Renters’ Rights Act 2025

(16N) (1) This section applies where— (a) an individual (the “guarantor”) is a party to an arrangement (the “guarantee”) under which the individual guarantees payment by the tenant of rent under an assured tenancy (“guaranteed rent”), and (b) the guarantor became a party to the guarantee on or after the commencement date. (2) If— (a) only one person is the tenant under the assured tenancy, and (b) that person dies, the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that person. (3) If— (a) two or more persons are the tenant under the assured tenancy, and (b) all of those persons die, the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the deaths of those persons (if they all die on the same day) or beginning with the death of the last of those persons to die (if they do not all die on the same day). (4) If— (a) two or more persons are the tenant under the assured tenancy, (b) the guarantor is a family member of only one of those persons, and (c) that family member of the guarantor dies, the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that family member. (5) If— (a) two or more persons are the tenant under the assured tenancy, (b) the guarantor is a family member of more than one of those persons, and (c) all of those family members of the guarantor die, the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the deaths of those family members (if they all die on the same day) or beginning with the death of the last of those family members to die (if they do not all die on the same day). (6) For the purposes of this section, the guaranteed rent for the period beginning with the death of a person, or with the deaths of two or more persons, is— (a) guaranteed rent which— (i) is for the rent period during which the person dies or persons die (the “relevant rent period”), and (ii) is attributable to the time after the death of the person or persons, and (b) guaranteed rent for every rent period after the relevant rent period. (7) For that purpose, the guaranteed rent for the relevant rent period which is attributable to the time after the death of the person or persons is the amount calculated in accordance with this formula— $$D T × R$ where— D is the total number of days in the relevant rent period which fall on and after the day of the death of the person or persons; T is the total number of days in the relevant rent period; R is the guaranteed rent for the relevant rent period.$ (16P) (1) Section 16N applies to a guarantee— (a) whether or not it is in writing; (b) if it is in writing, whether or not it is in the lease; (c) whether or not it also guarantees the payment of any sum other than the rent. (2) In section 16N and this section— - “commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025; - “family member” is to be read in accordance with subsections (3) and (4); - “rent period” means a period for which rent is payable. (3) For the purposes of section 16N, the guarantor is a family member of the following persons— (a) the spouse, civil partner or co-habitee of the guarantor; (b) a person who is— (i) a child, (ii) a grandchild, (iii) a parent, (iv) a grandparent, (v) a sibling, (vi) a niece or nephew, (vii) an aunt or uncle, or (viii) a cousin, of the guarantor or of the spouse, civil partner or co-habitee of the guarantor; (c) a person who is the spouse, civil partner or co-habitee of a person falling within paragraph (b). (4) If, in accordance with subsection (3), a person (F)— (a) is a family member of the guarantor when the guarantee is entered into, or (b) becomes a family member of the guarantor after the guarantee is entered into, F is to be regarded as being a family member of the guarantor at all times afterwards (regardless of whether F continues to be so in accordance with subsection (3)). (5) For the purposes of this section— (a) one person (C) is the “co-habitee” of another person (P) if P lives with C as if they were married or in a civil partnership; (b) a “niece or nephew” of a person (P) is a child— (i) of a sibling of P, or (ii) of a person who is the spouse, civil partner or co-habitee of a sibling of P; (c) an “aunt or uncle” of a person (P) is a sibling of a parent of P; (d) a “cousin” of a person (P) is a child— (i) of an aunt or uncle of P, or (ii) of a person who is the spouse, civil partner or co-habitee of an aunt or uncle of P; (e) “sibling” includes a sibling of the half-blood and a step-sibling.

Other changes

Notices to quit by tenants under assured tenancies: timing

20

• (1) Section 5 of the Protection from Eviction Act 1977 (notices to quit) is amended as follows.

• (2) In subsection (1), for paragraph (b) substitute—

(b) it satisfies subsection (1ZA).

• (3) After subsection (1) insert—

(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). (1ZB) In the case of a joint assured tenancy, an agreement under subsection (1ZA)(a)(i) is not valid unless it is made between the landlord and all of the tenants. (1ZC) That does not affect the validity of any notice to quit premises let under a joint assured tenancy that is given by only one or some of the tenants. (1ZD) In this section “joint assured tenancy” means an assured tenancy where two or more persons are tenants under the tenancy.

