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— (a) for a tenancy to be a fixed term tenancy, or (b) for periods of the tenancy to be different from the periods for which rent is payable (“rent periods”). (2) Where terms of an assured tenancy are of no effect by virtue of subsection (1)(a) or (b), the tenancy has effect as a periodic tenancy under which the periods of the tenancy are the same as the rent periods. (3) Terms of an assured tenancy which provide for the rent periods are of no effect unless each rent period is— (a) a period of 28 days or shorter, or (b) a monthly rent period. (4) Those terms may provide for different rent periods at different times during the assured tenancy (but each rent period must be permitted by subsection (3)). (5) Where terms of an assured tenancy 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 (6), and (ii) to be due on the first day of the period. (6) 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. (7) 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. (8) 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—3 Sections 1 and 2: effect of superior leases¶
Grounds for possession¶
4 Changes to grounds for possession¶
;(5ZA) The court may not make an order for possession of a dwelling-house on any of Grounds 1 to 5H where— (a) a smallholding was previously let to the tenant under an agricultural tenancy, within the meaning given by section 1 of the Agricultural Holdings Act 1986, (b) the agricultural tenancy came to an end as a result of the operation of a notice to quit given in case A in Part 1 of Schedule 3 to that Act (“case A”), and (c) the dwelling-house is let under the assured tenancy— (i) by the person who was the landlord under the agricultural tenancy (“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 dwelling-house is to be let as suitable alternative accommodation for the purposes of paragraph (b) of case A, and (B) this subsection is to apply.
(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— (a) the period of 14 days beginning with the date of service of the notice under section 8; or (b) where the court has exercised the power conferred by section 8(1)(b), the period of 14 days beginning— (i) if a purported notice of possession (within the meaning given by section 16M) was served on the tenant and the court considers it just and equitable, with the date on which the notice was served; (ii) otherwise, with the date on which the proceedings for possession began.
;(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, 2ZC, 2ZD, 4A, 6, 6A four months beginning with the date of service of the notice 5, 5A, 5B, 5C, 5D, 5H, 7, 9 two months beginning with the date of service of the notice 5E, 5F, 5G, 8, 10, 11, 18 four 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 2ZC. (5B) A notice given by an intermediate landlord under Ground 2ZB 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 2ZD.
8ZA Disapplication of conditions where notice dispensed with
(1) This section applies where the court exercises the power conferred by section 8(1)(b) in proceedings relating to Ground 4A, 5G or 6 in Schedule 2. (2) The court may, if it considers it just and equitable to do so— (a) where the proceedings relate to Ground 4A, disapply paragraph (d) of the ground; (b) where the proceedings relate to Ground 5G, disapply paragraph (b) of the ground; (c) where the proceedings relate to Ground 6, disapply paragraph (aa)(ii)(B) of the ground. (3) References in this section to grounds in Schedule 2 are to those grounds read in accordance with paragraph 12(2) of that Schedule.
11A Possession on ground 6A: compensation of tenant
(1) This section applies where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6A in Schedule 2 to this Act (whether or not the order is also made on any other ground). (2) The court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order for possession. (3) In deciding whether to make an order under this section, and what compensation to order, the court must (in particular) take into account the circumstances which led to Ground 6A being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6A being available).
5 Possession for anti-social behaviour: relevant factors¶
In the 1988 Act, in section 9A—;(d) whether the person against whom the order is sought has co-operated with any attempt by the landlord to encourage the conduct to cease.
(3) Where the person against whom the order is sought is a tenant occupying an HMO, in considering effects mentioned in subsection (2)(a) the court must have particular regard to the effect on other occupiers who share with that person accommodation or facilities within the HMO. (4) For the purposes of subsection (3) occupiers of an HMO share accommodation or facilities if they are each entitled to use that accommodation or those facilities under the terms of a tenancy or licence to occupy. (5) In subsection (3) “HMO” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act).
6 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¶
7 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) limits any right of the landlord and the tenant under an assured tenancy to which this section applies to vary any term of the tenancy by agreement. (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)— (a) may make different provision for different purposes; (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). 13B Challenge to validity of notice to increase rent
Where a tenant under an assured tenancy makes an application to the appropriate tribunal, the tribunal may determine whether a notice served on the tenant under section 13(2) or 13A(2) is valid.
8 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 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 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 following the determination is— (a) the new rent amount, and (b) the appropriate amount (if any) in respect of rates. (3) The rent payable under the tenancy following the determination takes effect from the date that the appropriate tribunal directs. (4) The new rent amount is— (a) the open-market rent, if lower than the tenancy rent, and (b) otherwise, the tenancy rent. (5) The date must not be earlier than the date of the application. (6) 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); the open-market rent means the amount of rent determined by the appropriate tribunal on the application, in accordance with section 14(1); the tenancy rent means the rent payable under the tenancy immediately before the determination is made, excluding the appropriate amount in respect of rates (if any). 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 following the determination is— (a) the new rent amount, and (b) the appropriate amount (if any) in respect of rates. (3) The rent payable under the tenancy following the determination takes effect from— (a) the beginning of the new period specified in the notice under section 13(2) or 13A(2), if that date is on or after the date of the determination, (b) the beginning of the first new period of the tenancy which begins on or after the date of the determination, if the beginning of the new period specified in the notice under section 13(2) or 13A(2) is before the date of the determination, or (c) if it appears to the tribunal that applying paragraph (a) or (b) would cause undue hardship to the tenant, a date that the appropriate tribunal directs. (4) A date specified under subsection (3)(c) must fall before the end of the period of two months beginning with the date of the determination. (5) The new rent amount is— (a) the open-market rent, if lower than the proposed rent, and (b) otherwise, the proposed rent. (6) In this section— the appropriate amount in respect of rates has the meaning given by section 14ZA(6); the open-market rent has the meaning given by section 14ZA(6); the proposed rent means the amount of rent specified in the notice under section 13(2) or 13A(2), excluding the appropriate amount in respect of rates (if any).
9 Repayment of rent paid in advance¶
In the 1988 Act, after section 14ZB (inserted by section 8 of this Act) insert—14ZC Repayment of rent paid in advance
(1) A person who paid rent in advance as a tenant under an assured tenancy is entitled to be repaid any part of that rent that relates to days falling after the end of the tenancy. (2) Subsection (1) does not affect any other entitlement to payment arising at the end of an assured tenancy.
10 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 28th 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 28th 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 28th 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 has 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 having 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;
11 Pet insurance¶
(c) insurance required under section 16C(1)(a) of the Housing Act 1988 (insurance where landlord consents to keeping of a pet).
Payment in respect of pet insurance
12 A payment is a permitted payment if it is required under section 16C(1)(b) of the Housing Act 1988 (reasonable costs of landlord having insurance where landlord consents to keeping of a pet).
Duties of landlords etc¶
12 Duty of landlord and contractor to give statement of terms etc¶
In the 1988 Act, after section 16C (inserted by section 10 of this Act) insert—Duties of landlords and persons acting on their behalf
16D Duty of landlord and contractor to give statement of terms etc
(1) This section applies to an assured tenancy other than a tenancy granted by implication, after an implied surrender of a previous tenancy between the same parties, where the implied surrender and grant result from an agreement to vary the terms of the previous tenancy. (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, and (b) 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 landlord may include in a statement under subsection (2) a statement of the landlord’s wish to be able to recover possession on one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H or 18 in Schedule 2 (for the consequences of specifying a ground mentioned in this subsection in a notice under section 8 where no statement under this subsection is so included, see section 16E(1)(f) and section 16I(1)(a)). (4) Subject to subsections (5) and (5A), the statement under subsection (2) must be given before the tenancy is entered into. (5) Where a tenancy to which this section applies— (a) arises by succession as mentioned in section 39(5), or (b) is an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3, the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the landlord acknowledges the tenant’s right to a tenancy.(6) Where a tenancy becomes a tenancy to which this section applies by virtue of section 143C(3) of the Housing Act 1996 (demoted tenancies: change of landlord), the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the new landlord becomes the landlord under the tenancy. (7) Where a landlord has entered into a contract with a person which requires that person to ensure compliance with this section (whether or not this section is referred to individually), subsection (2) also applies to that person, as it applies to the landlord. (8) Regulations under this section— (a) may make different provision for different purposes; (b) 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.
13 Other duties¶
In the 1988 Act, after section 16D(inserted by section 12 of this Act) insert—16E Other duties
(1) A relevant person must not, in relation to an assured tenancy— (a) purport to let a dwelling-house on the 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) purport to bring the tenancy to an end, or require that it is brought to an end, orally, (d) serve on the tenant a purported notice of possession, (e) rely on a ground in Schedule 2 where the person does not reasonably believe that the landlord is, will or may be able to obtain an order for possession on that ground, or (f) where the tenancy is one to which section 16D applies, rely on one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H or 18 in Schedule 2 if no statement was given to the tenant under section 16D(3) in respect of them. (2) Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, the landlord must not, within the restricted period— (a) let the dwelling-house on a tenancy for a term of 21 years or less, or (b) permit a person to occupy the dwelling-house— (i) under a licence to occupy, and (ii) for monetary consideration. (3) Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, a relevant person in relation to that tenancy must not— (a) within the restricted period, market the dwelling-house to let on a tenancy for a term of 21 years or less, (b) within the restricted period, market the dwelling-house to be occupied— (i) under a licence to occupy, and (ii) for monetary consideration, (c) authorise another person to market the dwelling-house to let on a tenancy for a term of 21 years or less, so far as the authorisation would allow that other person to market it within the restricted period, or (d) authorise another person to market the dwelling-house to be occupied— (i) under a licence to occupy, and (ii) for monetary consideration, so far as the authorisation would allow that other person to market it within the restricted period.(4) Where a prohibition in subsection (2) or (3) applies to a person, it continues to apply to that person until the end of the restricted period, whether or not the tenancy continues during that period. (5) A breach of subsection (1)(f) does not prevent a court from making an order for possession of the dwelling-house on the ground in question (but see section 16I(1)(a)). 16F Exceptions from letting and marketing prohibitions
(1) Section 16E(2) (prohibition on letting and licensing within restricted period) does not apply where— (a) the relevant person relies on Ground 1 and— (i) the tenant or licensee is a person mentioned in paragraphs (a) to (d) of that ground, or (ii) a person mentioned in paragraphs (a) to (d) of Ground 1 also occupies the dwelling-house and does so as their only or principal home; (b) the relevant person relies on Ground 1A and— (i) the licensee has agreed to purchase the landlord’s interest in the dwelling-house and the licence to occupy is granted in anticipation of that purchase, or (ii) the licensee has agreed to the landlord granting the licensee 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, and the licence to occupy is granted in anticipation of the grant of that lease. (2) Section 16E(3) (prohibition on marketing within restricted period) does not apply where the marketing is in connection with letting, or occupation under a licence, which is permitted as a result of subsection (1). 16G Interpretation of terms related to marketing in section 16E
(1) For the purposes of section 16E 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 is or may be so available. (2) For the purposes of section 16E a person markets a dwelling-house to be occupied under a licence when— (a) the person advertises that the dwelling-house is or may be available to be occupied under a licence, or (b) in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available. (3) But subsections (1)(a) and (2)(a) do 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. (4) 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 occupy a dwelling-house, or (b) a person (“a prospective occupier”) seeking to find a dwelling-house to occupy. (5) However, “lettings agency work” does not include any of the following things when done by a person who does nothing else within subsection (4)— (a) publishing advertisements or disseminating information; (b) providing a means by which a prospective landlord or a prospective occupier can, in response to an advertisement or dissemination of information, make direct contact with a prospective occupier or prospective landlord; (c) providing a means by which a prospective landlord and a prospective occupier can communicate directly with each other. (6) “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. (7) Regulations under this section— (a) may make different provision for different purposes; (b) are to be made by statutory instrument. (8) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
14 Landlords acting through others¶
In the 1988 Act, after section 16G (inserted by section 13 of this Act) insert—16H Landlords acting through others
Nothing in section 16D or 16E prevents a landlord from fulfilling or contravening an obligation through another person acting on their behalf.
