Renters’ Rights Act 2025

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

19

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

(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;