Notices to quit by tenants under assured tenancies: other

21

After section 5 of the Protection from Eviction Act 1977 insert—

(5A) (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. (4) In the case of a joint assured tenancy, an agreement under subsection (3) is not valid unless it is made between the landlord and all of the tenants. (5) That does not affect the validity of any notice to quit premises let under a joint assured tenancy that is given by only one or some of the tenants. (6) In this section “joint assured tenancy” means an assured tenancy where two or more persons are tenants under the tenancy.

Limitation on obligation to pay removal expenses

22

• (1) Section 11 of the 1988 Act (payment of removal expenses) is amended as follows.

• (2) In the heading, after “expenses” insert “by social landlords”.

• (3) Before subsection (1) insert—

(A1) This section applies to a dwelling-house let on an assured tenancy if— (a) the landlord is a relevant social landlord, and (b) the dwelling-house is social housing.

• (4) In subsection (1), for “a dwelling-house let on an assured tenancy on Ground 6 or Ground 9” substitute “the dwelling-house on Ground 6, 6A or 9”.

• (5) After subsection (1) insert—

(1A) If the court makes the order for possession on Ground 6 in circumstances where— (a) the additional RSL condition is met, and (b) that condition is met in case B (alternative accommodation provided temporarily until other alternative accommodation becomes available), the landlord must also pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the alternative accommodation provided temporarily.

• (6) In subsection (2), after “(1)” insert “or (1A)”.

• (7) After subsection (3) insert—

(4) In this section— - “relevant social landlord” means— a private registered provider of social housing, a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996, a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010, or a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity; - “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.

Assured agricultural occupancies: grounds for possession

23

In section 25 of the 1988 Act (security of tenure in relation to assured agricultural occupancies)—

• (a) omit subsection (1);

• (b) in subsection (2)—

• (i) for “Part II” substitute “Part 1”;

• (ii) for “Ground 16” substitute “Grounds 2ZA to 2ZD, 5A and 5C”.

Assured agricultural occupancies: opting out etc

24

• (1) The 1988 Act is amended as follows.

• (2) In section 24 (assured agricultural occupancies), after subsection (1) insert—

(1A) Subsection (1) has effect subject to section 24A(1) (opting out).

• (3) In subsection (2)(a) of that section omit “which is not an assured shorthold tenancy”.

• (4) In subsection (3) of that section, for “shall be treated as if it were such a tenancy” substitute “, and every opted-out tenancy, is to be treated as if it were an assured tenancy”.

• (5) After that section insert—

(24A) (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.

Accommodation for homeless people: duties of local authority

25

• (1) The Housing Act 1996 is amended as follows.

• (2) In section 193 (duty to persons with priority need who are not homeless intentionally)—

• (a) in subsection (1A), omit paragraph (b) (exception for notice of refusal to co-operate) and the “or” before it;

• (b) in subsection (6) omit paragraph (cc);

• (c) in subsection (7AB) omit paragraph (c) and the “and” before it;

• (d) in subsection (7AC)—

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

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

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

• (3) In section 193C (consequences of deliberate and unreasonable refusal to co-operate) omit subsections (3) to (10) (homelessness relief duty).

• (4) Omit section 195A (duty to offer accommodation following re-application after private sector offer).

Tenancy deposit requirements

26

• (1) Chapter 4 of Part 6 of the Housing Act 2004 (tenancy deposit schemes) is amended as follows.

• (2) In section 212—

• (a) in subsection (1), for “shorthold” substitute “assured”;

• (b) in subsection (2), for “shorthold” substitute “assured”;

• (c) in subsection (8)—

• (i) at the appropriate place insert—

• “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 2025);

• (ii) omit the definition of “shorthold tenancy”;

• (iii) in the definition of “tenancy deposit”, for “a shorthold” substitute “an assured”;

• (d) in subsection (9), in paragraph (a), for “shorthold” substitute “assured”.

• (3) In section 213, in each place it occurs, for “a shorthold” substitute “an assured”.

• (4) In section 214—

• (a) in subsection (1)—

• (i) for “a shorthold” substitute “an assured”;

• (ii) omit “on or after 6 April 2007”;

• (b) after subsection (1) insert—

(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 2025; - “the commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025.

;

• (c) in subsection (5), for “a shorthold” substitute “an assured”.

