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Renters’ Rights Act 2025

Type Public General Act
Publication 2025-10-27
Last updated 2025-12-27
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

(8A) (1) It is an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract— (a) on the basis that a child would or may live with or visit a person at the dwelling if the dwelling were the person’s home, to prevent the person from— (i) enquiring whether the dwelling is available for rent, (ii) accessing information about the dwelling, (iii) viewing the dwelling in order to consider whether to seek to rent it, or (iv) obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or (b) to apply a provision, criterion or practice in order to make people who would have a child live with or visit them at the dwelling less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who would not. (2) It is a defence for the relevant person to prove that the conduct is a proportionate means of achieving a legitimate aim. (3) It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance— (a) to which section 8H does not apply, and (b) which contains a term which requires the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or requires the landlord to restrict the circumstances in which a contract-holder may do so, and the conduct is a means of preventing the insured from breaching that term. (4) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine. (8B) (1) It is an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract— (a) on the basis that a person is or may be a benefits claimant, to prevent the person from— (i) enquiring whether the dwelling is available for rent, (ii) accessing information about the dwelling, (iii) viewing the dwelling in order to consider whether to seek to rent it, or (iv) obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or (b) to apply a provision, criterion or practice in order to make benefits claimants less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who are not benefits claimants. (2) It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance— (a) to which section 8H does not apply, and (b) which contains a term which requires the insured to prohibit a contract-holder of the dwelling from being a benefits claimant, and the conduct is a means of preventing the insured from breaching that term. (3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine. (8C) Conduct does not constitute an offence under section 8A(1) or section 8B(1) if it consists only of— (a) one or more of the following things done by a person who does nothing in relation to the dwelling that is not mentioned in this paragraph— (i) publishing advertisements or disseminating information; (ii) providing a means by which a prospective landlord can communicate directly with a prospective contract-holder; (iii) providing a means by which a prospective contract-holder can communicate directly with a prospective landlord, or (b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations. (8D) (1) A person commits an offence if— (a) a fixed penalty notice has been given to the person under section 13 for an offence under this Part in relation to a dwelling and has not been withdrawn, and (b) the conduct in respect of which the fixed penalty notice was given continues in relation to that dwelling after the end of the period of 28 days beginning with the date on which the notice under section 13 was given. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine. (8E) (1) A person commits an offence if— (a) a fixed penalty notice has been given to the person under section 13 for an offence under this Part and has not been withdrawn, and (b) the person commits another offence under the same section within the period of 5 years beginning with the date on which the notice under section 13 was given. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine. (8F) (1) A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease to— (a) prohibit a contract-holder from having a child live with or visit them at the dwelling, or (b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling, (but the lease continues, so far as practicable, to have effect in every other respect). (2) Subsection (1) does not apply if— (a) the requirement is a proportionate means of achieving a legitimate aim, or (b) the landlord under the lease or a superior landlord is insured under a contract of insurance— (i) to which section 8H does not apply, and (ii) which contains a term which makes provision (however expressed) requiring the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or to restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling, and the requirement in the lease is a means of preventing the insured from breaching that term. (3) A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease to prohibit a contract-holder from being a benefits claimant (but the lease continues, so far as practicable, to have effect in every other respect). (4) Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance— (a) to which section 8H does not apply, and (b) which contains a term which makes provision (however expressed) requiring the insured to prohibit a contract-holder from being a benefits claimant, and the requirement in the lease is a means of preventing the insured from breaching that term. (5) For the purposes of this section, the terms of a lease include— (a) the terms of any agreement relating to the lease, and (b) any document or communication from the landlord that gives or refuses consent for sub-letting under the lease to a category or description of person. (8G) (1) A term of a mortgage of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require the mortgagor to— (a) prohibit a contract-holder from having a child live with or visit them at the dwelling, or (b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling, (but the mortgage continues, so far as practicable, to have effect in every other respect). (2) A term of a mortgage of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require the mortgagor to prohibit a contract-holder from being a benefits claimant (but the mortgage continues, so far as practicable, to have effect in every other respect). (8H) (1) A term of a contract of insurance to which this section applies is not binding to the extent that (but for this section) it would require the insured to— (a) prohibit a contract-holder from having a child live with or visit them at the dwelling subject to an occupation contract, or (b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling subject to an occupation contract, (but the insurance contract continues, so far as practicable, to have effect in every other respect). (2) A term of a contract of insurance to which this section applies is not binding to the extent that (but for this section) it would require the insured to prohibit a contract-holder of a dwelling that is subject to an occupation contract from being a benefits claimant (but the insurance contract continues, so far as practicable, to have effect in every other respect). (3) This section applies to contracts of insurance which were entered into or whose duration was extended on or after the day on which this section comes into force. (8I) Nothing in this Part prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under an occupation contract. (8J) (1) In this Part— - “benefits claimant” (“ceisydd budd-daliadau”) 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 the person to become a contract-holder under an occupation contract, 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 under an occupation contract, and if an application is a precondition of entitlement, apply to the billing authority for a reduction under the scheme; - “child” (“plentyn”) means a person under the age of 18; - “occupation contract” (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act); - “prospective contract-holder” (“darpar ddeiliad contract”) means a person seeking to find a dwelling to rent under an occupation contract; - “prospective landlord” (“darpar landlord”) means a person who proposes to let a dwelling under an occupation contract; - “relevant person” (“person perthnasol”), in relation to an occupation contract, means— the prospective landlord; a person acting or purporting to act directly or indirectly on behalf of the prospective landlord. (2) In this Part a reference to doing something on the basis of particular facts includes reference to doing it on the basis of a belief in those facts.

