A bill to Make provision changing the law about rented homes, including provision abolishing fixed term assured tenancies and assured shorthold tenancies; imposing obligations on landlords and others in relation to rented homes and temporary and supported accommodation; and for connected purposes.
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1 — Tenancy reform¶
Chapter 1 — Assured tenancies¶
End of certain kinds of assured tenancy¶
1 Assured tenancies to be periodic with rent period not exceeding a month¶
In the 1988 Act, before section 5 insert—4A Assured tenancies to be periodic with rent period not exceeding a month
(1) Terms of an assured tenancy are of no effect so far as they provide for a tenancy to be a fixed term tenancy. (2) Where terms of an assured tenancy are of no effect by virtue of subsection (1), the tenancy has effect as a periodic tenancy under which the periods of the tenancy are the same as those for which rent is payable. (3) Terms of an assured tenancy which provide for the periods for which rent is payable (“rent periods”) are of no effect if they— (a) provide for any rent period to exceed 28 days, and (b) do so otherwise than by providing for monthly rent periods. (4) Where terms about rent periods are of no effect by virtue of subsection (3), the tenancy has effect as if it provided— (a) for successive rent periods of one month beginning with the first day of the tenancy, and (b) for the rent for each such rent period— (i) to be the amount calculated in accordance with the formula in subsection (5), and (ii) to be due on the first day of the period. (5) The formula is—
R D × 30 . 42where—
R is the rent that would have been due for the first rent period of the tenancy under the terms that are of no effect by virtue of subsection (3); D is the number of whole days in that period. (6) Except as provided by subsections (1) and (3), nothing in this section limits any right of the landlord and the tenant to vary a term of a tenancy by agreement. (7) For the purposes of this section, terms of an assured tenancy provide for “monthly” rent periods if they provide for rent to be payable for successive periods of one month, disregarding any provision for the first period to be a different period not exceeding 30 days.
2 Abolition of assured shorthold tenancies¶
In the 1988 Act—Changes to grounds for possession¶
3 Changes to grounds for possession¶
;(5B) If the only grounds for possession which the court is satisfied are established are either or both of Grounds 7A and 14 in Schedule 2, the court may not make an order for possession to take effect within the period of 14 days beginning with the date of service of the notice under section 8.
;(4AA) If a notice under this section does not specify Ground 7A or 14 in Schedule 2, the date specified in the notice as mentioned in subsection (3)(b) must not be before the end of the longest period shown in the following table for any ground specified in the notice.
Ground specified in notice
Period
1, 1A, 1B, 2, 2ZA, 2ZB, 5, 5A, 5B, 5C, 5D, 6, 6A, 7, 9
two months beginning with the date of service of the notice
5E, 5F, 5G, 8, 8A, 10, 11, 18four weeks beginning with the date of the service of the notice
4, 7B, 12, 13, 14ZA, 14A, 15, 17
two weeks beginning with the date of the service of the notice
;(5A) A notice given by an intermediate landlord under Ground 2ZA is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZB.
4 Form of notice of proceedings for possession¶
In section 8 of the 1988 Act, after subsection (6) insert—(7) Regulations made under section 45(1) by virtue of subsection (3) may— (a) provide for the form to be published by the Secretary of State; (b) provide that the form to be used is the version that has effect at the time the requirement applies.
Rent and other terms¶
5 Statutory procedure for increases of rent¶
(1) This section applies to any assured tenancy other than a relevant low-cost tenancy.
(4A) The rent for a period of an assured tenancy to which this section applies may not be greater than the rent for the previous period except by virtue of— (a) a notice under this section or an agreement under subsection (4)(b) following such a notice, (b) a determination under section 14, or (c) an agreement in writing between the landlord and the tenant varying the rent, following a determination by the appropriate tribunal under section 14, where the agreed rent is lower than the rent that would be payable under section 14ZA or 14ZB as a result of the determination; and any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides that the rent for a particular period of the tenancy must or may be greater than the rent for the previous period otherwise than by virtue of a notice, determination or agreement mentioned in this subsection.(4B) Except as provided by subsection (4A), nothing in this section (or in sections 14 to 14ZB) affects the right of the landlord and the tenant under an assured tenancy to which this section applies to vary by agreement any term of the tenancy. (4C) In this section “relevant low-cost tenancy” means— (a) an assured tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, where the landlord is a private registered provider of social housing, and (b) any other assured tenancy of a description specified in regulations made by the Secretary of State. (4D) Regulations under subsection (4C)(b) are to be made by statutory instrument. (4E) A statutory instrument containing regulations under subsection (4C)(b) is subject to annulment in pursuance of a resolution of either House of Parliament.
13A Increases of rent under relevant low-cost tenancies
(1) This section applies to a relevant low cost tenancy within the meaning given by section 13(4C). (2) For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than— (a) one month after the date of the service of the notice, and (b) in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began, and (c) if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14, either— (i) in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect, or (ii) in any other case, the appropriate date. (3) The appropriate date is— (a) in a case to which subsection (4) applies, the date that falls 53 weeks after the date on which the increased rent took effect; (b) in any other case, the date that falls 52 weeks after the date on which the increased rent took effect. (4) This subsection applies where— (a) the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies)(Rent Increases) Order 2003, and (b) the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect. (5) Where a notice is served under subsection (2), a new rent specified in the notice takes effect as mentioned in the notice unless, before the beginning of the new period specified in the notice— (a) the tenant applies to the tribunal under section 14(A3), or (b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied. (6) Nothing in this section (or in section 14) affects the right of the landlord and the tenant under a relevant low-cost tenancy within the meaning given by section 13(4C) to vary by agreement any term of the tenancy (including a term relating to rent).
