Renters’ Rights Act 2025

(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.

• (3) Regulations under subsection (1)—

• (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);

• “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 (asp 9);

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

• “relevant tenancy” means— a private residential tenancy under the Private Housing (Tenancies) (Scotland) Act 2016 (asp 19); an assured tenancy under the Housing (Scotland) Act 1988; a protected or statutory tenancy under the Rent (Scotland) Act 1984;

• “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.

• (6) In this section—

• “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.

• (9) For the purposes of this section—

• (a) a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and

• (b) “final notice” has the meaning given by paragraph 6 of Schedule 5.

Chapter 7 — Miscellaneous

Penalties for unlawful eviction or harassment of occupier

58

• (1) The Protection from Eviction Act 1977 is amended as follows.

• (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

• (1) The Landlord and Tenant Act 1985 is amended as follows.

• (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

• (1) After section 10B of the Landlord and Tenant Act 1985 insert—

(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.

• (2) Until section 100(3) (decent homes standard) comes into force, the definition of “residential premises” in section 1(4) of the Housing Act 2004 has effect for the purposes of section 10C and 10D of the Landlord and Tenant Act 1985 as if it were amended in accordance with section 100(3).

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

• (1) In this Part—

• “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.

• (2) In subsection (1)—

• “dwelling” means a building or part of a building which is occupied or intended to be occupied as a separate dwelling;

• “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.

• (3) In this section, “relevant tenancy” means—

• (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

• (ii) so that it does not include superior landlords added by virtue of this paragraph;

• (b) change the meaning of “relevant tenancy” so as to add or remove a particular kind of—

• (i) tenancy of a dwelling that is periodic or granted for a term of less than 21 years, or

• (ii) licence to occupy a dwelling;

• (c) change the meaning of “dwelling”—

• (i) so that, in addition to a building or part of a building, it includes any other structure, vehicle or vessel,

• (ii) so that it includes a building or part of a building, and anything for the time being included in the meaning of “dwelling” by virtue of sub-paragraph (i), which is occupied or intended to be occupied as a dwelling that is not a separate dwelling, or

• (iii) so that it does not include anything added by virtue of this paragraph.

• (5) Kinds of tenancy or licence added or removed under subsection (4)(b) may be identified by reference to any matters connected directly or indirectly with a tenancy or licence, including the characteristics or circumstances of any person who is so connected.

• (6) In subsection (4)(b)—

• (a) the reference to a tenancy of a dwelling includes a tenancy under which the dwelling is occupied for the purposes of either House of Parliament, and

• (b) the reference to a licence to occupy a dwelling includes such a licence under which the dwelling is occupied for the purposes of either House of Parliament.

• (7) The provision that may be made in regulations under subsection (4) by virtue of section 140(1)(a) includes provision amending section 99.

• (8) The provision that may be made in regulations under subsection (4) by virtue of section 140(1)(b) includes different provision for the purposes of different Chapters of this Part.

Chapter 2 — Landlord redress schemes

Landlord redress schemes

Landlord redress schemes

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• (1) The Secretary of State may make regulations requiring a residential landlord to be a member of a landlord redress scheme.

• (2) A “landlord redress scheme” means a scheme—

• (a) which provides for a complaint made by or on behalf of a prospective, current or former residential tenant against a member of the scheme to be independently investigated and determined by an independent individual, and

• (b) which is—

• (i) approved by the Secretary of State for the purposes of regulations under subsection (1), or

• (ii) administered by or on behalf of the Secretary of State and designated by the Secretary of State for those purposes.

• (3) A scheme must not be approved or designated under subsection (2)(b) unless it satisfies the conditions set out in regulations made under section 65(1).

• (4) In subsection (2)(a) “prospective residential tenant” means a person who—

• (a) offers to become a residential tenant of a dwelling that is marketed for the purpose of creating a residential tenancy, or

• (b) with a view to deciding whether to become a residential tenant of a dwelling that is marketed for that purpose—

• (i) requests information about the dwelling from a person marketing it, or

• (ii) visits or requests to visit such a dwelling by arrangement with a person marketing it.

• (5) Regulations under subsection (1) may—

• (a) require a person to be a member of a landlord redress scheme before a dwelling is marketed for the purpose of creating a residential tenancy under which that person will be a residential landlord;

• (b) prohibit a person from marketing a dwelling for the purpose of creating a residential tenancy unless the person who will be a residential landlord if the tenancy is granted is a member of a landlord redress scheme;

• (c) require a person to remain a member of the scheme after ceasing to be a residential landlord, for a period specified in the regulations.

• (6) Regulations under subsection (1) may require a person—

• (a) to provide relevant property information to the administrator of a landlord redress scheme, on applying to become a member of the scheme;

• (b) at any time after becoming a member of a landlord redress scheme, to notify the administrator of the scheme of any change to relevant property information previously provided by the person as soon as reasonably practicable, or within a period, as specified in the regulations.

• (7) For the purposes of subsection (6), “relevant property information” means such information as may be specified in the regulations relating to—

• (a) any residential tenancy under which the person is the residential landlord;

• (b) any dwelling which is proposed to be marketed for the purpose of creating a residential tenancy under which the person will be the residential landlord.

• (8) Before making regulations under subsection (1), the Secretary of State must be satisfied that all persons who are to be required to be a member of a landlord redress scheme will be eligible to join such a scheme before being so required (subject to any provision in the scheme about expulsion, as to which see section 65(2)(l)).