Landlords etc: financial penalties and offences¶
15 Landlords etc: financial penalties and offences¶
In the 1988 Act, after section 16H (inserted by section 14 of this Act) insert—Landlords etc: financial penalties and offences
16I Financial penalties
(1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt— (a) that the person contravened section 16D or any paragraph of section 16E(1) other than paragraph (e), or (b) that— (i) the person contravened paragraph (e) of section 16E(1), and (ii) the tenant surrendered the tenancy within the period of four months beginning with the date of the contravention, without an order for possession of the dwelling-house being made. (2) Where a landlord fulfils the requirement in section 16D, a local housing authority may not impose a financial penalty on a person who contravenes section 16D only by virtue of subsection (6) of that section. (3) More than one penalty may be imposed on the same person 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. (4) Subsection (3) 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. (5) Where a local housing authority has imposed a financial penalty on a person in relation to a contravention of paragraph (b) or (d) of section 16E(1), the local housing authority may not impose a financial penalty in relation to a contravention of the other of those two paragraphs arising from the same conduct. (6) 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 £7,000. (7) Where— (a) a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and (b) the contraventions in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others, the local housing authority may impose a financial penalty under this section on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it.(8) 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 16J 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 16K in respect of that conduct. (9) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section. (10) Local housing authorities must have regard to any guidance issued under subsection (9). (11) For the purposes of this section and section 16J— (a) a financial penalty is imposed under this section or section 16K 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. 16J Offences
(1) A relevant person is guilty of an offence if, in relation to an assured tenancy— (a) the person relies on a ground in Schedule 2, knowing that the landlord would not be able to obtain an order for possession on that ground, or being reckless as to whether the landlord would be able to do so, and (b) the tenant surrenders the tenancy within the period of four months beginning with the date the ground was relied on, 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(2) or (3) but it is a defence for a person who contravenes section 16E(3) otherwise than as a landlord to show that they took all reasonable steps to avoid contravening it. (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 16I, 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 16I or 16K 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 16I or 16K in respect of that conduct. (7) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly. (8) Where an offence under subsection (2) committed by a body corporate is proved to be attributable to any neglect on the part of an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly. (9) Where the affairs of a body corporate are managed by its members, subsections (7) and (8) apply in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were an officer of the body corporate. (10) A person guilty of an offence under this section is liable on summary conviction to a fine. 16K Financial penalties as an alternative to prosecution under section 16J
(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 16J. (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 16J 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 £40,000. (4) Where— (a) a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and (b) the offences in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others, the local housing authority may impose a financial penalty under this section on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it.(5) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section. (6) Local housing authorities must have regard to any guidance issued under subsection (5). 16L 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 16I to 16K. (2) The Secretary of State may by regulations amend the amount specified in section 16I(6) or 16K(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 16I and 16K, (b) appeals against financial penalties under sections 16I and 16K, (c) enforcement of financial penalties under sections 16I and 16K, and (d) how local housing authorities are to deal with the proceeds of financial penalties under sections 16I and 16K.
16 Financial penalties: procedure, appeals and enforcement¶
In the 1988 Act, after Schedule 2 insert—Schedule 2ZA1 — Financial penalties under sections 16I and 16K
Notice of intent
1 Before imposing a financial penalty on a person under section 16I or 16K 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 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.
Landlords etc: supplementary¶
17 Duties of landlords etc, penalties and offences: interpretation¶
In the 1988 Act, after section 16L (inserted by section 15 of this Act) insert—Duties of landlords etc, penalties and offences: interpretation
16M Duties of landlords etc, penalties and offences: interpretation
(1) In sections 16D to 16L, Schedule 2ZA and this section— legal representative means a person carrying on a legal activity, within the meaning of the Legal Services Act 2007, in the course of a business, where the person— (a) is an authorised person in relation to a reserved legal activity for the purposes of that Act, or (b) is of a description specified for the purposes of this section in regulations made by the Secretary of State; 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 (in its capacity as a local authority) or the Council of the Isles of Scilly; purported notice of possession means any written document which is not in accordance with section 8 but which (however expressed)— (a) purports to be a notice under section 8, or (b) purports to bring an assured tenancy to an end or to require that it is brought to an end (by reference to a ground in Schedule 2 or otherwise), and is not a claim form or a document produced pursuant to proceedings in the court for possession of the dwelling-house;relevant person, in relation to a tenancy, means— (a) the landlord, (b) a person acting on behalf of the landlord otherwise than as a legal representative, or (c) a person purporting to act on behalf of the landlord. (2) For the purposes of 16D to 16L a person relies on a ground in Schedule 2 in relation to a tenancy where the person— (a) serves on the tenant a notice under section 8, or a purported notice of possession, asserting that the landlord is, will or may be able to obtain an order for possession on that ground, or (b) having not done anything within paragraph (a) in relation to the ground, files a claim form or particulars of claim with the court, for the purpose of beginning proceedings for possession on that ground. (3) In section 16E “the restricted period” is to be read in accordance with subsections (4) to (7). (4) Subject to subsections (5) to (7) “the restricted period” means— (a) in relation to a relevant person relying on Ground 1 or 1A in a notice under section 8 or a purported notice of possession (see subsection (2)(a)), the period— (i) beginning with the date on which the notice or purported notice is served, and (ii) ending with the last day of the period of twelve months beginning with the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin; (b) in relation to a relevant person relying on Ground 1 or 1A in a claim form or particulars of claim (see subsection (2)(b)), the period of twelve months beginning with the date on which the claim form or particulars of claim are filed with the court for the purpose of bringing proceedings for possession. (5) Where subsection (6) applies, the reference in subsection (4)(a)(ii) to the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin is to be read as a reference to the earliest date that could have been validly so specified in a notice under section 8, served on the same date, specifying Ground 1 or 1A alone. (6) This subsection applies— (a) where (because it also specifies Ground 7A or 14) a notice under section 8 specifies, as the earliest date on which proceedings for possession will begin, an earlier date than the earliest date that could have been validly so specified in a notice under section 8 specifying Ground 1 or 1A alone; (b) where a purported notice of possession— (i) does not specify a date as the earliest date on which proceedings will begin, or (ii) specifies as the earliest date on which proceedings will begin a date that could not have been specified in a valid notice under section 8 served on the same date, specifying Ground 1 or 1A alone. (7) Where, before the end of the restricted period, the court makes an order for possession of the dwelling-house on a ground other than Ground 1 or 1A, the restricted period ends with the day on which the order is made. (8) Regulations under this section— (a) may make different provision for different purposes; (b) 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.
18 No criminal liability of the Crown under Part 1 of 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 16J does not bind the Crown; (b) in section 16K(1) as it applies by virtue of subsection (1), the reference to a person being guilty of an offence under section 16J is to be read as a reference to the person— (i) being a landlord under an assured tenancy, or acting or purporting to act on behalf of such a landlord, and (in relation to that tenancy) satisfying the condition in paragraph (a) of section 16J(1) where the condition in paragraph (b) of section 16J(1) is also satisfied, (ii) contravening section 16E(2) or (3), (iii) satisfying the conditions in paragraphs (a) and (b) of section 16J(3), or (iv) satisfying the conditions in paragraphs (a) and (b)(i) of section 16J(4), and section 16K(4) is to be read accordingly.(1B) Subsection (1A)(a) does not affect the criminal liability of persons in the service of the Crown.
Other changes¶
19 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).
20 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.
21 Limitation on obligation to pay removal expenses¶
In section 11(1) of the 1988 Act (payment of removal expenses)—22 Assured agricultural occupancies: grounds for possession¶
In section 25 of the 1988 Act (security of tenure in relation to assured agricultural occupancies)—23 Assured agricultural occupancies: opting out etc¶
(1A) Subsection (1) has effect subject to section 24A(1) (opting out).
24A Opting out
(1) A tenancy that would otherwise be an assured agricultural occupancy for the purposes of this Part is not such an occupancy for those purposes if— (a) before the tenancy is entered into, an opt-out notice (see subsection (2)) is served by the person who is to be the landlord on the person who is to be the tenant, and (b) the tenancy is not the continuation of an existing occupancy (see subsection (3)). (2) An opt-out notice is a notice, in such form as may be prescribed, stating that the tenancy is not to be an assured agricultural occupancy. (3) A tenancy is the continuation of an existing occupancy if— (a) the person to whom the tenancy is granted or, as the case may be, at least one of the persons to whom it is granted was, immediately before it was granted, a tenant under an assured agricultural occupancy, and (b) the person by whom it is granted or, as the case may be, at least one of the persons by whom it is granted was, immediately before it was granted, a landlord under the assured agricultural occupancy referred to in paragraph (a). (4) In this Chapter “opted-out tenancy” means a tenancy that, but for this section, would be an assured agricultural occupancy.
24 Accommodation for homeless people: duties of local authority¶
25 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 6 to the Renters' Rights Act 2024);
;(1ZA) In relation to a tenancy that, immediately before the commencement 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' Rights Act 2024; the commencement date has the meaning given by section 143(3) of the Renters' Rights 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 was entered into before the commencement date, 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 10 of Schedule 6 to the Renters' Rights Act 2024 (disapplication of amendments to this Chapter in relation to a tenancy that immediately before the commencement 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' Rights Act 2024; the commencement date has the meaning given by section 143(3) of the Renters' Rights 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).
26 Tenant fees¶
;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 6 to the Renters' Rights Act 2024);
.(a) an assured tenancy other than a tenancy of social housing,
Other amendments¶
27 Liability of tenants under assured tenancies for council tax¶
In section 6(6) of the Local Government Finance Act 1992, in the definition of “material interest”—28 Other amendments¶
Schedule 2 contains amendments relating to this Chapter.Powers of Secretary of State¶
29 Powers of Secretary of State in connection with Chapter 1¶
Chapter 2 — Tenancies that cannot be assured tenancies¶
30 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.
