwelling-house (the “previous home”) which—

  (i)

  was the only or principal home of the tenant or predecessor in title, and

  (ii)

  was occupied by the tenant or predecessor in title under a tenancy (the “previous tenancy”) of which the landlord was—

  (A)

  a relevant social landlord, or

  (B)

  a registered provider of social housing other than a private registered provider of social housing;

  (c)

  alternative accommodation that—

  (i)

  consists of the previous home and is affordable, or

  (ii)

  consists of other premises and is affordable, in an appropriate location and not overcrowded,

  is available for the tenant or will be available for the tenant when the order for possession takes effect;

  (d)

  that alternative accommodation is to be let as a separate dwelling with adequate security of tenure.

  For the purpose of this ground, accommodation—

  (a)

  is let “with adequate security of tenure” if it is let—

  (i)

  on an assured tenancy, or

  (ii)

  on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy;

  (b)

  is “affordable” if it—

  (i)

  is no more expensive than the previous home, making these assumptions—

  (A)

  that the redevelopment of the previous home has not taken place, and

  (B)

  that the tenant, or predecessor in title, has continued to be the tenant of the previous home under the previous tenancy, or

  (ii)

  is reasonably suitable to the means of the tenant;

  (c)

  is “in an appropriate location” if it is—

  (i)

  reasonably close to the previous home, or

  (ii)

  reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work;

  (d)

  is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985.

  In this Ground—

  • “redevelopment”, in relation to the dwelling-house that is the previous home, means—

    (a)

    demolishing or reconstructing the whole or a substantial part of the dwelling-house, or

    (b)

    carrying out substantial works on the dwelling-house or any part of it, or any building of which it forms part;

  • “relevant social landlord” has the same meaning as in Ground 6.”

Commencement Information

I21 Sch. 1 para. 21 not in force at Royal Assent, see s. 145(1)(7)

New ground for possession to allow compliance with enforcement action E+W

22 After Ground 6A (inserted by paragraph 21) insert—

• “Ground 6B

  Any of the following applies—

  (a)

  letting the dwelling-house causes the landlord to breach a banning order under section 16 of the Housing and Planning Act 2016, or would do so if the landlord were to continue to let the dwelling-house;

  (b)

  an improvement notice under section 11 or 12 of the Housing Act 2004—

  (i)

  specifies the dwelling-house or premises in which the dwelling-house is contained as requiring remedial action, and

  (ii)

  specifies overcrowding as the deficiency giving rise to the hazard in respect of which that remedial action is to be taken;

  (c)

  a prohibition order under section 20 or 21 of the Housing Act 2004 prohibits use of—

  (i)

  the dwelling-house,

  (ii)

  the common parts, or

  (iii)

  any part of the dwelling-house or of the common parts,

  either for all purposes or for any purpose that is incompatible with continued occupation by the tenant;

  (d)

  the dwelling-house is or is in an HMO which is required to be licensed under section 61 of the Housing Act 2004, and—

  (i)

  the landlord applied for a licence under section 63 of the Housing Act 2004 and the local housing authority refused to grant a licence, or

  (ii)

  the landlord held a licence but the licence has been revoked;

  (e)

  the dwelling-house is or is in a house which is required to be licensed under section 85 of the Housing Act 2004, and—

  (i)

  the landlord applied for a licence under section 87 of the Housing Act 2004 and the local housing authority refused to grant a licence, or

  (ii)

  the landlord held a licence but the licence has been revoked;

  (f)

  the dwelling-house is or is in an HMO which is licensed under Part 2 of the Housing Act 2004 or a house which is licensed under Part 3 of that Act and that HMO or house is occupied by more than the maximum number of households or persons specified in the licence;

  (g)

  compliance with a planning enforcement notice or injunction would be, or is, incompatible with continued occupation of the dwelling-house by the tenant.

  In this ground—

  • “common parts” has the same meaning as in Ground 13;

  • “house” has the same meaning as in Part 3 of the Housing Act 2004 (see section 99 of that Act);

  • references to the “landlord” are to the landlord who is seeking possession or, in the case of joint landlords seeking possession, to at least one of them;

  • “planning enforcement notice or injunction” means—

    (a)

    an enforcement notice issued under section 172 or 182 of the TCPA 1990 that has taken effect,

    (b)

    a breach of condition notice served under section 187A of the TCPA 1990,

    (c)

    an injunction granted under section 187B of the TCPA 1990,

    (d)

    a listed building enforcement notice issued under section 38, 45 or 46 of the P(LBCA)A 1990 that has taken effect, or

    (e)

    an injunction granted under section 44A of the P(LBCA)A 1990;

  • “P(LBCA)A 1990” means the Planning (Listed Building and Conservation Areas) Act 1990;

  • “TCPA 1990” means the Town and Country Planning Act 1990;

  • “the local housing authority” has the meaning given in section 261 of the Housing Act 2004.”

Commencement Information

I22 Sch. 1 para. 22 not in force at Royal Assent, see s. 145(1)(7)

Amendments of Ground 7: death of tenant E+W

23 In Ground 7—

(a) in the first unnumbered paragraph for the words from “The tenancy” to “devolved” insert “The tenancy has devolved on a person (the “new tenant”)”;

(b) after the first unnumbered paragraph insert—

• “But, if the new tenant is occupying the dwelling-house as the new tenant’s only or principal home immediately before the death of the former tenant, an order for possession on this Ground may not be made unless—

  (a)

  the tenancy has previously devolved on the former tenant under a will or intestacy (whenever that devolution occurred), or

  (b)

  the tenancy is a special tenancy immediately before the death of the former tenant.

  In this Ground “special tenancy” means—

  (a)

  a tenancy of social housing (within the meaning given by Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing;

  (b)

  a tenancy entered into pursuant to a rent-to-buy agreement (which has the same meaning as in Ground 1B) where the landlord is a private registered provider of social housing;

  (c)

  a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2;

  (d)

  a tenancy where the former tenant’s occupation of the dwelling-house is in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 (and here “local housing authority” has the same meaning as in Ground 5G);

  (e)

  a tenancy which meets the conditions in paragraphs (a), (b), (d) and (e) in the first paragraph of Ground 5H.”

(c) omit the third unnumbered paragraph.

Commencement Information

I23 Sch. 1 para. 23 not in force at Royal Assent, see s. 145(1)(7)

Amendments of Ground 8: rent arrears E+W

24 In Ground 8—

(a) in paragraph (a), for “eight” substitute “thirteen”;

(b) in paragraph (b), for “two” substitute “three”;

(c) omit paragraphs (c) and (d);

(d) at the end insert—

• “When calculating how much rent is unpaid for the purpose of this ground, if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.”

Commencement Information

I24 Sch. 1 para. 24 not in force at Royal Assent, see s. 145(1)(7)

Power to amend Schedule 2 and new interpretation provisions E+W

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

“Part 5 E+W Interpretation

12 (1) In this Schedule—

• “acquiring authority” means, where notice of a compulsory acquisition has been given, the person who would be authorised to make the compulsory acquisition if the order or legislation to which the notice relates were to become operative;

• “HMO” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act);

• “housing association” has the meaning given by section 1 of the Housing Associations Act 1985;

• “managed accommodation” means supported accommodation into which a tenant has been admitted in order to meet a need for care, support or supervision, in a case in which that care, support or supervision is provided otherwise than by the landlord or a person acting on behalf of the landlord;

• “relevant date”—

  (a)

  in Grounds 2ZA, 2ZB and 5F, means the date of service of the notice under section 8;

  (b)

  otherwise, means the date specified in the notice under section 8

  but see sub-paragraph (2) where the court exercises the power conferred by section 8(1)(b);;

• “support services” in relation to a tenant in supported accommodation, means care, support or supervision—

  (a)

  which is provided by the landlord or a person acting on behalf of the landlord, or

  (b)

  which the tenant was admitted into the accommodation for the purpose of receiving;

• “supported accommodation” means a dwelling-house let—

  (a)

  by—

  (i)

  a housing association,

  (ii)

  a private registered provider of social housing,

  (iii)

  a registered charity, or

  (iv)

  a voluntary organisation, and

  (b)

  to a tenant who receives care, support or supervision provided either—

  (i)

  by the landlord or a person acting on behalf of the landlord, or

  (ii)

  by someone else, if the tenant has been admitted into the accommodation in order to meet a need for care, support or supervision.

(2) Where the court exercises the power conferred by section 8(1)(b) (power to dispense with notice under section 8) references in this Schedule to the relevant date are to be read as references to the date on which proceedings for possession began.

(3) For the purposes of this Schedule, each of the following constitutes giving notice of a compulsory acquisition—

(a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order—

(i) publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, the Acquisition of Land Act 1981, in accordance with that Act, or

(ii) service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;

(b) in the case of a compulsory acquisition which is to be authorised by any other order, publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;

(c) in the case of a compulsory acquisition which is to be authorised by a special enactment, publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.

(4) In sub-paragraph (3)—

• “compulsory purchase order” means a compulsory purchase order within the meaning given by the Acquisition of Land Act 1981 (see section 2 of that Act);

• “special enactment” means—

  (a)

  a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

  (b)

  a provision which—

  (i)

  is contained in an Act other than a local or private Act, and

  (ii)

  authorises the compulsory acquisition of land specifically identified in that Act.

Part 6 E+W Powers to amend certain grounds and definitions

13 (1) The Secretary of State may by regulations amend this Schedule so as to—

(a) amend Ground 2ZA to change the descriptions of the landlord who may use the ground;

(b) amend Ground 2ZC to change the descriptions of previous landlord mentioned in it;

(c) provide for Ground 5C to apply only where the landlord seeking possession or the employer is of a particular description;

(d) amend Ground 5H to change the descriptions of landlord who may use the ground;

(e) add other situations to the list in the first paragraph of Ground 6B in which that ground may be relied on or remove any situations added by virtue of this sub-paragraph;

(f) amend the definition of “special tenancy” in Ground 7;

(g) amend the definition of “supported accommodation” or “managed accommodation” in paragraph 12.

(2) Regulations under this paragraph may—

(a) make consequential, supplementary, incidental, transitional or saving provision;

(b) make different provision for different purposes.

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

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

Commencement Information

I25 Sch. 1 para. 25 not in force at Royal Assent, see s. 145(1)(7)

Prospective

Section 29

Schedule 2 E+W Amendments relating to Chapter 1 of Part 1

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

1 The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.

Commencement Information

I26 Sch. 2 para. 1 not in force at Royal Assent, see s. 145(1)(7)

2 In section 16 (protection of tenure of certain rented premises by extension of Housing Act 1988) as it applies otherwise than to Scotland—

(a) omit subsection (1);

(b) in subsection (2)(a) omit “which is a periodic tenancy”;

(c) in subsection (3), for “Neither subsection (1) nor subsection (2) above applies” substitute “Subsection (2) does not apply”;

(d) in subsection (4), for “subsections (1) and” substitute “subsection”.

Commencement Information

I27 Sch. 2 para. 2 not in force at Royal Assent, see s. 145(1)(7)

3 In section 17 (provision supplementary to section 16 of that Act) as it applies otherwise than to Scotland—

(a) omit subsection (1);

(b) in subsection (2)—

(i) in paragraph (a) omit “which is a periodic tenancy”;

(ii) for paragraph (b) and the words after it substitute—

“(b) immediately before the time when the tenancy would otherwise have come to an end as mentioned in paragraph (a)—

(i) the tenant under the terms of the tenancy has the exclusive occupation of some accommodation (in this section referred to as “the separate accommodation”), and has the use of other accommodation in common with another person or other persons, not being or including the landlord, but

(ii) by reason only of such circumstances as are mentioned in section 16(4), subsection (1) of section 3 of the Housing Act 1988 (provisions where tenant shares accommodation with persons other than landlord) does not have effect with respect to the separate accommodation,

during the remainder of the period of protection, section 3 of the Housing Act 1988 applies in relation to the separate accommodation as if the circumstances referred to in sub-paragraph (ii) did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.”;

(c) in subsection (3) for “Neither subsection (1) nor subsection (2) above applies” substitute “Subsection (2) does not apply”.

Commencement Information

I28 Sch. 2 para. 3 not in force at Royal Assent, see s. 145(1)(7)

4 In section 18 (protection of tenure under a licence or rent free letting) as it applies otherwise than to Scotland, in subsection (1), omit “a statutory periodic tenancy which is”.

Commencement Information

I29 Sch. 2 para. 4 not in force at Royal Assent, see s. 145(1)(7)

5 In section 19 (limitation of application of Housing Act 1988 by virtue of sections 16 to 18 of that Act) as it applies otherwise than to Scotland—

(a) in paragraph (a) omit “the statutory periodic tenancy which is deemed to arise or, as the case may be,”;

(b) in paragraph (b) omit “before the time when that statutory periodic tenancy was deemed to arise or, as the case may be,”.

