Renters’ Rights Act 2025

Part 1 — Tenancy reform

Chapter 1 — Assured tenancies

End of certain kinds of assured tenancy

Assured tenancies to be periodic with rent period not exceeding a month

1

In the 1988 Act, before section 5 insert—

(4A) (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 × 30.42$ where— 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.

Abolition of assured shorthold tenancies

2

In the 1988 Act—

• (a) omit section 6A (demotion to assured shorthold tenancy because of anti-social behaviour);

• (b) omit Chapter 2 of Part 1 (assured shorthold tenancies).

Grounds for possession

Changes to grounds for possession

3

• (1) Schedule 1 contains amendments of Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let on assured tenancies).

• (2) In section 7 of the 1988 Act (orders for possession)—

• (a) in subsection (3), for “subsections (5A) and (6)” substitute “the following provisions of this section”;

• (b) in subsection (4) omit “, subject to subsections (5A) and (6) below,”;

• (c) in subsection (5) omit the words from “and Part IV” to the end”;

• (d) after subsection (5) insert—

(5ZA) The court may not make an order for possession of a dwelling-house on any of Grounds 1 to 5H or Ground 6A where— (a) a smallholding was previously let to the tenant under a tenancy to which the Agricultural Holdings Act 1986 applies (“the agricultural tenancy”), (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”), (c) the assured tenancy was granted immediately after the agricultural tenancy came to an end, and (d) 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. (5ZB) The court may not make an order for possession of a dwelling-house let on an assured tenancy on any of Grounds 1 to 5H or Ground 6A where, on the basis of the proposed let of the dwelling-house on that tenancy, the dwelling-house was deemed to be suitable alternative accommodation under paragraph 1(c) of Part 4 of Schedule 2 to the Housing Act 1985 for the purposes of section 84(2)(b) and (c) of that Act.

;

• (e) in subsection (5A)—

• (i) in paragraph (a), for “, 2, 5” substitute “to 5H, 6A, 6B”

• (ii) omit paragraph (b) (but not the “and” at the end).

• (f) after subsection (5A) insert—

(5B) The court may not make an order for possession of a dwelling-house let on an assured tenancy granted in accordance with section 554(3)(c) (before its repeal) or (ca) of the Housing Act 1985 on any of Grounds 1 to 5H or Ground 6A. (5C) In relation to the making of an order for possession of a dwelling-house let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989, Ground 6 is to apply as if— (a) in paragraph (b), the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy” were omitted; (b) in the general redevelopment conditions, paragraph (f) was omitted; (c) in the landlord’s acquisition condition, in paragraph (a), the reference to the grant of the tenancy is a reference to the grant of the long residential tenancy which existed immediately before the assured periodic tenancy arose. (5D) 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. (5E) In subsection (5C), a reference to a “long residential tenancy” is a reference to a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies.

• (g) omit subsections (6), (6A), (6B) and (7).

• (3) In section 8 of the 1988 Act (notice of proceedings for possession)—

• (a) in subsection (1)(a) for “(4B)” substitute “(4AA)”;

• (b) in subsection (3)(b) for “(3A) to (4B)” substitute “(4) to (4AA)”;

• (c) omit subsection (3A);

• (d) in subsection (4)—

• (i) for “Ground 14” substitute “either or both of Grounds 7A and 14”;

• (ii) after “whether” insert “with or”;

• (iii) omit “or with any ground other than Ground 7A”;

• (e) for subsections (4A) and (4B) substitute—

(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, 6B	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 service of the notice
4, 7B, 12, 13, 14ZA, 14A, 15, 17	two weeks beginning with the date of service of the notice

;

• (f) after subsection (5) insert—

(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.

;

• (g) omit subsection (6).

• (4) After section 8 of the 1988 Act insert—

(8ZA) (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.

• (5) After section 11 of the 1988 Act insert—

(11A) (1) This section applies where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6B 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 6B being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6B being available).

Possession for anti-social behaviour: relevant factors

4

In the 1988 Act, in section 9A—

• (a) in subsection (2), after paragraph (c) insert—

(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.

;

• (b) after subsection (2) insert—

(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).

Form of notice of proceedings for possession

5

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

Statutory procedure for increases of rent

6

• (1) Section 13 of the 1988 Act (increases of rent) is amended in accordance with subsections (2) to (8).

• (2) In the heading for “periodic tenancies” substitute “tenancies other than relevant low-cost tenancies”.

• (3) For subsection (1) substitute—

(1) This section applies to any assured tenancy other than a relevant low-cost tenancy.