  • (4) In section 10(4)—
  • (a) after the opening words insert—

(za) in respect of an offence under Part 2A or under regulations under section 47 or 48 of the Renters’ Rights Act 2025— (i) a person who is or has been a landlord under an occupation contract; (ii) a person who is or has been a contract-holder under an occupation contract; (iii) a person who is or has been a relevant person in relation to an occupation contract; (zb) in respect of an offence under any other provision of this Act—

;

  • (b) paragraphs (a) to (c) become paragraphs (i) to (iii) of paragraph (zb).
  • (5) After section 10(4) insert—

(4A) In subsection (4)— - “occupation contract” (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act); - “relevant person” (“person perthnasol”) has the meaning given in section 8J.

  • (6) In section 13(1) after “3” insert “or Part 2A of this Act or under regulations under section 47 or 48 of the Renters’ Rights Act 2025”.
  • (7) In section 17—
  • (a) after subsection (3) insert—

(3A) For the purposes of this Part as it relates to offences under Part 2A or under regulations under section 47 or 48 of the Renters’ Rights Act 2025, a local weights and measures authority is an additional enforcement authority in relation to the area for which it is the local weights and measures authority.

;

  • (b) in subsection (4) the words from ““licensing” to the end become a definition;
  • (c) at the end of subsection (4) insert—
  • (8) In section 27(3) after “section 7,” insert “section 8C,”.

Amendment of short title of Renting Homes (Fees etc.) (Wales) Act 2019

45
  • (1) Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 may be cited as Deddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019.
  • (3) In the Welsh language text of the following provisions, for “Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019” substitute “Deddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019”—
  • (i) the italic heading before paragraph 5;
  • (ii) paragraph 5(1)(a);
  • (iii) paragraph 5(2)(a);
  • (i) the heading;
  • (ii) paragraphs (1)(a) and (2)(a).
  • (4) In the English language text of the following provisions, for “Renting Homes (Fees etc.) (Wales) Act 2019” substitute “Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019”—
  • (i) the italic heading before paragraph 5;
  • (ii) paragraph 5(1)(a);
  • (iii) paragraph 5(2)(a);
  • (i) the heading;
  • (ii) paragraphs (1)(a) and (2)(a).
  • (a) in the Welsh language text after “Ffioedd” insert “, Gwahaniaethu”;
  • (b) in the English language text after “Fees” insert “, Discrimination”.

Discriminatory terms

Amendments of Renting Homes (Wales) Act 2016 regarding discrimination

46
  • (2) In section 30, after paragraph (d) insert—

(da) mae’n gwahardd landlordiaid rhag ymyrryd â hawl deiliaid contract i gael plant yn byw gyda hwy neu’n ymweld â hwy, neu i’ hawlio budd-daliadau,

.

  • (3) After section 54 insert—

(54A) (1) Yn ddarostyngedig i is-adran (2), caniateir i ddeiliad y contract o dan gontract meddiannaeth ganiatáu i berson nad yw wedi cyrraedd 18 oed fyw yn yr annedd neu ymweld â hi. (2) Ni chaniateir i’r landlord o dan gontract meddiannaeth ymyrryd â hawl deiliad y contract o dan is-adran (1) na chyfyngu ar arfer yr hawl honno, oni bai bod yr ymyrryd neu’r cyfyngu yn fodd cymesur o gyflawni nod dilys. (3) Mae’r adran hon yn ddarpariaeth sylfaenol sydd wedi ei hymgorffori fel un o delerau pob contract meddiannaeth, ac eithrio pan fo’r landlord neu uwchlandlord wedi ei yswirio o dan gontract yswiriant— (a) nad yw adran 8H o Ddeddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019 yn gymwys iddo, a (b) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd y deiliad contract rhag bod â pherson nad yw wedi cyrraedd 18 oed yn byw gydag ef neu’n ymweld ag ef yn yr annedd neu gyfyngu’r amgylchiadau lle caniateir i ddeiliad y contract fod â pherson o’r fath yn byw gydag ef neu’n ymweld ag ef yn yr annedd. (54B) (1) Ni chaniateir i’r landlord o dan gontract meddiannaeth wahardd deiliad y contract rhag bod yn hawlydd budd-daliadau o fewn yr ystyr a roddir gan adran 8J o Ddeddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019. (2) Mae’r adran hon yn ddarpariaeth sylfaenol sydd wedi ei hymgorffori fel un o delerau pob contract meddiannaeth, ac eithrio pan fo’r landlord neu uwchlandlord wedi ei yswirio o dan gontract yswiriant— (a) nad yw adran 8H o Ddeddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019 yn gymwys iddo, a (b) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad y contract rhag hawlio taliadau a grybwyllir yn is-adran (1).