;(1AA) Section 11 also applies to a lease of a dwelling-house in England granted on or after the day on which section 166 of the Localism Act 2011 came into force which is a tenancy for a fixed term of more than seven years that— (a) would be an assured tenancy if it were not for a term of more than seven years, (b) is not a shared ownership lease, and (c) is granted by a private registered provider of social housing.
31 Accommodation for homeless people under section 199A of Housing Act 1996¶
In section 209 of the Housing Act 1996 (interim accommodation in relation to which an assured tenancy will not normally arise), in subsection (1), after “190,” insert “199A,”.Chapter 3 — Discrimination in the rental market: England¶
Discrimination and discriminatory terms: children and benefits status¶
32 Discrimination relating to children¶
33 Discrimination relating to benefits status¶
34 Discriminatory terms in a tenancy relating to children or benefits status¶
35 Terms in superior leases relating to children or benefits status¶
36 Terms in mortgages relating to children or benefits status¶
37 Terms in insurance contracts relating to children or benefits status¶
Discrimination and discriminatory terms: power to protect others¶
38 Power of the Secretary of State to protect others¶
Discrimination: financial penalties¶
39 Financial penalties for breach of anti-discrimination provisions¶
Supplementary¶
40 No prohibition on taking income into account¶
Nothing in this Chapter prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under a relevant tenancy.41 Interpretation of Chapter 3¶
Chapter 4 — Discrimination in the rental market: Wales¶
Prohibitions of discrimination¶
42 Discrimination relating to children or benefits status: Welsh language¶
(2A) Mae Rhan 2A yn ei gwneud yn drosedd i landlord neu berson sy’n gweithredu ar ran landlord neu’n honni ei fod yn gweithredu ar ran landlord wahaniaethu mewn perthynas â chontractau meddiannaeth yn erbyn personau a fyddai â phlant yn byw gyda hwy neu’n ymweld â hwy neu sy’n hawlyddion budd-daliadau, ac yn gwneud darpariaeth arall ynghylch gwahaniaethu o’r math hwnnw.
Rhan 2A — Gwahardd gwahaniaethu
8A Gwahardd gwahaniaethu yn ymwneud â phlant
(1) Mae’n drosedd i berson perthnasol, mewn perthynas ag annedd sydd i fod yn destun contract meddiannaeth— (a) ar y sail y byddai plentyn yn byw gyda pherson neu’n ymweld â pherson yn yr annedd, neu y gallai plentyn fyw gyda pherson neu ymweld â pherson yn yr annedd, pe bai’r annedd, yn gartref i’r person, atal y person rhag— (i) ymholi a yw’r annedd ar gael i’w rhentu, (ii) cael mynediad at wybodaeth am yr annedd, (iii) gweld yr annedd er mwyn ystyried a ddylai geisio ei rhentu, neu (iv) sicrhau contract meddiannaeth mewn cysylltiad â’r annedd neu sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei barhau, neu (b) cymhwyso darpariaeth, maen prawf neu arfer er mwyn peri bod pobl a fyddai â phlentyn yn byw gyda hwy neu’n ymweld â hwy yn yr annedd yn llai tebygol o sicrhau contract meddiannaeth mewn cysylltiad â’r annedd neu’n llai tebygol o sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei barhau na phobl a fyddai heb blentyn yn byw gyda hwy neu’n ymweld â hwy. (2) Mae’n amddiffyniad i’r person perthnasol brofi bod yr ymddygiad yn fodd cymesur o gyflawni nod dilys. (3) Mae’n amddiffyniad i’r person perthnasol brofi bod darpar landlord yr annedd, neu berson a fyddai’n uwchlandlord mewn perthynas â’r annedd, wedi ei yswirio o dan gontract yswiriant— (a) nad yw adran 8H yn gymwys iddo, a (b) sy’n cynnwys teler sy’n ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd neu sy’n ei gwneud yn ofynnol i’r landlord gyfyngu’r amgylchiadau lle caniateir i ddeiliad contract wneud hynny, a bod yr ymddygiad yn fodd i atal y person sydd wedi ei yswirio rhag torri’r teler hwnnw.(4) Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar euogfarn ddiannod i ddirwy. 8B Gwahardd gwahaniaethu yn ymwneud â statws o ran budd-daliadau
(1) Mae’n drosedd i berson perthnasol, mewn perthynas ag annedd sydd i fod yn destun contract meddiannaeth— (a) ar y sail bod person yn hawlydd budd-daliadau neu y gallai fod yn hawlydd budd-daliadau, atal y person rhag— (i) ymholi a yw’r annedd ar gael i’w rhentu, (ii) cael mynediad at wybodaeth am yr annedd, (iii) gweld yr annedd er mwyn ystyried a ddylai geisio ei rhentu, neu (iv) sicrhau contract meddiannaeth mewn cysylltiad â’r annedd neu sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei barhau, neu (b) cymhwyso darpariaeth, maen prawf neu arfer er mwyn peri bod hawlyddion budd-daliadau yn llai tebygol o sicrhau contract meddiannaeth mewn cysylltiad â’r annedd neu’n llai tebygol o sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei barhau na phobl nad ydynt yn hawlyddion budd-daliadau. (2) Mae’n amddiffyniad i’r person perthnasol brofi bod darpar landlord yr annedd, neu berson a fyddai’n uwchlandlord mewn perthynas â’r annedd, wedi ei yswirio o dan gontract yswiriant— (a) nad yw adran 8H yn gymwys iddo, a (b) sy’n cynnwys teler sy’n ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract ar yr annedd rhag bod yn hawlydd budd-daliadau, a bod yr ymddygiad yn fodd i atal y person sydd wedi ei yswirio rhag torri’r teler hwnnw.(3) Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar euogfarn ddiannod i ddirwy. 8C Eithriad ar gyfer cyhoeddi hysbysiadau etc
Nid yw ymddygiad yn gyfystyr a throsedd o dan adran 8A(1) nac adran 8B(1) os nad yw ond yn cynnwys—(a) un neu ragor o’r pethau a ganlyn a wneir gan berson nad yw’n gwneud dim mewn perthynas â’r annedd sydd heb ei grybwyll yn y paragraff hwn— (i) cyhoeddi hysbysiadau neu ledaenu gwybodaeth; (ii) darparu cyfrwng y gall darpar landlord gyfathrebu drwyddo yn uniongyrchol â darpar ddeiliad contract; (iii) darparu cyfrwng y gall darpar ddeiliad contract gyfathrebu drwyddo yn uniongyrchol â darpar landlord, neu (b) pethau o ddisgrifiad, neu bethau a wneir gan berson o ddisgrifiad, a bennir at ddibenion yr adran hon mewn rheoliadau. 8D Parhau i dorri gwaharddiad ar ôl cosb benodedig
(1) Mae person yn cyflawni trosedd— (a) os oes hysbysiad cosb benodedig wedi ei roi i’r person o dan adran 13 am drosedd o dan y Rhan hon mewn perthynas ag annedd ac nad yw wedi ei dynnu’n ôl, a (b) os yw’r ymddygiad y rhoddwyd yr hysbysiad cosb benodedig mewn cysylltiad ag ef yn parhau mewn perthynas â’r annedd honno ar ôl diwedd y cyfnod o 28 o ddiwrnodau sy’n dechrau â’r dyddiad y rhoddwyd yr hysbysiad o dan adran 13. (2) Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar euogfarn ddiannod i ddirwy. 8E Ailadrodd tor gwaharddiad ar ôl cosb benodedig
(1) Mae person yn cyflawni trosedd— (a) os oes hysbysiad cosb benodedig wedi ei roi i’r person o dan adran 13 am drosedd o dan y Rhan hon ac nad yw wedi ei dynnu’n ôl, a (b) os yw’r person yn cyflawni trosedd arall o dan yr un adran o fewn y cyfnod o 5 mlynedd sy’n dechrau â’r dyddiad y rhoddwyd yr hysbysiad o dan adran 13. (2) Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar euogfarn ddiannod i ddirwy. 8F Telerau mewn uwchlesau yn ymwneud â phlant neu statws o ran budd-daliadau
(1) Nid yw teler mewn les ar fangre sy’n ffurfio annedd neu sy’n cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i denant o dan y les honno neu unrhyw is-les— (a) gwahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd, neu (b) cyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd, (ond mae’r les yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).(2) Nid yw is-adran (1) yn gymwys— (a) os yw’r gofyniad yn fodd cymesur o gyflawni nod dilys, neu (b) os yw’r landlord o dan y les neu uwchlandlord wedi ei yswirio o dan gontract yswiriant— (i) nad yw adran 8H yn gymwys iddo, a (ii) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd neu gyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd, a bod y gofyniad yn y les yn fodd i atal y sawl sydd wedi ei yswirio rhag torri’r teler hwnnw.(3) Nid yw teler mewn les ar fangre sy’n ffurfio annedd neu sy’n cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i denant o dan y les honno neu unrhyw is-les wahardd deiliad contract rhag bod yn hawlydd budd-daliadau (ond mae’r les yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall). (4) Nid yw is-adran (3) yn gymwys os yw’r landlord o dan y les neu uwchlandlord wedi ei yswirio o dan gontract yswiriant— (a) nad yw adran 8H yn gymwys iddo, a (b) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract rhag bod yn hawlydd budd-daliadau, a bod y gofyniad yn y les yn fodd i atal y sawl sydd wedi ei yswirio rhag torri’r teler hwnnw.(5) At ddibenion yr adran hon, mae telerau les yn cynnwys— (a) telerau unrhyw gytundeb sy’n ymwneud â’r les, a (b) unrhyw ddogfen neu gyfathrebiad oddi wrth y landlord sy’n rhoi neu’n gwrthod cydsyniad i isosod o dan y les i gategori neu ddisgrifiad o berson. 8G Telerau mewn morgeisi yn ymwneud â phlant neu statws o ran budd-daliadau
(1) Nid yw teler mewn morgais ar fangre sy’n ffurfio annedd neu sy’n cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i’r morgeisiwr— (a) gwahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd, neu (b) cyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd, (ond mae’r morgais yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).(2) Nid yw teler mewn morgais ar fangre sy’n ffurfio annedd neu sy’n cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i’r morgeisiwr wahardd deiliad contract rhag bod yn hawlydd budd-daliadau (ond mae’r morgais yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall). 8H Telerau mewn contractau yswiriant yn ymwneud â phlant neu statws o ran budd-daliadau
(1) Nid yw teler mewn contract yswiriant y mae’r adran hon yn gymwys iddo yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio— (a) gwahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd sy’n destun contract meddiannaeth, neu (b) cyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd sy’n destun contract meddiannaeth, (ond mae’r contract yswiriant yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).(2) Nid yw teler mewn contract yswiriant y mae’r adran hon yn gymwys iddo yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract annedd sy’n destun contract meddiannaeth rhag bod yn hawlydd budd-daliadau (ond mae’r contract yswiriant yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall). (3) Mae’r adran hon yn gymwys i gontractau yswiriant a wnaed neu yr estynnwyd eu cyfnod ar neu ar ôl y diwrnod y daw’r adran hon i rym. 8I Dim gwaharddiad ar roi ystyriaeth i incwm
Nid oes dim yn y Rhan hon yn gwahardd rhoi ystyriaeth i incwm person wrth ystyried a fyddai’r person hwnnw yn gallu fforddio talu rhent o dan gontract meddiannaeth.8J Dehongli Rhan 2A
(1) Yn y Rhan hon— mae i contract meddiannaeth (“occupation contract”) yr un ystyr ag yn Neddf Rhentu Cartrefi (Cymru) 2016 (dccc 1) (gweler adran 7 o’r Ddeddf honno); ystyr darpar ddeiliad contract (“prospective contract-holder”) yw person sy’n ceisio dod o hyd i annedd i’w rhentu o dan gontract meddiannaeth; ystyr darpar landlord (“prospective landlord”) yw person sy’n bwriadu gosod annedd o dan gontract meddiannaeth; ystyr hawlydd budd-daliadau (“benefits claimant”) yw person— (a) sydd â hawl i gael taliadau (gan gynnwys taliadau a wneir yn uniongyrchol i landlord) o dan Ddeddf Cyfraniadau a Budd-daliadau Nawdd Cymdeithasol 1992 neu Ddeddf Diwygio Lles 2012 neu yn rhinwedd y deddfau hynny, neu a fyddai â hawl o’r fath pe bai’r person yn dod yn ddeiliad contract o dan gontract meddiannaeth, (b) sydd â hawl i gael taliadau (gan gynnwys taliadau a wneir yn uniongyrchol i landlord) o dan neu yn rhinwedd Deddf Ceiswyr Gwaith 1995, Deddf Credyd Pensiwn y Wladwriaeth 2002, Deddf Credydau Treth 2002, Deddf Diwygio Lles 2007 neu Ddeddf Pensiynau 2014, (c) sy’n cael gostyngiad yn swm y dreth gyngor sy’n daladwy mewn perthynas â chartref presennol y person o dan gynllun a wneir gan awdurdod bilio o dan neu yn rhinwedd adran 13A o Ddeddf Cyllid Llywodraeth Leol 1992, neu (d) a fyddai â’r hawl i gael gostyngiad yn swm y dreth gyngor sy’n daladwy mewn perthynas â’r annedd o dan sylw o dan gynllun a wneir gan yr awdurdod bilio y mae’r annedd yn ei ardal o dan neu yn rhinwedd adran 13A o Ddeddf Cyllid Llywodraeth Leol 1992, pe bai’r person— (i) yn rhentu’r annedd o dan gontract meddiannaeth, a (ii) os yw gwneud cais yn rhagamod ar gyfer hawlio gostyngiad, yn gwneud cais i’r awdurdod bilio am ostyngiad o dan y cynllun; ystyr person perthnasol (“relevant person”), mewn perthynas â chontract meddiannaeth, yw— (a) y darpar landlord; (b) person sy’n gweithredu’n uniongyrchol neu’n anuniongyrchol ar ran y darpar landlord neu sy’n honni ei fod yn gweithredu’n uniongyrchol neu’n anuniongyrchol ar ran y darpar landlord; ystyr plentyn (“child”) yw person o dan 18 oed. (2) Yn y Rhan hon, mae cyfeiriad at wneud rhywbeth ar sail ffeithiau penodol yn cynnwys cyfeiriad at wneud hynny ar sail cred yn y ffeithiau hynny.