• (5) For section 215 substitute—

(215) (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 11 of Schedule 6 to the Renters’ Rights Act 2025 (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 2025; - “the commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025; - “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).

• (6) Omit section 215A.

• (7) In section 215B—

• (a) in the title, for “Shorthold” substitute “Assured”;

• (b) in subsection (1)—

• (i) in paragraph (a) for “a shorthold” substitute “an assured”;

• (ii) in paragraph (d) for “shorthold” substitute “assured”.

• (8) Omit section 215C.

• (9) In Schedule 10—

• (a) for “shorthold tenancies”, in each place it occurs, substitute “assured tenancies”;

• (b) for “a shorthold tenancy”, in each place it occurs, substitute “an assured tenancy”.

Tenant fees

27

• (1) The Tenant Fees Act 2019 is amended as follows.

• (2) Omit section 17.

• (3) In section 28(1) (interpretation)—

• (a) for the definition of “assured shorthold tenancy” substitute—

• “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 2025);

;

• (b) omit the definition of “long lease”;

• (c) in the definition of “tenancy”, for paragraph (a) substitute—

1. an assured tenancy other than a tenancy of social housing,

.

• (4) In section 32 (Crown application), in subsection (3)(b), for “assured shorthold tenancy” substitute “assured tenancy”.

• (5) In Schedule 3 (financial penalties etc), in paragraph 12(3)(a), for “assured shorthold tenancy” substitute “assured tenancy”.

Other amendments

Liability of tenants under assured tenancies for council tax

28

In section 6(6) of the Local Government Finance Act 1992, in the definition of “material interest”—

• (a) for “or a” substitute “, a”;

• (b) after “more” insert “or a tenancy that is or was previously an assured tenancy within the meaning of the Housing Act 1988”.

Other amendments

29

Schedule 2 contains amendments relating to this Chapter.

Powers of Secretary of State

Powers of Secretary of State in connection with Chapter 1

30

• (1) The Secretary of State may by regulations amend provision made by or under an Act passed before or later in the same session as this Act so that the provision has effect in relation to periodic assured tenancies in a manner that corresponds or is similar to the manner in which it had effect immediately before the commencement date in relation to—

• (a) fixed term assured tenancies, or

• (b) assured shorthold tenancies.

• (2) The Secretary of State may by regulations amend provision made by or under an Act passed before or later in the same session as this Act so that the provision has effect, in relation to a ground in Schedule 2 to the 1988 Act as amended by this Act, in a manner that corresponds or is similar to the manner in which it had effect immediately before the commencement date in relation to any ground in that Schedule.

• (3) The amendments that may be made under subsection (1)(b) include any to ensure that provision applying immediately before the commencement date in relation to notices under section 21 of the 1988 Act applies on and after that day, with or without modifications, in relation to notices under section 8 of that Act.

• (4) The transitional provision that may be included in regulations under subsection (1) or (2) by virtue of section 140(1)(a) includes provision for pre-application instruments which the Secretary of State considers do not (or will not) operate appropriately as a result of any provision of the regulations to—

• (a) have effect with specified modifications, or

• (b) cease to have effect (in whole or in part).

• (5) For the purposes of subsection (4)—

• (a) “pre-application instrument” means an agreement or other instrument entered into—

• (i) before the regulations come into force, or

• (ii) when or after they come into force under a contract entered into before then or by the acceptance of an offer made before then;

• (b) the circumstances in which the Secretary of State may consider that a pre-application instrument does not operate appropriately as a result of regulations under subsection (1) or (2) include (but are not limited to) those in which—

• (i) as a result of any provision of the regulations, provision made by the instrument is to any extent spent, obsolete, unnecessary or otherwise not of practical utility;

• (ii) as a result of any provision of the regulations, it is unclear what the effect is of provision made by the instrument;

• (iii) as a result of any provision of the regulations, a person may be placed in breach of obligations arising under the instrument or made subject to more burdensome obligations under the instrument;

• (iv) the instrument makes direct or indirect reference to any enactment as it had effect before being amended by the regulations.

• (6) Regulations made by virtue of subsection (4) must provide that they do not prevent—

• (a) the variation or revocation of provision modified by the regulations, or

• (b) the re-making of provision that has ceased to have effect as a result of the regulations.

• (7) Regulations made by virtue of subsection (4) may apply to an instrument as it has effect in relation to times before the coming into force of the regulations but after the commencement date.