  • (4) In Schedule 1 (overview of fundamental provisions incorporated as terms of occupation contracts), in Table 3 in Part 1, Table 4 in Part 2 and Table 5 in Part 3, at the appropriate place in each insert—
Adran 54A Rhaid i L beidio ag ymyrryd â hawl D-C i fod â phersonau o dan 18 oed yn ymweld â’r annedd neu’n byw yno
Adran 54B Rhaid i L beidio â gwahardd D-C rhag hawlio budd-daliadau lles

.

  • (6) In section 30, after paragraph (d) insert—

(da) it prohibits landlords from interfering with contract-holders having children live with or visit them, or claiming benefits,

.

  • (7) After section 54 insert—

(54A) (1) Subject to subsection (2), the contract-holder under an occupation contract may permit a person who has not reached the age of 18 to live in or visit the dwelling. (2) The landlord under an occupation contract must not interfere with or restrict the exercise of the contract-holder’s right under subsection (1), unless the interference or restriction is a proportionate means of achieving a legitimate aim. (3) This section is a fundamental provision which is incorporated as a term of all occupation contracts, except where the landlord or a superior landlord is insured under a contract of insurance— (a) to which section 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 does not apply, and (b) which contains a term which makes provision (however expressed) requiring the insured to prohibit the contract-holder from having a person who has not reached the age of 18 live with or visit them at the dwelling or to restrict the circumstances in which the contract-holder may have such a person live with or visit them at the dwelling. (54B) (1) The landlord under an occupation contract must not prohibit the contract-holder from being a benefits claimant within the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019. (2) This section is a fundamental provision which is incorporated as a term of all occupation contracts, unless the landlord or a superior landlord is insured under a contract of insurance— (a) to which section 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 does not apply, and (b) which contains a term which makes provision (however expressed) requiring the insured to prohibit the contract-holder from claiming payments mentioned in subsection (1).

  • (8) In Schedule 1 (overview of fundamental provisions incorporated as terms of occupation contracts), in Table 3 in Part 1, Table 4 in Part 2 and Table 5 in Part 3, at the appropriate place in each insert—
Section 54A L must not interfere with C-H’s right to have persons under 18 visit or live at the dwelling
Section 54B L must not prohibit C-H from claiming welfare benefits

.

Supplementary

Power of Welsh Ministers to protect others

47
  • (1) If the Welsh Ministers are satisfied that—
  • (a) a discriminatory rental practice exists in relation to dwellings that may be the subject of occupation contracts (“relevant rental dwellings”), and
  • (b) because of that discriminatory rental practice, the victims of that practice are significantly less likely to obtain the grant, renewal or continuance of occupation contracts than other people,

the Welsh Ministers 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 rent,
  • (ii) accessing information about relevant rental dwellings,
  • (iii) viewing relevant rental dwellings in order to consider whether to seek to rent them, or
  • (iv) obtaining the grant, renewal or continuance of occupation contracts in respect of relevant rental dwellings, or
  • (b) apply a provision, criterion or practice in order to make a particular group of people less likely to obtain the grant, renewal or continuance of occupation contracts 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 obtain the grant, renewal or continuance of occupation contracts 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 relevant anti-discrimination legislation.

  • (5) The relevant anti-discrimination legislation is—
  • (a) Part 2A of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019, except for section 8C(b), and

but regulations under this section may make provision corresponding to the provision that may be made under section 8C(b) of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.

  • (6) Before making regulations prohibiting a discriminatory rental practice, the Welsh Ministers must consult such of the following persons as the Welsh Ministers consider appropriate—
  • (a) victims of the discriminatory rental practice or one or more representatives of such persons;
  • (b) landlords and prospective landlords under occupation contracts or one or more representatives of such persons;
  • (c) other landlords and prospective landlords under leases of premises that consist of or include a dwelling or one or more representatives of such persons;
  • (d) mortgagees of dwellings or one or more representatives of such persons;
  • (e) insurers of dwellings or one or more representatives of such persons;
  • (f) 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 Welsh Ministers to represent the interests of persons of that kind, or of local housing authorities.
  • (8) Regulations under this section may amend, repeal or revoke provision made from time to time by or under the relevant anti-discrimination legislation.
  • “benefits claimant” has the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019;
  • “local housing authority” means the council for a county or county borough in Wales;
  • “relevant person” has the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.