;(za) mewn perthynas â throsedd o dan Ran 2A neu o dan reoliadau o dan adran 46 neu 47 o Ddeddf Hawliau Rhentwyr 2024— (i) person sy’n landlord o dan gontract meddiannaeth neu sydd wedi bod yn landlord o dan gontract o’r fath; (ii) person sy’n ddeiliad contract o dan gontract meddiannaeth neu sydd wedi bod yn ddeiliad contract o dan gontract o’r fath; (iii) person sy’n berson perthnasol mewn perthynas â chontract meddiannaeth neu sydd wedi bod yn berson perthnasol mewn perthynas â chontract o’r fath; (zb) mewn perthynas â throsedd o dan unrhyw ddarpariaeth arall o’r Ddeddf hon—
(4A) Yn is-adran (4)— mae i contract meddiannaeth (“occupation contract”) yr un ystyr ag yn Neddf Rhentu Cartrefi (Cymru) 2016 (dccc 1) (gweler adran 7 o’r Ddeddf honno); mae i person perthnasol (“relevant person”) yr ystyr a roddir yn adran 8J.
;(3A) At ddibenion y Rhan hon fel y mae’n ymwneud â throseddau o dan Ran 2A neu o dan reoliadau o dan adran 46 neu 47 o Ddeddf Hawliau Rhentwyr 2024, mae awdurdod pwysau a mesurau lleol yn awdurdod gorfodi ychwanegol mewn perthynas â’r ardal y mae’n awdurdod pwysau a mesurau ar ei chyfer.
mae i awdurdod pwysau a mesurau lleol yr ystyr a roddir i “local weights and measures authority” gan adran 69(2) o Ddeddf Pwysau a Mesurau 1985.
43 Discrimination relating to children or benefits status: English language¶
(2A) Part 2A makes it an offence for a landlord or person acting or purporting to act on a landlord’s behalf to discriminate in relation to occupation contracts against persons who would have children live with or visit them or who are benefits claimants, and makes other provision about discrimination of that kind.
Part 2A — Prohibition of discrimination
8A Prohibition of discrimination relating to children
(1) It is an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract— (a) on the basis that a child would or may live with or visit a person at the dwelling if the dwelling were the person’s home, to prevent the person from— (i) enquiring whether the dwelling is available for rent, (ii) accessing information about the dwelling, (iii) viewing the dwelling in order to consider whether to seek to rent it, or (iv) obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or (b) to apply a provision, criterion or practice in order to make people who would have a child live with or visit them at the dwelling less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who would not. (2) It is a defence for the relevant person to prove that the conduct is a proportionate means of achieving a legitimate aim. (3) It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance— (a) to which section 8H does not apply, and (b) which contains a term which requires the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or requires the landlord to restrict the circumstances in which a contract-holder may do so, and the conduct is a means of preventing the insured from breaching that term.(4) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine. 8B Prohibition of discrimination relating to benefits status
(1) It is an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract— (a) on the basis that a person is or may be a benefits claimant, to prevent the person from— (i) enquiring whether the dwelling is available for rent, (ii) accessing information about the dwelling, (iii) viewing the dwelling in order to consider whether to seek to rent it, or (iv) obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or (b) to apply a provision, criterion or practice in order to make benefits claimants less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who are not benefits claimants. (2) It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance— (a) to which section 8H does not apply, and (b) which contains a term which requires the insured to prohibit a contract-holder of the dwelling from being a benefits claimant, and the conduct is a means of preventing the insured from breaching that term.(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine. 8C Exception for publication of advertisements etc
Conduct does not constitute an offence under section 8A(1) or section 8B(1) if it consists only of—(a) one or more of the following things done by a person who does nothing in relation to the dwelling that is not mentioned in this paragraph— (i) publishing advertisements or disseminating information; (ii) providing a means by which a prospective landlord can communicate directly with a prospective contract-holder; (iii) providing a means by which a prospective contract-holder can communicate directly with a prospective landlord, or (b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations. 8D Continuing breach of prohibition after fixed penalty
(1) A person commits an offence if— (a) a fixed penalty notice has been given to the person under section 13 for an offence under this Part in relation to a dwelling and has not been withdrawn, and (b) the conduct in respect of which the fixed penalty notice was given continues in relation to that dwelling after the end of the period of 28 days beginning with the date on which the notice under section 13 was given. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine. 8E Repeated breach of prohibition after fixed penalty
(1) A person commits an offence if— (a) a fixed penalty notice has been given to the person under section 13 for an offence under this Part and has not been withdrawn, and (b) the person commits another offence under the same section within the period of 5 years beginning with the date on which the notice under section 13 was given. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine. 8F Terms in superior leases relating to children or benefits status
(1) A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease to— (a) prohibit a contract-holder from having a child live with or visit them at the dwelling, or (b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling, (but the lease continues, so far as practicable, to have effect in every other respect).(2) Subsection (1) does not apply if— (a) the requirement is a proportionate means of achieving a legitimate aim, or (b) the landlord under the lease or a superior landlord is insured under a contract of insurance— (i) to which section 8H does not apply, and (ii) which contains a term which makes provision (however expressed) requiring the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or to restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling, and the requirement in the lease is a means of preventing the insured from breaching that term.(3) A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease to prohibit a contract-holder from being a benefits claimant (but the lease continues, so far as practicable, to have effect in every other respect). (4) Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance— (a) to which section 8H does not apply, and (b) which contains a term which makes provision (however expressed) requiring the insured to prohibit a contract-holder from being a benefits claimant, and the requirement in the lease is a means of preventing the insured from breaching that term.(5) For the purposes of this section, the terms of a lease include— (a) the terms of any agreement relating to the lease, and (b) any document or communication from the landlord that gives or refuses consent for sub-letting under the lease to a category or description of person. 8G Terms in mortgages relating to children or benefits status
(1) A term of a mortgage of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require the mortgagor to— (a) prohibit a contract-holder from having a child live with or visit them at the dwelling, or (b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling, (but the mortgage continues, so far as practicable, to have effect in every other respect).(2) A term of a mortgage of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require the mortgagor to prohibit a contract-holder from being a benefits claimant (but the mortgage continues, so far as practicable, to have effect in every other respect). 8H Terms in insurance contracts relating to children or benefits status
(1) A term of a contract of insurance to which this section applies is not binding to the extent that (but for this section) it would require the insured to— (a) prohibit a contract-holder from having a child live with or visit them at the dwelling subject to an occupation contract, or (b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling subject to an occupation contract, (but the insurance contract continues, so far as practicable, to have effect in every other respect).(2) A term of a contract of insurance to which this section applies is not binding to the extent that (but for this section) it would require the insured to prohibit a contract-holder of a dwelling that is subject to an occupation contract from being a benefits claimant (but the insurance contract continues, so far as practicable, to have effect in every other respect). (3) This section applies to contracts of insurance which were entered into or whose duration was extended on or after the day on which this section comes into force. 8I No prohibition on taking income into account
Nothing in this Part prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under an occupation contract.8J Interpretation of Part 2A
(1) In this Part— benefits claimant (“ceisydd budd-daliadau”) means a person who— (a) is entitled to payments (including payments made directly to a landlord) under or by virtue of the Social Security Contributions and Benefits Act 1992 or the Welfare Reform Act 2012, or would be so entitled were the person to become a contract-holder under an occupation contract, (b) is entitled to payments (including payments made directly to a landlord) under or by virtue of the Jobseekers Act 1995, the State Pension Credit Act 2002, the Tax Credits Act 2002, the Welfare Reform Act 2007 or the Pensions Act 2014, (c) is in receipt of a reduction in the amount of council tax payable in respect of the person’s current home under a scheme made by a billing authority under or by virtue of section 13A of the Local Government Finance Act 1992, or (d) would be entitled to a reduction in the amount of council tax payable in respect of the dwelling in question under a scheme made by the billing authority in whose area the dwelling is situated under or by virtue of section 13A of the Local Government Finance Act 1992, if the person were to— (i) rent the dwelling under an occupation contract, and (ii) if an application is a precondition of entitlement, apply to the billing authority for a reduction under the scheme; child (“plentyn”) means a person under the age of 18; occupation contract (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act); prospective contract-holder (“darpar ddeiliad contract”) means a person seeking to find a dwelling to rent under an occupation contract; prospective landlord (“darpar landlord”) means a person who proposes to let a dwelling under an occupation contract; relevant person (“person perthnasol”), in relation to an occupation contract, means— (a) the prospective landlord; (b) a person acting or purporting to act directly or indirectly on behalf of the prospective landlord. (2) In this Part a reference to doing something on the basis of particular facts includes reference to doing it on the basis of a belief in those facts.