6 Challenging amount or increase of rent¶
(A1) A tenant under an assured tenancy other than a relevant low-cost tenancy may make an application to the appropriate tribunal in the prescribed form for the purpose of challenging the rent payable under the tenancy. (A2) No application may be made under subsection (A1) if— (a) the rent payable under the tenancy is pursuant to a previous determination under this section, or (b) more than six months have elapsed since the beginning of the tenancy. (A3) A tenant under any assured tenancy may make an application to the appropriate tribunal in the prescribed form for the purpose of challenging a new rent proposed in a notice under section 13(2) or 13A(2).
;(a) which has the same periods as those of the tenancy to which the application relates; (b) which begins— (i) in the case of an application under subsection (A1), on the date of the application; (ii) in the case of an application under subsection (A3), at the beginning of the new period specified in the notice; and
14ZA Effect of determination: rent payable
(1) This section applies where the appropriate tribunal makes a determination on an application under section 14(A1) in relation to a tenancy. (2) The rent payable under the tenancy as a result of the determination is— (a) the amount of rent determined by the appropriate tribunal on the application, in accordance with section 14(1), and (b) the appropriate amount (if any) in respect of rates. (3) The rent payable under the tenancy as a result of the determination takes effect from the date that the appropriate tribunal directs. (4) The date must not be earlier than the date of the application. (5) In this section “the appropriate amount in respect of rates” means the amount of rent attributable to any rates borne as mentioned in section 14(5). 14ZB Effect of determination: proposed new rent
(1) This section applies where the appropriate tribunal makes a determination on an application under section 14(A3) in relation to a tenancy. (2) The rent payable under the tenancy as a result of the determination is— (a) the amount of rent determined by the appropriate tribunal on the application, in accordance with section 14(1), and (b) the appropriate amount (if any) in respect of rates. (3) The rent payable under the tenancy as a result of the determination takes effect from— (a) the beginning of the new period specified in the notice under section 13(2), or (b) if it appears to the tribunal that that would cause undue hardship to the tenant, a date that the appropriate tribunal directs. (4) A date specified under subsection (3)(b) must not be later than the date of the determination. (5) In this section, “the appropriate amount in respect of rates” has the meaning given by section 14ZA(5).
7 Right to request permission to keep a pet¶
16A Requesting consent to keep a pet
(1) It is an implied term of every assured tenancy to which this section applies that— (a) a tenant may keep a pet at the dwelling-house if the tenant asks to do so in accordance with this section and the landlord consents; (b) such consent is not to be unreasonably refused by the landlord; (c) the landlord is to give or refuse consent in writing on or before the 42nd day after the date of the request, except as provided by subsections (2) to (5). (2) Where the landlord reasonably requests further information from the tenant about the pet on or before the 42nd day after the date of the tenant's request— (a) if the tenant provides that information, the landlord may delay giving or refusing consent until the 7th day after the date on which the tenant provides any further information that the landlord requests; (b) if the tenant does not provide that information, the landlord is not required to give or refuse consent. (3) Where— (a) the keeping of the pet at the dwelling-house would require the landlord to obtain the consent of a superior landlord under the terms of a superior tenancy, and (b) the landlord seeks the consent of the superior landlord on or before the 42nd day after the date of the tenant’s request, the landlord may delay giving or refusing consent until the 7th day after the date on which the landlord receives consent or refusal from the superior landlord.(4) Where the landlord and the tenant agree that the landlord may delay giving or refusing consent, the landlord may delay until whatever date is agreed between the landlord and the tenant. (5) Where more than one of subsections (2) to (4) apply, the landlord may delay until the latest date to which the landlord may delay giving or refusing consent under any of the subsections. (6) This section applies to every assured tenancy other than a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008. 16B Requests for consent to keep a pet: further provision
(1) For the purposes of section 16A, a tenant keeps a pet at a dwelling-house if the tenant permits the pet to live at the dwelling-house (whether or not the tenant is the owner of the pet). (2) Section 16A does not limit the terms that may be agreed in relation to the presence at the dwelling-house of pets which do not live there. (3) The tenant’s request under section 16A must— (a) be in writing; (b) include a description of the pet for which consent is sought. (4) The circumstances in which it is reasonable for a landlord to refuse consent include those in which— (a) the pet being kept at the dwelling-house would cause the landlord to be in breach of an agreement with a superior landlord; (b) an agreement between the landlord and a superior landlord prohibits the keeping of a pet at the dwelling-house without consent of the superior landlord, and the landlord has taken reasonable steps to obtain that consent but the superior landlord has not given it. (5) In proceedings in which a tenant alleges that the landlord has breached the implied term created by section 16A, the court may order specific performance of the obligation. 16C Indemnity and insurance for pets
(1) It is an implied term of every assured tenancy to which section 16A applies that if, at the time of consenting to the tenant keeping a pet, the landlord informs the tenant in writing that one of the following is a condition of the consent— (a) that, in respect of the time the pet is at the dwelling-house, the tenant maintain insurance that covers the risk of pet damage to a level that is reasonable having regard to the pet and the dwelling-house in question, or (b) that the tenant pay the landlord’s reasonable costs of maintaining insurance that covers the risk of pet damage in respect of the time the pet is at the dwelling-house to a level that is reasonable having regard to the pet and the dwelling-house in question, then the tenant must comply with that condition.(2) The reasonable costs referred to in subsection (1)(b)— (a) may be the amount of— (i) the premium for an insurance policy that covers only pet damage, or (ii) an additional premium attributable to the pet damage element of an insurance policy that covers other risks as well; (b) if the premium under the insurance policy relates to a fixed period and it was reasonable for the landlord to choose that policy, may include any such premium payable by the landlord in respect of a time when the pet has not yet arrived at the dwelling-house or is no longer at the dwelling-house; (c) may include any such premium payable by the landlord in respect of a time when the pet is no longer at the dwelling-house, if the tenant had not informed the landlord that the pet is no longer at the dwelling-house; (d) may include any excess payable by the landlord under the insurance policy.
pet means an animal kept by a person mainly for— (a) personal interest, (b) companionship, (c) ornamental purposes, or (d) any combination of paragraphs (a) to (c); pet damage, in relation to an assured tenancy of a dwelling-house, means any damage that the tenant’s pet causes to— (a) the dwelling-house or any of the common parts, where “common parts” has the same meaning as in Ground 13 in Part 2 of Schedule 2, or (b) any of the landlord’s property that is in those places;
8 Pet insurance¶
(c) if the tenant is keeping a pet in the housing, insurance that the landlord requires under an implied term of an assured tenancy under section 16C(1) of the Housing Act 1988 (insurance where landlord consents to keeping of a pet).