Power of Secretary of State to protect others

48

The Secretary of State may by regulations make provision that the Welsh Ministers could make under section 47 but for the limitation in section 49.

Regulations

49

Regulations under section 8C of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 (as inserted by this Act) or section 47 of this Act may only make provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.

Chapter 5 — Discrimination in the rental market: Scotland

Discrimination and discriminatory terms: children and benefits status

Discrimination relating to children or benefits status

50
  • (2) After section 6 insert—

(6A) (1) It is an offence for a relevant person to, in relation to a property that is to be let on an agreement which may give rise to a private residential tenancy— (a) prevent a person, on the basis that the relevant person believes that the property would or may be used by a child if the property were the person’s home, from— (i) enquiring whether the property is available for let, (ii) accessing information about the property, (iii) viewing the property in order to consider whether to seek to rent it, or (iv) entering into a tenancy of the property, or (b) apply a provision, criterion or practice in order to make people who would allow the property to be used by a child less likely to enter into a tenancy of the property than people who would not. (2) It is a defence for the relevant person to show— (a) that the conduct is a proportionate means of achieving a legitimate aim, or (b) that the property is insured under an excluded contract of insurance and the conduct is a means of preventing the insured from breaching the term which causes the contract to be an excluded contract of insurance. (3) Conduct does not constitute an offence under subsection (1) if it consists only of— (a) things done by a person who does nothing in relation to the property other than one or more of the following things— (i) publishing advertisements or disseminating information, (ii) providing a means by which a prospective landlord can communicate directly with a prospective tenant, (iii) providing a means by which a prospective tenant can communicate directly with a prospective landlord, or (b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Scottish Ministers. (4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) For the purpose of this section— (a) a property is used by a child if a child lives with or visits a person at the property, (b) a contract of insurance is an excluded contract of insurance if— (i) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and (ii) it contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a private residential tenancy from allowing a child to use the property, or to restrict the circumstances in which such a tenant may allow a child to do so. (6B) (1) It is an offence for a relevant person to, in relation to a property that is to be let on an agreement which may give rise to a private residential tenancy— (a) prevent a person, on the basis of the person’s benefits status, from— (i) enquiring whether the property is available for let, (ii) accessing information about the property, (iii) viewing the property in order to consider whether to seek to rent it, or (iv) entering into a tenancy of the property, or (b) apply a provision, criterion or practice in order to make people who are or who, if the property were their home, may become benefits claimants less likely to enter into a tenancy of the property than people who are not. (2) It is a defence for the relevant person to show that the property is insured under an excluded contract of insurance and the conduct is a means of preventing the insured from breaching the term which causes the contract to be an excluded contract of insurance. (3) Conduct does not constitute an offence under subsection (1) if it consists only of— (a) things done by a person who does nothing in relation to the property other than one or more of the following things— (i) publishing advertisements or disseminating information, (ii) providing a means by which a prospective landlord can communicate directly with a prospective tenant, (iii) providing a means by which a prospective tenant can communicate directly with a prospective landlord, or (b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Scottish Ministers. (4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) For the purpose of this section— (a) something is done on the basis of a person’s benefits status if it is done on the basis that the relevant person believes that the person is, or may be or, if the property were the person’s home, may become a benefits claimant, (b) a contract of insurance is an excluded contract of insurance if— (i) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and (ii) it contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a private residential tenancy from being a benefits claimant. (6C) (1) A term of a private residential tenancy is of no effect so far as the term makes provision (however expressed)— (a) prohibiting the tenant from having a child live with or visit the tenant at the property or restricting the circumstances in which the tenant may have a child do so, or (b) prohibiting the tenant from being a benefits claimant. (2) But— (a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, (b) subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance. (3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if— (a) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and (b) it contains a term which makes provision (however expressed) requiring the landlord— (i) to prohibit the tenant from having a child live with or visit the tenant at the property or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the property, or (ii) to prohibit the tenant from being a benefits claimant. (6D) Nothing in this Part prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under a private residential tenancy. (6E) In this Part— - “benefits claimant” means a person who— is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a), - “benefits and welfare legislation” means— the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995, the State Pension Credit Act 2002, the Tax Credits Act 2002, the Welfare Reform Act 2007, the Welfare Reform Act 2012, the Pensions Act 2014, the Social Security (Scotland) Act 2018, - “child” means a person under the age of 18, - “prospective landlord” means a person who proposes to let a property on an agreement which may give rise to a private residential tenancy, - “prospective tenant” means a person seeking to find a property to rent, - “relevant person”, in relation to a property, means— the prospective landlord, a person acting or purporting to act directly or indirectly on behalf of the prospective landlord.