Commencement Information

I30 Sch. 2 para. 5 not in force at Royal Assent, see s. 145(1)(7)

6 In section 20 (modifications) as it applies otherwise than to Scotland—

(a) in subsection (2)—

(i) in the opening words, for “Ground 16” substitute “Ground 5C”;

(ii) in paragraph (b) omit “statutory periodic tenancy or”;

(b) in subsection (3), in the words before paragraph (a), for “16” substitute “18”.

Commencement Information

I31 Sch. 2 para. 6 not in force at Royal Assent, see s. 145(1)(7)

7 In section 23 (interpretation) omit the definitions of “fixed term tenancy” and “statutory periodic tenancy”.

Commencement Information

I32 Sch. 2 para. 7 not in force at Royal Assent, see s. 145(1)(7)

Greater London Council (General Powers) Act 1973 E+W

8 In section 25 of the Greater London Council (General Powers) Act 1973 (provision of temporary sleeping accommodation to constitute material change of use), in subsection (2)—

(a) in paragraph (a), after “person” insert “otherwise than under or by virtue of an assured tenancy”;

(b) after that paragraph insert—

“(aa) “assured tenancy” means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988;”

Commencement Information

I33 Sch. 2 para. 8 not in force at Royal Assent, see s. 145(1)(7)

Housing Act 1985 E+W

9 The Housing Act 1985 is amended as follows.

Commencement Information

I34 Sch. 2 para. 9 not in force at Royal Assent, see s. 145(1)(7)

10 In section 81ZA (grant of secure tenancies in cases of domestic abuse), in subsection (4), in the definition of “qualifying tenancy”, in paragraph (b), omit sub-paragraph (i).

Commencement Information

I35 Sch. 2 para. 10 not in force at Royal Assent, see s. 145(1)(7)

11 In section 81B (cases where old-style English secure tenancies may be granted), in subsection (2C), in the definition of “qualifying tenancy”, in paragraph (b), omit “which is not an assured shorthold tenancy and”;

Commencement Information

I36 Sch. 2 para. 11 not in force at Royal Assent, see s. 145(1)(7)

12 In section 82A (demotion because of anti-social behaviour)—

(a) in subsection (1), omit paragraphs (ba) and (c);

(b) in subsection (8), omit paragraph (b).

Commencement Information

I37 Sch. 2 para. 12 not in force at Royal Assent, see s. 145(1)(7)

13 In section 171B (extent of preserved right), omit subsection (1A).

Commencement Information

I38 Sch. 2 para. 13 not in force at Royal Assent, see s. 145(1)(7)

14 In section 553 (effect of repurchase on certain existing tenancies (England)), in subsection (2)—

(a) in paragraph (a), omit the words “or an assured tenancy”;

(b) in paragraph (b), omit the words from “or in accordance” to the end of that paragraph (including the “and” at the end of that paragraph);

(c) omit paragraph (c).

Commencement Information

I39 Sch. 2 para. 14 not in force at Royal Assent, see s. 145(1)(7)

15 In section 554 (grant of tenancy to former owner-occupier), in subsection (3)—

(a) omit paragraph (c) (and the “or” at the end of that paragraph);

(b) after paragraph (b), insert—

“(ca) an assured tenancy, or”.

Commencement Information

I40 Sch. 2 para. 15 not in force at Royal Assent, see s. 145(1)(7)

16 In Part 4 of Schedule 2 (grounds for possession: secure tenancies), in paragraph (1)(c), omit the words from “which is neither” to the end of that paragraph.

Commencement Information

I41 Sch. 2 para. 16 not in force at Royal Assent, see s. 145(1)(7)

17 In Schedule 3 (grounds for withholding consent to assignment by way of exchange), in ground 2A, in the definition of “demotion order”, omit “or section 6A of the Housing Act 1988”.

Commencement Information

I42 Sch. 2 para. 17 not in force at Royal Assent, see s. 145(1)(7)

Landlord and Tenant Act 1985 E+W

18 In section 13(1A) of the Landlord and Tenant Act 1985 (as amended by section 31) omit paragraph (b) and the “or” before it.

Commencement Information

I43 Sch. 2 para. 18 not in force at Royal Assent, see s. 145(1)(7)

Agricultural Holdings Act 1986 E+W

19 In Schedule 3 to the Agricultural Holdings Act 1986 (cases where consent of tribunal to operation of notice to quit is not required), in Part 2, in paragraph 3—

(a) in sub-paragraph (1), for paragraphs (c) and (d) substitute—

“(c) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy (construing that term in accordance with Part 1 of the Housing Act 1988)—

(i) by the person who was the landlord under the tenancy of the agricultural holding (“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 premises are to be let as suitable alternative accommodation for the purposes of paragraph (b) of case A, and

(B) subsection (5ZA) of section 7 of that Act is to apply;

(d) premises which are to be let as a separate dwelling in any other case on terms which will afford to the tenant security of tenure reasonably equivalent to the security that would be afforded by Chapter 1 of Part 1 of that Act in a case within paragraph (c).”;

(b) omit sub-paragraph (2).

Commencement Information

I44 Sch. 2 para. 19 not in force at Royal Assent, see s. 145(1)(7)

Housing Act 1988 E+W

20 The 1988 Act is amended as follows.

Commencement Information

I45 Sch. 2 para. 20 not in force at Royal Assent, see s. 145(1)(7)

21 In section 1 (assured tenancies), in subsection (5), omit “(and under any statutory periodic tenancy which arises on the coming to an end of that tenancy)”.

Commencement Information

I46 Sch. 2 para. 21 not in force at Royal Assent, see s. 145(1)(7)

22 In section 1A (application of Chapters 1, 2 and 3 of Part 1 to dwelling in Wales), in subsection (3), after “tenancy” insert “, without the amendments made by the Renters’ Rights Act 2025”.

Commencement Information

I47 Sch. 2 para. 22 not in force at Royal Assent, see s. 145(1)(7)

23 In section 5 (security of tenure)—

(a) in subsection (1)—

(i) in paragraph (a)(i) omit “or 21”;

(ii) omit paragraphs (b) and (c) (but not the “or” after them);

(iii) in the words after paragraph (d), for “a periodic” substitute “an”;

(b) omit subsections (2) to (7).

Commencement Information

I48 Sch. 2 para. 23 not in force at Royal Assent, see s. 145(1)(7)

24 Omit section 6.

Commencement Information

I49 Sch. 2 para. 24 not in force at Royal Assent, see s. 145(1)(7)

25 In section 9 (extended discretion of court in possession claims), in subsection (6), omit paragraph (b) and the “or” before it.

Commencement Information

I50 Sch. 2 para. 25 not in force at Royal Assent, see s. 145(1)(7)

26 In section 10A (power to order transfer of tenancy in certain cases) omit subsection (8).

Commencement Information

I51 Sch. 2 para. 26 not in force at Royal Assent, see s. 145(1)(7)

27 In section 15 (limited prohibition on assignment etc. without consent), in subsection (3), omit “a statutory periodic tenancy or”.

Commencement Information

I52 Sch. 2 para. 27 not in force at Royal Assent, see s. 145(1)(7)

28 In section 17 (succession to assured tenancy)—

(a) in subsection (1)(a), omit “periodic”;

(b) in subsection (1A)(a), omit “periodic”;

(c) omit subsection (1B);

(d) omit subsection (1C);

(e) in subsection (1D), for “, (1A), (1B) or (1C)” substitute “or (1A)”;

(f) in subsection (5), omit “or (1B)(c) above”;

(g) in subsection (6), omit “, (1C)”;

(h) omit subsection (7).

Commencement Information

I53 Sch. 2 para. 28 not in force at Royal Assent, see s. 145(1)(7)

29 In section 18 (provisions as to reversions on assured tenancies)—

(a) in subsection (3)—

(i) in the words before paragraph (a) omit “which is a periodic tenancy (including a statutory periodic tenancy)”;

(ii) omit paragraph (a) and the “or” after it;

(iii) in paragraph (b), for “periodic” substitute “assured”;

(iv) in the words after paragraph (b), for “periodic” substitute “assured”;

(b) omit subsection (4).

Commencement Information

I54 Sch. 2 para. 29 not in force at Royal Assent, see s. 145(1)(7)

30 In section 34 (restrictions on new protected tenancies and agricultural occupancies) omit subsection (3).

Commencement Information

I55 Sch. 2 para. 30 not in force at Royal Assent, see s. 145(1)(7)

31 In section 37 (no further assured tenancies under Housing Act 1980), in subsection (5), omit “(and under any statutory periodic tenancy which arises on the coming to an end of that tenancy)”.

Commencement Information

I56 Sch. 2 para. 31 not in force at Royal Assent, see s. 145(1)(7)

32 (1) Section 39 (statutory tenants: succession) is amended as follows.

(2) In subsection (5), in the words after paragraph (b), omit “periodic”.

(3) In subsection (6)—

(a) in the words before paragraph (a), omit “periodic”;

(b) in paragraph (d), after the second “tenancy” insert “(but this is subject to section 4A)”;

(c) in paragraph (e), for “sections 13 to 15” substitute “sections 13 to 16B”;

(d) omit paragraph (f).

(4) Omit subsection (7).

(5) In subsection (8)—

(a) omit “periodic”;

(b) after “above)” insert “; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled”.

(6) For subsection (9) substitute—

“(9) Where, immediately before the predecessor’s death, the predecessor was a tenant under a fixed term tenancy (the “former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor’s death (the “new tenancy”)—

(a) not later than the first anniversary of the date of the predecessor’s death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)—

(i) proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the “implied terms”), and

(ii) if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms;

(b) where a notice of variation has been served under paragraph (a)—

(i) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and

(ii) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed;

(c) where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy—

(i) which begins on the date of the predecessor’s death, and

(ii) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal’s consideration;

(d) whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined;

(e) in making a determination underparagraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant;

(f) where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct—

(i) the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and

(ii) the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal;

but for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation;

(g) nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.”

Commencement Information

I57 Sch. 2 para. 32 not in force at Royal Assent, see s. 145(1)(7)

33 In section 41 (rent assessment committees: procedure and information powers), in subsection (2), omit “or Chapter II”.

Commencement Information

I58 Sch. 2 para. 33 not in force at Royal Assent, see s. 145(1)(7)

34 In section 41A (amounts attributable to services) omit “or 22”.

Commencement Information

I59 Sch. 2 para. 34 not in force at Royal Assent, see s. 145(1)(7)

35 In section 45 (interpretation of Part 1)—

(a) in subsection (1) omit the definition of “statutory periodic tenancy”;

(b) in subsection (2) omit “Subject to paragraph 11 of Schedule 2 to this Act,”.

Commencement Information

I60 Sch. 2 para. 35 not in force at Royal Assent, see s. 145(1)(7)

36 In Schedule 2 (grounds for possession)—

(a) in Part 3, in paragraph 2(a), omit the words from “other than—” to the end of sub-paragraph (ii) (but not the “, or” at the end of the paragraph);

(b) omit Part 4.

Commencement Information

I61 Sch. 2 para. 36 not in force at Royal Assent, see s. 145(1)(7)

37 In Schedule 4 (statutory tenants: succession), in Part 3, omit paragraph 24.

Commencement Information

I62 Sch. 2 para. 37 not in force at Royal Assent, see s. 145(1)(7)

Local Government and Housing Act 1989 E+W

38 The Local Government and Housing Act 1989 is amended as follows.

Commencement Information

I63 Sch. 2 para. 38 not in force at Royal Assent, see s. 145(1)(7)

39 In Schedule 10 (security of tenure on ending of long residential tenancies)—

(a) in paragraph 5(1)(a), omit “, other than Ground 16”;

(b) for paragraph 5(2) substitute—

“(2) Ground 6 in Schedule 2 to the 1988 Act may not be specified in a landlord’s notice to resume possession if the tenancy is a former 1954 Act tenancy.

(2A) Where that Ground applies to any other long residential tenancy in accordance with sub-paragraph (1), it is to apply as if—

(a) in paragraph (b) of that Ground, 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 paragraph 6(3)(c)—

(i) omit “(other than an assured shorthold tenancy)”;

(ii) for “5” substitute “5H”;

(d) in paragraph 11(3)—

(i) in the opening words, omit “(not being an assured shorthold tenancy)”;

(ii) in paragraph (c), for “5” substitute “5H”;

(e) in paragraph 11(5)—

(i) in the opening words, omit “(not being an assured shorthold tenancy)”;

(ii) in paragraph (c), for “5” substitute “5H”;

(f) in paragraph 12(1), omit “or Chapter II”;

(g) in paragraph 13(4), for “15” substitute “18”.

Commencement Information

I64 Sch. 2 para. 39 not in force at Royal Assent, see s. 145(1)(7)

40 In Schedule 11 (minor and consequential amendments), omit paragraphs 103 and 108.

Commencement Information

I65 Sch. 2 para. 40 not in force at Royal Assent, see s. 145(1)(7)

Housing Act 1996 E+W

41 The Housing Act 1996 is amended as follows.

Commencement Information

I66 Sch. 2 para. 41 not in force at Royal Assent, see s. 145(1)(7)

42 In section 64 omit the entry for “assured shorthold tenancy”.

Commencement Information

I67 Sch. 2 para. 42 not in force at Royal Assent, see s. 145(1)(7)

43 Omit sections 96 to 100.

Commencement Information

I68 Sch. 2 para. 43 not in force at Royal Assent, see s. 145(1)(7)

44 In section 124 (introductory tenancies), in subsection (2)(b), omit “, other than an assured shorthold tenancy,”.

Commencement Information

I69 Sch. 2 para. 44 not in force at Royal Assent, see s. 145(1)(7)

45 In section 125 (duration of introductory tenancy)—

(a) in subsection (3), omit “, or a relevant assured shorthold tenancy,”;

(b) omit subsection (3A).