Duties of landlords etc¶
9 Duty to give statement of terms and other information¶
In the 1988 Act, after section 16C (inserted by section 7 of this Act) insert—Duties of landlords etc
16D Duty to give statement of terms and other information
(1) This section applies to an assured tenancy other than a tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) under which the landlord is a private registered provider of social housing. (2) The landlord under a tenancy to which this section applies must give the tenant a written statement of— (a) such terms of the tenancy as are specified in regulations made by the Secretary of State, whether in the form of an agreement in writing between the landlord and tenant or a record of terms otherwise agreed, (b) where the landlord may wish to recover possession on any of Grounds 1B, 2ZA, 2ZB, 4, 5 to 5G or 18 in Schedule 2, the landlord’s wish to be able to recover possession on that ground, and (c) any other information in writing about any of the following which is required to be given by regulations made by the Secretary of State— (i) the tenancy; (ii) the dwelling-house let on the tenancy; (iii) the tenant; (iv) the landlord; (v) the rights of the landlord or the tenant in relation to the tenancy or the dwelling-house let on it. (3) The statement under subsection (2) must be given before the beginning of the tenancy. (4) Regulations under this section are to be made by statutory instrument. (5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
10 Other duties of landlords and former landlords¶
In the 1988 Act, after section 16D (inserted by section 9 of this Act) insert—16E Other duties of landlords and former landlords
(1) This section applies to an assured tenancy other than a tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) under which the landlord is a private registered provider of social housing. (2) A landlord of a dwelling-house let on an assured tenancy to which this section applies must not— (a) purport to let the dwelling-house on that tenancy for a fixed term (see section 4A), (b) purport to bring the tenancy to an end by service of a notice to quit (see section 5(1)), (c) serve on the tenant a document which purports to be a notice under section 8 but is not in the form prescribed under section 45(1) for the purposes of that provision, (d) serve on the tenant a notice under section 8, or another document purporting to bring the tenancy to an end (a “purported notice under section 8”), which specifies any ground in Schedule 2 which the landlord is not entitled to rely on, (e) serve on the tenant a notice under section 8, or a purported notice under section 8, which specifies any of Grounds 1B, 2ZA, 2ZB, 4, 5 to 5G or 18 in Schedule 2 even though no statement was given to the tenant under section 16D(2) in respect of that ground, or (f) serve on the tenant a notice under section 8, or a purported notice under section 8, which— (i) specifies one or more of Grounds 1, 1A and 6 in Schedule 2, and (ii) specifies a date earlier than 6 months after the beginning of the tenancy as the earliest date on which proceedings for possession of the dwelling-house would begin. (3) A person who obtains possession of a dwelling-house let on a tenancy to which this section applies as a result of service of a notice under section 8 which specifies Ground 1 or 1A in Schedule 2 must not, before the end of the period of three months beginning with the date specified in the notice under section 8(3)(b)— (a) let the dwelling-house on a tenancy, or (b) market the dwelling-house to let on a tenancy. (4) A person who obtains possession of a dwelling-house let on a tenancy to which this section applies as a result of service of a notice under section 8 which specifies Ground 1 or 1A in Schedule 2 must not authorise a letting agent to market the dwelling house, before the end of the period of three months beginning with the date specified in the notice under section 8(3)(b), to let on a tenancy. (5) For the purposes of subsections (3) and (4) a person obtains possession of a dwelling-house as a result of service of a notice under section 8 if— (a) when notice was served on the tenant of the dwelling-house under that section, the person was the tenant’s landlord under the tenancy to which the notice related, and (b) as a result of the notice the tenant surrenders the tenancy, without an order for possession of the dwelling-house being made. (6) For the purposes of subsections (3) and (4) a person markets a dwelling-house to let on a tenancy when— (a) the person advertises that the dwelling-house is or may be available to let on a tenancy, or (b) in the course of lettings agency work, the person informs any other person that the dwelling-house is or may be so available. (7) But subsection (6)(a) does not apply in relation to a person who publishes an advertisement in the course of a business that does not involve lettings agency work if the advertisement has been provided by another person. (8) For the purposes of this section, “lettings agency work” means things done by a person in the course of a business in response to instructions received from— (a) a person (“a prospective landlord”) seeking to find another person to whom to let a dwelling-house, or (b) a person (“a prospective tenant”) seeking to find a dwelling-house to let. (9) However, “lettings agency work” does not include any of the following things when done by a person who does nothing else within subsection (8)— (a) publishing advertisements or disseminating information; (b) providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or prospective landlord; (c) providing a means by which a prospective landlord and a prospective tenant can communicate directly with each other. (10) “Lettings agency work” also does not include things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State by statutory instrument. (11) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Landlords etc: financial penalties and offences¶
11 Landlords etc: financial penalties and offences¶
In the 1988 Act, after section 16E (inserted by section 10 of this Act) insert—Landlords etc: financial penalties and offences
16F Financial penalties