  • (3) Before section 76, insert—

(75A) (1) Nothing in Part 1A makes the Crown criminally liable. (2) But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable were it not for subsection (1). (3) Subsection (1) does not affect the criminal liability of persons in the service of the Crown.

  • (4) In section 77 (regulation-making powers), in subsection (4), after “sections” insert “6A(3)(b), 6B(3)(b),”.
  • (6) After section 26 insert—

(26A) (1) A term of an assured tenancy is of no effect so far as the term makes provision (however expressed)— (a) prohibiting the tenant from having a child live with or visit the tenant at the dwelling or restricting the circumstances in which the tenant may have a child do so, or (b) prohibiting the tenant from being a benefits claimant. (2) But— (a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, and (b) subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance. (3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if— (a) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and (b) it contains a term which makes provision (however expressed) requiring the landlord— (i) to prohibit the tenant from having a child live with or visit the tenant at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the dwelling, or (ii) to prohibit the tenant from being a benefits claimant. (4) In this section— - “benefits claimant” means a person who— is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a), - “benefits and welfare legislation” means— the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995, the State Pension Credit Act 2002, the Tax Credits Act 2002, the Welfare Reform Act 2007, the Welfare Reform Act 2012, the Pensions Act 2014, the Social Security (Scotland) Act 2018, - “child” means a person under the age of 18.

  • (8) After section 101 insert—

(101A) (1) A term of a protected or statutory tenancy is of no effect so far as the term makes provision (however expressed)— (a) prohibiting the tenant from having a child live with or visit the tenant at the dwelling or restricting the circumstances in which the tenant may have a child do so, or (b) prohibiting the tenant from being a benefits claimant. (2) But— (a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, and (b) subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance. (3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if— (a) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and (b) it contains a term which makes provision (however expressed) requiring the landlord— (i) to prohibit the tenant from having a child live with or visit the tenant at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the dwelling, or (ii) to prohibit the tenant from being a benefits claimant. (4) In this section— - “benefits claimant” means a person who— is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a), - “benefits and welfare legislation” means— the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995, the State Pension Credit Act 2002, the Tax Credits Act 2002, the Welfare Reform Act 2007, the Welfare Reform Act 2012, the Pensions Act 2014, the Social Security (Scotland) Act 2018, - “child” means a person under the age of 18.

Terms in standard securities relating to children or benefits status

51
  • (1) A term of a standard security over land that consists of or includes a dwelling is of no effect so far as the term makes provision (however expressed) requiring the debtor in the standard security to—
  • (a) prohibit a tenant under a relevant tenancy from having a child live with or visit the tenant at the dwelling, or
  • (b) restrict the circumstances in which a tenant under a relevant tenancy may have a child live with or visit the tenant at the dwelling.
  • (2) A term of a standard security over land that consists of or includes a dwelling is of no effect so far as the term makes provision (however expressed) requiring the debtor in the standard security to prohibit a benefits claimant from being a tenant under a relevant tenancy.

Terms in insurance contracts relating to children or benefits status

52
  • (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 from having a child live with or visit the tenant at the dwelling which forms the subject of the tenancy, or
  • (b) restrict the circumstances in which a tenant under a relevant tenancy may have a child live with or visit the tenant 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 benefits claimant from being a tenant under a relevant tenancy.
  • (3) This section applies to contracts of insurance which are entered into or whose duration is extended on or after the day on which this section comes into force.

Discrimination and discriminatory terms: power to protect others

Power of Scottish Ministers to protect others

53
  • (1) The Scottish Ministers may by regulations make provision about relevant tenancies, corresponding to the provision made by this Chapter in relation to persons who would have a child live with or visit them or persons who are benefits claimants, in relation to persons of another description.
  • (2) Before making regulations under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate.
  • (a) may amend, repeal or revoke provision made by or under—
  • (i) an Act of the Scottish Parliament,
  • (ii) an Act (including this Act),

whenever passed or made;

  • (b) may only make provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.

Power of Secretary of State to protect others

54

The Secretary of State may by regulations make provision that the Scottish Ministers could make under section 53(1) but for the limitation in section 53(3)(b).

Supplementary

Interpretation of Chapter 5

55

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 benefits and welfare legislation or would be so entitled were the person to become a tenant under a private residential tenancy, or is entitled, or would (on application or otherwise), if the person were to rent the property, be entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a);
  • “child” means a person under the age of 18;
  • “tenant” includes sub-tenant.