;(za) in respect of an offence under Part 2A or under regulations under section 46 or 47 of the Renters’ Rights Act 2024— (i) a person who is or has been a landlord under an occupation contract; (ii) a person who is or has been a contract-holder under an occupation contract; (iii) a person who is or has been a relevant person in relation to an occupation contract; (zb) in respect of an offence under any other provision of this Act—
(4A) In subsection (4)— occupation contract (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act); relevant person (“person perthnasol”) has the meaning given in section 8J.
;(3A) For the purposes of this Part as it relates to offences under Part 2A or under regulations under section 46 or 47 of the Renters’ Rights Act 2024, a local weights and measures authority is an additional enforcement authority in relation to the area for which it is the local weights and measures authority.
local weights and measures authority has the meaning given by section 69(2) of the Weights and Measures Act 1985.
44 Amendment of short title of Renting Homes (Fees etc.) (Wales) Act 2019¶
Discriminatory terms¶
45 Amendments of Renting Homes (Wales) Act 2016 regarding discrimination¶
.(da) mae’n gwahardd landlordiaid rhag ymyrryd â hawl deiliaid contract i gael plant yn byw gyda hwy neu’n ymweld â hwy, neu i’ hawlio budd-daliadau,
Pennod 6A — Gwahardd gwahaniaethu yn erbyn pobl sydd â phlant neu sy’n hawlyddion budd-daliadau
54A Yr hawl i blant fyw yn yr annedd neu ymweld â hi
(1) Yn ddarostyngedig i is-adran (2), caniateir i ddeiliad y contract o dan gontract meddiannaeth ganiatáu i berson nad yw wedi cyrraedd 18 oed fyw yn yr annedd neu ymweld â hi. (2) Ni chaniateir i’r landlord o dan gontract meddiannaeth ymyrryd â hawl deiliad y contract o dan is-adran (1) na chyfyngu ar arfer yr hawl honno, oni bai bod yr ymyrryd neu'r cyfyngu yn fodd cymesur o gyflawni nod dilys. (3) Mae’r adran hon yn ddarpariaeth sylfaenol sydd wedi ei hymgorffori fel un o delerau pob contract meddiannaeth, ac eithrio pan fo’r landlord neu uwchlandlord wedi ei yswirio o dan gontract yswiriant— (a) nad yw adran 8H o Ddeddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019 yn gymwys iddo, a (b) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd y deiliad contract rhag bod â pherson nad yw wedi cyrraedd 18 oed yn byw gydag ef neu’n ymweld ag ef yn yr annedd neu gyfyngu’r amgylchiadau lle caniateir i ddeiliad y contract fod â pherson o’r fath yn byw gydag ef neu’n ymweld ag ef yn yr annedd. 54B Yr hawl i hawlio budd-daliadau
(1) Ni chaniateir i’r landlord o dan gontract meddiannaeth wahardd deiliad y contract rhag bod yn hawlydd budd-daliadau o fewn yr ystyr a roddir gan adran 8J o Ddeddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019. (2) Mae’r adran hon yn ddarpariaeth sylfaenol sydd wedi ei hymgorffori fel un o delerau pob contract meddiannaeth, ac eithrio pan fo’r landlord neu uwchlandlord wedi ei yswirio o dan gontract yswiriant— (a) nad yw adran 8H o Ddeddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019 yn gymwys iddo, a (b) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad y contract rhag hawlio taliadau a grybwyllir yn is-adran (1).
.Adran 54A Rhaid i L beidio ag ymyrryd â hawl D-C i fod â phersonau o dan 18 oed yn ymweld â’r annedd neu’n byw yno Adran 54B Rhaid i L beidio â gwahardd D-C rhag hawlio budd-daliadau lles
.(da) it prohibits landlords from interfering with contract-holders having children live with or visit them, or claiming benefits,
Chapter 6A — Prohibition of discrimination against people with children and benefits claimants
54A Right for children to live at or visit dwelling
(1) Subject to subsection (2), the contract-holder under an occupation contract may permit a person who has not reached the age of 18 to live in or visit the dwelling. (2) The landlord under an occupation contract must not interfere with or restrict the exercise of the contract-holder’s right under subsection (1), unless the interference or restriction is a proportionate means of achieving a legitimate aim. (3) This section is a fundamental provision which is incorporated as a term of all occupation contracts, except where the landlord or a superior landlord is insured under a contract of insurance— (a) to which section 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 does not apply, and (b) which contains a term which makes provision (however expressed) requiring the insured to prohibit the contract-holder from having a person who has not reached the age of 18 live with or visit them at the dwelling or to restrict the circumstances in which the contract-holder may have such a person live with or visit them at the dwelling. 54B Right to claim benefits
(1) The landlord under an occupation contract must not prohibit the contract-holder from being a benefits claimant within the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019. (2) This section is a fundamental provision which is incorporated as a term of all occupation contracts, unless the landlord or a superior landlord is insured under a contract of insurance— (a) to which section 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 does not apply, and (b) which contains a term which makes provision (however expressed) requiring the insured to prohibit the contract-holder from claiming payments mentioned in subsection (1).
.Section 54A L must not interfere with C-H's right to have persons under 18 visit or live at the dwelling Section 54B L must not prohibit C-H from claiming welfare benefits
Supplementary¶
46 Power of Welsh Ministers to protect others¶
47 Power of Secretary of State to protect others¶
The Secretary of State may by regulations make provision that the Welsh Ministers could make under section 46 but for the limitation in section 48.48 Regulations¶
Regulations under section 8C of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 (as inserted by this Act) or section 46 of this Act may only make provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.Chapter 5 — Discrimination in the rental market: Scotland¶
Discrimination and discriminatory terms: children and benefits status¶
49 Discrimination relating to children or benefits status¶
Part 1A — Choice of tenant
6A Offence of discriminating in relation to children
(1) It is an offence for a relevant person to, in relation to a property that is to be let on an agreement which may give rise to a private residential tenancy— (a) prevent a person, on the basis that the relevant person believes that the property would or may be used by a child if the property were the person’s home, from— (i) enquiring whether the property is available for let, (ii) accessing information about the property, (iii) viewing the property in order to consider whether to seek to rent it, or (iv) entering into a tenancy of the property, or (b) apply a provision, criterion or practice in order to make people who would allow the property to be used by a child less likely to enter into a tenancy of the property than people who would not. (2) It is a defence for the relevant person to show— (a) that the conduct is a proportionate means of achieving a legitimate aim, or (b) that the property is insured under an excluded contract of insurance and the conduct is a means of preventing the insured from breaching the term which causes the contract to be an excluded contract of insurance. (3) Conduct does not constitute an offence under subsection (1) if it consists only of— (a) things done by a person who does nothing in relation to the property other than one or more of the following things— (i) publishing advertisements or disseminating information, (ii) providing a means by which a prospective landlord can communicate directly with a prospective tenant, (iii) providing a means by which a prospective tenant can communicate directly with a prospective landlord, or (b) 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 Scottish Ministers. (4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) For the purpose of this section— (a) a property is used by a child if a child lives with or visits a person at the property, (b) a contract of insurance is an excluded contract of insurance if— (i) section 51 of the Renters’ Rights Act 2024 (terms in insurance contracts relating to children or benefits status) does not apply to it, and (ii) it contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a private residential tenancy from allowing a child to use the property, or to restrict the circumstances in which such a tenant may allow a child to do so. 6B Offence of discriminating in relation to benefits status
(1) It is an offence for a relevant person to, in relation to a property that is to be let on an agreement which may give rise to a private residential tenancy— (a) prevent a person, on the basis of the person’s benefits status, from— (i) enquiring whether the property is available for let, (ii) accessing information about the property, (iii) viewing the property in order to consider whether to seek to rent it, or (iv) entering into a tenancy of the property, or (b) apply a provision, criterion or practice in order to make people who are or who, if the property were their home, may become benefits claimants less likely to enter into a tenancy of the property than people who are not. (2) It is a defence for the relevant person to show that the property is insured under an excluded contract of insurance and the conduct is a means of preventing the insured from breaching the term which causes the contract to be an excluded contract of insurance. (3) Conduct does not constitute an offence under subsection (1) if it consists only of— (a) things done by a person who does nothing in relation to the property other than one or more of the following things— (i) publishing advertisements or disseminating information, (ii) providing a means by which a prospective landlord can communicate directly with a prospective tenant, (iii) providing a means by which a prospective tenant can communicate directly with a prospective landlord, or (b) 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 Scottish Ministers. (4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) For the purpose of this section— (a) something is done on the basis of a person’s benefits status if it is done on the basis that the relevant person believes that the person is, or may be or, if the property were the person’s home, may become a benefits claimant, (b) a contract of insurance is an excluded contract of insurance if— (i) section 51 of the Renters’ Rights Act 2024 (terms in insurance contracts relating to children or benefits status) does not apply to it, and (ii) it contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a private residential tenancy from being a benefits claimant. 6C Discriminatory terms relating to children or benefits status
(1) A term of a private residential tenancy is of no effect so far as the term makes provision (however expressed)— (a) prohibiting the tenant from having a child live with or visit the tenant at the property or restricting the circumstances in which the tenant may have a child do so, or (b) prohibiting the tenant from being a benefits claimant. (2) But— (a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, (b) subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance. (3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if— (a) section 51 of the Renters’ Rights Act 2024 (terms in insurance contracts relating to children or benefits status) does not apply to it, and (b) it contains a term which makes provision (however expressed) requiring the landlord— (i) to prohibit the tenant from having a child live with or visit the tenant at the property or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the property, or (ii) to prohibit the tenant from being a benefits claimant. 6D No prohibition on taking income into account
Nothing in this Part prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under a private residential tenancy.6E Interpretation of Part 1A
In this Part—benefits claimant means a person who— (a) is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or (b) is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a), benefits and welfare legislation means— (a) the Social Security Contributions and Benefits Act 1992, (b) the Jobseekers Act 1995, (c) the State Pension Credit Act 2002, (d) the Tax Credits Act 2002, (e) the Welfare Reform Act 2007, (f) the Welfare Reform Act 2012, (g) the Pensions Act 2014, (h) the Social Security (Scotland) Act 2018, child means a person under the age of 18, prospective landlord means a person who proposes to let a property on an agreement which may give rise to a private residential tenancy, prospective tenant means a person seeking to find a property to rent, relevant person, in relation to a property, means— (a) the prospective landlord, (b) a person acting or purporting to act directly or indirectly on behalf of the prospective landlord.