(1) A local housing authority may impose a financial penalty on a person who is or was a landlord of a dwelling-house let on an assured tenancy if satisfied beyond reasonable doubt— (a) that the person contravened section 16D or any paragraph of section 16E(2) other than paragraph (d), or (b) that— (i) the person contravened paragraph (d) of section 16E(2), and (ii) the tenant surrendered the tenancy as a result, without an order for possession of the dwelling-house being made. (2) More than one penalty may be imposed in relation to a contravention of section 16D only if— (a) the contravention continues after the end of 28 days beginning with the day after that on which the previous penalty for the contravention was imposed, unless the person appeals against the decision to impose the penalty within that period, or (b) if the person appeals against that decision within that period, the contravention continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned. (3) Subsection (2) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal. (4) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £5,000. (5) No financial penalty may be imposed under this section in respect of any conduct if— (a) the person has been convicted of an offence under section 16G in respect of the conduct, (b) criminal proceedings under that section have been instituted against the person in respect of the conduct and the proceedings have not been concluded, (c) criminal proceedings under that section in respect of the conduct have been concluded and the person has not been convicted of the offence, or (d) a financial penalty has been imposed under section 16H in respect of that conduct. (6) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section. (7) Local housing authorities must have regard to any guidance issued under subsection (6). (8) For the purposes of this section and section 16G— (a) a financial penalty is imposed under this section or section 16H on the date specified in the final notice as the date on which the notice is given, and (b) “final notice” has the meaning given by paragraph 6 of Schedule 2ZA. 16G Offences
(1) A person who is a landlord of a dwelling-house let on an assured tenancy is guilty of an offence if— (a) the person serves on the tenant a notice under section 8, or a purported notice under section 8 (within the meaning given by section 16E(2)(d))— (i) specifying a ground in Schedule 2 knowing that they are not entitled to rely on that ground, or being reckless as to whether they are entitled to rely on it, or (ii) specifying one or more of Grounds 1, 1A and 6 in Schedule 2 and specifying that the proceedings will not begin earlier than a date specified in the notice, knowing or being reckless as to the fact that the date is earlier than 6 months after the beginning of the tenancy, and (b) the tenant surrenders the tenancy as a result, without an order for possession of the dwelling-house being made. (2) A person is guilty of an offence if the person contravenes section 16E(3) or (4). (3) A person is guilty of an offence if— (a) a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and (b) the conduct in respect of which the penalty was imposed continues after the end of the period of 28 days beginning with— (i) the day after that on which the penalty was imposed on the person, or (ii) if the person appeals against the final notice in respect of the penalty within that period, the day after that on which the appeal is finally determined, withdrawn or abandoned. (4) A person is guilty of an offence if— (a) the person conducts themselves in a manner giving rise to liability to a financial penalty under section 16F, and (b) within the period of five years ending with the day on which the conduct occurs— (i) a relevant penalty has been imposed on the person for different conduct and the final notice imposing the penalty has not been withdrawn, or (ii) the person has been convicted of an offence under this section for different conduct. (5) In subsections (3) and (4) “relevant penalty” means a financial penalty which is imposed under section 16F or 16H where— (a) the period for bringing an appeal against the penalty under paragraph 10(2) of Schedule 2ZA has expired without an appeal being brought, (b) an appeal against the financial penalty under that paragraph has been withdrawn or abandoned, or (c) the final notice imposing the penalty has been confirmed or varied on appeal. (6) A person may not be convicted of an offence under subsection (1), (2) or (4) in respect of any conduct if a financial penalty has been imposed under section 16F or 16H in respect of that conduct. (7) A person guilty of an offence under this section is liable on summary conviction to a fine. 16H Financial penalties as an alternative to prosecution under section 16G
(1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person is guilty of an offence under section 16G. (2) No financial penalty may be imposed under this section in respect of any conduct if— (a) the person has been convicted of an offence under section 16G in respect of the conduct, (b) criminal proceedings under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or (c) criminal proceedings under that section in respect of the conduct have been concluded and the person has not been convicted of the offence. (3) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £30,000. (4) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section. (5) Local housing authorities must have regard to any guidance issued under subsection (4). 16I Financial penalties: supplementary and interpretation
(1) The Secretary of State may give financial assistance (by way of grant, loan guarantee or in any other form) or make other payments to a local housing authority in respect of the local housing authority’s functions under or by virtue of sections 16F to 16H. (2) The Secretary of State may by regulations amend the amount specified in section 16F(4) or 16H(3) to reflect changes in the value of money. (3) Regulations under this section are to be made by statutory instrument. (4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (5) Schedule 2ZA makes provision about— (a) the procedure for imposing financial penalties under sections 16F and 16H, (b) appeals against financial penalties under sections 16F and 16H, (c) enforcement of financial penalties under sections 16F and 16H, and (d) how local housing authorities are to deal with the proceeds of financial penalties under sections 16F and 16H. (6) In sections 16F to 16H, this section and Schedule 2ZA “local housing authority” has the meaning given by section 1 of the Housing Act 1985.