• (8) Nothing in this Chapter limits the provision that may be made by regulations under this section.

• (9) Nothing in this section limits the provision that may be made in regulations under Part 5.

• (10) In this section—

• “assured shorthold tenancy” is to be read in accordance with Part 1 of the 1988 Act as it had effect immediately before the commencement date;

• “the commencement date” has the meaning given by section 146(3).

Chapter 2 — Tenancies that cannot be assured tenancies

Long tenancies and financial services products

31

• (1) In Part 1 of Schedule 1 to the 1988 Act (tenancies which cannot be assured tenancies), after paragraph 3C insert—

(3D) A fixed term tenancy of a term certain of more than 21 years from the date of the grant of the tenancy. (3E) (1) A tenancy of a term certain of— (a) 21 years or less, but (b) more than 7 years, from the date of the grant of the tenancy. (2) This paragraph applies only to tenancies entered into— (a) before the day on which the Renters’ Rights Act 2025 was passed, (b) during the period of two months beginning with that day, or (c) after the end of that period under a contract entered into before the end of that period. (3F) (1) A tenancy which, when it is granted, forms part of a regulated home purchase plan. (2) In this paragraph “regulated home purchase plan” has the same meaning that it has from time to time in regulation 63F(3)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544). (3) The Secretary of State may, by regulations, amend this paragraph in consequence of an order made under section 22 of the Financial Services and Markets Act 2000. (4) Regulations under this paragraph— (a) may make different provision for different purposes; (b) are to be made by statutory instrument. (5) 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.

• (2) In section 133 of the 1988 Act (consent required for certain subsequent disposals), in subsection (11)(f), for “4” substitute “3D”.

• (3) In the Landlord and Tenant Act 1985—

• (a) in section 9B (leases to which section 9A of that Act applies), in subsection (1)(b)—

• (i) after “subsection (1A)” insert “, (1AA)”;

• (ii) for the words from “leases” to “more” substitute “certain leases to which section 11 applies”;

• (b) in section 13 (leases to which section 11 of that Act applies: general rule)—

• (i) after subsection (1) insert—

(1AZA) But that is subject to subsections (1ZA) to (1ZC).

;

• (ii) in subsection (1ZA), for “But in” substitute “In”;

• (iii) after subsection (1ZB) insert—

(1ZC) Section 11 does not apply to a lease of a dwelling-house in England which— (a) was an assured tenancy immediately before the commencement date (which has the meaning given by section 146(3) of the Renters’ Rights Act 2025), and (b) was granted— (i) for a term of seven years or more, and (ii) by a person other than a private registered provider of social housing.

;

• (iv) in subsection (1A) omit paragraph (b) and the word “or” preceding it;

• (v) after subsection (1A) insert—

(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.

;

• (vi) in subsection (1B), for “In subsection (1A)” substitute “In this section”.

• (4) In paragraph 1 of Schedule 10 to the Local Government and Housing Act 1989 (security of tenure on ending of long residential tenancies), in sub-paragraph (1)(a) after “low rent” insert “and were not for a term of more than seven years”.

• (5) Where, immediately before the day on which this section comes into force, proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section of that Act have been commenced in relation to a tenancy and have not been concluded, or have not been commenced but have not become time-barred—

• (a) the tenancy remains an assured tenancy, and the notice remains valid, until any time when such proceedings in reliance on the notice become time-barred or are concluded, and

• (b) until that time the amendments made by subsections (1) and (4) do not apply in relation to the tenancy.

• (6) For the purposes of subsection (5), proceedings are “time-barred” after the time limit mentioned in section 8(3)(c) of the 1988 Act.

Accommodation for homeless people or students

32

• (1) 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,”.

• (2) In Schedule 1 to the 1988 Act, paragraph 8 (lettings to students that are not assured tenancies) is amended as follows—

• (a) for sub-paragraph (1) substitute—

(1) A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution if— (a) the tenancy is granted— (i) by that institution, (ii) by another specified educational institution, or (iii) by a specified body of persons, or (b) either of the following is a member of a specified housing management code of practice— (i) a person appointed to act on the landlord’s behalf in respect of the tenancy; (ii) a person appointed to discharge management functions in respect of the building which comprises the dwelling-house or in which the dwelling-house is situated. (1A) Subsection (1) is subject to sub-paragraphs (2B) to (2D) and (5) to (7).