Chapter 6 — Stating the proposed rent and rental bidding

Requirement to state rent and to avoid rental bidding

56
  • (1) This section applies to a letting of a dwelling (a “proposed letting”) if the letting is to be on an agreement which may give rise to a relevant tenancy.
  • (2) A relevant person must not advertise in writing, or otherwise offer in writing, the proposed letting unless—
  • (a) the rent that is to be payable under the letting is a specific amount (the “proposed rent”), and
  • (b) the advertisement or offer states the proposed rent.
  • (3) A relevant person must not—
  • (a) invite or encourage any person to offer to pay an amount of rent under the proposed letting that exceeds the stated rent, or
  • (b) accept an offer from any person to pay an amount of rent under the proposed letting that exceeds the stated rent.
  • (4) For the purposes of subsection (3)(a) or (b), the “stated rent” is the proposed rent which is stated—
  • (a) by the relevant person who is inviting or encouraging, or accepting, the offer of rent, or
  • (b) by any other relevant person,

in any written advertisement for, or written offer of, the proposed letting.

  • (5) Subsection (2) does not apply to a sign displayed at the dwelling, or at premises in which the dwelling is situated, which merely advertises that the dwelling is to let.
  • “prospective landlord” means the person who proposes to make a proposed letting;
  • “relevant person”, in relation to a proposed letting, means— the prospective landlord, or 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.

Financial penalties

57
  • (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 the prohibition imposed by section 56(2) or (3).
  • (2) 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 subsection of section 56,

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

  • (3) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £7,000.
  • (4) Subsection (2) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.
  • (5) 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.

  • (6) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.
  • (7) Local housing authorities must have regard to any guidance issued under subsection (6).
  • (8) The Secretary of State may by regulations amend the amount specified in subsection (3) to reflect changes in the value of money.
  • (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

Chapter 7 — Miscellaneous

Penalties for unlawful eviction or harassment of occupier

58
  • (2) In section 1, after subsection (6) insert—

(7) A person may not be convicted of an offence under this section in respect of any conduct if a financial penalty has been imposed under section 1A in respect of that conduct.

  • (3) After section 1 insert—

(1A) (1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has committed an offence under section 1 in relation to premises in England. (2) No financial penalty may be imposed in respect of any conduct amounting to an offence under section 1 if— (a) the person has been convicted of an offence under that section in respect of the conduct, (b) criminal proceedings for an offence under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or (c) criminal proceedings for an offence under that section in respect of the conduct have been concluded and the person has not been convicted of the offence. (3) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £40,000. (4) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section. (5) Local housing authorities must have regard to any guidance issued under subsection (4). (6) Schedule A1 makes provision about— (a) the procedure for imposing financial penalties, (b) appeals against financial penalties, (c) enforcement of financial penalties, and (d) how local housing authorities are to deal with the proceeds of financial penalties. (7) The Secretary of State may by regulations amend the amount specified in subsection (3) to reflect changes in the value of money. (8) Regulations under this section are to be made by statutory instrument. (9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (10) In this section and Schedule A1, “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.

  • (4) Before Schedule 1 insert—

Schedule A1 (1) Before imposing a financial penalty on a person under section 1A a local housing authority must give the person notice of its proposal to do so (a “notice of intent”). (2) (1) The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates. (2) But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given— (a) at any time when the conduct is continuing, or (b) within the period of 6 months beginning with the last day on which the conduct occurs. (3) The notice of intent must set out— (a) the date on which the notice of intent is given, (b) the amount of the proposed financial penalty, (c) the reasons for proposing to impose the financial penalty, and (d) information about the right to make representations under paragraph 4. (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 served, (b) the amount of the financial penalty, (c) the reasons for imposing the penalty, (d) information about how to pay the penalty, (e) the period for payment of the penalty, (f) information about rights of appeal, and (g) the consequences of failure to comply with the notice. (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 person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises, or (e) the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises. (2) For the purposes of this paragraph, “residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008. (3) For the purposes of this paragraph, “tenancy” includes a licence to occupy.

Abandoned premises under assured shorthold tenancies

59

In the Housing and Planning Act 2016, omit Part 3 (recovering abandoned premises under assured shorthold tenancies).

Remedying of hazards occurring in dwelling-houses in England

60
  • (2) In section 10A (remedying of hazards occurring in dwellings let on social housing leases)—
  • (a) in the heading, for “dwellings let on relevant social housing leases” substitute “dwelling-houses in England”;
  • (b) for subsection (1) substitute—

(1) This section applies to a lease of a dwelling-house in England if either of the following applies— (a) the lease is a lease for a term of less than 7 years, or (b) the lease is of a kind mentioned in section 13(1A), (1AA) or (1AB); but this is subject to subsection (1A). (1A) This section does not apply to any lease of a kind mentioned in section 14 (exceptions).

;

  • (c) in subsection (3), for “dwelling” substitute “dwelling-house”;
  • (d) after subsection (5) insert—

(5A) For the purposes of subsection (1) it is immaterial that the lease also demises other property (which may consist of or include one or more other dwelling-houses). (5B) In determining for the purposes of subsection (1)(a) whether a lease is for a term of less than 7 years— (a) any part of the term falling before the grant or creation is to be ignored and the lease is to be treated as a lease for a term commencing with the grant or creation; (b) a lease which is determinable at the option of the lessor before the expiry of 7 years from the commencement of the term is to be treated as a lease for a term of less than 7 years; (c) a lease (other than one to which paragraph (b) applies) is not to be treated as a lease for a term of less than 7 years if it confers on the lessee an option for renewal for a term which, together with the original term, amounts to 7 years or more.