12 Financial penalties: procedure, appeals and enforcement¶
In the 1988 Act, after Schedule 2 insert—Schedule 2ZA1 — Financial penalties under sections 16F and 16H
Notice of intent
1 Before imposing a financial penalty on a person under section 16F or 16H a local housing authority must give the person notice of its proposal to do so (a “notice of intent”). 2 (1) The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates. (2) But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given— (a) at any time when the conduct is continuing, or (b) within the period of 6 months beginning with the last day on which the conduct occurs. 3 The notice of intent must set out— (a) the date on which the notice of intent is given, (b) the amount of the proposed financial penalty, (c) the reasons for proposing to impose the financial penalty, and (d) information about the right to make representations under paragraph 4. Right to make representations
4 (1) A person who is given a notice of intent may make written representations to the local housing authority about the proposal to impose a financial penalty. (2) Any representations must be made within the period of 28 days beginning with the day after that on which the notice was given (“the period for representations”). Final notice
5 After the end of the period for representations the local housing authority must— (a) decide whether to impose a financial penalty on the person, and (b) if it decides to impose a financial penalty, decide the amount of the penalty. 6 If the authority decides to impose a financial penalty on the person, it must give the person a notice (a “final notice”) imposing that penalty. 7 The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given. 8 The final notice must set out— (a) the date on which the final notice is given, (b) the amount of the financial penalty, (c) the reasons for imposing the penalty, (d) information about how to pay the penalty, (e) the period for payment of the penalty, (f) information about rights of appeal, and (g) the consequences of failure to comply with the notice. Withdrawal or amendment of notice
9 (1) A local housing authority may at any time— (a) withdraw a notice of intent or final notice, or (b) reduce the amount specified in a notice of intent or final notice. (2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given. Appeals
10 (1) A person to whom a final notice is given may appeal to the First-tier Tribunal against— (a) the decision to impose the penalty, or (b) the amount of the penalty. (2) An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice was given. (3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned. (4) An appeal under this paragraph— (a) is to be a re-hearing of the local housing authority’s decision, but (b) may be determined having regard to matters of which the authority was unaware. (5) On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice. (6) The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than the local housing authority could have imposed. Recovery of financial penalty
11 (1) This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay. (2) The local housing authority which imposed the financial penalty may recover the whole or part of the penalty on the order of the county court as if it were payable under an order of that court. (3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is— (a) signed by the chief finance officer of the local housing authority which imposed the penalty, and (b) states that the amount due has not been received by a date specified in the certificate, is conclusive evidence of that fact.(4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. (5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989. Proceeds of financial penalties
12 Where a local housing authority imposes a financial penalty under this Act, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under this Act or otherwise in relation to the private rented sector. 13 Any proceeds of a financial penalty imposed under this Act which are not applied in accordance with paragraph 12 must be paid to the Secretary of State. 14 (1) In paragraph 12, enforcement functions “in relation to the private rented sector” means enforcement functions relating to— (a) residential premises in England that are let, or intended to be let, under a tenancy, (b) the common parts of such premises, (c) the activities of a landlord under a tenancy of residential premises in England, (d) the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises, or (e) the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises. (2) For the purposes of this paragraph “residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008. (3) For the purposes of this paragraph “tenancy” includes a licence to occupy.
13 No criminal liability of the Crown under Part 1 of the 1988 Act¶
In section 44 of the 1988 Act (application of Part 1 of that Act to Crown property)—(1A) In Chapter 1— (a) section 16G does not bind the Crown; (b) in section 16H(1) as it applies by virtue of subsection (1), the reference to a person being guilty of an offence under section 16G is to be read as a reference to the person— (i) satisfying the conditions in paragraphs (a) and (b) of section 16G(1), (ii) contravening section 16E(3) or (4), or (iii) satisfying the conditions in paragraphs (a) and (b)(i) of section 16G(4). (1B) Subsection (1A)(a) does not affect the criminal liability of persons in the service of the Crown.
Other changes¶
14 Notices to quit by tenants under assured tenancies: timing¶
(b) it satisfies subsection (1ZA).
(1ZA) A notice to quit satisfies this subsection— (a) where it is given by a tenant in relation to premises let under an assured tenancy, if it is given— (i) not less than any length of time before the date on which the notice is to take effect, not exceeding two months, that the landlord has agreed to in writing, or (ii) in the absence of agreement under sub-paragraph (i), not less than two months before the date on which the notice is to take effect; (b) otherwise, if it is given not less than four weeks before the date on which it is to take effect. But in relation to landlords under assured tenancies see section 5(1) of the Housing Act 1988 (notice to quit by landlord is of no effect).
15 Notices to quit by tenants under assured tenancies: other¶
After section 5 of the Protection from Eviction Act 1977 insert—5A Notices to quit by tenants under assured tenancies
(1) Any provision that would bind a tenant as to the means of giving a notice in writing to quit premises let under an assured tenancy is of no effect. (2) For the purposes of subsection (1) the “means of giving a notice in writing” is the mode by which the words of the notice are represented or reproduced in a visible form. (3) A notice by a tenant to quit premises let under an assured tenancy may be withdrawn before the date on which it takes effect by the tenant and landlord agreeing in writing to the withdrawal.
16 Limitation on obligation to pay removal expenses¶
In section 11(1) of the 1988 Act (payment of removal expenses)—17 Assured agricultural occupancies: grounds for possession¶
In section 25 of the 1988 Act (security of tenure in relation to assured agricultural occupancies)—18 Accommodation for homeless people: duties of local authority¶
19 Tenancy deposit requirements¶
assured tenancy means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988 (for transitional provision see Schedule 4 to the Renters (Reform) Act 2024);
;(1ZA) In relation to a tenancy that, immediately before the extended application date, was an assured shorthold tenancy, subsection (1) applies as if after “assured tenancy”, in the first place it occurs, there were inserted “on or after 6 April 2007”. (1ZB) In subsection (1ZA)— assured shorthold tenancy means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 as it had effect before the amendments made by the Renters (Reform) Act 2024; the extended application date has the meaning given by section 67(4) of the Renters (Reform) Act 2024.
215 Sanctions for non-compliance
(1) Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if the tenancy deposit is being held in accordance with an authorised scheme. (2) Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if such requirements of the scheme as fell to be complied with by the landlord on receiving the tenancy deposit have been complied with (whether or not within the period mentioned by section 213(3)) in relation to the tenancy deposit. (3) Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if the requirements of section 213(5) and (6)(a) have been complied with. (4) Subsections (1) to (3) do not apply in relation to an order for possession made on Ground 7A or 14 in Schedule 2 to the Housing Act 1988 (whether or not any other grounds for possession are met). (5) Subsections (1) to (3) do not apply where— (a) the tenancy deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or (b) an application to the county court has been made under section 214(1) and has been determined by that court, withdrawn or settled by agreement between the parties. (6) If any deposit given in connection with an assured tenancy could not be lawfully required as a result of section 213(7), the court may not make an order for possession of the dwelling-house let on the assured tenancy until the property in question is returned to the person by whom it was given as a deposit. (7) In subsection (6) “deposit” has the meaning given by section 213(8). (8) In relation to an assured tenancy that— (a) was entered into before the commencement date (within the meaning given by section 67(4) of the Renters (Reform) Act 2024), and (b) immediately before the extended application date, was an assured shorthold tenancy, subsection (2) is to be read as if the words “on or after 6 April 2007” were inserted after “assured tenancy” in the first place it occurs.(9) See also paragraph 9 of Schedule 4 to the Renters (Reform) Act 2024 (disapplication of amendments to this Chapter in relation to a tenancy that immediately before the extended application date was an assured tenancy other than an assured shorthold tenancy). (10) In this section— assured shorthold tenancy means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 as it had effect before the amendments made by the Renters (Reform) Act 2024; the court means a court having jurisdiction to make an order for possession of a dwelling-house let on an assured tenancy (see section 40 of the Housing Act 1988); dwelling-house has the same meaning as in Part 1 of the Housing Act 1988 (see section 45 of that Act); the extended application date has the meaning given by section 67(4) of the Renters (Reform) Act 2024.