;

• (b) after sub-paragraph (2) insert—

(2A) Regulations under sub-paragraph (2) may, in particular, specify as a body of persons— (a) the members, or (b) a class of the members, from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2). (2B) The Secretary of State may by regulations made by statutory instrument— (a) specify a class of building, and (b) provide that a tenancy— (i) does not fall within this paragraph if the dwelling-house is in a building of the specified class, or (ii) falls within this paragraph only if the dwelling-house is in a building of the specified class. (2C) The Secretary of State may by regulations made by statutory instrument— (a) specify a student landlord or a class of student landlord, (b) specify a class of building in relation to the specified student landlord or specified class of student landlord, and (c) provide that, where the landlord is the specified student landlord, or a student landlord of the specified class, the tenancy— (i) does not fall within this paragraph if the dwelling-house is in the specified class of building, or (ii) falls within this paragraph only if the dwelling-house is in the specified class of building. (2D) The Secretary of State may by regulations made by statutory instrument— (a) specify a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building or a class of such persons, (b) specify a class of building in relation to the specified person or specified class of persons, and (c) provide that a tenancy— (i) does not fall within this paragraph if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons, or (ii) falls within this paragraph only if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons. (2E) Regulations under sub-paragraph (2B)(a) or (2C)(b) or (2D)(b) may, in particular, specify as a class of building— (a) the buildings, or (b) a class of the buildings, from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (1)(b), (2B)(a) or (2C)(b). (2F) Regulations under sub-paragraph (2C)(a) may, in particular, specify as a class of student landlord— (a) the members, or (b) a class of the members, from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2C)(a).

;

• (c) in sub-paragraph (3), for “the power conferred by sub-paragraph (2) above” substitute “a power conferred by this section”;

• (d) after sub-paragraph (3) insert—

(4) Regulations under this paragraph— (a) may make different provision for different purposes; (b) may make supplemental, consequential, incidental, transitional, transitory or saving provision. (5) The question of whether or not a tenancy is within this paragraph is to be determined by reference to the circumstances at the time when the tenancy is granted. (6) A change in the circumstances after that time does not affect whether or not a tenancy is within this paragraph, except in a case where— (a) the tenant is entitled to possession of the dwelling-house at a time after the tenancy was granted, and (b) at the time when the tenant is entitled to possession— (i) condition A is met (see sub-paragraph (8)), (ii) condition B is met (see sub-paragraphs (9) and (10)), or (iii) both of those conditions are met. (7) In such a case, the tenancy ceases to fall within this paragraph (and accordingly this paragraph ceases to prevent the tenancy from being an assured tenancy) at the time when the tenant is entitled to possession. (8) Condition A is met if— (a) the tenancy was exempt solely by reference to a code of practice, but (b) at the time when the tenant is entitled to possession of the dwelling-house, the landlord’s interest under the lease does not attract the exemption under this paragraph. (9) Condition B is met if— (a) at the time when the tenancy was granted— (i) regulations under sub-paragraph (2B), (2C) or (2D) were in force, but (ii) those regulations did not prevent the tenancy from being within this paragraph, but (b) at the time when the tenant is entitled to possession of the dwelling-house— (i) regulations under sub-paragraph (2B), (2C) or (2D) are in force, and (ii) those regulations prevent the tenancy from being within this paragraph. (10) But condition B is not met in any circumstances that are specified, or are of a description specified, for this purpose by regulations made by the Secretary of State. (11) For the purposes of this paragraph— (a) “management functions” in respect of a building includes functions relating to— (i) the provision of services, or (ii) the repair, maintenance, improvement or insurance of the building; (b) “student landlord” means an institution or body of persons specified, or of a class specified, for the purposes of this paragraph (see sub-paragraph (2)); (c) “housing management code of practice” means a code of practice approved by the Secretary of State under section 233 of the Housing Act 2004 (codes relating to the management of HMOs or excepted accommodation); (d) a building is “subject to” a housing management code of practice if it— (i) is a particular building subject to the code, or (ii) is of a class of buildings subject to the code; (e) a reference to— (i) a class of the buildings from time to time subject to a housing management code of practice, or (ii) a class of the members from time to time of a housing management code of practice, includes the buildings or members that are from time to time in a class provided for in the code of practice; (f) a tenancy is “exempt solely by reference to a code of practice” if— (i) the tenancy was granted by a body of persons who were, at the time of the grant, a specified landlord solely by reference to a code of practice, or (ii) at the time of the grant, sub-paragraph (1)(b) applied to the tenancy but sub-paragraph (1)(a) did not apply to the tenancy; (g) a reference to the landlord’s interest under the lease not attracting the exemption under this paragraph is a reference to— (i) a case where the landlord is not a student landlord and there is no person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building; or (ii) a case where the landlord is not a student landlord and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building, but that person is not a member of a specified housing management code of practice; and for that purpose the “relevant building” is the building which the dwelling-house comprises or in which the dwelling-house is situated; (h) a body of persons are “a specified landlord solely by reference to a code of practice” if they— (i) are a member of a housing management code of practice that is specified by regulations under sub-paragraph (2A), and (ii) are not specified by regulations under sub-paragraph (2) as a body of persons otherwise than as a member of that code of practice.