;

  • (e) omit subsection (6);
  • (f) in subsection (7)—
  • (i) for the definitions of “lease”, “lessor” and “lessee” substitute—
  • “lease” does not include a mortgage term;
  • “lease of a dwelling-house” means a lease by which a building or part of a building is let wholly or mainly as a private residence, and “dwelling-house” means that building or part of a building, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
  • “lessee” means the person for the time being entitled to the term of a lease;
  • “lessor” means the person for the time being entitled to the reversion expectant on a lease;

;

  • (ii) omit the definitions of “low cost home ownership accommodation” and “social housing”.
  • (3) In section 10B (regulations under section 10A: supplementary provision)—
  • (a) in subsection (1)(a), for the words from “42” to “2023” substitute “60 of the Renters’ Rights Act 2025”;
  • (b) in subsection (3)(b)(i), for “dwelling” substitute “dwelling-house”;
  • (c) for subsection (4)(a) substitute—

(a) limit the application of section 10A by reference to leases or dwelling-houses of particular descriptions;

;

  • (d) omit subsection (6).
  • (4) In section 39 (index of defined expressions), for the entry for “dwelling-house” substitute—
dwelling-house—
(in the provisions relating to remedying of hazards) section 10A
(in the provisions relating to repairing obligations) section 16

.

Remedying of hazards occurring in accommodation in England occupied under licence

61

(10C) (1) The Secretary of State may make— (a) regulations which specify a description of licences to occupy residential premises; and (b) regulations which require the licensor under a regulated licence to take action, in relation to prescribed hazards which affect or may affect the licensed accommodation, within the period or periods specified in the regulations. (2) There is implied in a regulated licence a term that the licensor will comply with all prescribed requirements that are applicable to that licence. (3) Regulations under subsection (1)(b) are enforceable against licensors only through actions for breach of the term that is implied by subsection (2). (4) In any proceedings for a breach of the term that is implied by subsection (2), it is a defence for the licensor to prove that they used all reasonable endeavours to avoid that breach. (5) In this section and section 10D — - “prescribed hazard” has the same meaning as in section 10 (see section 10(2) and (3)); - “prescribed requirement” means a requirement prescribed in regulations under subsection (1)(b); - “regulated licence” means a licence to occupy that is of a description specified in regulations under subsection (1)(a); - “residential premises” has the same meaning as in section 1(4) of the Housing Act 2004 (but disregarding paragraph (e)(ii) of that subsection). (10D) (1) Regulations under section 10C(1)(a) may (in particular) specify a description of licences to occupy by reference to any of the following— (a) the nature of the licensor; (b) the nature of the licensee; (c) the nature of the accommodation occupied; (d) the purpose of the occupation of the accommodation; (e) the legal nature of the licence. (2) Regulations under section 10C(1)(b) may apply to— (a) licences granted before the day when section 10C came into force; (b) prescribed hazards which began before that day; (c) only some descriptions of prescribed hazards. (3) Regulations under section 10C(1)(b) may— (a) specify a period that is not of a specific duration (for example a reasonable or appropriate period, including a period decided by the licensor, or another person); (b) specify two (or more) periods in relation to particular action. (4) Regulations under section 10C(1)(b) may (in particular)— (a) require the licensor to take particular action, or action that is intended to produce a particular outcome, in relation to a prescribed hazard; (b) require the licensor to take action in relation to a prescribed hazard that is not of itself intended to remedy the hazard, for example by requiring the licensor— (i) to investigate whether or how a prescribed hazard is affecting the licensed accommodation, or (ii) to secure that the licensee and any other members of their household are provided with alternative accommodation at no cost to them; (c) require the licensor to take action in relation to a prescribed hazard only— (i) in particular circumstances, or (ii) if particular conditions are met; (d) provide that the licensor is not required to take action in relation to a prescribed hazard— (i) in particular circumstances, or (ii) if particular conditions are met. (5) The Secretary of State may by regulations make provision, in relation to a term that is implied by section 10C(2), which corresponds to any provision made in relation to an implied covenant by section 9A(4) to (8). (6) A power to make regulations under section 10C or this section includes power to make— (a) incidental, transitional or saving provision; (b) different provision for different purposes. (7) Regulations under section 10C or this section are to be made by statutory instrument. (8) A statutory instrument containing regulations under section 10C or this section may not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Student accommodation that is not an HMO

62
  • (1) Schedule 14 to the Housing Act 2004 (buildings which are not HMOs) is amended in accordance with subsections (2) and (4).
  • (2) After paragraph 3 insert—