Commencement Information

I70 Sch. 2 para. 45 not in force at Royal Assent, see s. 145(1)(7)

46 In section 143 (index of defined expressions) omit “and assured shorthold tenancy”.

Commencement Information

I71 Sch. 2 para. 46 not in force at Royal Assent, see s. 145(1)(7)

47 In section 143C (change of landlord), in subsection (3), omit “shorthold”.

Commencement Information

I72 Sch. 2 para. 47 not in force at Royal Assent, see s. 145(1)(7)

48 In section 175 (homelessness and threatened homelessness), in subsection (5)—

(a) in paragraph (a), for “section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy)” substitute “section 8 of the Housing Act 1988 (notice of proceedings for possession)”;

(b) in paragraph (b), for “that notice will expire” substitute “the date specified in that notice is”.

Commencement Information

I73 Sch. 2 para. 48 not in force at Royal Assent, see s. 145(1)(7)

49 In section 188 (interim duty to accommodate in case of apparent priority need) omit subsection (1A).

Commencement Information

I74 Sch. 2 para. 49 not in force at Royal Assent, see s. 145(1)(7)

50 In section 193A(4) (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage)—

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

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

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

Commencement Information

I75 Sch. 2 para. 50 not in force at Royal Assent, see s. 145(1)(7)

51 In section 195 (duties in cases of threatened homelessness), in subsection (6)—

(a) in the words before paragraph (a), for “section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy)” substitute “section 8 of the Housing Act 1988 (notice of proceedings for possession)”;

(b) in paragraph (a)—

(i) for “will expire” substitute “specifies a date that is”;

(ii) for “expired” substitute “passed”.

Commencement Information

I76 Sch. 2 para. 51 not in force at Royal Assent, see s. 145(1)(7)

52 In section 209 (discharge of interim duties: arrangements with private landlord), in subsection (2), in the words after paragraph (b), for the words from “assured shorthold tenancy” (in the first place it occurs) to the end substitute “assured tenancy”.

Commencement Information

I77 Sch. 2 para. 52 not in force at Royal Assent, see s. 145(1)(7)

53 In section 218 (index of defined expressions: Part 7), in the entry for assured tenancy and assured shorthold tenancy, omit “and assured shorthold tenancy”.

Commencement Information

I78 Sch. 2 para. 53 not in force at Royal Assent, see s. 145(1)(7)

54 In section 230 (minor definitions: general), in the first definition, omit “, “assured shorthold tenancy””.

Commencement Information

I79 Sch. 2 para. 54 not in force at Royal Assent, see s. 145(1)(7)

55 Omit Schedule 7.

Commencement Information

I80 Sch. 2 para. 55 not in force at Royal Assent, see s. 145(1)(7)

Capital Allowances Act 2001 E+W

56 In the Capital Allowances Act 2001, in section 490(3)(b) (assured tenancy allowances), omit “(but not an assured shorthold tenancy)”.

Commencement Information

I81 Sch. 2 para. 56 not in force at Royal Assent, see s. 145(1)(7)

Police Reform Act 2002 E+W

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

Commencement Information

I82 Sch. 2 para. 57 not in force at Royal Assent, see s. 145(1)(7)

Homelessness Act 2002 E+W

58 In section 7 of the Homelessness Act 2002 (events causing main homelessness duty to cease)—

(a) for subsection (1) substitute—

“(1) Section 193 of the 1996 Act (events which bring main homelessness duty to an end) is amended in accordance with subsections (3) to (5).”;

(b) omit subsection (2).

Commencement Information

I83 Sch. 2 para. 58 not in force at Royal Assent, see s. 145(1)(7)

Finance Act 2003 E+W

59 In Schedule 9 to the Finance Act 2003 (stamp duty land tax: right to buy, shared ownership leases etc)—

(a) in paragraph 13, in each place it occurs, for “assured shorthold tenancy” substitute “assured tenancy”;

(b) in paragraph 14, in each place it occurs, for “assured shorthold tenancy” substitute “assured tenancy”.

Commencement Information

I84 Sch. 2 para. 59 not in force at Royal Assent, see s. 145(1)(7)

Anti-social Behaviour Act 2003 E+W

60 In the Anti-social Behaviour Act 2003—

(a) in section 14 (security of tenure: anti-social behaviour) omit subsection (4);

(b) omit section 15;

(c) in Schedule 1 (demoted tenancies), omit paragraph 2(3).

Commencement Information

I85 Sch. 2 para. 60 not in force at Royal Assent, see s. 145(1)(7)

Housing Act 2004 E+W

61 The Housing Act 2004 is amended as follows.

Commencement Information

I86 Sch. 2 para. 61 not in force at Royal Assent, see s. 145(1)(7)

62 Omit section 75.

Commencement Information

I87 Sch. 2 para. 62 not in force at Royal Assent, see s. 145(1)(7)

63 Omit section 98.

Commencement Information

I88 Sch. 2 para. 63 not in force at Royal Assent, see s. 145(1)(7)

64 In section 116 (general effect of final management orders), in subsection (4)—

(a) in paragraph (a)(ii), omit “(subject to paragraph (b))”;

(b) for paragraph (b) substitute—

“(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of Part 1 of the Housing Act 1988.”

Commencement Information

I89 Sch. 2 para. 64 not in force at Royal Assent, see s. 145(1)(7)

65 In section 136 (making of final EDMOs), in subsection (5), before paragraph (a) insert—

“(aa) where the EDMO is to be made by a local housing authority in England, paragraph 2 is to be read as requiring the notice under paragraph 1 to also set out the rights and powers of the authority under paragraph 10(3) of Schedule 7 in connection with a dwelling in relation to which a final EDMO is in force;”.

Commencement Information

I90 Sch. 2 para. 65 not in force at Royal Assent, see s. 145(1)(7)

66 In Schedule 7 (general effect of final EDMOs), in paragraph 10(4)—

(a) in paragraph (a)(ii) omit “(subject to paragraph (b))”;

(b) for paragraph (b) substitute—

“(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of the Housing Act 1988.”

Commencement Information

I91 Sch. 2 para. 66 not in force at Royal Assent, see s. 145(1)(7)

Housing and Regeneration Act 2008 E+W

67 The Housing and Regeneration Act 2008 is amended as follows.

Commencement Information

I92 Sch. 2 para. 67 not in force at Royal Assent, see s. 145(1)(7)

68 In section 180 (right to acquire)—

(a) in subsection (2)(a), omit “, other than a long tenancy”;

(b) in subsection (2A), omit “shorthold”.

Commencement Information

I93 Sch. 2 para. 68 not in force at Royal Assent, see s. 145(1)(7)

69 In Schedule 11 (possession orders relating to certain tenancies), in Part 1—

(a) omit paragraph 7;

(b) omit paragraph 9.

Commencement Information

I94 Sch. 2 para. 69 not in force at Royal Assent, see s. 145(1)(7)

Regulatory Enforcement and Sanctions Act 2008 E+W

70 In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of Part 1), in the appropriate place, insert—

• “Tenant Fees Act 2019 (c.4)”

Commencement Information

I95 Sch. 2 para. 70 not in force at Royal Assent, see s. 145(1)(7)

Charities Act 2011 E+W

71 (1) The Charities Act 2011 is amended as follows.

(2) In section 117 (restrictions on disposition of land: general), in subsection (2)(b)(ii), after “less” insert “or which are assured tenancies”.

(3) In section 120 (requirements for leases which are for 7 years or less)—

(a) in the heading, after “less” insert “or which are assured tenancies”;

(b) in subsection (1), the words from “a lease” to the end become paragraph (a);

(c) after that paragraph insert “, or

(b) a lease that is an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988.”

Commencement Information

I96 Sch. 2 para. 71 not in force at Royal Assent, see s. 145(1)(7)

Localism Act 2011 E+W

72 In the Localism Act 2011—

(a) in section 148 (duties to homeless persons) omit subsection (6)(b) and the “and” before it;

(b) in section 149 (duties to homeless persons: further amendments) omit subsections (2) and (4);

(c) in section 158 (secure and assured tenancies: transfer of tenancy)—

(i) omit subsection (3)(b)(i) and the “and” after it;

(ii) omit subsection (4)(b) and the “or” before it;

(iii) in subsection (8)(b), omit the words “that is not an assured shorthold tenancy”;

(iv) in subsection (9)(b), omit the words “that is not an assured shorthold tenancy”;

(v) in subsection (10), omit “shorthold”;

(d) in section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(c), for “and “assured shorthold tenancy” have” substitute “has”;

(e) in section 162 (secure and assured tenancies: recovery of possession after tenant’s death) omit subsection (4);

(f) omit section 163;

(g) omit section 164;

(h) in section 184 (tenancy deposit schemes), omit subsections (10) to (13);

(i) in Schedule 14 (grounds on which landlord may refuse to surrender and grant tenancies), in paragraph 6(4), in the definition of “demotion order”, omit “or section 6A of the Housing Act 1988”.

Commencement Information

I97 Sch. 2 para. 72 not in force at Royal Assent, see s. 145(1)(7)

Deregulation Act 2015 E+W

73 In the Deregulation Act 2015—

(a) omit section 31;

(b) omit sections 33 to 41.

Commencement Information

I98 Sch. 2 para. 73 not in force at Royal Assent, see s. 145(1)(7)

Immigration Act 2016 E+W

74 In section 41 of the Immigration Act 2016 (order for possession of dwelling-house), in subsection (3), omit paragraphs (c) and (d).

Commencement Information

I99 Sch. 2 para. 74 not in force at Royal Assent, see s. 145(1)(7)

Renting Homes (Wales) Act 2016 (anaw 1) E+W

75 In Schedule 12 to the Renting Homes (Wales) Act 2016—

(a) in the Welsh language text, after paragraph 29 insert—

“29A At ddibenion paragraffau 28 a 29, mae Deddf Tai 1988 yn gymwys heb y diwygiadau a wnaed gan Ddeddf Rhentwyr (Diwygio) 2025 (p.26).”;

(b) in the English language text, after paragraph 29 insert—

“29A For the purposes of paragraphs 28 and 29, the Housing Act 1988 applies without the amendments made by the Renters’ Rights Act 2025 (c.26).”

Commencement Information

I100 Sch. 2 para. 75 not in force at Royal Assent, see s. 145(1)(7)

Homelessness Reduction Act 2017 E+W

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

Commencement Information

I101 Sch. 2 para. 76 not in force at Royal Assent, see s. 145(1)(7)

Prospective

Section 73

Schedule 3 E+W Amendments connected with landlord redress schemes

Local Government Act 1974 E+W

1 The Local Government Act 1974 is amended in accordance with paragraphs 2 to 5.

Commencement Information

I102 Sch. 3 para. 1 not in force at Royal Assent, see s. 145(1)(7)

2 (1) Section 33 (consultation between Local Commissioner and other Commissioners and Ombudsmen) is amended as follows.

(2) In the heading, for the words from “Local Commissioner” to the end substitute “Local Commissioner and other appropriate persons”.

(3) In subsection (1)—

(a) for the words from “subject of an investigation” to “about the matter and,” substitute “subject of a relevant investigation, the Local Commissioner shall consult with the appropriate person about the matter and,”;

(b) for the words from “initiate a complaint” to the end substitute “initiate a relevant complaint in relation to which the person consulted would be the appropriate person”.

(4) In subsection (2)—

(a) for the words from “the Parliamentary Commissioner” to “in relation to” substitute “an appropriate person in relation to”;

(b) for the words from “consult” to “about” substitute “consult that person about”.

(5) In subsection (3)—

(a) for the words from “conducting an investigation” to “the complaint relates” substitute “conducting a relevant investigation, the appropriate person forms the opinion that the complaint to which the investigation relates also relates”;

(b) for “he”, in both places it occurs, substitute “the appropriate person”.

(6) After subsection (3) insert—

“(3ZA) Subsection (3) does not apply in relation to any of the following relevant investigations—

(a) an investigation by the Health Service Commissioner for England in accordance with the Act of 1993;

(b) an investigation by the Public Services Ombudsman for Wales in accordance with the Public Services Ombudsman (Wales) Act 2005;

(c) an investigation by the Scottish Public Services Ombudsman in accordance with the Act of 2002.”

(7) Omit subsections (3A) to (3C).

(8) In subsection (4), for the words from “subsection (3)” to “subsection (2)”, substitute “subsection (3), a Local Commissioner is consulted about a relevant complaint, subsection (2)”.