75A Crown application
(1) Nothing in Part 1A makes the Crown criminally liable. (2) But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable were it not for subsection (1). (3) Subsection (1) does not affect the criminal liability of persons in the service of the Crown.
26A Discriminatory terms relating to children or benefits status
(1) A term of an assured tenancy is of no effect so far as the term makes provision (however expressed)— (a) prohibiting the tenant from having a child live with or visit the tenant at the dwelling or restricting the circumstances in which the tenant may have a child do so, or (b) prohibiting the tenant from being a benefits claimant. (2) But— (a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, and (b) subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance. (3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if— (a) section 51 of the Renters’ Rights Act 2024 (terms in insurance contracts relating to children or benefits status) does not apply to it, and (b) it contains a term which makes provision (however expressed) requiring the landlord— (i) to prohibit the tenant from having a child live with or visit the tenant at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the dwelling, or (ii) to prohibit the tenant from being a benefits claimant. (4) In this section— benefits claimant means a person who— (a) is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or (b) is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a), benefits and welfare legislation means— (a) the Social Security Contributions and Benefits Act 1992, (b) the Jobseekers Act 1995, (c) the State Pension Credit Act 2002, (d) the Tax Credits Act 2002, (e) the Welfare Reform Act 2007, (f) the Welfare Reform Act 2012, (g) the Pensions Act 2014, (h) the Social Security (Scotland) Act 2018, child means a person under the age of 18.
101A Discriminatory terms relating to children or benefits status
(1) A term of a protected or statutory tenancy is of no effect so far as the term makes provision (however expressed)— (a) prohibiting the tenant from having a child live with or visit the tenant at the dwelling or restricting the circumstances in which the tenant may have a child do so, or (b) prohibiting the tenant from being a benefits claimant. (2) But— (a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, and (b) subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance. (3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if— (a) section 51 of the Renters’ Rights Act 2024 (terms in insurance contracts relating to children or benefits status) does not apply to it, and (b) it contains a term which makes provision (however expressed) requiring the landlord— (i) to prohibit the tenant from having a child live with or visit the tenant at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the dwelling, or (ii) to prohibit the tenant from being a benefits claimant. (4) In this section— benefits claimant means a person who— (a) is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or (b) is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a), benefits and welfare legislation means— (a) the Social Security Contributions and Benefits Act 1992, (b) the Jobseekers Act 1995, (c) the State Pension Credit Act 2002, (d) the Tax Credits Act 2002, (e) the Welfare Reform Act 2007, (f) the Welfare Reform Act 2012, (g) the Pensions Act 2014, (h) the Social Security (Scotland) Act 2018, child means a person under the age of 18.
50 Terms in standard securities relating to children or benefits status¶
51 Terms in insurance contracts relating to children or benefits status¶
Discrimination and discriminatory terms: power to protect others¶
52 Power of Scottish Ministers to protect others¶
53 Power of Secretary of State to protect others¶
The Secretary of State may by regulations make provision that the Scottish Ministers could make under section 52(1) but for the limitation in section 52(3)(b).Supplementary¶
54 Interpretation of Chapter 5¶
In this Chapter—Chapter 6 — Stating the proposed rent and rental bidding¶
55 Requirement to state rent and to avoid rental bidding¶
56 Financial penalties¶
Chapter 7 — Miscellaneous¶
57 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 £40,000. (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. (10) In this section and Schedule A1, “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.
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.
58 Abandoned premises under assured shorthold tenancies¶
In the Housing and Planning Act 2016, omit Part 3 (recovering abandoned premises under assured shorthold tenancies).59 Remedying of hazards occurring in dwelling-houses in England¶
;(1) This section applies to a lease of a dwelling-house in England if either of the following applies— (a) the lease is a lease for a term of less than 7 years, or (b) the lease is of a kind mentioned in section 13(1A), (1AA) or (1AB); but this is subject to subsection (1A).(1A) This section does not apply to any lease of a kind mentioned in section 14 (exceptions).
;(5A) For the purposes of subsection (1) it is immaterial that the lease also demises other property (which may consist of or include one or more other dwelling-houses). (5B) In determining for the purposes of subsection (1)(a) whether a lease is for a term of less than 7 years— (a) any part of the term falling before the grant or creation is to be ignored and the lease is to be treated as a lease for a term commencing with the grant or creation; (b) a lease which is determinable at the option of the lessor before the expiry of 7 years from the commencement of the term is to be treated as a lease for a term of less than 7 years; (c) a lease (other than one to which paragraph (b) applies) is not to be treated as a lease for a term of less than 7 years if it confers on the lessee an option for renewal for a term which, together with the original term, amounts to 7 years or more.
;lease does not include a mortgage term; lease of a dwelling-house means a lease by which a building or part of a building is let wholly or mainly as a private residence, and “dwelling-house” means that building or part of a building, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it; lessee means the person for the time being entitled to the term of a lease; lessor means the person for the time being entitled to the reversion expectant on a lease;
;(a) limit the application of section 10A by reference to leases or dwelling-houses of particular descriptions;
In section 39 (index of defined expressions), for the entry for “dwelling-house” substitute—
“dwelling-house—
(in the provisions relating to remedying of hazards)
section 10A
(in the provisions relating to repairing obligations)
60 Remedying of hazards occurring in accommodation in England occupied under licence¶
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.
Part 2 — Residential landlords¶
Chapter 1 — Meaning of “residential landlord”¶
61 Meaning of “residential landlord”¶
Chapter 2 — Landlord redress schemes¶
Landlord redress schemes¶
62 Landlord redress schemes¶
63 Approval and designation of landlord redress schemes¶
64 Financial penalties¶
65 Offences¶
66 Decision under a landlord redress scheme may be made enforceable as if it were a court order¶
67 Landlord redress schemes: no Crown status¶
A person exercising functions under a landlord redress scheme (other than the Secretary of State) is not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown or as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and any property held by such a person is not to be regarded as property of, or held on behalf of, the Crown.Guidance¶
68 Guidance for scheme administrator and local housing authority¶
Interpretation¶
69 Interpretation of Chapter 2¶
Related amendments¶
70 Housing activities under social rented sector scheme¶
7A Where the scheme provides for the housing ombudsman to be employed by the person administering the scheme, provision for the enforcement of directions given under paragraph 10(3)(b).
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 61 of the Renters' Rights Act 2024, and (b) is not a social landlord, from becoming a member of the scheme.
10 (1) The housing ombudsman for the purposes of an approved scheme is to be appointed by the Secretary of State on such terms as the Secretary of State thinks fit. (2) The Secretary of State may at any time remove a housing ombudsman from office. (3) In relation to an approved scheme which provides for the housing ombudsman to be employed by the person administering the scheme— (a) the reference in sub-paragraph (1) to the terms on which the housing ombudsman is appointed includes a reference to the terms of the housing ombudsman’s employment by that person; (b) the power of the Secretary of State under sub-paragraph (2) to remove a housing ombudsman from office includes power to give the person administering the scheme a direction in writing to cease to employ the individual who is housing ombudsman as housing ombudsman (and a direction under this paragraph may be revoked or varied by a further direction under this paragraph). (4) Where an approved scheme does not provide that it is to be administered by a body corporate— (a) the Secretary of State may by order provide that the housing ombudsman for the purposes of the scheme is to be a corporation sole, and (b) the staff to administer the scheme and otherwise assist the ombudsman in the discharge of functions are to be appointed and employed by the ombudsman. (5) Where an approved scheme provides that it is to be administered by a body corporate the Secretary of State may delegate functions under sub-paragraph (1) or (2) to the body administering the scheme. (6) A delegation under sub-paragraph (5) may specify— (a) the extent to which the functions are delegated; (b) any conditions to which the delegation is subject. (7) A delegation under sub-paragraph (5)— (a) must be in writing; (b) may be varied or revoked by the Secretary of State, in writing, at any time; (c) does not prevent the Secretary of State from exercising the functions. (8) A housing ombudsman is not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown or as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and any property held by a housing ombudsman is not to be regarded as property of, or held on behalf of, the Crown.
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 61 of the Renters' Rights Act 2024.
71 Other amendments connected with landlord redress schemes¶
Schedule 3 contains amendments connected with landlord redress schemes.72 Local Commissioners’ investigation of complaints by persons who are not tenants¶
In section 26 of the Local Government Act 1974, at the end of subsection (8) insert “unless—(a) the investigation is in respect of action described in paragraph 5A or 5B of that Schedule, and (b) the person affected is not an individual of a description whom a scheme approved under Schedule 2 to the Housing Act 1996 (investigation of social housing complaints by housing ombudsman) provides may make a complaint under that scheme in respect of that action.
Chapter 3 — The Private Rented Sector Database¶
The database and the database operator¶
73 The database¶
74 The database operator¶
Landlord and dwelling entries¶
75 Making entries in the database¶
76 Requirement to keep active entries up-to-date¶
77 Circumstances in which active entries become inactive and vice versa¶
78 Verification, correction and removal of entries¶
79 Fees for landlord and dwelling entries¶
Marketing, advertising and letting¶
80 Restrictions on marketing, advertising and letting dwellings¶
Entries relating to banning orders, offences, financial penalties, etc.¶
81 Entries relating to banning orders, offences, financial penalties, etc.¶
Further duties of database operator¶
82 Allocation of unique identifiers¶
83 Other duties¶
Access to and use of information in database¶
84 Access to the database¶
85 Disclosure by database operator etc¶
86 Use of information from the database¶
Removal of entries¶
87 Removal of entries from database¶
Enforcement¶
88 Restriction on gaining possession¶
(5ZB) The court may not make an order for possession of a dwelling-house while the landlord (or, in the case of joint landlords, any of the joint landlords) is in breach of section 80(3)(a) of the Renters' Rights Act 2024 in relation to the dwelling-house, unless the ground for possession is Ground 7A in Part 1 of Schedule 2 to this Act or Ground 14 in Part 2 of that Schedule.