Chapter 3 — Discrimination in the rental market: England

Discrimination and discriminatory terms: children and benefits status

Discrimination relating to children

33

• (1) A relevant person must not, in relation to a dwelling that is to be let on an agreement which may give rise to a relevant tenancy—

• (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, prevent the person from—

• (i) enquiring whether the dwelling is available for let,

• (ii) accessing information about the dwelling,

• (iii) viewing the dwelling in order to consider whether to seek to rent it, or

• (iv) entering into a tenancy of the dwelling, or

• (b) apply a provision, criterion or practice in order to make people who would have a child live with or visit them at the dwelling, if it were their home, less likely to enter into a tenancy of the dwelling than people who would not.

• (2) Subsection (1) does not apply if—

• (a) the relevant person can show that the conduct is a proportionate means of achieving a legitimate aim, or

• (b) the relevant person can show 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—

• (i) to which section 38 does not apply, and

• (ii) which contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a relevant tenancy from having a child live with or visit them at the dwelling or to restrict the circumstances in which such a tenant may have a child live with or visit them at the dwelling,

and the conduct is a means of preventing the insured from breaching that term.

• (3) Conduct does not breach the prohibition in subsection (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 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 Secretary of State.

Discrimination relating to benefits status

34

• (1) A relevant person must not, in relation to a dwelling that is to be let on an agreement which may give rise to a relevant tenancy—

• (a) on the basis that a person is or may be a benefits claimant, prevent the person from—

• (i) enquiring whether the dwelling is available for let,

• (ii) accessing information about the dwelling,

• (iii) viewing the dwelling in order to consider whether to seek to rent it, or

• (iv) entering into a tenancy of the dwelling, or

• (b) apply a provision, criterion or practice in order to make benefits claimants less likely to enter into a tenancy of the dwelling than people who are not benefits claimants.

• (2) Subsection (1) does not apply if the relevant person can show 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 38 does not apply, and

• (b) which contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a relevant tenancy from being a benefits claimant,

and the conduct is a means of preventing the insured from breaching that term.

• (3) Conduct does not breach the prohibition in subsection (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 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 Secretary of State.

Discriminatory terms in a tenancy relating to children or benefits status

35

• (1) A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from having a child live with or visit them at the dwelling or restricting the circumstances in which the tenant may have a child do so.

• (2) Subsection (1) does not apply if—

• (a) the provision is a proportionate means of achieving a legitimate aim, or

• (b) the landlord or a superior landlord is insured under a contract of insurance—

• (i) to which section 38 does not apply, and

• (ii) which contains a term which makes provision (however expressed) requiring the insured to prohibit the tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit them at the dwelling,

and the provision in the tenancy is a means of preventing the insured from breaching that term.

• (3) A term of a relevant tenancy or regulated tenancy is of no effect so far as the term makes provision (however expressed) prohibiting the tenant from being a benefits claimant.

• (4) Subsection (3) does not apply if the landlord or a superior landlord is insured under a contract of insurance—

• (a) to which section 38 does not apply, and

• (b) which contains a term which makes provision (however expressed) requiring the insured to prohibit the tenant from being a benefits claimant,

and the provision in the tenancy is a means of preventing the insured from breaching that term.

Terms in superior leases relating to children or benefits status

36

• (1) A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to—

• (a) prohibit a sub-tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or

• (b) restrict the circumstances in which a sub-tenant under a relevant tenancy or regulated tenancy may have a child live with or visit them at the dwelling.