(9) After subsection (5) insert—

“(5A) In this section—

(a) “relevant investigation” means an investigation specified in column 1 of the table;

(b) “relevant complaint” means a complaint specified in column 2 of the table;

(c) “appropriate person”—

(i) in relation to a relevant investigation, means the person in column 3 of the table in the row in which the investigation is specified;

(ii) in relation to a relevant complaint, means the person in column 3 of the table in the row in which the complaint is specified.

1	2	3
Relevant investigations	Relevant complaints	Appropriate persons
An investigation by the Parliamentary Commissioner in accordance with section 5 of the Act of 1967	A complaint under the Act of 1967	The Parliamentary Commissioner
An investigation by the Health Service Commissioner for England in accordance with the Act of 1993	A complaint under the Act of 1993	The Health Service Commissioner for England
An investigation by a housing ombudsman under the Housing Act 1996	A complaint under the Housing Act 1996	The housing ombudsman
An investigation by the Scottish Public Services Ombudsman in accordance with the Act of 2002	A complaint under the Act of 2002	The Scottish Public Services Ombudsman
An investigation by the Public Services Ombudsman for Wales in accordance with the Public Services Ombudsman (Wales) Act 2005	A complaint under the Public Services Ombudsman (Wales) Act 2005	The Public Services Ombudsman for Wales
An investigation by the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022)	A complaint under the new homes ombudsman scheme	The new homes ombudsman
An investigation under a leasehold and estate management redress scheme (see section 100 of the Leasehold and Freehold Reform Act 2024)	A complaint under a leasehold and estate management redress scheme	The person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme
An investigation under a landlord redress scheme (see section 64 of the Renters’ Rights Act 2025)	A complaint under a landlord redress scheme	The person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme”

Commencement Information

I103 Sch. 3 para. 2 not in force at Royal Assent, see s. 145(1)(7)

3 (1) Section 33ZA (collaborative working between Local Commissioners and others) is amended as follows.

(2) In subsection (1), for the words from “jurisdiction of” to the end substitute “jurisdiction of an appropriate person, the Local Commissioner may, subject to subsection (2) below, conduct an investigation under this Part jointly with that appropriate person and any other appropriate person who, in the opinion of the Local Commissioner, has jurisdiction in relation to the matters which are the subject of the Local Commissioner’s investigation.”

(3) Omit subsections (1A) and (1B).

(4) In subsection (3), for the words from “investigated by” to the end substitute “investigated by an appropriate person relates partly to a matter within the Local Commissioner’s jurisdiction by virtue of this Part, the Local Commissioner may conduct an investigation under this Part jointly with that appropriate person and any other appropriate person who is also investigating the complaint.”

(5) After subsection (5) insert—

“(6) For the purposes of this section—

(a) “appropriate person” means any of the following—

(i) the Parliamentary Commissioner;

(ii) the Health Service Commissioner for England;

(iii) a housing ombudsman;

(iv) the new homes ombudsman;

(v) an individual who investigates complaints under a redress scheme;

(b) “redress scheme” means—

(i) a leasehold and estate management redress scheme;

(ii) a landlord redress scheme;

(c) a matter is within the jurisdiction of an individual who investigates complaints under a redress scheme if it is a matter which could be the subject of an investigation under that scheme.”

Commencement Information

I104 Sch. 3 para. 3 not in force at Royal Assent, see s. 145(1)(7)

4 In section 33ZB (arrangements for provision of administrative and other services), for subsection (4) substitute—

“(4) The persons within this subsection are—

• the Commission;

• the Parliamentary Commissioner;

• the Health Service Commissioner for England;

• the person administering a scheme approved under Schedule 2 to the Housing Act 1996 (scheme for enabling complaints to be investigated by a housing ombudsman);

• the new homes ombudsman;

• the person maintaining the new homes ombudsman scheme under arrangements made pursuant to section 136 of the Building Safety Act 2022;

• the administrator of a leasehold and estate management redress scheme;

• the administrator of a landlord redress scheme.”

Commencement Information

I105 Sch. 3 para. 4 not in force at Royal Assent, see s. 145(1)(7)

5 In section 34 (interpretation), in subsection (1), at the appropriate places insert—

• ““head of landlord redress”, in relation to a landlord redress scheme, means the person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme;”

• ““landlord redress scheme” has the meaning given by section 64(2) of the Renters’ Rights Act 2025;”.

Commencement Information

I106 Sch. 3 para. 5 not in force at Royal Assent, see s. 145(1)(7)

Housing Act 1996 E+W

6 (1) Paragraph 10A of Schedule 2 to the Housing Act 1996 (housing complaints: collaborative working with Local Commissioners) is amended as follows.

(2) In the heading above that paragraph, for “Local Commissioners” substitute “other appropriate persons”.

(3) In sub-paragraph (1), for the words from “a Local Commissioner” to the end substitute “an appropriate person, the housing ombudsman may, subject to sub-paragraph (2), conduct an investigation under this Act jointly with that person and any other appropriate person the housing ombudsman considers has jurisdiction.”

(4) Omit sub-paragraph (1A).

(5) In sub-paragraph (3), for the words from “a Local Commissioner” to the end substitute “an appropriate person relates partly to a matter within the jurisdiction of the housing ombudsman, the housing ombudsman may conduct an investigation jointly with that person and any other appropriate person investigating the complaint.”

(6) In sub-paragraph (4), for the words from “investigation jointly with” to the end substitute “investigation jointly with one or more appropriate persons, the requirements of paragraph 7 may be satisfied by a report made jointly with those persons.”

(7) For sub-paragraph (6) substitute—

“(6) For the purposes of this paragraph—

(a) “appropriate person” means any of the following—

(i) a Local Commissioner;

(ii) the new homes ombudsman;

(iii) an individual who investigates complaints under a redress scheme;

(b) “redress scheme” means—

(i) a redress scheme within the meaning of section 100(4) of the Leasehold and Freehold Reform Act 2024 (leasehold and estate management redress schemes);

(ii) a landlord redress scheme within the meaning of section 64(2) of the Renters’ Rights Act 2025;

(c) a matter is within the jurisdiction of an individual who investigates complaints under a redress scheme if it is a matter which could be the subject of an investigation under that scheme.”

Commencement Information

I107 Sch. 3 para. 6 not in force at Royal Assent, see s. 145(1)(7)

Government of Wales Act 1998 E+W

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

Commencement Information

I108 Sch. 3 para. 7 not in force at Royal Assent, see s. 145(1)(7)

Public Services Ombudsman (Wales) Act 2005 E+W

8 In paragraph 15 of Schedule 6 to the Public Services Ombudsman (Wales) Act 2005 (consequential amendments)—

(a) in sub-paragraph (2), omit paragraphs (c) and (e);

(b) omit sub-paragraph (3).

Commencement Information

I109 Sch. 3 para. 8 not in force at Royal Assent, see s. 145(1)(7)

Localism Act 2011 E+W

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

Commencement Information

I110 Sch. 3 para. 9 not in force at Royal Assent, see s. 145(1)(7)

Building Safety Act 2022 E+W

10 The Building Safety Act 2022 is amended in accordance with paragraphs 11 and 12.

Commencement Information

I111 Sch. 3 para. 10 not in force at Royal Assent, see s. 145(1)(7)

11 In Schedule 3 (cooperation and information sharing), in paragraph 3, for sub-paragraph (5) substitute—

“(5) “Relevant scheme” means any of the following—

• a scheme approved under Schedule 2 to the Housing Act 1996 (housing complaints: social landlords);

• a redress scheme to which persons are required by virtue of section 83 of the Enterprise and Regulatory Reform Act 2013 (lettings agency work) to be members;

• a redress scheme to which persons are required by virtue of section 84 of that Act (property management work) to be members;

• the new homes ombudsman scheme;

• a redress scheme within the meaning of section 100(4) of the Leasehold and Freehold Reform Act 2024 (leasehold and estate management redress schemes);

• a landlord redress scheme within the meaning of section 64(2) of the Renters’ Rights Act 2025.”

Commencement Information

I112 Sch. 3 para. 11 not in force at Royal Assent, see s. 145(1)(7)

12 In Schedule 10 (amendments in connection with new homes ombudsman), omit paragraphs 1 to 5.

Commencement Information

I113 Sch. 3 para. 12 not in force at Royal Assent, see s. 145(1)(7)

Leasehold and Freehold Reform Act 2024 E+W

13 In Schedule 13 to the Leasehold and Freehold Reform Act 2024 (amendments in connection with leasehold and estate management redress schemes), omit paragraphs 2, 3, 4, 6 and 7.

Commencement Information

I114 Sch. 3 para. 13 not in force at Royal Assent, see s. 145(1)(7)

Section 100(6)

Schedule 4 E+W Decent homes standard

Part 1 E+W Amendments of Housing Act 2004

1 E+W The Housing Act 2004 is amended as follows.

Commencement Information

I115 Sch. 4 para. 1 not in force at Royal Assent, see s. 145(1)(7)

I116 Sch. 4 para. 1 in force at 27.12.2025 for specified purposes by S.I. 2025/1354, reg. 2(c)(i)

Prospective

2 (1) Section 1 (new system for assessing housing conditions and enforcing housing standards) is amended as follows. E+W

(2) In subsection (3)(a), omit “hazard”.

(3) After subsection (8) insert—

“(9) But unoccupied HMO accommodation is “qualifying residential premises” for the purposes of this Part only to the extent provided for by section 2B(1)(c).”

Commencement Information

I117 Sch. 4 para. 2 not in force at Royal Assent, see s. 145(1)(7)

Prospective

3 (1) Section 4 (inspections by local housing authorities) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) If a local housing authority consider as a result of any matters of which they have become aware in carrying out their duty under section 3, or for any other reason, that it would be appropriate for any residential premises in their district to be inspected with a view to determining—

(a) whether any category 1 or 2 hazard exists on the premises, or

(b) in the case of qualifying residential premises, whether the premises meet the requirements specified by regulations under section 2A,

the authority must arrange for such an inspection to be carried out.”

(3) In subsection (2)—

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

(b) after that paragraph insert—

“(aa) in the case of qualifying residential premises, that the premises may not meet the requirements specified by regulations under section 2A, or”.

(4) After subsection (5) insert—

“(5A) Regulations made under subsection (4) by the Secretary of State may also make provision about the manner of assessing whether qualifying residential premises meet the requirements specified by regulations under section 2A.”

(5) In subsection (6)—

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

(b) after that paragraph insert—

“(aa) that any qualifying residential premises in their district fail to meet the requirements specified by regulations under section 2A, or”.

(6) In the heading, omit “to see whether category 1 or 2 hazards exist”.

Commencement Information

I118 Sch. 4 para. 3 not in force at Royal Assent, see s. 145(1)(7)

Prospective

4 (1) Section 5 (general duty to take enforcement action) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) If a local housing authority consider that—

(a) a category 1 hazard exists on any residential premises, or

(b) any qualifying residential premises fail to meet a type 1 requirement,

the authority must take the appropriate enforcement action in relation to the hazard or failure.”

(3) In subsection (2)(c), for “a hazard” substitute “an”.

(4) In subsections (3) to (6), after “hazard” (in each place) insert “or failure”.

(5) In the heading, after “hazards” insert “and type 1 requirements”.

Commencement Information

I119 Sch. 4 para. 4 not in force at Royal Assent, see s. 145(1)(7)

Prospective

5 E+W In the heading to section 6 (how duty under section 5 operates in certain cases), omit “Category 1 hazards”.

Commencement Information

I120 Sch. 4 para. 5 not in force at Royal Assent, see s. 145(1)(7)

Prospective

6 E+W After section 6 insert—

“6A Financial penalties relating to category 1 hazards or type 1 requirements

(1) This section applies where—

(a) a local housing authority is required by section 5(1) to take the appropriate enforcement action in relation to—

(i) the existence of a category 1 hazard on qualifying residential premises other than the common parts of a building containing one or more flats, or

(ii) a failure by qualifying residential premises other than the common parts of a building containing one or more flats to meet a type 1 requirement, and

(b) in the opinion of the local housing authority it would have been reasonably practicable for the responsible person to secure the removal of the hazard or the meeting of the requirement.

(2) When first taking that action, the local housing authority may also impose on the responsible person a financial penalty under this section in relation to the hazard or failure.

(3) In subsections (1) and (2), “the responsible person” is the person on whom an improvement notice may be served in accordance with paragraphs A1 to 4 of Schedule 1 in relation to the hazard or failure.

(4) For the purposes of subsection (3)—

(a) it is to be assumed that serving such a notice in relation to the hazard or failure is a course of action available to the authority, and

(b) any reference in paragraphs A1 to 4 of Schedule 1 to “the specified premises” is, in relation to the imposition of a financial penalty under this section, to be read as a reference to the premises specified in the final notice in accordance with paragraph 8(c) of Schedule A1.

(5) In subsection (4)(b), “final notice” has the meaning given by paragraph 6 of Schedule A1.

(6) The amount of the penalty is to be determined by the authority but must not be more than £7,000.