• (4) In subsection (2)—

• (a) in paragraph (a), for “the minimum period” substitute “two months”;

• (b) in paragraph (b)—

• (i) for the words before sub-paragraph (i) substitute “either”;

• (ii) after sub-paragraph (i) insert “or”;

• (c) in paragraph (c)—

• (i) in the words before sub-paragraph (i), after “below” insert “, either”;

• (ii) after sub-paragraph (i) insert “or”.

• (5) Omit subsection (3).

• (6) In subsection (4)—

• (a) in paragraph (a), for “by an application in the prescribed form refers the notice to the appropriate tribunal” substitute “applies to the appropriate tribunal under section 14(A3)”;

• (b) in paragraph (b) for “variation of the rent which is different from” substitute “new rent which is lower than”.

• (7) After subsection (4) insert—

(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.

• (8) Omit subsection (5).

• (9) After section 13 of the 1988 Act insert—

(13A) (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) 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.

Challenging amount or increase of rent

7

• (1) Section 14 of the 1988 Act (determination of rent by tribunal) is amended in accordance with subsections (2) to (9).

• (2) In the title, after “of” insert “open-market”.

• (3) Before subsection (1) insert—

(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).

• (4) In subsection (1)—

• (a) for the words from the beginning to “that section,” substitute “Where an application is made under subsection (A1) or (A3),”;

• (b) for paragraphs (a) and (b) substitute—

(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

;

• (c) in paragraph (c) for “notice” substitute “application”;

• (d) omit paragraph (d) and the “and” before it.

• (5) In subsection (3)—

• (a) in the words before paragraph (a)—

• (i) omit the words from “in relation to” to “above,”;

• (ii) for “notice”, in the second place it occurs, substitute “application”;

• (b) in paragraphs (a) and (b) for “service of the notice” substitute “the application”.

• (6) In subsection (3A)—

• (a) in the words before paragraph (a), for the words from “on” to “served,” substitute “of the application”;

• (b) in paragraph (a), for “that notice was served” substitute “the application was made”.

• (7) Omit subsections (6) and (7).

• (8) In subsection (8) omit “of a rent for a dwelling-house”.

• (9) Omit subsection (9).

• (10) After section 14 of the 1988 Act insert—

(14ZA) (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) (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) The Secretary of State may by regulations make provision so as to substitute, in relation to relevant tenancies, a different date as the effective date. (7) The effective date may not be earlier than the beginning of the new period specified in the notice served on the tenant under section 13(2) or 13A(2). (8) Regulations under subsection (6)— (a) may amend this section; (b) may make different provision for different purposes; (c) may make supplemental, consequential, incidental, transitional, transitory or saving provision; (d) are to be made by statutory instrument. (9) A statutory instrument containing regulations under subsection (6) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (10) In this section— - “the appropriate amount in respect of rates” has the meaning given by section 14ZA(6); - “the effective date” means a date for the time being specified in subsection (3)(b) as the date from which the rent payable takes effect; - “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); - “relevant tenancies” means tenancies in relation to which an application under section 14(A3) is made on or after the date on which the regulations under subsection (6) come into force.

• (11) Omit sections 14A and 14B of the 1988 Act.

Prohibition of rent in advance after lease entered into (except initial rent)

8

In the 1988 Act, after section 4A (inserted by section 1 of this Act) insert—

(4B) (1) Terms of an assured tenancy which provide for when rent is due are of no effect so far as they provide for rent to be due in advance. (2) But subsection (1) does not apply— (a) to a tenancy entered into before the commencement date (which has the same meaning as in section 146(3) of the Renters’ Rights Act 2025), (b) to an excepted tenancy, or (c) to terms of any other assured tenancy so far as they provide for initial rent to be due during the permitted pre-tenancy period. (3) Where terms of an assured tenancy providing for when the rent for a rent period is due are of no effect by virtue of this section, the tenancy has effect as if it provided for the rent for that rent period to be due on the substitute rent day for that rent period. (4) In a case where the terms of the tenancy (after taking account of section 4A) are such that— (a) one or more of the periods of the tenancy will be compliant rent periods, and (b) the compliant rent periods have a regular pattern, the regular rent day which falls during a rent period is the “substitute rent day” for the rent period. (5) In any other case, the first day of a rent period is the “substitute rent day” for the rent period. (6) The compliant rent periods of a tenancy “have a regular pattern” if those periods meet the following two conditions— (a) all of the compliant rent periods will be the same length (and, for this purpose, all periods of one month are the same length); (b) the rent for all of the compliant periods will be due— (i) on the same day during each of the periods (such as the same day of the week in a weekly period or the same date in the month in a monthly period), or (ii) on the same description of day during each of the periods (such as the last day, or first weekday, of a period); and that day, or day of that description, is the “regular rent day”. (7) The condition in subsection (6)(a) is met even if the first period of the tenancy is of a different length from all the other compliant periods; and, in such a case, the condition in subsection (6)(b) is met even if the rent for the first period of the tenancy is due on a different day, or description of day, from all the other compliant periods. (8) For provision enabling a holding deposit to be used to pay initial rent due during the permitted pre-tenancy period, see Schedule 2 to the Tenant Fees Act 2019. (9) The Secretary of State may, by regulations, amend this section for the purpose of making provision about the descriptions of rent due in advance to which subsection (1) does not apply. (10) Regulations under subsection (9)— (a) may make different provision for different purposes; (b) are to be made by statutory instrument. (11) A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (12) In this paragraph— - “compliant rent period”: a rent period is a compliant rent period if the rent for the period is due during the period — and, in determining this, the effect of this section on when rent is due must be disregarded; - “due in advance”, in relation to rent, means due before the rent period for which it is payable; - “excepted tenancy” means— an assured tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) if the landlord is a private registered provider of social housing; an assured tenancy granted pursuant to Part 7 of the Housing Act 1996 (homelessness); - “initial rent” means rent that is payable for— the first rent period, or any later rent period which ends during the initial 28 day period; and here “initial 28 day period” means the period of 28 days beginning with the first day of the first rent period; - “permitted pre-tenancy period” means the period that— begins when the tenancy is entered into, and ends with the day before the first day of the tenancy; - “regular rent day” has the meaning given in subsection (6)(b); - “rent period” means a period for which rent is payable under the assured tenancy; - “substitute rent day” means the day determined in accordance with subsection (4) or (5).

