Renters’ Rights Act 2025

Prospective

61 Remedying of hazards occurring in accommodation in England occupied under licence E+W

(1) After section 10B of the Landlord and Tenant Act 1985 insert—

“10C Remedying of hazards occurring in accommodation in England occupied under licence

(1) The Secretary of State may make—

(a) regulations which specify a description of licences to occupy residential premises; and

(b) regulations which require the licensor under a regulated licence to take action, in relation to prescribed hazards which affect or may affect the licensed accommodation, within the period or periods specified in the regulations.

(2) There is implied in a regulated licence a term that the licensor will comply with all prescribed requirements that are applicable to that licence.

(3) Regulations under subsection (1)(b) are enforceable against licensors only through actions for breach of the term that is implied by subsection (2).

(4) In any proceedings for a breach of the term that is implied by subsection (2), it is a defence for the licensor to prove that they used all reasonable endeavours to avoid that breach.

(5) In this section and section 10D —

• “prescribed hazard” has the same meaning as in section 10 (see section 10(2) and (3));

• “prescribed requirement” means a requirement prescribed in regulations under subsection (1)(b);

• “regulated licence” means a licence to occupy that is of a description specified in regulations under subsection (1)(a);

• “residential premises” has the same meaning as in section 1(4) of the Housing Act 2004 (but disregarding paragraph (e)(ii) of that subsection).

10D Regulations under section 10C: supplementary provision

(1) Regulations under section 10C(1)(a) may (in particular) specify a description of licences to occupy by reference to any of the following—

(a) the nature of the licensor;

(b) the nature of the licensee;

(c) the nature of the accommodation occupied;

(d) the purpose of the occupation of the accommodation;

(e) the legal nature of the licence.

(2) Regulations under section 10C(1)(b) may apply to—

(a) licences granted before the day when section 10C came into force;

(b) prescribed hazards which began before that day;

(c) only some descriptions of prescribed hazards.

(3) Regulations under section 10C(1)(b) may—

(a) specify a period that is not of a specific duration (for example a reasonable or appropriate period, including a period decided by the licensor, or another person);

(b) specify two (or more) periods in relation to particular action.

(4) Regulations under section 10C(1)(b) may (in particular)—

(a) require the licensor to take particular action, or action that is intended to produce a particular outcome, in relation to a prescribed hazard;

(b) require the licensor to take action in relation to a prescribed hazard that is not of itself intended to remedy the hazard, for example by requiring the licensor—

(i) to investigate whether or how a prescribed hazard is affecting the licensed accommodation, or

(ii) to secure that the licensee and any other members of their household are provided with alternative accommodation at no cost to them;

(c) require the licensor to take action in relation to a prescribed hazard only—

(i) in particular circumstances, or

(ii) if particular conditions are met;

(d) provide that the licensor is not required to take action in relation to a prescribed hazard—

(i) in particular circumstances, or

(ii) if particular conditions are met.

(5) The Secretary of State may by regulations make provision, in relation to a term that is implied by section 10C(2), which corresponds to any provision made in relation to an implied covenant by section 9A(4) to (8).

(6) A power to make regulations under section 10C or this section includes power to make—

(a) incidental, transitional or saving provision;

(b) different provision for different purposes.

(7) Regulations under section 10C or this section are to be made by statutory instrument.

(8) A statutory instrument containing regulations under section 10C or this section may not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.”

(2) Until section 100(3) (decent homes standard) comes into force, the definition of “residential premises” in section 1(4) of the Housing Act 2004 has effect for the purposes of section 10C and 10D of the Landlord and Tenant Act 1985 as if it were amended in accordance with section 100(3).

Commencement Information

I1 S. 61 not in force at Royal Assent, see s. 145(1)(7)