(7) A penalty under this section may relate to—

(a) more than one category 1 hazard on the same premises,

(b) more than one failure to meet type 1 requirements by the same premises, or

(c) any combination of such hazards or failures on or by the same premises.

(8) The Secretary of State may by regulations amend the amount specified in subsection (6) to reflect changes in the value of money.

(9) Schedule A1 makes provision about—

(a) the procedure for imposing a financial penalty under this section,

(b) appeals against financial penalties under this section,

(c) enforcement of financial penalties under this section, and

(d) how local housing authorities are to deal with the proceeds of financial penalties under this section.”

Commencement Information

I121 Sch. 4 para. 6 not in force at Royal Assent, see s. 145(1)(7)

Prospective

7 (1) Section 7 (powers to take enforcement action) is amended as follows. E+W

(2) In subsection (1), for “that a category 2 hazard exists on residential premises” substitute “that—

(a) a category 2 hazard exists on residential premises, or

(b) qualifying residential premises fail to meet a type 2 requirement.”.

(3) In subsection (2)(c), for “a hazard” substitute “an”.

(4) In subsection (3)—

(a) after “hazard” (in the first place) insert “or failure to meet a type 2 requirement”, and

(b) after “hazard” (in the second place) insert “or failure”.

(5) In the heading, after “hazards” insert “and type 2 requirements”.

Commencement Information

I122 Sch. 4 para. 7 not in force at Royal Assent, see s. 145(1)(7)

Prospective

8 E+W In section 8 (reasons for decision to take enforcement action), in subsection (5)(a), omit “hazard”.

Commencement Information

I123 Sch. 4 para. 8 not in force at Royal Assent, see s. 145(1)(7)

9 (1) Section 9 (guidance about inspections and enforcement action) is amended as follows. E+W

(2) In subsection (1)(b), omit “hazard”.

(3) After that subsection insert—

“(1A) The Secretary of State may give guidance to local housing authorities in England about exercising their functions under this Chapter in relation to—

(a) assessing whether qualifying residential premises meet the requirements specified by regulations under section 2A, or

(b) financial penalties.”

Commencement Information

I124 Sch. 4 para. 9 not in force at Royal Assent, see s. 145(1)(7)

I125 Sch. 4 para. 9(1) in force at 27.12.2025 for specified purposes by S.I. 2025/1354, reg. 2(c)(i)

I126 Sch. 4 para. 9(3) in force at 27.12.2025 for specified purposes by S.I. 2025/1354, reg. 2(c)(ii)

Prospective

10 E+W In the heading of Chapter 2 of Part 1 (improvement notices, prohibition orders and hazard awareness notices), omit “hazard”.

Commencement Information

I127 Sch. 4 para. 10 not in force at Royal Assent, see s. 145(1)(7)

Prospective

11 (1) Section 11 (improvement notices relating to category 1 hazards: duty of authority to serve notice) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) If—

(a) the local housing authority are satisfied that—

(i) a category 1 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 1 requirement, and

(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

serving an improvement notice under this section in respect of the hazard or failure is a course of action available to the authority in relation to the hazard or failure for the purposes of section 5 (category 1 hazards and type 1 requirements: general duty to take enforcement action).”

(3) In subsection (2), after “hazard” insert “or failure”.

(4) In subsection (3)(a), after “exists” insert “, or which fail to meet the requirement,”.

(5) In subsection (4)—

(a) after “exists,” insert “or which fail to meet the requirement,”, and

(b) in paragraph (a), after “hazard” insert “or failure”.

(6) In subsection (5)(a), for the words from “that” to “but” substitute “that—

(i) if the notice relates to a hazard, the hazard ceases to be a category 1 hazard;

(ii) if the notice relates to a failure by premises to meet a type 1 requirement, the premises meet the requirement; but”.

(7) In subsection (6), for the words from “to” to the end substitute “to—

(a) more than one category 1 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 1 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.”

(8) In subsection (8)—

(a) after “hazard” (in the first place) insert “or failure”, and

(b) after “hazard” (in the second place) insert “or secure that the premises meet the requirement”.

(9) In the heading, after “hazards” insert “and type 1 requirements”.

Commencement Information

I128 Sch. 4 para. 11 not in force at Royal Assent, see s. 145(1)(7)

Prospective

12 (1) Section 12 (improvement notices relating to category 2 hazards: power of authority to serve notice) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) If—

(a) the local housing authority are satisfied that—

(i) a category 2 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 2 requirement, and

(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

the authority may serve an improvement notice under this section in respect of the hazard or failure.”

(3) In subsection (2), after “hazard” insert “or failure”.

(4) In subsection (4), for the words from “to” to the end substitute “to—

(a) more than one category 2 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 2 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.”

(5) In the heading, after “hazards” insert “and type 2 requirements”.

Commencement Information

I129 Sch. 4 para. 12 not in force at Royal Assent, see s. 145(1)(7)

Prospective

13 (1) Section 13 (contents of improvement notices) is amended as follows. E+W

(2) In subsection (2)—

(a) after “hazard” (in each place) insert “or failure”,

(b) after “hazards” insert “or failures”, and

(c) in paragraph (b), after “exists” insert “or to which it relates”.

(3) In subsection (5), after “hazard” insert “or failure”.

Commencement Information

I130 Sch. 4 para. 13 not in force at Royal Assent, see s. 145(1)(7)

Prospective

14 E+W In section 16(3) (revocation and variation of improvement notices)—

(a) after “hazards” (in the first place) insert “or failures (or a combination of hazards and failures)”, and

(b) in paragraph (a), after “hazards” insert “or failures”.

Commencement Information

I131 Sch. 4 para. 14 not in force at Royal Assent, see s. 145(1)(7)

Prospective

15 (1) Section 19 (change in person liable to comply with improvement notice) is amended as follows. E+W

(2) For subsection (2) substitute—

“(2) In subsection (1), the reference to a person ceasing to be a “person of the relevant category”—

(a) in the case of an improvement notice served on a landlord or superior landlord under paragraph A1(3) of Schedule 1, is a reference to the person ceasing to hold the estate in the premises by virtue of which the person was the landlord or superior landlord, and

(b) in any other case, is a reference to the person ceasing to fall within the description of person (such as, for example, the holder of a licence under Part 2 or 3 or the person managing a dwelling) by reference to which the notice was served on the person.”

(3) In subsection (7), for “or (9)” substitute “, (9) or (10)”.

(4) After subsection (9) insert—

“(10) If—

(a) the original recipient was served as a landlord or superior landlord under paragraph A1(3) of Schedule 1, and

(b) the original recipient ceases as from the changeover date to be a person of the relevant category as a result of ceasing to hold the estate in the premises by virtue of which the person was the landlord or superior landlord,

the new holder of the estate or, if the estate has ceased to exist, the reversioner, is the “liable person”.”

Commencement Information

I132 Sch. 4 para. 15 not in force at Royal Assent, see s. 145(1)(7)

Prospective

16 (1) In section 20 (prohibition orders relating to category 1 hazards: duty of authority to make order) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) If—

(a) the local housing authority are satisfied that—

(i) a category 1 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 1 requirement, and

(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

making a prohibition order under this section in respect of the hazard or failure is a course of action available to the authority in relation to the hazard or failure for the purposes of section 5 (category 1 hazards and type 1 requirements: general duty to take enforcement action).”

(3) In subsection (3)—

(a) in paragraph (a), after “exists” insert “, or which fail to meet the requirement,”, and

(b) for paragraph (b) substitute—

“(b) if those premises are—

(i) one or more flats, or

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

it may prohibit the use of the building containing the flat or flats or accommodation (or any part of the building) or any external common parts;”.

(4) In subsection (4)—

(a) after “exists,” insert “or which fail to meet the requirement,”, and

(b) in paragraph (a), after “hazard” insert “or failure”.

(5) In subsection (5), for the words from “to” to the end substitute “to—

(a) more than one category 1 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 1 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.”

(6) In the heading, after “hazards” insert “and type 1 requirements”.

Commencement Information

I133 Sch. 4 para. 16 not in force at Royal Assent, see s. 145(1)(7)

Prospective

17 (1) Section 21 (prohibition orders relating to category 2 hazards: power of authority to make order) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) If—

(a) the local housing authority are satisfied that—

(i) a category 2 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 2 requirement, and

(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

the authority may make a prohibition order under this section in respect of the hazard or failure.”

(3) In subsection (4), for the words from “to” to the end substitute “to—

“(a) more than one category 2 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 2 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.”

(4) In the heading, after “hazards” insert “and type 2 requirements”.

Commencement Information

I134 Sch. 4 para. 17 not in force at Royal Assent, see s. 145(1)(7)

Prospective

18 (1) Section 22 (contents of prohibition orders) is amended as follows. E+W

(2) In subsection (2)—

(a) after “hazard” (in each place) insert “or failure”,

(b) after “hazards” insert “or failures”, and

(c) in paragraph (b), after “exists” insert “or to which it relates”.

(3) In subsection (3)(b), after “hazards” insert “, or failure or failures,”.

Commencement Information

I135 Sch. 4 para. 18 not in force at Royal Assent, see s. 145(1)(7)

Prospective

19 (1) Section 25 (revocation and variation of prohibition orders) is amended as follows. E+W

(2) In subsection (1), for the words from “that” to the end substitute “that—

(a) in the case of an order made in respect of a hazard, the hazard does not then exist on the residential premises specified in the order in accordance with section 22(2)(b), and

(b) in the case of an order made in respect of a failure by premises so specified to meet a requirement specified by regulations under section 2A, the premises then meet the requirement.”

(3) In subsection (3)—

(a) after “hazards” (in the first place) insert “or failures (or a combination of hazards and failures)”, and

(b) in paragraph (a), after “hazards” insert “or failures”.

Commencement Information

I136 Sch. 4 para. 19 not in force at Royal Assent, see s. 145(1)(7)

Prospective

20 E+W In the italic heading before section 28, omit “Hazard”.

Commencement Information

I137 Sch. 4 para. 20 not in force at Royal Assent, see s. 145(1)(7)

Prospective

21 (1) Section 28 (hazard awareness notices relating to category 1 hazards: duty of authority to serve notice) is amended as follows. E+W

(2) For subsections (1) and (2) substitute—

“(1) If—

(a) the local housing authority are satisfied that—

(i) a category 1 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 1 requirement, and

(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

serving an awareness notice under this section in respect of the hazard or failure is a course of action available to the authority in relation to the hazard or failure for the purposes of section 5 (category 1 hazards and type 1 requirements: general duty to take enforcement action).

(2) An awareness notice under this section is a notice advising the person on whom it is served of—

(a) the existence of a category 1 hazard on, or

(b) a failure to meet a type 1 requirement by,

the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.”

(3) In subsection (3)(a), after “exists” insert “, or which fail to meet the requirement,”.

(4) In subsection (4)—

(a) after “exists,” insert “or which fail to meet the requirement,”, and

(b) in paragraph (a), after “hazard” insert “or failure”.

(5) In subsection (5), for the words from “to” to the end substitute “to—

(a) more than one category 1 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 1 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.”

(6) In subsection (6)—

(a) after “hazard” (in each place) insert “or failure”,

(b) after “hazards” insert “or failures”, and

(c) in paragraph (a), after “exists” insert “or to which it relates”.

(7) In subsection (8), for “a hazard” substitute “an”.

(8) At the end insert—

“(9) A notice under this section in respect of residential premises in Wales is to be known as a “hazard awareness notice”.”

(9) In the heading—

(a) omit “Hazard”, and

(b) after “category 1 hazards” insert “and type 1 requirements”.

Commencement Information

I138 Sch. 4 para. 21 not in force at Royal Assent, see s. 145(1)(7)

Prospective

22 (1) Section 29 (hazard awareness notices relating to category 2 hazards: power of authority to serve notice) is amended as follows. E+W

(2) For subsections (1) and (2) substitute—

“(1) If—

(a) the local housing authority are satisfied that—

(i) a category 2 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 2 requirement, and

(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

the authority may serve an awareness notice under this section in respect of the hazard or failure.

(2) An awareness notice under this section is a notice advising the person on whom it is served of—

(a) the existence of a category 2 hazard on, or

(b) a failure to meet a type 2 requirement by,

the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.”

(3) In subsection (3), for “a hazard” substitute “an”.

(4) In subsection (4), for the words from “to” to the end substitute “to—

(a) more than one category 2 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 2 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.”

(5) In subsection (5)—

(a) after “hazard” (in each place) insert “or failure”,

(b) after “hazards” insert “or failures”, and

(c) in paragraph (a), after “exists” insert “or to which it relates”.

(6) In subsection (8), for “a hazard” substitute “an”.

(7) At the end insert—

“(9) A notice under this section in respect of residential premises in Wales is to be known as a “hazard awareness notice”.”

(8) In the heading—

(a) omit “Hazard”, and

(b) after “category 2 hazards” insert “and type 2 requirements”.

Commencement Information

I139 Sch. 4 para. 22 not in force at Royal Assent, see s. 145(1)(7)

Prospective

23 (1) Section 30 (offence of failing to comply with improvement notice) is amended as follows. E+W

(2) In subsection (2), after “hazard” insert “or failure”.