Consequential amendments¶
20 Consequential amendments¶
Schedule 2 contains amendments in consequence of this Chapter.Chapter 2 — Tenancies that cannot be assured tenancies¶
21 Tenancies of more than seven years¶
Fixed term tenancies of more than seven years
3D A fixed term tenancy of a term certain of more than seven years from the date of the grant of the tenancy.
Chapter 3 — Penalties for unlawful eviction or harassment of occupier¶
22 Penalties for unlawful eviction or harassment of occupier¶
(7) A person may not be convicted of an offence under this section in respect of any conduct if a financial penalty has been imposed under section 1A in respect of that conduct.
1A Financial penalty for offence under section 1
(1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has committed an offence under section 1 in relation to premises in England. (2) No financial penalty may be imposed in respect of any conduct amounting to an offence under section 1 if— (a) the person has been convicted of an offence under that section in respect of the conduct, (b) criminal proceedings for an offence under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or (c) criminal proceedings for an offence under that section in respect of the conduct have been concluded and the person has not been convicted of the offence. (3) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £30,000. (4) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section. (5) Local housing authorities must have regard to any guidance issued under subsection (4). (6) Schedule A1 makes provision about— (a) the procedure for imposing financial penalties, (b) appeals against financial penalties, (c) enforcement of financial penalties, and (d) how local housing authorities are to deal with the proceeds of financial penalties. (7) The Secretary of State may by regulations amend the amount specified in subsection (3) to reflect changes in the value of money. (8) Regulations under this section are to be made by statutory instrument. (9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule A12 — Financial penalty for offence under section 1
Notice of intent
1 Before imposing a financial penalty on a person under section 1A a local housing authority must give the person notice of its proposal to do so (a “notice of intent”). 2 (1) The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates. (2) But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given— (a) at any time when the conduct is continuing, or (b) within the period of 6 months beginning with the last day on which the conduct occurs. 3 The notice of intent must set out— (a) the date on which the notice of intent is given, (b) the amount of the proposed financial penalty, (c) the reasons for proposing to impose the financial penalty, and (d) information about the right to make representations under paragraph 4. Right to make representations
4 (1) A person who is given a notice of intent may make written representations to the local housing authority about the proposal to impose a financial penalty. (2) Any representations must be made within the period of 28 days beginning with the day after that on which the notice was given (“the period for representations”). Final notice
5 After the end of the period for representations the local housing authority must— (a) decide whether to impose a financial penalty on the person, and (b) if it decides to impose a financial penalty, decide the amount of the penalty. 6 If the authority decides to impose a financial penalty on the person, it must give the person a notice (a “final notice”) imposing that penalty. 7 The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given. 8 The final notice must set out— (a) the date on which the final notice is served, (b) the amount of the financial penalty, (c) the reasons for imposing the penalty, (d) information about how to pay the penalty, (e) the period for payment of the penalty, (f) information about rights of appeal, and (g) the consequences of failure to comply with the notice. Withdrawal or amendment of notice
9 (1) A local housing authority may at any time— (a) withdraw a notice of intent or final notice, or (b) reduce the amount specified in a notice of intent or final notice. (2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given. Appeals
10 (1) A person to whom a final notice is given may appeal to the First-tier Tribunal against— (a) the decision to impose the penalty, or (b) the amount of the penalty. (2) An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice was given. (3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned. (4) An appeal under this paragraph— (a) is to be a re-hearing of the local housing authority’s decision, but (b) may be determined having regard to matters of which the authority was unaware. (5) On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice. (6) The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than the local housing authority could have imposed. Recovery of financial penalty
11 (1) This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay. (2) The local housing authority which imposed the financial penalty may recover the whole or part of the penalty on the order of the county court as if it were payable under an order of that court. (3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is— (a) signed by the chief finance officer of the local housing authority which imposed the penalty, and (b) states that the amount due has not been received by a date specified in the certificate, is conclusive evidence of that fact.(4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. (5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989. Proceeds of financial penalties
12 Where a local housing authority imposes a financial penalty under this Act, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under this Act or otherwise in relation to the private rented sector. 13 Any proceeds of a financial penalty imposed under this Act which are not applied in accordance with paragraph 12 must be paid to the Secretary of State. 14 (1) In paragraph 12, enforcement functions “in relation to the private rented sector” means enforcement functions relating to— (a) residential premises in England that are let, or intended to be let, under a tenancy, (b) the common parts of such premises, (c) the activities of a landlord under a tenancy of residential premises in England, (d) the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises, or (e) the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises. (2) For the purposes of this paragraph “residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008. (3) For the purposes of this paragraph, “tenancy” includes a licence to occupy.