89 Financial penalties¶
90 Offences¶
Final provisions¶
91 Power to direct database operator and local housing authorities¶
92 Entries under section 81: minor and consequential amendments¶
(4) In relation to rogue landlords, see also the database established under section 73 of the Renters' Rights 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' Rights 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' Rights Act 2024 (see sections 61 and 97(2) 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 97(3) to (7) 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' Rights 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' Rights Act 2024 (see sections 61 and 97(2) 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 97(3) to (7) of that Act).
93 Different provision for different purposes: joint landlords¶
The different provision that may be made in regulations under this Chapter by virtue of section 137(1)(b) includes different provision for joint landlords, for example provision for or in relation to a single landlord entry in respect of joint landlords.94 Interpretation of Chapter 3¶
Chapter 4 — Part 2: supplementary provision¶
95 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.96 Rent repayment orders for offences under the Housing Act 1988 and sections 65 and 90 of this Act¶
;2A Housing Act 1988 section 16J(1) Knowingly or recklessly misusing a possession ground 2B section 16J(2) Breach of restriction on letting or marketing dwelling-house 2C section 16J(3) Tenancy reform: continuing breaches
.8 Renters' Rights Act 2024 section 65(1) Landlord redress schemes: continuing breaches 9 section 90(1) Private rented sector database: provision of false or misleading information 10 section 90(2) (but only if the penalty imposed relates to a breach of a requirement imposed by section 80(3)) Private rented sector database: continuing breaches
(2A) The requirement in subsection (2)(a) does not apply to an application for a rent repayment order in relation to an offence under section 16J(1) or (2) of the Housing Act 1988.
(d) whether the landlord has at any time had a rent repayment order made against them.
(d) whether the landlord has at any time had a rent repayment order made against them.
;(3) Condition 2 is that the order is made against a landlord in relation to an offence (the “relevant offence”) where the landlord has at any time (whether or not in relation to the same tenancy or housing)— (a) been convicted of another offence which is the same offence as the relevant offence, (b) received a financial penalty in respect of another offence which is the same offence as the relevant offence, or (c) had a rent repayment order made against them in respect of another offence which is the same offence as the relevant offence.
(4A) For the purposes of subsection (3), an offence under section 72(1) of the Housing Act 2004 is to be treated as the same offence as an offence under section 95(1) of that Act (and vice versa).
97 Interpretation of Part 2¶
Part 3 — Decent homes standard¶
98 Decent homes standard¶
(3A) This Part also provides— (a) for regulations to specify requirements that must be met in England by qualifying residential premises, and (b) for the enforcement of those requirements by local housing authorities in England.
(e) accommodation in England— (i) the availability for occupation of which is secured under Part 7 of the Housing Act 1996 (homelessness), and (ii) that is of a description specified by regulations made by the Secretary of State.
(4A) Before making regulations under subsection (4)(e)(ii), the Secretary of State must consult such persons as the Secretary of State considers appropriate. (4B) The requirement to consult under subsection (4A) may be satisfied by consultation before (as well as after) the passing of the Renters’ Rights Act 2024.
Additional standards for certain housing in England
2A Power to set standards for qualifying residential premises
(1) The Secretary of State may by regulations specify requirements to be met by qualifying residential premises. (2) The matters which may be covered by the requirements include (but are not limited to) the following matters— (a) the state of repair of the premises, (b) things to be provided for use by, or for the safety, security or comfort of, persons occupying the premises, and (c) the means of keeping the premises at a suitable temperature. (3) The requirements are to consist of one or both of the following— (a) requirements which the Secretary of State considers appropriate to be subject to enforcement under section 5 (duty of local housing authorities to take enforcement action), referred to in this Part as “type 1 requirements”, and (b) requirements which the Secretary of State considers appropriate to be subject to enforcement under section 7 (power of local housing authorities to take enforcement action), referred to in this Part as “type 2 requirements”. (4) The regulations may contain exceptions from the requirements. 2B Qualifying residential premises
(1) The following are “qualifying residential premises” for the purposes of this Part— (a) a dwelling or HMO in England— (i) which is let under a relevant tenancy, or (ii) which is supported exempt accommodation, except where the dwelling or HMO is social housing and the landlord under the tenancy, or the provider of the accommodation, is a registered provider of social housing,(b) an HMO in England where at least one unit of accommodation which forms part of the HMO is let on a relevant tenancy, except where the unit is social housing and the landlord under the tenancy is a registered provider of social housing, (c) a building or 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 or is supported exempt accommodation, except where the accommodation which those persons occupy is social housing and the landlord under the tenancy, or the provider of the supported exempt accommodation, is a registered provider of social housing,(d) any accommodation falling within paragraph (e) of the definition of “residential premises” in section 1(4) (homelessness), except where the accommodation is social housing and the provider of the accommodation is a registered provider of social housing, and (e) any common parts of a building in England containing one or more flats falling within paragraph (a), (b), (c) or (d) of this subsection. (2) In this Part— relevant tenancy means— (a) an assured tenancy within the meaning of the Housing Act 1988, (b) an assured agricultural occupancy within the meaning of Part 1 of that Act, or (c) a regulated tenancy within the meaning of the Rent Act 1977; social housing has the same meaning as in Part 2 of the Housing and Regeneration Act 2008; supported exempt accommodation has the same meaning as in the Supported Housing (Regulatory Oversight) Act 2023 (see section 12 of that Act). (3) The Secretary of State may by regulations amend this section so as to change the meaning of “relevant tenancy” so as to add or remove a particular kind of— (a) tenancy that is periodic or granted for a term of less than 21 years, or (b) licence to occupy. (4) Before making regulations under subsection (3), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
Part 4 — Enforcement¶
Chapter 1 — Sanctions¶
99 Financial penalties¶
Schedule 5 makes provision about—100 Rent repayment orders: liability of landlords and superior landlords¶
(1) This Chapter confers power on the First-tier Tribunal to make a rent repayment order where an offence to which this Chapter applies has been committed by— (a) a landlord under a tenancy of housing in England, or (b) any superior landlord in relation to such a tenancy. (2) A rent repayment order is an order requiring the landlord to— (a) pay a tenant an amount in respect of rent paid by or on behalf of the tenant, or (b) pay a local housing authority an amount in respect of a relevant award of universal credit paid (to any person) in respect of rent under the tenancy.
(d) section 46A (where an order is made against more than one landlord or there has been a previous order).
46A Amount of order: supplementary
(1) A rent repayment order made against more than one landlord must provide for the landlords to be jointly and severally liable for the amount due under the order. (2) If a rent repayment order (“the original order”) has been made in respect of rent under a tenancy and another rent repayment order (“the new order”) is made in respect of rent under the same tenancy, the new order may not require payment to be made in respect of any period in respect of which the original order required payment to be made.
(3) In the case of an application for a rent repayment order made, or to be made, against a superior landlord— (a) references in this Chapter to the landlord are to be read as references to the superior landlord, and (b) housing in relation to which the person in question is a superior landlord is to be treated for the purposes of this Chapter as let by that person.
101 Rent repayment orders: liability of directors etc¶
In the Housing and Planning Act 2016, after section 51 insert—51A Landlord which is body corporate: liability of directors etc
(1) This section applies where— (a) a landlord which is a body corporate has committed an offence to which this Chapter applies, and (b) the offence— (i) was committed with the consent or connivance of a relevant person in relation to the body corporate, or of a person purporting to act in the capacity of a relevant person in relation to the body corporate, or (ii) was a specified offence and was attributable to any neglect on the part of such a person. (2) That person, as well as the body corporate, is treated for the purposes of this Chapter as having committed the offence. (3) In this Chapter a reference to the landlord includes that person. (4) In this section— relevant person means— (a) in relation to a body corporate other than one the affairs of which are managed by its members, a director, manager, secretary or other similar officer of the body; (b) in relation to a body corporate the affairs of which are managed by its members, a member who exercises functions of management with respect to it; specified offence means an offence under— (a) section 1(2) of the Protection from Eviction Act 1977; (b) section 16J(2) or (3) of the Housing Act 1988; (c) section 30(1), 32(1), 72(1) or 95(1) of the Housing Act 2004; (d) section 21 of this Act; (e) section 65(1) or 90(2) of the Renters' Rights Act 2024.
102 Unlicensed HMOs and houses: offences¶
(1) If an HMO is required to be licensed under this Part (see section 61(1)) but is not so licensed, an offence is committed by— (a) any person within subsection (1A), and (b) any person who as landlord under a tenancy or licensor under a licence to occupy has an estate or interest in, or a right in relation to, the HMO that is superior (whether directly or indirectly) to the estate, interest or right of any person within subsection (1A). (1A) The following are within this subsection— (a) any person having control of or managing the HMO, and (b) any person who is the landlord or licensor in relation to a person occupying the HMO under a tenancy or licence.
(4A) In proceedings against a person for an offence under subsection (1)(a) it is a defence for them to prove that they had a reasonable excuse— (a) for having control of or managing the HMO, or (b) for being the landlord or licensor in relation to a person occupying the HMO under a tenancy or licence, in circumstances in which the HMO was required to be licensed under this Part but was not so licensed.(4B) In proceedings against a person for an offence under subsection (1)(b) it is a defence for them to prove that they— (a) did not know, and had a reasonable excuse for not knowing, that the building or part of the building concerned was an HMO, (b) took all reasonably practicable steps to ensure that the HMO was licensed under this Part, or (c) had some other reasonable excuse for failing to ensure that the HMO was so licensed.
(1) If a house is required to be licensed under this Part (see section 85(1)) but is not so licensed, an offence is committed by— (a) any person within subsection (1A), and (b) any person who as landlord under a tenancy or licensor under a licence to occupy has an estate or interest in, or a right in relation to, the house that is superior (whether directly or indirectly) to the estate, interest or right of any person within subsection (1A). (1A) The following are within this subsection— (a) any person having control of or managing the house; (b) any person who is the landlord or licensor in relation to a person occupying the house under a tenancy or licence.
(3A) In proceedings against a person for an offence under subsection (1)(a) it is a defence for them to prove that they had a reasonable excuse— (a) for having control of or managing the house, or (b) for being the landlord or licensor in relation to a person occupying the house under a tenancy or licence, in circumstances in which the house was required to be licensed under this Part but was not so licensed.(3B) In proceedings against a person for an offence under subsection (1)(b) it is a defence for them to prove that they— (a) did not know, and had a reasonable excuse for not knowing, that the house was one to which this Part applies, (b) took all reasonably practicable steps to ensure that the house was licensed under this Part, or (c) had some other reasonable excuse for failing to ensure that the house was so licensed.