(3) In subsection (3), omit “not exceeding level 5 on the standard scale”.

(4) In subsection (5), after “hazard” insert “or failure”.

Commencement Information

I140 Sch. 4 para. 23 not in force at Royal Assent, see s. 145(1)(7)

Prospective

24 E+W In section 32 (offence of failing to comply with prohibition order etc), in subsection (2)(a), omit “not exceeding level 5 on the standard scale”.

Commencement Information

I141 Sch. 4 para. 24 not in force at Royal Assent, see s. 145(1)(7)

Prospective

25 E+W In section 35 (power of court to order occupier or owner to allow action to be taken on premises), for the definition of “relevant person” in subsection (8) substitute—

• ““relevant person”, in relation to any premises, means—

  (a)

  a person who is an owner of the premises;

  (b)

  a person having control of or managing the premises;

  (c)

  the holder of any licence under Part 2 or 3 in respect of the premises;

  (d)

  in the case of qualifying residential premises which are let under a relevant tenancy, the landlord under the tenancy and any person who is a superior landlord in relation to the tenancy.”

Commencement Information

I142 Sch. 4 para. 25 not in force at Royal Assent, see s. 145(1)(7)

Prospective

26 (1) Section 40 (emergency remedial action) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) If—

(a) the local housing authority are satisfied that—

(i) a category 1 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 1 requirement, and

(b) they are further satisfied that the hazard or failure involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and

(c) no management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a)(i) or (ii),

the taking by the authority of emergency remedial action under this section in respect of the hazard or failure is a course of action available to the authority in relation to the hazard or failure for the purposes of section 5 (category 1 hazards and type 1 requirements: general duty to take enforcement action).”

(3) In subsection (2), after “hazard” insert “or failure”.

(4) In subsection (4), for the words from “of” to the end substitute “of—

(a) more than one category 1 hazard on the same premises or in the same building containing one or more flats,

(b) more than one failure to meet type 1 requirements by the same premises or the same building containing one or more flats, or

(c) any combination of such hazards and failures—

(i) on or by the same premises, or

(ii) in or by the same building containing one or more flats.”

Commencement Information

I143 Sch. 4 para. 26 not in force at Royal Assent, see s. 145(1)(7)

Prospective

27 E+W In section 41 (notice of emergency remedial action), in subsection (2)—

(a) after “hazard” (in each place) insert “or failure”,

(b) after “hazards” insert “or failures”, and

(c) in paragraph (a), after “exists” insert “or to which it relates”.

Commencement Information

I144 Sch. 4 para. 27 not in force at Royal Assent, see s. 145(1)(7)

Prospective

28 E+W In section 43 (emergency prohibition orders), for subsection (1) substitute—

“(1) If—

(a) the local housing authority are satisfied that—

(i) a category 1 hazard exists on any residential premises, or

(ii) any qualifying residential premises fail to meet a type 1 requirement, and

(b) they are further satisfied that the hazard or failure involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and

(c) no management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a)(i) or (ii),

making an emergency prohibition order under this section in respect of the hazard or failure is a course of action available to the authority in relation to the hazard or failure for the purposes of section 5 (category 1 hazards and type 1 requirements: general duty to take enforcement action).”

Commencement Information

I145 Sch. 4 para. 28 not in force at Royal Assent, see s. 145(1)(7)

Prospective

29 E+W In section 44 (contents of emergency prohibition orders), in subsection (2)—

(a) after “hazard” (in each place) insert “or failure”,

(b) after “hazards” insert “or failures”, and

(c) in paragraph (a), after “exists” insert “or to which it relates”.

Commencement Information

I146 Sch. 4 para. 29 not in force at Royal Assent, see s. 145(1)(7)

Prospective

30 E+W In section 49 (power to charge for certain enforcement action)—

(a) in subsection (1)(c), for “a hazard” substitute “an”, and

(b) in subsection (2), for “a hazard” substitute “an”.

Commencement Information

I147 Sch. 4 para. 30 not in force at Royal Assent, see s. 145(1)(7)

Prospective

31 E+W In section 50 (recovery of charge under section 49), in subsection (2)(b), for “a hazard” substitute “an”.

Commencement Information

I148 Sch. 4 para. 31 not in force at Royal Assent, see s. 145(1)(7)

Prospective

32 E+W In section 54 (index of defined expressions: Part 1)—

(a) at the appropriate places insert—

“Qualifying residential premises

Section 2B(1)”;

“Relevant tenancy

Section 2B(2)”;

“Social housing

Section 2B(2)”;

“Supported exempt accommodation

Section 2B(2)”;

“Type 1 requirement

Section 2A(3)(a)”;

“Type 2 requirement

Section 2A(3)(b)”, and

(b) in the entry for “Hazard awareness notice”, in the first column, omit “Hazard” (and, accordingly, move the entry to the appropriate place).

Commencement Information

I149 Sch. 4 para. 32 not in force at Royal Assent, see s. 145(1)(7)

Prospective

33 (1) Section 250 (orders and regulations) is amended as follows. E+W

(2) After subsection (2) insert—

“(2A) The power under subsection (2)(b) includes power—

(a) to provide for regulations under sections 2A and 2B(3) to apply (with or without modifications) in relation to tenancies or licences entered into before the date on which the regulations come into force;

(b) for regulations under section 2B(3)(b) to provide for Part 1 to apply in relation to licences with such modifications as may be specified in the regulations.”

(3) In subsection (6), before paragraph (a) insert—

“(za) regulations under sections 2A and 2B(3),”.

Commencement Information

I150 Sch. 4 para. 33 not in force at Royal Assent, see s. 145(1)(7)

Prospective

34 E+W Before Schedule 1 insert—

Section 6A

“Schedule A1 E+W Procedure and appeals relating to financial penalties under section 6A

Notice of intent

1 Before imposing a financial penalty on a person under section 6A a local housing authority must give the person notice of the authority’s proposal to do so (a “notice of intent”).

2 The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has evidence sufficient to require it to take the appropriate enforcement action under section 5(1) in relation to—

(a) the existence of the category 1 hazard, or

(b) the failure to meet the type 1 requirement.

3 The notice of intent must set out—

(a) the date on which the notice of intent is given,

(b) the amount of the proposed financial penalty,

(c) the reasons for proposing to impose the penalty,

(d) information about the right to make representations under paragraph 4.

Right to make representations

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

(2) Any representations must be made within the period of 28 days beginning with the day after the day on which the notice of intent was given (“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 do so, decide the amount of the penalty.

6 If the local housing authority decides to impose a financial penalty on the person, it must give a notice to the person (a “final notice”) imposing that penalty.

7 The final notice must require the penalty to be paid within the period of 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 premises—

(i) on which the authority considers a category 1 hazard exists;

(ii) which the authority considers fail to meet a type 1 requirement,

(d) the reasons for imposing the penalty,

(e) information about how to the pay the penalty,

(f) the period for payment of the penalty,

(g) information about rights of appeal, and

(h) the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

9 (1) A local housing authority may at any time—

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

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

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

Appeals

10 (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 is given to the person.

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

(4) An appeal under this paragraph—

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

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

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

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

Recovery of financial penalty

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

(2) The local housing authority which imposed the financial penalty may recover the penalty, or part of it, on the order of the county 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 authority which imposed the financial penalty, and

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

is conclusive evidence of that fact.

(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 section 6A, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under Part 1 of this Act, the Renters’ Rights Act 2025 or otherwise in relation to the private rented sector.

13 Any proceeds of a financial penalty imposed under section 6A which are not applied in accordance with paragraph 12 must be paid to the Secretary of State.

14 (1) In paragraph 12, the reference to enforcement functions “in 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” does not include social housing.

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

Commencement Information

I151 Sch. 4 para. 34 not in force at Royal Assent, see s. 145(1)(7)

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

I152 Sch. 4 para. 35 not in force at Royal Assent, see s. 145(1)(7)

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

I153 Sch. 4 para. 36 not in force at Royal Assent, see s. 145(1)(7)

Prospective

37 (1) Schedule 3 (improvement notices: enforcement action by local housing authorities) is amended as follows. E+W

(2) In paragraph 3, after “hazard” (in each place) insert “or failure”.

(3) In paragraph 4, after “hazard” (in both places) insert “or failure”.

Commencement Information

I154 Sch. 4 para. 37 not in force at Royal Assent, see s. 145(1)(7)

Prospective

Part 2 E+W Amendments of other Acts

Land Compensation Act 1973 E+W

38 (1) Section 33D of the Land Compensation Act 1973 (loss payments: exclusions) is amended as follows.

(2) In subsection (4)—

(a) in paragraph (b), after “hazard” insert “or type 1 requirement”, and

(b) in paragraph (c), after “hazard” insert “or type 2 requirement”.

(3) In subsection (5)—

(a) in paragraph (a), after “hazard” insert “or type 1 requirement”, and

(b) in paragraph (b), after “hazard” insert “or type 2 requirement”.

Commencement Information

I155 Sch. 4 para. 38 not in force at Royal Assent, see s. 145(1)(7)

Housing Act 1985 E+W

39 In section 269A of the Housing Act 1985 (appeals suggesting certain other courses of action), in subsection (2)(c), for “a hazard” substitute “an”.

Commencement Information

I156 Sch. 4 para. 39 not in force at Royal Assent, see s. 145(1)(7)

Housing and Regeneration Act 2008 E+W

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

Commencement Information

I157 Sch. 4 para. 40 not in force at Royal Assent, see s. 145(1)(7)

Housing and Planning Act 2016 E+W

41 In section 40(4) of the Housing and Planning Act 2016 (offences under sections 30(1) and 32(1) of the Housing Act 2004), after “on” insert “, or a failure to meet a requirement by,”.

Commencement Information

I158 Sch. 4 para. 41 not in force at Royal Assent, see s. 145(1)(7)

Tenant Fees Act 2019 E+W

42 In Schedule 3 to the Tenant Fees Act 2019 (financial penalties), in paragraph 12(1), after paragraph (c) insert—

“(ca) the activities of a superior landlord in relation to such a tenancy,”.

Commencement Information

I159 Sch. 4 para. 42 not in force at Royal Assent, see s. 145(1)(7)

Prospective

Section 102

Schedule 5 E+W Financial penalties

Notice of intent E+W

1 Before imposing a financial penalty on a person under section 40, 57, 66 or 91, a local housing authority must give the person notice of its proposal to do so (a “notice of intent”).

Commencement Information

I160 Sch. 5 para. 1 not in force at Royal Assent, see s. 145(1)(7)

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.

Commencement Information

I161 Sch. 5 para. 2 not in force at Royal Assent, see s. 145(1)(7)

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 penalty, and

(d) information about the right to make representations under paragraph 4.

Commencement Information

I162 Sch. 5 para. 3 not in force at Royal Assent, see s. 145(1)(7)

Right to make representations E+W

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

(2) Any representations must be made within the period of 28 days beginning with the day after the day on which the notice of intent was given to the person (“the period for representations”).

Commencement Information

I163 Sch. 5 para. 4 not in force at Royal Assent, see s. 145(1)(7)

Final notice E+W

5 After the end of the period for representations the enforcement authority must—

(a) decide whether to impose a financial penalty on the person, and

(b) if it decides to do so, decide the amount of the penalty.

Commencement Information

I164 Sch. 5 para. 5 not in force at Royal Assent, see s. 145(1)(7)

6 If the local housing authority decides to impose a financial penalty on the person, it must give a notice to the person (a “final notice”) imposing that penalty.

Commencement Information

I165 Sch. 5 para. 6 not in force at Royal Assent, see s. 145(1)(7)

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.

Commencement Information

I166 Sch. 5 para. 7 not in force at Royal Assent, see s. 145(1)(7)

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.

Commencement Information

I167 Sch. 5 para. 8 not in force at Royal Assent, see s. 145(1)(7)

Withdrawal or amendment of notice E+W

9 (1) A local housing authority may at any time—

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

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

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

Commencement Information

I168 Sch. 5 para. 9 not in force at Royal Assent, see s. 145(1)(7)

Appeals E+W

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 is given to the person.

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

(4) An appeal under this paragraph—

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

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

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

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

Commencement Information

I169 Sch. 5 para. 10 not in force at Royal Assent, see s. 145(1)(7)

Recovery of financial penalty E+W

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

(2) The local housing authority which imposed the financial penalty may recover the penalty or part 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 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.

Commencement Information

I170 Sch. 5 para. 11 not in force at Royal Assent, see s. 145(1)(7)

Proceeds of financial penalties E+W

12 Where a local housing authority imposes a financial penalty under section 40, 57, 66 or 91, 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.

Commencement Information

I171 Sch. 5 para. 12 not in force at Royal Assent, see s. 145(1)(7)

13 Any proceeds of a financial penalty imposed under section 40, 57, 66 or 91 which are not applied in accordance with paragraph 12 must be paid to the Secretary of State.