Prohibition of rent in advance before lease entered into

9

• (1) Schedule 1 to the Tenant Fees Act 2019 (permitted payments) is amended in accordance with subsections (2) and (3).

• (2) After paragraph 1(1) (rent is a permitted payment) insert—

(1A) But a payment of rent is a prohibited payment if— (a) it is payable before the tenancy is entered into, and (b) the tenancy is an assured tenancy. (1B) This paragraph is subject to paragraph 1A.

• (3) For sub-paragraph (2) of paragraph 1 substitute—

(1A) (1) If the amount of rent payable in respect of any relevant period (“P1”) is more than the amount of rent payable in respect of any later relevant period (“P2”), the additional amount payable in respect of P1 is a prohibited payment. (2) That is subject to the following provisions of this paragraph.

• (4) After section 5 of the Tenant Fees Act 2019 insert—

(5A) (1) A landlord must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England, or (c) accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (2) A landlord must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or (c) accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (3) A letting agent must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England, or (c) accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (4) A letting agent must not— (a) invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, (b) accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or (c) accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England. (5) The Secretary of State may, by regulations made by statutory instrument, amend this section for the purpose of making provision about the descriptions of rent due in advance to which any provision of subsection (1), (2), (3) or (4) applies. - For this purpose “rent due in advance” means rent due before the period for which it is payable. (6) Regulations under subsection (5)— (a) may make different provision for different purposes; (b) may make supplemental, incidental, consequential, transitional, transitory or saving provision; (c) are to be made by statutory instrument. (7) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (8) In this section “prohibited pre-tenancy payment of rent” means a payment of rent that is prohibited by paragraph 1(1A) of Schedule 1. (5B) (1) A term of an agreement between a letting agent and a relevant person which breaches section 5A is not binding on a relevant person. (2) Where a term of an agreement is not binding on a relevant person as a result of this section, the agreement continues, so far as practicable, to have effect in every other respect.

• (5) The Tenant Fees Act 2019 is further amended as follows—

• (a) in section 6 (enforcement by local weights and measures authorities)—

• (i) in subsection (1), in paragraph (b) omit “and” and after that paragraph insert—

(ba) section 5A (pre-tenancy payments of rent: prohibitions), and

;

• (ii) in subsection (3), for “or 2” substitute “, 2 or 5A”;

• (b) in section 7 (enforcement by district councils), in subsection (1), for “and 2” substitute “, 2 and 5A”;

• (c) in section 8 (financial penalties), in subsection (1), for “or 2” substitute “, 2 or 5A”;

• (d) in section 10 (recovery by enforcement authority of amount paid)—

• (i) in subsection (1)(a), for “or 2” substitute “, 2 or 5A”;

• (ii) after subsection (2) insert—

(2A) But that obligation to pay the amount, or remaining part, of the prohibited payment is subject to subsection (3), unless it is a case where the payment is prohibited by paragraph 1(1A) of Schedule 1 (pre-tenancy payment of rent).

;

• (iii) in subsection (3), for “But subsection (2) does not apply in relation to a prohibited payment” substitute “Subsection (2) does not apply in relation to the prohibited payment”;

• (e) in section 15 (recovery by relevant person of amount paid), in subsection (1)(a), for “or 2” substitute “, 2 or 5A”.