Part 2 — Residential landlords¶
Chapter 1 — Meaning of “residential landlord”¶
23 Meaning of “residential landlord”¶
Chapter 2 — landlord redress schemes¶
Landlord redress schemes¶
24 Landlord redress schemes¶
25 Approval and designation of landlord redress schemes¶
26 Financial penalties¶
27 Offences¶
.8
Renters (Reform) Act 2024
section 27(1), (2) or (3)
Landlord redress schemes: continuing or repeat breaches
28 Decision under a landlord redress scheme may be made enforceable as if it were a court order¶
Guidance¶
29 Guidance for scheme administrator and local housing authority¶
Interpretation¶
30 Interpretation of Chapter 2¶
Related amendments affecting the social rented sector¶
31 Housing activities under social rented sector scheme¶
2A Criteria under paragraph 2(b) of paragraph 2(1) must include criteria preventing a person who— (a) is a residential landlord, within the meaning given by section 23 of the Renters (Reform) Act 2024, and (b) is not a social landlord, from becoming a member of the scheme.
Interpretation
13 In this Schedule “private rented sector activities” means activities carried on by a person as a residential landlord within the meaning given by section 23 of the Renters (Reform) Act 2024.
Chapter 3 — The Private Rented Sector Database¶
The database and the database operator¶
32 The database¶
33 The database operator¶
Landlord and dwelling entries¶
34 Making entries in the database¶
35 Requirement to keep active entries up-to-date¶
36 Circumstances in which active entries become inactive and vice versa¶
37 Verification, correction and removal of entries¶
38 Fees for landlord and dwelling entries¶
Marketing, advertising and letting¶
39 Restrictions on marketing, advertising and letting dwellings¶
Entries relating to banning orders, offences, financial penalties, etc.¶
40 Entries relating to banning orders, offences, financial penalties, etc.¶
Further duties of database operator¶
41 Allocation of unique identifiers¶
42 Other duties¶
Access to and use of information in database¶
43 Access to the database¶
44 Disclosure by database operator etc¶
45 Use of information from the database¶
Removal of entries¶
46 Removal of entries from database¶
Enforcement¶
47 Financial penalties¶
48 Offences¶
.
Final provisions¶
49 Power to direct database operator and local housing authorities¶
50 Entries under section 40: minor and consequential amendments¶
(4) In relation to rogue landlords, see also the database established under section 32 of the Renters (Reform) Act 2024.
(3) In this section, references to a “banning order” are to a banning order made— (a) before the day on which Chapter 3 of Part 2 of the Renters (Reform) Act 2024 comes into force, or (b) on or after that day if— (i) the order does not ban the person against whom it is made from letting housing in England, or (ii) the order relates to an offence to which subsection (4) applies. (4) This subsection applies to an offence which was committed by a person who at the time was neither— (a) a residential landlord as defined in Part 2 of the Renters (Reform) Act 2024 (see sections 23 and 57(1) of that Act), nor (b) marketing a dwelling for the purpose of creating a residential tenancy, as defined for the purposes of that Part of that Act (see section 57(2) to (6) of that Act).
(8) In this section, references to a “banning order offence” are to a banning order offence committed— (a) before the day on which Chapter 3 of Part 2 of the Renters (Reform) Act 2024 comes into force, or (b) on or after that day if it is an offence to which subsection (9) applies. (9) This subsection applies to a banning order offence which was committed by a person who at the time was neither— (a) a residential landlord as defined in Part 2 of the Renters (Reform) Act 2024 (see sections 23 and 57(1) of that Act), nor (b) marketing a dwelling for the purpose of creating a residential tenancy, as defined for the purposes of that Part of that Act (see section 57(2) to (6) of that Act).
51 Interpretation of Chapter 3¶
In this Chapter—Chapter 4 — Part 2: supplementary provision¶
52 Financial penalties under sections 26 and 47¶
Schedule 3 makes provision about—53 Financial assistance by Secretary of State¶
The Secretary of State may give financial assistance (by way of grant, loan guarantee or in any other form) or make other payments to a person who exercises functions under or by virtue of this Part.54 Crown application¶
55 Application to Parliament¶
Where regulations under section 23(4)(b) provide for the meaning of “relevant tenancy” given by that section to include a tenancy or licence under which a dwelling is occupied for the purposes of either House of Parliament, this Part has effect in its application in relation to such a tenancy or licence with the following modifications—56 Regulations¶
57 Interpretation¶
Part 3 — Enforcement authorities¶
58 Enforcement by local housing authorities: general duty¶
59 Enforcement by local housing authorities: duty to notify¶
60 Lead enforcement authority¶
61 General duties and powers of lead enforcement authority¶
62 Enforcement by the lead enforcement authority¶
Part 4 — Supported and temporary accommodation¶
63 Government policy on supported and temporary accommodation¶
Part 5 — General¶
64 Meaning of “the 1988 Act”¶
In this Act “the 1988 Act” means the Housing Act 1988.65 Power to make consequential provision¶
66 Extent¶
67 Commencement and application¶
68 Transitional provision¶
69 Short title¶
This Act may be cited as the Renters (Reform) Act 2024.Schedules¶
Schedule 13 — Changes to grounds for possession¶
Introductory¶
Amendments of Ground 1: occupation by landlord or family¶
At the date specified in the notice under section 8, the current tenancy has existed for at least 6 months 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.
New grounds for sale of dwelling-house¶
Ground 1A
The following conditions are met— (a) the landlord who is seeking possession intends to sell the dwelling-house; (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) at the date specified in the notice under section 8, either— (i) the current tenancy has existed for at least 6 months, or (ii) a compulsory purchase order which authorises purchase of the dwelling-house has become operative and the landlord intends to sell the dwelling-house to the person authorised by the compulsory purchase order to purchase it; (d) the landlord seeking possession is not— (i) a non-profit registered provider of social housing, (ii) a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act), (iii) a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or (iv) 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.
Ground 1B
The following conditions are met— (a) the landlord who is seeking possession intends to sell the dwelling-house; (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— market rent includes any amount payable by way of a service charge; 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 (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.”