Commencement Information

I172 Sch. 5 para. 13 not in force at Royal Assent, see s. 145(1)(7)

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

I173 Sch. 5 para. 14 not in force at Royal Assent, see s. 145(1)(7)

Section 146(2)

Schedule 6 E+W+S Transitional provision

Part 1 E+W+S Application of Chapter 1 of Part 1 to existing tenancies

Tenancies which become periodic on the commencement date E+W+S

1 (1) This paragraph applies to an existing tenancy which becomes a periodic tenancy on the expiry of a fixed term.

(2) Where the fixed term expires immediately before the commencement date, the amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until immediately after the first periodic term has begun.

Commencement Information

I174 Sch. 6 para. 1 in force at Royal Assent, see s. 145(6)

Section 1: start of deemed rent period for existing tenancies E+W+S

2 In relation to an existing tenancy, section 4A of the 1988 Act (inserted by section 1) is to be read as if—

(a) in subsection (3), for the words before paragraph (a), there were substituted “Terms of an assured tenancy which provide for the rent periods are of no effect, so far as relating to rent periods beginning on or after the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025), unless each rent period beginning on or after that date is—”;

(b) in subsection (5), for paragraph (a) (and the “and” following it) there were substituted—

“(a) for successive rent periods of one month beginning—

(i) if the commencement date is a date on which a rent period would, but for subsection (3), have begun, with the commencement date, or

(ii) otherwise, with the day after the last day of the rent period within which the commencement date falls, and”;

(c) in subsection (6), for “R is the rent that would have been due for the first rent period of the tenancy under the terms that are of no effect by virtue of subsection (3)” there were substituted “R is the rent due for the rent period before the first rent period provided for by subsection (5)(a)”.

Commencement Information

I175 Sch. 6 para. 2 in force at Royal Assent, see s. 145(6)

Section 2: claim form for section 21 possession proceedings already requested E+W+S

3 (1) This paragraph applies where—

(a) before the commencement date—

(i) a valid notice under section 21 of the 1988 Act has been given, and

(ii) the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and

(b) immediately before the commencement date, possession proceedings have not begun or have not been concluded.

(2) The notice under section 21 remains valid until possession proceedings are concluded.

(3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

(4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—

• ““commencement date” means the date on which, by virtue of paragraph 3 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.

(5) In this paragraph “possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.

Commencement Information

I176 Sch. 6 para. 3 in force at Royal Assent, see s. 145(6)

Section 2: claim form for section 21 possession proceedings not already requested E+W+S

4 (1) This paragraph applies where, before the commencement date—

(a) a valid notice under section 21 of the 1988 Act has been given, and

(b) the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.

(2) Section 21 of the 1988 Act has effect as if the following were substituted for subsections (4D) and (4E)—

“(4D) Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun if the claimant in the proceedings requests the court to issue the claim for the proceedings after the end of the applicable period.

(4DA) For that purpose the “applicable period” is—

(a) the period of six months beginning with the date on which the notice was given under subsection (1) or (4), or

(b) the period of three months beginning with the commencement date, if this three month period ends before the six month period mentioned in paragraph (a).

(4E) Where—

(a) a notice under subsection (4) has been given in relation to a dwelling-house in England, and

(b) paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given,

proceedings for an order for possession under this section may not be begun if the claimant in the proceedings requests the court to issue the claim for the proceedings after the end of the applicable period.

(4EA) For that purpose the “applicable period” is—

(a) the period of four months beginning with the date specified in the notice, or

(b) the period of three months beginning with the commencement date, if this three month period ends before the four month period mentioned in paragraph (a).

(4EB) In subsections (4DA) and (4EA) “commencement date” has the meaning given by section 146 of the Renters’ Rights Act 2025.”

(3) The notice under section 21 remains valid—

(a) until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;

(b) until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.

(4) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (3) (and accordingly the tenancy remains an assured shorthold tenancy until then).

(5) In relation to a tenancy to which sub-paragraph (4) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—

• ““commencement date” means the date on which, by virtue of paragraph 4 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.

(6) In this paragraph—

• “applicable period”, in relation to possession proceedings, has the same meaning that it has in relation to those proceedings in section 21 of the 1988 Act as modified by sub-paragraph (2);

• “possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.

Commencement Information

I177 Sch. 6 para. 4 in force at Royal Assent, see s. 145(6)

Section 3(2)(g): saving of section 7(7) in relation to tenancies where fixed term ends before commencement date E+W+S

5 Section 7(7) of the 1988 Act continues to apply after the commencement date, despite section 3(2)(g), in relation to an existing tenancy that was a fixed term tenancy before the commencement date.

Commencement Information

I178 Sch. 6 para. 5 in force at Royal Assent, see s. 145(6)

Section 6: no effect on rent increases before commencement date E+W+S

6 The amendments made by section 6 do not affect the validity of any increase in rent under an existing tenancy, before the commencement date, in reliance on a provision—

(a) which was at the time binding on the tenant, and

(b) under which the rent for a particular period of the tenancy would or might be greater than the rent for an earlier period.

Commencement Information

I179 Sch. 6 para. 6 in force at Royal Assent, see s. 145(6)

Sections 12, 13 and 15: provision of information in writing E+W+S

7 (1) Where an existing tenancy is wholly or partly in writing—

(a) section 16D and 16E(1)(f) of the 1988 Act (inserted by sections 12 and 13) do not apply;

(b) section 16I(1) of that Act (inserted by section 15) is to be read as if for “contravened section 16D” there were substituted “contravened paragraph 7(2) of Schedule 6 to the Renters’ Rights Act 2025”.

(2) The landlord under any existing tenancy that is wholly or partly in writing—

(a) must give the tenant any information in writing about the changes made by this Act which is required to be given by regulations made by the Secretary of State; and

(b) must do so before the end of the period of one month beginning with the commencement date.

(3) Where a landlord referred to in sub-paragraph (2) has entered into a contract with a person which requires that person to ensure compliance with that sub-paragraph (whether or not it is referred to individually), sub-paragraph (2) also applies to that person, as it applies to the landlord.

(4) Regulations under sub-paragraph (2) may—

(a) provide for the information to be given in the form of a document produced by the Secretary of State;

(b) provide that the document to be given is the version that has effect at the time the requirement applies.

(5) Where an existing tenancy is wholly oral, section 16D(4) of the 1988 Act (inserted by section 12) is to be read as if, for “before the tenancy is entered into” there were substituted “before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.

(6) Regulations under sub-paragraph (2)—

(a) may make different provision for different purposes;

(b) are to be made by statutory instrument.

(7) A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I180 Sch. 6 para. 7 in force at Royal Assent, see s. 145(6)

Section 15: no liability in respect of conduct before commencement date E+W+S

8 Conduct engaged in, in relation to an existing tenancy, before the commencement date—

(a) does not give rise to liability to a financial penalty under section 16I or 16K of the 1988 Act (inserted by section 13), and

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

Commencement Information

I181 Sch. 6 para. 8 in force at Royal Assent, see s. 145(6)

Section 20: no effect on notice to quit given before commencement date E+W+S

9 The amendment made by section 20 does not affect the validity of any notice given under section 5 of the Protection from Eviction Act 1977 in relation to an existing tenancy before the commencement date.

Commencement Information

I182 Sch. 6 para. 9 in force at Royal Assent, see s. 145(6)

Section 24: existing opt-out notices for assured agricultural occupancies E+W+S

10 Where an existing tenancy would be an assured agricultural occupancy but for a notice served under paragraph 9(2) of Schedule 2A to the 1988 Act, the tenancy is to be treated for the purposes of Chapter 3 of Part 1 of the 1988 Act as amended by this Act, on and after the commencement date, as a tenancy in relation to which an opt-out notice has been served under section 24A of the 1988 Act (inserted by section 24 of this Act).

Commencement Information

I183 Sch. 6 para. 10 in force at Royal Assent, see s. 145(6)

Section 26: tenancy deposits E+W+S

11 The amendments made by section 26 do not apply in relation to an existing tenancy that, immediately before the commencement date, was an assured tenancy other than an assured shorthold tenancy.

Commencement Information

I184 Sch. 6 para. 11 in force at Royal Assent, see s. 145(6)

Section 27: tenant fees E+W+S

12 The amendments made by section 27 do not apply in relation to an existing tenancy that, immediately before the commencement date, was an assured tenancy other than an assured shorthold tenancy.

Commencement Information

I185 Sch. 6 para. 12 in force at Royal Assent, see s. 145(6)

Schedule 1: student accommodation ground E+W+S

13 (1) In relation to an existing tenancy, ground 4A in Schedule 2 to the 1988 Act has effect as if—

(a) in the first paragraph, the following were substituted for paragraphs (b) and (c)—

“(b) either or both of the following applies—

(i) the tenant met the student test when the tenancy was entered into;

(ii) the tenant meets the student test when the written statement referred to in paragraph (c) is given,

(c) the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025), a written statement of the landlord’s wish to be able to recover possession on the basis that—

(i) the condition in paragraph (b) is met, and

(ii) the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into,”;

(b) paragraph (d) were omitted;

(c) the following were substituted for the second and third paragraphs—

• “For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets, or met, the student test at a particular time if—

  (a)

  the tenant is, or was, a full-time student at that time, or

  (b)

  at that time, the landlord reasonably believes, or believed, that the tenant would become a full-time student during the tenancy.

  But, in a case where two or more persons are or would be, or were, the tenant, the tenant does not, or did not, meet the student test unless all of those persons meet, or met, that test.”

(2) In relation to an existing tenancy which is a qualifying student tenancy, ground 4A in Schedule 2 to the 1988 Act has effect—

(a) subject to the modifications in sub-paragraph (1) of this paragraph, and

(b) additionally as if, in the first paragraph of ground 4A, paragraphs (a) and (e) were omitted.

(3) For the purposes of this paragraph, an existing tenancy is a “qualifying student tenancy” if any of the following is a member of a specified housing management code of practice—

(a) the landlord;

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

(c) 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.

(4) In sub-paragraph (3)—

• “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);

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

  (a)

  the provision of services, or

  (b)

  the repair, maintenance, improvement or insurance of the building;

• “specified” means specified in regulations made by the Secretary of State.

Commencement Information

I186 Sch. 6 para. 13 in force at Royal Assent, see s. 145(6)

Schedule 1: stepping stone accommodation ground E+W+S

14 In relation to an existing tenancy, paragraph (b) in Ground 5H in Schedule 2 to the 1988 Act is to be read as if after “agreement” there were inserted “or a written statement given to the tenant before the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.

Commencement Information

I187 Sch. 6 para. 14 in force at Royal Assent, see s. 145(6)

Schedule 1: redevelopment ground E+W+S

15 In relation to an existing tenancy, paragraph (c) in case C where the “additional RSL condition” is met in Ground 6 in Schedule 2 to the 1988 Act is to be read as if for “before the tenancy was entered into” there were substituted “before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.

Commencement Information

I188 Sch. 6 para. 15 in force at Royal Assent, see s. 145(6)

Claim form for section 8 possession proceedings already requested E+W+S

16 (1) This paragraph applies where—

(a) before the commencement date—

(i) a valid notice under section 8 of the 1988 Act has been given, and

(ii) the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and

(b) immediately before the commencement date, possession proceedings have not begun or have not been concluded.

(2) The notice under section 8 remains valid until possession proceedings are concluded.

(3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

(4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—

• ““commencement date” means the date on which, by virtue of paragraph 16 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.

(5) In this paragraph “possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.

Commencement Information

I189 Sch. 6 para. 16 in force at Royal Assent, see s. 145(6)

Claim form for section 8 possession proceedings not already requested E+W+S

17 (1) This paragraph applies where, before the commencement date—

(a) a valid notice under section 8 of the 1988 Act has been given, and

(b) the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.

(2) The notice under section 8 remains valid—

(a) until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;

(b) until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.

(3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

(4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—

• ““commencement date” means the date on which, by virtue of paragraph 17 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.

(5) In this paragraph—

• “applicable period”, in relation to possession proceedings—

  (a)

  the period of twelve months included in the notice under section 8 of the 1988 Act in accordance with subsection (3)(c) of that section, or

  (b)

  the period of three months beginning with the commencement date, if this three month period ends before the twelve month period mentioned in paragraph (a);

• “possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.

Commencement Information

I190 Sch. 6 para. 17 in force at Royal Assent, see s. 145(6)

Interpretation E+W+S

18 In this Schedule “commencement date” and “existing tenancy” have the meanings given by section 146.

Commencement Information

I191 Sch. 6 para. 18 in force at Royal Assent, see s. 145(6)

Part 2 E+W+S Existing instruments which permit or require letting etc

Key definitions E+W+S

19 (1) “Residential premises” are premises that consist of or include one or more dwelling-houses in England.

(2) A lease of residential premises (whether or not in writing) is a “relevant pre-application instrument” if it was entered into—

(a) before the commencement date, or

(b) on or after that date under a contract entered into before that date.

(3) A mortgage arrangement which relates to residential premises is a “relevant pre-application instrument” if it was entered into—

(a) before the commencement date, or

(b) on or after that date by the acceptance of an offer made before that date.