Repayment of rent paid for days after end of tenancy

10

In the 1988 Act, after section 14ZB (inserted by section 7 of this Act) insert—

(14ZC) (1) A person who paid rent 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.

Right to request permission to keep a pet

11

• (1) In the 1988 Act, after section 16 insert—

(16A) (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) (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.

• (2) In section 45(1) of the 1988 Act, in the appropriate place insert—

• “pet” means an animal kept by a person mainly for— personal interest, companionship, ornamental purposes, or any combination of paragraphs (a) to (c);

Duties of landlords etc

Duty of landlord and contractor to give statement of terms etc

12

In the 1988 Act, after section 16B (inserted by section 11 of this Act) insert—

(16D) (1) This section applies to an assured tenancy other than a tenancy granted by implication, after an implied surrender of a previous assured 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, 6A 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) to (7), 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) In any other case where a tenancy becomes a tenancy to which this section applies, the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the tenancy becomes an assured tenancy. (8) 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. (9) Regulations under this section— (a) may make different provision for different purposes; (b) are to be made by statutory instrument. (10) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Other duties

13

• (1) In the 1988 Act, after section 16D (inserted by section 12 of this Act) insert—

(16E) (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, 6A 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) (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, or (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). (3) Subsection (4) applies where the relevant person relies on Ground 1A and— (a) before the assured tenancy was entered into, a relevant person had given the tenant under the assured tenancy (“T”) a written statement that the landlord under that tenancy (“L”) is a shared owner of the dwelling-house and that section 16E(2) or (3) might not apply to a subsequent letting, or grant of a licence, of the dwelling-house (because of this subsection and subsection (4)), (b) when the assured tenancy was entered into, L was a shared owner of the dwelling-house, and (c) before the date specified in the notice as mentioned in section 8(3)(b), a relevant person had given the landlord under the shared ownership lease of the dwelling-house a written statement that L intends to assign L’s interest under that shared ownership lease. (4) Section 16E(2) or (3) does not prohibit a relevant person from carrying out a controlled activity if— (a) before the relevant person carries out that activity— (i) the dwelling-house has been valued by a member of the Royal Institution of Chartered Surveyors in connection with the assignment of L’s interest under the shared ownership lease, or (ii) L has advertised, or made an arrangement under which another person has advertised, that the dwelling-house is or may be available for acquisition by way of the assignment of L’s interest under the shared ownership lease, and (b) when the relevant person carries out that activity, L is a shared owner of the dwelling-house. (5) In subsections (3) and (4)— - “controlled activity” means an activity that would (if subsection (4) did not apply) be prohibited by section 16E(2) or (3); - “shared owner”, in relation to a dwelling-house, means a person— who is the tenant of the dwelling-house under a shared ownership lease, and whose share in the premises demised by the lease is less than 100%; and for this purpose, the tenant’s share in the premises demised is the tenant’s initial share in those premises, plus any additional share or shares in those premises which the tenant has acquired; - “shared ownership lease” means a lease— granted on payment of a premium calculated by reference to a percentage of the value of the premises demised by the lease or of the cost of providing them, or under which the tenant (or the tenant’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of those premises. (16G) (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.

• (2) The Secretary of State may, by regulations, repeal section 16F(3) to (5) of the 1988 Act.

Landlords acting through others

14

In the 1988 Act, after section 16G (inserted by section 13 of this Act) insert—

(16H) 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

Landlords etc: financial penalties and offences

15

In the 1988 Act, after section 16H (inserted by section 14 of this Act) insert—

(16I) (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 (8) 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) (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 or16K 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) (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) (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.

Financial penalties: procedure, appeals and enforcement

16

In the 1988 Act, after Schedule 2 insert—

Schedule 2ZA (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. (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”). (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. (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. (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. (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. (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

Duties of landlords etc, penalties and offences: interpretation

17

In the 1988 Act, after section 16L (inserted by section 15 of this Act) insert—

(16M) (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— is an authorised person in relation to a reserved legal activity for the purposes of that Act, or 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)— purports to be a notice under section 8, or 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— the landlord, a person acting on behalf of the landlord otherwise than as a legal representative, or a person purporting to act on behalf of the landlord. (2) For the purposes of 16D to 16La 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.

No criminal liability of the Crown under Part 1 of 1988 Act

18

In section 44 of the 1988 Act (application of Part 1 of that Act to Crown property)—

• (a) in subsection (1), for “subsection (2)” substitute “subsections (1A) and (2)”;

• (b) after subsection (1) insert—

(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.

Guarantor not liable for rent payable after tenant’s death

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In the 1988 Act, after section 16M (inserted by section 17 of this Act) insert—