• (2) Subsection (1) does not apply if—

• (a) the provision 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 38 does not apply, and

• (ii) which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which a sub-tenant may have a child live with or visit them at the dwelling,

and the provision 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 of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to prohibit a sub-tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.

• (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 38 does not apply, and

• (b) which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from being a benefits claimant,

and the provision 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.

Terms in mortgages relating to children or benefits status

37

• (1) A term of a mortgage of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring the mortgagor to—

• (a) prohibit a tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or

• (b) restrict the circumstances in which a tenant under a relevant tenancy or regulated tenancy may have a child live with or visit them at the dwelling.

• (2) A term of a mortgage of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a mortgagor to prohibit a tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.

Terms in insurance contracts relating to children or benefits status

38

• (1) A term of a contract of insurance to which this section applies is of no effect so far as the term makes provision (however expressed) requiring the insured to—

• (a) prohibit a tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or

• (b) restrict the circumstances in which a tenant under a relevant tenancy or a regulated tenancy may have a child live with or visit them at the dwelling.

• (2) A term of a contract of insurance to which this section applies is of no effect so far as the term makes provision (however expressed) requiring the insured to prohibit a tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.

• (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.

Discrimination and discriminatory terms: power to protect others

Power of the Secretary of State to protect others

39

• (1) If the Secretary of State is satisfied that—

• (a) a discriminatory rental practice exists in relation to dwellings that are to be let on agreements which may give rise to relevant tenancies (“relevant rental dwellings”), and

• (b) because of that discriminatory rental practice, the victims of that practice are significantly less likely to enter into relevant tenancies of dwellings than other people,

the Secretary of State may make regulations prohibiting that discriminatory rental practice.

• (2) A “discriminatory rental practice” exists in relation to relevant rental dwellings if some or all relevant persons—

• (a) on the basis that people are members of a particular group, prevent those people from—

• (i) enquiring whether relevant rental dwellings are available for let,

• (ii) accessing information about relevant rental dwellings,

• (iii) viewing relevant rental dwellings in order to consider whether to seek to rent them, or

• (iv) entering into tenancies of relevant rental dwellings, or

• (b) apply a provision, criterion or practice in order to make a particular group of people less likely to enter into tenancies of relevant rental dwellings than people not in that group.

• (3) The “victims” of a discriminatory rental practice are—

• (a) where a particular group of people are prevented from doing the things mentioned in subsection (2)(a), the people in that group;

• (b) where a provision, criterion or practice is applied in order to make a particular group of people less likely to enter into tenancies as mentioned in subsection (2)(b), the people in that group.

• (4) Regulations “prohibiting” a discriminatory rental practice are regulations relating to—

• (a) the discriminatory rental practice, and

• (b) the persons who are the victims of it,

which make provision corresponding to the other anti-discrimination legislation in this Chapter

• (5) The “other anti-discrimination legislation in this Chapter” is—

• (a) sections 33 and 34, except for sections 33(3)(b) and 34(3)(b), and

• (b) sections 35 to 38;

but regulations under this section may make provision corresponding to the provision that may be made under section 33(3)(b) or 34(3)(b).

• (6) Before making regulations prohibiting a discriminatory rental practice, the Secretary of State must consult such of the following persons as the Secretary of State considers appropriate—

• (a) victims of the discriminatory rental practice or one or more representatives of such persons;

• (b) landlords and prospective landlords under relevant tenancies or one or more representatives of such persons;

• (c) landlords under regulated tenancies or one or more representatives of such persons;

• (d) other landlords and prospective landlords under leases of premises that consist of or include a dwelling or one or more representatives of such persons;

• (e) mortgagees of dwellings or one or more representatives of such persons;

• (f) insurers of dwellings or one or more representatives of such persons;

• (g) local housing authorities or one or more representatives of local housing authorities.

• (7) For that purpose a “representative” of persons of a particular kind, or of local housing authorities, is a body or other person which appears to the Secretary of State to represent the interests of persons of that kind, or of local housing authorities.

Discrimination: financial penalties

Financial penalties for breach of anti-discrimination provisions

40

• (1) A local housing authority may impose a financial penalty under this subsection on a person if satisfied on the balance of probabilities that the person has breached a requirement imposed by—

• (a) section 33 or 34, or

• (b) provision in regulations made under section 39.