(4) A contract of insurance which relates to residential premises is a “relevant pre-application instrument” if it was entered into—

(a) before the commencement date, or

(b) on or after that date by the acceptance of an offer made before that date.

(5) A section 106 obligation is a “relevant pre-application instrument” if it was entered into before the commencement date.

(6) In relation to a relevant pre-application instrument, “affected dwelling-house” means—

(a) if the relevant pre-application instrument is a lease, the dwelling-house, or each dwelling-house, let by the lease;

(b) if the relevant pre-application instrument is a mortgage arrangement, the dwelling-house, or each dwelling-house, to which the mortgage arrangement relates;

(c) if the relevant pre-application instrument is a contract of insurance, the dwelling-house, or each dwelling-house, to which the contract of insurance relates;

(d) if the relevant pre-application instrument is a section 106 obligation, the dwelling-house, or each dwelling-house, to which the section 106 obligation relates.

(7) In relation to times before the commencement date, an assured tenancy is a “relevant” assured tenancy if—

(a) it is not an assured shorthold tenancy,

(b) it is a periodic tenancy, and

(c) each period of the tenancy is—

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

(ii) a monthly period,

including where there are different periods at different times, each of which falls within sub-paragraph (i) or (ii).

(8) In relation to times on or after the commencement date, an assured tenancy is a “relevant” assured tenancy if—

(a) it is a periodic tenancy, and

(b) each period of the tenancy is—

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

(ii) a monthly period,

including where there are different periods at different times, each of which falls within sub-paragraph (i) or (ii).

Commencement Information

I192 Sch. 6 para. 19 in force at Royal Assent, see s. 145(6)

Saving for existing powers to vary E+W+S

20 Nothing in this Part of this Schedule prevents a relevant pre-application instrument from being varied or modified by the parties to it (and accordingly paragraphs 21 to 26 and paragraph 28 are subject to any such variation or modification).

Commencement Information

I193 Sch. 6 para. 20 in force at Royal Assent, see s. 145(6)

Relevant pre-application instruments that permit letting on tenancies that are no longer possible E+W+S

21 (1) This paragraph applies to a relevant pre-application instrument if either or both of conditions A and B are met in relation to the affected dwelling-house.

(2) Condition A: immediately before the commencement date, the relevant pre-application instrument—

(a) permitted the affected dwelling-house to be let under an assured shorthold tenancy, but

(b) did not permit the affected dwelling-house to be let under a relevant assured tenancy.

(3) Condition B: immediately before the commencement date, the relevant pre-application instrument—

(a) permitted the affected dwelling-house to be let under an assured tenancy (other than an assured shorthold tenancy), but

(b) did not permit the affected dwelling-house to be let under a relevant assured tenancy.

(4) The relevant pre-application instrument has effect on and after the commencement date as if it permits the affected dwelling-house to be let under a relevant assured tenancy.

(5) That power to let under a relevant assured tenancy is exercisable in the same circumstances, and on the same terms, as the pre-commencement power to let was exercisable immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

(6) In this paragraph “pre-commencement power to let” means—

(a) if only condition A is met, the power to let mentioned in sub-paragraph (2)(a);

(b) if only condition B is met, the power to let mentioned in sub-paragraph (3)(a);

(c) if conditions A and B are both met, the power to let mentioned in sub-paragraph (3)(a).

Commencement Information

I194 Sch. 6 para. 21 in force at Royal Assent, see s. 145(6)

Relevant pre-application instruments that permit letting on tenancies that continue to be possible E+W+S

22 (1) This paragraph applies to a relevant pre-application instrument if, immediately before the commencement date, the relevant pre-application instrument permitted the affected dwelling-house to be let under a relevant assured tenancy.

(2) That power to let under a relevant assured tenancy continues to be exercisable in the same circumstances, and on the same terms, as it was exercisable immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Commencement Information

I195 Sch. 6 para. 22 in force at Royal Assent, see s. 145(6)

Relevant pre-application instruments that require letting on tenancies that are no longer possible E+W+S

23 (1) This paragraph applies to a relevant pre-application instrument if either or both of conditions A and B are met.

(2) Condition A: immediately before the commencement date—

(a) the relevant pre-application instrument required the affected dwelling-house to be let, and

(b) that requirement—

(i) would have been complied with by letting the affected dwelling-house under an assured shorthold tenancy, but

(ii) would not have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

(3) Condition B: immediately before the commencement date—

(a) the relevant pre-application instrument required the affected dwelling-house to be let, and

(b) that requirement—

(i) would have been complied with by letting the affected dwelling-house under an assured tenancy (other than an assured shorthold tenancy), but

(ii) would not have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

(4) The relevant pre-application instrument has effect on and after the commencement date as if it requires the affected dwelling-house to be let under a relevant assured tenancy.

(5) That requirement to let under a relevant assured tenancy must be complied with in the same circumstances, and on the same terms, as the pre-commencement requirement had to be complied with immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

(6) In this paragraph “pre-commencement requirement” means—

(a) if only condition A is met, the requirement to let mentioned in sub-paragraph (2)(b)(i);

(b) if only condition B is met, the requirement to let mentioned in sub-paragraph (3)(b)(i);

(c) if conditions A and B are both met, the requirement to let mentioned in sub-paragraph (3)(b)(i).

Commencement Information

I196 Sch. 6 para. 23 in force at Royal Assent, see s. 145(6)

Relevant pre-application instruments that require letting on tenancies that continue to be possible E+W+S

24 (1) This paragraph applies to a relevant pre-application instrument if, immediately before the commencement date—

(a) the relevant pre-application instrument required the affected dwelling-house to be let, and

(b) that requirement would have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

(2) That requirement to let under a relevant assured tenancy must still be complied with in the same circumstances, and on the same terms, as it had to be complied with immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Commencement Information

I197 Sch. 6 para. 24 in force at Royal Assent, see s. 145(6)

Pre-commencement s.106 obligations with provision relating to letting on terms that are no longer possible E+W+S

25 (1) This paragraph applies to a pre-application section 106 obligation if, immediately before the commencement date, it prevented or restricted the taking of particular action unless or until the affected dwelling-house was let under a superseded tenancy.

(2) On and after the commencement date, the pre-application section 106 obligation has effect as if it prevents or restricts the taking of the particular action unless or until the affected dwelling-house is let under a relevant assured tenancy.

(3) Any such letting under a relevant assured tenancy is to be made in the same circumstances, and on the same terms, as a letting under a superseded tenancy immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Commencement Information

I198 Sch. 6 para. 25 in force at Royal Assent, see s. 145(6)

Pre-commencement s.106 obligations with provision relating to letting on terms that continue to be possible E+W+S

26 (1) This paragraph applies to a pre-application section 106 obligation if, immediately before the commencement date—

(a) provision of the pre-application section 106 obligation prevented or restricted the taking of particular action unless or until the affected dwelling-house was let, and

(b) that provision would have ceased to prevent or restrict that action if the affected dwelling-house was let under a relevant assured tenancy.

(2) Such a letting under a relevant assured tenancy must still be made in the same circumstances, and on the same terms, as a letting under a relevant assured tenancy immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Commencement Information

I199 Sch. 6 para. 26 in force at Royal Assent, see s. 145(6)

Requirements under the Community Infrastructure Regulations 2010 E+W+S

27 (1) This paragraph applies where—

(a) a planning permission is granted before the commencement date on a relevant determination,

(b) the planning permission was granted on the basis of a pre-application section 106 obligation, and

(c) at the time the planning permission was granted, the pre-application section 106 obligation met the requirements under regulation 122(2) of the Community Infrastructure Regulations 2010.

(2) On and after the commencement date any effect of this Part is to be disregarded when considering whether the pre-application section 106 obligation continues to meet those requirements.

(3) In this paragraph “relevant determination” has the meaning given by regulation 122(3) of the Community Infrastructure Regulations 2010.

Commencement Information

I200 Sch. 6 para. 27 in force at Royal Assent, see s. 145(6)

Leases which cannot be returned at end of term free of sub-lease E+W+S

28 (1) This paragraph applies to a lease if—

(a) the lease was entered into before the commencement date or under a contract entered into before that date,

(b) the lease is—

(i) periodic, or

(ii) a fixed term lease of a term certain not exceeding 21 years,

(c) the lease is modified by paragraph 21 or 23,

(d) a dwelling-house is sub-let under the lease on a tenancy (entered into before or after the commencement date) which is (or becomes on or after that date, by virtue of this Act or otherwise) a relevant assured tenancy, and

(e) the tenancy was entered into in accordance with the terms of the lease as they stood when the tenancy was entered into (or, if it was not, the breach has been waived by the landlord).

(2) The lease has effect as if it provided that a failure by the lessee at the end of the lease to return the premises to the landlord free from the relevant assured tenancy does not constitute a breach of the lease.

Commencement Information

I201 Sch. 6 para. 28 in force at Royal Assent, see s. 145(6)

Application to agreements etc relating to leases, mortgage arrangements or contracts of insurance E+W+S

29 In this Part of this Schedule references to a lease, mortgage arrangement or contract of insurance, and references to the terms of a lease, mortgage arrangement or contract of insurance, include references to—

(a) the terms of any agreement relating to the lease, mortgage arrangement, or contract of insurance, and

(b) any document or communication from a party to the lease, mortgage arrangement, or contract of insurance, which gives or refuses consent for letting in relation to a category or description of tenancy.

Commencement Information

I202 Sch. 6 para. 29 in force at Royal Assent, see s. 145(6)

Application to sub-letting E+W+S

30 (1) In a case where the relevant pre-application instrument is a lease, a reference in this Part of this Schedule to a letting of the affected dwelling-house is a reference to a sub-letting of those premises under that lease or any inferior lease.

(2) In the case of any other relevant pre-application instrument, a reference in this Part of this Schedule to a letting of the affected dwelling-house includes a reference to a sub-letting of those premises under any lease or inferior lease of those premises.

Commencement Information

I203 Sch. 6 para. 30 in force at Royal Assent, see s. 145(6)

Application in certain circumstances E+W+S

31 (1) In a case where a relevant pre-application instrument—

(a) gave, or gives, a discretion whether to let an affected dwelling-house, but

(b) required, or requires, the affected dwelling-house to be let under a tenancy of a particular description if it is let,

the instrument is to be regarded as permitting (and not as requiring) the dwelling-house to be let under that description of tenancy (and this Part of this Schedule applies accordingly).

(2) The following provisions of this paragraph apply if there are two or more affected dwelling-houses in relation to the relevant pre-application instrument.

(3) This Part of this Schedule applies separately in relation to each of those dwelling-houses.

(4) But, if any term of the instrument is such that it gave, or gives, a discretion as to which particular dwelling-house or dwelling-houses the term applies to, this Schedule does not affect that discretion (but the term otherwise has effect subject to this Part of this Schedule).

Commencement Information

I204 Sch. 6 para. 31 in force at Royal Assent, see s. 145(6)

Power to disapply or modify this Part E+W+S

32 (1) The Secretary of State may by regulations disapply or modify the effect of this Part of this Schedule in relation to relevant pre-application instruments of a specified description.

(2) Where the Secretary of State makes regulations under this paragraph disapplying the effect of this Part, the fact that this Schedule has previously applied in relation to a relevant pre-application instrument does not prevent the exercise of the powers in section 148(7)(b) in relation to the relevant pre-application instrument.

Commencement Information

I205 Sch. 6 para. 32 in force at Royal Assent, see s. 145(6)

Meaning of “permitting” letting E+W+S

33 A relevant pre-application instrument permitted, or permits, the affected dwelling-house to be let under a tenancy of a particular description if letting the affected dwelling-house under a tenancy of that description would not have breached the terms of the relevant pre-application instrument.

Commencement Information

I206 Sch. 6 para. 33 in force at Royal Assent, see s. 145(6)

Interpretation E+W+S

34 In this Part of this Schedule—

• “affected dwelling-house” has the meaning given in paragraph 19(6);

• “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;

• “assured tenancy”, in relation to a time before the commencement date, is to be read in accordance with Part 1 of the 1988 Act as it had effect at that time;

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

• “contract of insurance” has the meaning given by article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;

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

• “mortgage arrangement which relates to residential premises” or “mortgage arrangement” means an arrangement under which—

  (a)

  credit is or continues to be provided to a person, and

  (b)

  the obligation of the person to repay is secured by a legal or equitable mortgage or other charge on the residential premises;

• “pre-application section 106 obligation” means a section 106 obligation that was entered into before the commencement date;

• “relevant assured tenancy” has the meaning given in paragraph 19(7) and (8);

• “relevant pre-application instrument” has the meaning given in paragraph 19(2) to (5);

• “residential premises” has the meaning given in paragraph 19(1);

• “section 106 obligation” means a planning obligation under section 106 of the Town and Country Planning Act 1990;

• “superseded tenancy” means—

  (a)

  an assured shorthold tenancy, and

  (b)

  an assured tenancy (other than an assured shorthold tenancy) that is not a relevant assured tenancy.

Commencement Information

I207 Sch. 6 para. 34 in force at Royal Assent, see s. 145(6)