103 Service of improvement notices on landlords and licensors¶
In Schedule 1 to the Housing Act 2004 (procedure and appeals relating to improvement notices), in paragraph 2(2)—(c) (in either case) if the premises or any part of them are let under a tenancy that is periodic or was granted for a term of 21 years or less, or are occupied under a licence— (i) the landlord or licensor; (ii) any superior landlord or licensor.
Chapter 2 — Enforcement authorities¶
104 Enforcement by local housing authorities: general duty¶
105 Enforcement by local housing authorities: duty to notify¶
106 Enforcement by county councils: duty to notify¶
107 Duty to report¶
108 Lead enforcement authority¶
109 General duties and powers of lead enforcement authority¶
110 Enforcement by the lead enforcement authority¶
Chapter 3 — Investigatory powers¶
Investigatory powers under this Act¶
111 Power of local housing authority to require information from relevant person¶
Here is the list—
sections 1 and 1A of the Protection from Eviction Act 1977;
Chapter 1 of Part 1 of the Housing Act 1988;
sections 21 to 23 of the Housing and Planning Act 2016;
112 Power of local housing authority to require information from any person¶
In this Chapter “the rented accommodation legislation” means—
sections 1 and 1A of the Protection from Eviction Act 1977;
Chapter 1 of Part 1 of the Housing Act 1988;
Parts 1 to 4 and 7 of the Housing Act 2004 so far as relating to qualifying residential premises within the meaning given by section 2B of that Act;
sections 21 to 23 of the Housing and Planning Act 2016;
113 Enforcement of power to require information from any person¶
114 Limitation on use of information provided under section 112¶
115 Business premises: entry without warrant¶
116 Duties where occupiers are on business premises entered without warrant¶
117 Business premises: warrant authorising entry¶
118 Business premises: entry under warrant¶
119 Power to require production of documents following entry¶
120 Power to seize documents following entry¶
121 Access to seized documents¶
122 Appeal against detention of documents¶
123 Suspected residential tenancy: entry without warrant¶
124 Duties where occupiers are on residential premises entered without warrant¶
125 Suspected residential tenancy: warrant authorising entry¶
A justice of the peace may issue a warrant authorising an officer of a local housing authority who is named in the warrant to enter premises in England that are specified in the warrant if the justice of the peace is satisfied, on written information on oath given by that officer—126 Suspected residential tenancy: entry under warrant¶
127 Powers of accompanying persons¶
A person who accompanies an officer of a local housing authority entering premises under, or under a warrant under, this Chapter—128 Offences¶
129 Investigatory powers: interpretation¶
Amendments¶
130 Additional powers of seizure under Criminal Justice and Police Act 2001¶
In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001, at the end insert—Renters' Rights Act 2024
73W Each of the powers of seizure conferred by section 119(1)(b) and section 120 of the Renters' Rights Act 2024.
131 Use by local housing authority of certain information¶
.(aa) for a purpose connected with the exercise of the authority’s functions under or by virtue of Part 7 in relation to any qualifying residential premises within the meaning given by section 2B, (ab) for a purpose connected with the authority’s functions under or by virtue of the following in relation to any premises—
sections 1 and 1A of the Protection from Eviction Act 1977,
Chapter 1 of Part 1 of the Housing Act 1988,
sections 21 to 23, 41 and 133 to 135 of the Housing and Planning Act 2016,
Chapter 3 of Part 1 and Part 2 of the Renters' Rights Act 2024.
.(aa) for any purpose connected with the exercise of any of the authority’s functions under or by virtue of Part 7 in relation to any qualifying residential premises within the meaning given by section 2B, (ab) for any purpose connected with any of the authority’s functions under or by virtue of the following in relation to any premises—
sections 1 and 1A of the Protection from Eviction Act 1977,
Chapter 1 of Part 1 of the Housing Act 1988,
sections 21 to 23, 41 and 133 to 135 of the Housing and Planning Act 2016,
Chapter 3 of Part 1 and Part 2 of the Renters' Rights Act 2024.
132 Investigatory powers under the Housing Act 2004¶
;(aa) for any purpose connected with the exercise of any of the authority’s functions under this Part in relation to any qualifying residential premises within the meaning given by section 2B,
(5A) In relation to any qualifying residential premises within the meaning given by section 2B, notice need not be given to a person who has waived the requirement to give notice.
133 Client money protection schemes: investigatory powers of local authorities¶
In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 (duties and powers to which Schedule 5 applies), at the appropriate place insert—.regulations 5 and 8 of the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019
Part 5 — General¶
134 Interpretation¶
In this Act—135 Crown application¶
136 Application to Parliament¶
137 Regulations¶
138 Power of Welsh Ministers to make consequential provision¶
139 Power of Scottish Ministers to make consequential provision¶
140 Power of Secretary of State to make consequential provision¶
141 Extent¶
142 Commencement¶
143 Existing assured tenancies to continue as section 4A assured tenancies¶
144 Fixed term assured tenancy and statutory periodic tenancy to be treated as single assured tenancy¶
145 Transitional provision¶
146 Short title¶
This Act may be cited as the Renters' Rights Act 2024.Schedules¶
Schedule 13 — Changes to grounds for possession¶
Introductory¶
Amendments of Ground 1: occupation by landlord or family¶
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.
New ground for sale of dwelling-house¶
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.
New ground for possession after rent-to-buy agreement¶
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.
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 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 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 grounds for possession in cases where there is a superior lease¶
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 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.
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.
Repeal of Ground 3: holiday accommodation¶
Amendments of Ground 4: student accommodation¶
(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.
New ground for possession of student accommodation for occupation by students¶
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 relevant date falls within the period beginning with 1 June and ending with 30 September in any year, and (e) 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 (e), 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.
Amendment of Ground 5: ministers of religion¶
(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.
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.
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 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.
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 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.
New ground for possession of stepping stone accommodation¶
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.
Amendments of Ground 6: redevelopment¶
.(aa) 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, and (ab) if the landlord seeking possession is a relevant social landlord and is the person intending to carry out the work, the 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 an intention to carry out work mentioned in this ground, and
Table
Landlord seeking possession
Tenancy
Landlord intending to redevelop
a relevant social landlord
a tenancy of a dwelling-house that was granted pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996
a superior landlord
a relevant social landlord
a tenancy of the dwelling-house that was not granted pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996
(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.
New ground for possession to allow compliance with enforcement action¶
Ground 6A
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.
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.
Power to amend Schedule 2 and new interpretation provisions¶
Part 5 — 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 — Powers to amend Grounds 2ZA, 2ZC, 5C, 5H 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 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 6A in which that ground may be relied on or remove any situations added by virtue of this sub-paragraph; (f) 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 — Amendments relating to Chapter 1 of Part 1¶
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951¶
(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.;
Greater London Council (General Powers) Act 1973¶
(aa) assured tenancy means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988;.
Housing Act 1985¶
Landlord and Tenant Act 1985¶
Agricultural Holdings Act 1986¶
;(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 agricultural tenancy (“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).
Housing Act 1988¶
(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 under paragraph (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.
Local Government and Housing Act 1989¶
Housing Act 1996¶
Capital Allowances Act 2001¶
Police Reform Act 2002¶
Homelessness Act 2002¶
;(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).
Finance Act 2003¶
Anti-social Behaviour Act 2003¶
Housing Act 2004¶
(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.
.(aa) 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;
(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.
Housing and Regeneration Act 2008¶
Localism Act 2011¶
Deregulation Act 2015¶
Immigration Act 2016¶
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' Rights Act 2024 (c. ).
Homelessness Reduction Act 2017¶
Schedule 35 — Amendments connected with landlord redress schemes¶
Local Government Act 1974¶
(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.
(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 62 of the Renters' Rights Act 2024) A complaint under a landlord redress scheme The person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme
(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.
(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.
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 62(2) of the Renters' Rights Act 2024;
Housing Act 1996¶
(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 62(2) of the Renters' Rights Act 2024; (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.
Government of Wales Act 1998¶
Public Services Ombudsman (Wales) Act 2005¶
Localism Act 2011¶
Building Safety Act 2022¶
(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 62(2) of the Renters' Rights Act 2024.
Leasehold and Freehold Reform Act 2024¶
Schedule 46 — Decent homes standard¶
Part 1 — Amendments of Housing Act 2004¶
(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).
(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.
.(aa) in the case of qualifying residential premises, that the premises may not meet the requirements specified by regulations under section 2A, or
(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.
.(aa) that any qualifying residential premises in their district fail to meet the requirements specified by regulations under section 2A, or
(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.
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.
.(a) a category 2 hazard exists on residential premises, or (b) qualifying residential premises fail to meet a type 2 requirement.
(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.
(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).
.(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
(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.
(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.
(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.
(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.
(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”.
(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).
.(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;
(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.
(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.
(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.
(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.
(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.
(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.
(9) A notice under this section in respect of residential premises in Wales is to be known as a “hazard awareness notice”.
(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.
(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.
(9) A notice under this section in respect of residential premises in Wales is to be known as a “hazard awareness notice”.
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.
(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).
(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.
(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).
, and
(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.
.(za) regulations under sections 2A and 2B(3),
Schedule A17 — 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 2024 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.
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).
, and(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— 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.(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, (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— 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.(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)), (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).
(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.
,(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— 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.(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, (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— 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.(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)), (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).
(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 improvement notice are required to be served by paragraph 1(2A) or 2(2A).
Part 2 — Amendments of other Acts¶
Land Compensation Act 1973¶
Housing Act 1985¶
Housing and Regeneration Act 2008¶
Deregulation Act 2015¶
Housing and Planning Act 2016¶
Tenant Fees Act 2019¶
.(ca) the activities of a superior landlord in relation to such a tenancy,
Schedule 58 — 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 69 — Application of Chapter 1 of Part 1 to existing tenancies: transitional provision¶
Tenancies which become periodic on the commencement date¶
Section 1: start of deemed rent period for existing tenancies¶
;(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
Section 2: tenancy remains an assured shorthold tenancy until disposal of section 21 notice given prior to commencement date¶
(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 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 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 143 of the Renters' Rights Act 2024.
.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;
Section 4(2)(g): saving of section 7(7) in relation to tenancies where fixed term ends before commencement date¶
Section 7: no effect on rent increases before commencement date¶
Sections 12, 13 and 15: provision of information in writing¶
Section 15: no liability in respect of conduct before commencement date¶
Section 19: no effect on notice to quit given before commencement date¶
Section 23: existing opt-out notices for assured agricultural occupancies¶
Section 25: tenancy deposits¶
Section 26: tenant fees¶
Schedule 1: student accommodation ground¶
;(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 143 of the Renters' Rights Act 2024), 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,
For the purposes of the conditions in paragraphs (b), (c) and (e), 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.
Schedule 1: stepping stone accommodation ground¶
Schedule 1: redevelopment ground¶
Existing tenancies subject to possession notice¶
.commencement date means the date on which, by virtue of paragraph 15 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;