(3A) (1) Any building in England— (a) which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at a specified educational establishment, or at an educational establishment of a specified description, and where the person managing or having control of it is the educational establishment in question, or (b) which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at an educational establishment and where the person managing or having control of it is a specified person or a person of a specified description. (2) In— (a) sub-paragraph (1)(a) “specified” means specified for the purposes of that sub-paragraph in regulations made by the Secretary of State; (b) sub-paragraph (1)(b) “specified” means specified for the purposes of that sub-paragraph in regulations made by the Secretary of State; and the regulations may (in particular) provide that an educational establishment is specified, or of a specified description, for the purposes of sub-paragraph (1)(b). (3) Those regulations may, in particular, specify— (a) as a description of educational establishment for the purposes of sub-paragraph (1)(a), or (b) as a description of person for the purposes of sub-paragraph (1)(b), the members from time to time, or a description of the members from time to time, of a housing management code of practice which is specified in the regulations. (4) The Secretary of State may by regulations— (a) specify a class of building, and (b) provide that a building— (i) does not fall within this paragraph if it is of the specified class, or (ii) falls within this paragraph only if it is of the specified class. (5) The Secretary of State may by regulations— (a) specify a building manager or a class of building manager, (b) specify a class of building in relation to the specified building manager or the specified class of building manager, and (c) provide that a building which the specified building manager, or a building manager of the specified class, manages or has control of— (i) does not fall within this paragraph if the building is of the specified class, or (ii) falls within this paragraph only if the building is of the specified class. (6) Regulations under sub-paragraph (4)(a) or (5)(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 (4)(a) or (5)(b). (7) Regulations under sub-paragraph (5)(a) may, in particular, specify as a class of building manager— (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 (5)(a). (8) For the purposes of this paragraph— (a) “building manager” means an educational establishment or other person managing or having control of a building; (b) “housing management code of practice” means a code of practice approved by the Secretary of State under section 233 (codes relating to the management of HMOs or excepted accommodation); (c) 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; (d) 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.

  • (3) Any regulations made by the Secretary of State under paragraph 4 of Schedule 14 to the Housing Act 2004 before the coming into force of this section are to continue to have effect on and after the coming into force of this section as if made under paragraph 3A of that Schedule (inserted by this section).
  • (4) In paragraph 4 (buildings occupied by students)—
  • (a) in the heading, after “students” insert “: Wales”;
  • (b) in sub-paragraph (1), in the words before paragraph (a), after “building” insert “in Wales”.
  • (c) in sub-paragraph (2), for “appropriate national authority” substitute “Welsh Ministers”.
  • (d) in sub-paragraph (3), for “appropriate national authority” substitute “Welsh Ministers”.
  • (e) in sub-paragraph (4)—
  • (i) in the words before paragraph (a), for “appropriate national authority may have regard to the extent to which, in its opinion” substitute “Welsh Ministers may have regard to the extent to which, in their opinion”;
  • (ii) in paragraph (a), for “authority” substitute “Welsh Ministers”.
  • (5) In consequence of the other amendments made by this section—
  • (a) in paragraph 16E(3) of Schedule 2 to the Finance Act 2019 (inserted by Schedule 1 to the Finance Act 2025) (meaning of “institutional building”), in paragraph (i)(i) and (ii) (buildings occupied by students), for “paragraph 4” substitute “paragraph 3A or 4”;
  • (b) in the Capital Allowances Act 2001, in section 270CF (exclusion from qualifying use: residential use), in subsection (1)(b), for “paragraph 4” substitute “paragraph 3A or 4”.
  • (6) Any regulations made by the Treasury under paragraph 16E(3)(i)(ii) of Schedule 2 to the Finance Act 2019 before the coming into force of this section which designate provision as provision corresponding to paragraph 4 of Schedule 14 to the Housing Act 2004 are to continue to have effect on and after the coming into force of this section as if they designated the provision as provision corresponding to paragraph 3A or 4 of that Schedule.

Part 2 — Residential landlords

Chapter 1 — Meaning of “residential landlord”

Meaning of “residential landlord”

63
  • “residential landlord” means the landlord under a relevant tenancy of a dwelling in England that is not social housing;
  • “residential tenancy” and “residential tenant” are to be read accordingly.
  • “dwelling” means a building or part of a building which is occupied or intended to be occupied as a separate dwelling;
  • (a) an assured tenancy within the meaning of the 1988 Act, or
  • (b) a regulated tenancy within the meaning of the Rent Act 1977.
  • (4) The Secretary of State may by regulations amend this Chapter so as to—
  • (a) change the meaning of “residential landlord” in relation to a relevant tenancy—
  • (i) so that, in addition to or instead of the landlord under the relevant tenancy, it includes any or all superior landlords in relation to that tenancy, or

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