• (2) More than one financial penalty may be imposed under subsection (1) on the same person in respect of the same conduct only if—

• (a) the conduct continues after the end of 28 days beginning with the day after that on which the previous penalty in respect of the conduct was imposed on the person, unless the person appeals against the decision to impose the penalty within that period, or

• (b) if the person appeals against the decision to impose the penalty within that period, the conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.

• (3) Where a person applies a single provision, criterion or practice on more than one occasion in relation to the same dwelling, each application of that provision, criterion or practice is to be treated as the same conduct for the purposes of subsection (2).

• (4) If—

• (a) the local housing authority imposes a financial penalty under subsection (1) on a person, and

• (b) within the period of five years ending with the date on which that penalty was imposed, a previous financial penalty under subsection (1) was imposed on that person in relation to a breach of the same section or provision in regulations made under section 39,

then the local housing authority may impose an additional financial penalty under this subsection on that person.

• (5) 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.

• (6) Neither subsection (2) nor subsection (4) enables a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

• (7) Where—

• (a) a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and

• (b) the breaches 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 that subsection 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) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.

• (9) Local housing authorities must have regard to any guidance issued under subsection (8).

• (10) The Secretary of State may by regulations amend the amount specified in subsection (5) to reflect changes in the value of money.

• (11) For the purposes of this section—

• (a) a financial penalty is imposed under this section 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 5.

Supplementary

No prohibition on taking income into account

41

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.

Interpretation of Chapter 3

42

• (1) In this Chapter—

• “benefits claimant” means a person who— 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 a relevant tenancy to be granted to the person, 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, 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 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— rent the dwelling on a relevant tenancy, and if an application is a precondition of entitlement, apply to the billing authority for a reduction under the scheme;

• “child” means a person under the age of 18;

• “dwelling” means a “dwelling-house” within the meaning of Part 1 of the 1988 Act (see section 45 of that Act) in England;

• “prospective landlord” means a person who proposes to let a dwelling on an agreement which may give rise to a relevant tenancy;

• “prospective tenant” means a person seeking to find a dwelling to rent;

• “regulated tenancy” has the same meaning as in the Rent Act 1977 (see section 18 of that Act);

• “relevant person”, in relation to a relevant tenancy, means— the prospective landlord; a person acting or purporting to act directly or indirectly on behalf of the prospective landlord;

• “relevant tenancy” means an assured tenancy within the meaning of the 1988 Act, other than a tenancy that is— a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, or a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2 to the 1988 Act.

• (2) In this Chapter 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.

Chapter 4 — Discrimination in the rental market: Wales

Prohibitions of discrimination

Discrimination relating to children or benefits status: Welsh language

43

• (1) The Welsh language text of the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) is amended as follows.

• (2) In section 1, after subsection (2), insert—

(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.

• (3) After section 8 insert—

(8A) (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) (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) 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) (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) (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) (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) (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) (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) 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) (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— 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, 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, 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 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— yn rhentu’r annedd o dan gontract meddiannaeth, a 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— y darpar landlord; 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.

• (4) In section 10(4)—

• (a) after the opening words insert—

(za) mewn perthynas â throsedd o dan Ran 2A neu o dan reoliadau o dan adran 47 neu 48 o Ddeddf Hawliau Rhentwyr 2025— (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—

;

• (b) paragraphs (a) to (c) become paragraphs (i) to (iii) of paragraph (zb).

• (5) After section 10(4) insert—

(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.

• (6) In section 13(1) after “3” insert “neu Ran 2A o’r Ddeddf hon neu o dan reoliadau o dan adran 47 neu 48 o Ddeddf Hawliau Rhentwyr 2025”.

• (7) In section 17—

• (a) after subsection (3) insert—

(3A) At ddibenion y Rhan hon fel y mae’n ymwneud â throseddau o dan Ran 2A neu o dan reoliadau o dan adran 47 neu 48 o Ddeddf Hawliau Rhentwyr 2025, 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.

;

• (b) in subsection (4) the words from “ystyr” to the end become a definition;

• (c) at the end of subsection (4) insert—

• 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.

• (8) In section 27(3) after “adran 7,” insert “adran 8C,”.

Discrimination relating to children or benefits status: English language

44

• (1) The English language text of the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) is amended as follows.

• (2) In section 1, after subsection (2), insert—

(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.

• (3) After section 8 insert—