Amendments of Ground 2: sale by mortgagee¶
New ground for possession when superior lease ends¶
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, or (ii) the superior tenancy is for a fixed term which will end within the period of 12 months beginning with the date of the service of the notice under section 8, 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 an agricultural tenancy within the meaning of the Agricultural Holdings Act 1986 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.
New ground for possession by superior landlord¶
Ground 2ZB
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 of them was— (a) a private registered provider of social housing, (b) a tenant of the superior landlord under an agricultural tenancy within the meaning of the Agricultural Holdings Act 1986 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.
Repeal of Ground 3: holiday accommodation¶
Amendments of Ground 4: student accommodation¶
Amendment of Ground 5: ministers of religion¶
New ground for possession for occupation by agricultural worker¶
Ground 5A
The landlord seeking possession requires the dwelling-house for the purpose of housing a person who will be employed by the landlord, or in the case of joint landlords seeking possession, by at least one of those landlords, in agriculture as a seasonal or permanent employee. For the purposes of this ground, “agriculture” has the same meaning as in the Rent (Agriculture) Act 1976 (see section 1 of that Act).
New ground for possession for occupation by person who meets employment requirements¶
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.
Ground 16 to be renumbered as Ground 5C and to be a mandatory ground for possession¶
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.
New ground for possession for end of employment requirements¶
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.
New ground for possession for occupation as supported accommodation¶
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 at the dwelling-house.
New grounds for possession of dwelling-house occupied as supported accommodation¶
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 has used reasonable endeavours to identify alternative funding but has not been 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 without that funding; (d) the tenant does not need the level of support services that are provided at the dwelling-house; (e) the tenant does not need any support services; (f) the support services that are provided at the dwelling-house do not meet the tenant’s needs; (g) 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; (h) the dwelling-house is physically unsuitable for a person with the tenant’s needs for support services to live in. In this ground, references to the landlord are to the landlord who is seeking possession.
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.
New ground for possession for tenancy granted for homelessness duty¶
Ground 5G
The grant of the tenancy was 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 no longer required for the purposes of that duty, and (b) the date specified in the notice under section 8 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” has the meaning given by section 1 of the Housing Act 1985.
Amendments of Ground 6: redevelopment¶
(aa) either— (i) the assured tenancy began at least 6 months before the date specified in the notice under section 8, or (ii) a compulsory purchase order was made authorising the landlord who is seeking possession to purchase the dwelling-house and the dwelling-house was transferred to that landlord within the period of one year ending with the date specified in the notice under section 8, and
For the purposes of this ground, a “relevant landlord” is—
(a) if the landlord who is seeking possession is— (i) a non-profit registered provider of social housing, (ii) a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act), (iii) a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or (iv) 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, a superior landlord;(b) otherwise— (i) the landlord who is seeking possession, or (ii) if the landlord who is seeking possession is the unit-holder of a commonhold unit comprising or containing the dwelling-house and in relation to which the commonhold association exercises functions, a commonhold association.
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).
New ground for possession to allow compliance with enforcement action¶
Ground 6A
Any of the following situations has occurred— (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. 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; local housing authority has the meaning given in section 261 of the Housing Act 2004.
Amendments of Ground 7: death of tenant¶
Amendments of Ground 8: rent arrears¶
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.
New ground for possession for repeated rent arrears¶
Ground 8A
Within a three year period ending with the date of service of the notice under section 8— (a) if rent is payable monthly, at least two months’ rent was unpaid for at least a day on at least three separate occasions, or (b) if rent is payable for a period shorter than a month, at least eight weeks’ rent was unpaid for at least a day on at least three separate occasions. For the purposes of this ground, occasions are “separate” if in between those occasions the amount of the unpaid rent reduced to less than the amount mentioned in sub-paragraph (a) or sub-paragraph (b) (whichever is applicable) for at least one day. 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. For the purposes of this ground, rent means rent lawfully due from the tenant.
Amendments of Ground 14: anti-social behaviour¶
Power to amend Schedule 2 and new interpretation provisions¶
Part 5 — Interpretation
12 In this Schedule— compulsory purchase order has the same meaning as in the Acquisition of Land Act 1981 (see section 2 of that Act); 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— (a) into which a tenant has been admitted in order to meet a need for care, support or supervision, and (b) where the care, support or supervision is provided otherwise than by the landlord or a person acting on behalf of the landlord; support services in relation to a tenant in supported accommodation, means care, support or supervision; supported accommodation means a dwelling-house— (a) let by— (i) a housing association, (ii) a private registered provider of social housing, (iii) a registered charity, or (iv) a voluntary organisation, and (b) where a tenant 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. Part 6 — Powers to amend Grounds 2ZA, 2ZB, 5C and 6A and definition
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 2ZB 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) add other situations to the list in the first paragraph of Ground 6A in which that ground may be relied on or remove any situations added by virtue of this sub-paragraph; (e) 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.
Schedule 24 — Consequential amendments relating to Chapter 1 of Part 1¶
Housing Act 1988¶
Housing Act 1996¶
Renting Homes (Wales) Act 2016 (anaw 1)¶
;29A At ddibenion paragraffau 28 a 29, mae Deddf Tai 1988 yn gymwys heb y diwygiadau a wnaed gan Ddeddf Rhentwyr (Diwygio) 2024 (p. ).
29A For the purposes of paragraphs 28 and 29, the Housing Act 1988 applies without the amendments made by the Renters (Reform) Act 2024 (c. ).
Schedule 35 — Financial penalties¶
Notice of intent¶
Right to make representations¶
Final notice¶
Withdrawal or amendment of notice¶
Appeals¶
Recovery of financial penalty¶
Proceeds of financial penalties¶
Schedule 46 — Application of Chapter 1 of Part 1 to existing tenancies: transitional provision¶
Section 1: start of deemed rent period for existing tenancies¶
;(a) for successive rent periods of one month beginning— (i) if the extended application date is a date on which a rent period would, but for subsection (3), have begun, with the extended application date, or (ii) otherwise, with the day after the last day of the rent period within which the extended application date falls, and