• (9) Nothing in this Chapter prevents a landlord redress scheme from providing (subject to regulations under section 65)—

• (a) for membership to be open to persons who wish to join as voluntary members;

• (b) for the investigation or determination of any complaints under a voluntary jurisdiction;

• (c) for voluntary mediation services;

• (d) for the exclusion from investigation and determination under the scheme of any complaint in such cases or circumstances as may be specified in or determined under the scheme.

• (10) In subsection (9)—

• “complaints under a voluntary jurisdiction” means complaints in relation to which there is no duty to be a member of a landlord redress scheme, where the members against whom the complaints are made have voluntarily accepted the jurisdiction of the scheme over those complaints;

• “voluntary mediation services” means mediation, conciliation or similar processes provided at the request of a member in relation to complaints made— against the member, or by the member against another person;

• “voluntary members” means members who are not subject to a duty to be a member of a landlord redress scheme.

Approval and designation of landlord redress schemes

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• (1) The Secretary of State must by regulations set out conditions which are to be satisfied for a scheme to be approved or designated under section 64(2)(b).

• (2) The conditions must include conditions requiring the scheme to include provision in accordance with the regulations—

• (a) for the appointment of an individual to be responsible for overseeing and monitoring the investigation and determination of complaints under the scheme,

• (b) about the terms and conditions of that individual and the termination of their appointment,

• (c) about the complaints that may be made under the scheme, which must include provision enabling the making of complaints about non-compliance with any codes of practice for residential landlords that are issued or approved by the Secretary of State,

• (d) about the time to be allowed for scheme members to resolve matters before a complaint is accepted under the scheme in relation to those matters,

• (e) about the circumstances in which a complaint may be rejected,

• (f) about co-operation (which may include the joint exercise of functions) of an individual who is investigating or determining a complaint with persons who have functions in relation to other kinds of complaint and with local housing authorities,

• (g) about the provision of information to the persons mentioned in paragraph (f) and the Secretary of State,

• (h) if members are required to pay fees in respect of compulsory aspects of the scheme, about the amount or amounts of those fees,

• (i) if there are voluntary aspects of the scheme—

• (i) for fees to be payable in respect of those aspects of the scheme, and

• (ii) about the amount or amounts of those fees,

• (j) for the individual determining a complaint to be able to require members to provide redress of the following types to the complainant—

• (i) providing an apology or explanation,

• (ii) paying compensation, and

• (iii) taking such other actions in the interests of the complainant as the individual determining the complaint may specify,

• (k) about the enforcement of the scheme and decisions made under the scheme,

• (l) for a person to be expelled from the scheme only—

• (i) in circumstances specified in the regulations,

• (ii) once steps to secure compliance that are specified in the regulations have been taken, and

• (iii) once the decision to expel the person has been reviewed by an independent person in accordance with the regulations,

• (m) for an expulsion to be revoked in circumstances specified in the regulations,

• (n) prohibiting a person from joining the scheme when the person has been expelled from another landlord redress scheme, except in circumstances specified in the regulations,

• (o) for circumstances in which the administration of the scheme is to be transferred to a different administrator, and

• (p) about the closure of the scheme by the administrator.

• (3) Conditions set out in regulations under subsection (1) may include conditions requiring the administrator or proposed administrator of a scheme to undertake to do things on an ongoing basis following approval or designation.

• (4) Fee conditions relating to—

• (a) fees payable in respect of compulsory aspects of the scheme may provide for the amount or amounts of the fees to be calculated by reference to such of the scheme costs as may be specified in the regulations, which may include scheme costs relating to the voluntary aspects of the scheme;

• (b) fees payable in respect of voluntary aspects of the scheme must provide for the amount or amounts of the fees to be calculated so that (taking one year with another) they are sufficient to meet such of the costs of the voluntary aspects of the scheme as may be specified in the regulations.

• (5) Conditions set out in regulations by virtue of subsection (2)(o) may require an approved scheme to provide for the administration of that scheme to be transferred to the Secretary of State or a person acting on behalf of the Secretary of State in circumstances specified in the regulations.

• (6) Where conditions set out in regulations by virtue of subsection (2)(o) require an approved scheme to include the provision mentioned in subsection (5), the regulations may provide for a scheme whose administration is transferred as mentioned in that subsection to be treated as a designated scheme instead of an approved one.

• (7) Subsections (2) to (6) do not limit the conditions that may be set out in regulations under subsection (1).

• (8) The Secretary of State may by regulations make further provision about the approval or designation of landlord redress schemes under section 64(2)(b), including provision—

• (a) about the number of redress schemes that may be approved or designated (which may be one or more);

• (b) about the making of applications for approval;

• (c) about the period for which an approval or designation is valid;

• (d) about the withdrawal of approval or revocation of designation.

• (9) Regulations under this section may—

• (a) confer functions (including functions involving the exercise of a discretion) on the Secretary of State, or authorise or require a scheme to do so;

• (b) provide for the delegation of such functions by the Secretary of State, or authorise or require a scheme to provide for that.

• (10) In this section—

• “compulsory aspects”, in relation to a scheme, means aspects of the scheme relating to complaints in relation to which there is a duty to be a member of a landlord redress scheme;

• “compulsory member”, in relation to a scheme, means a member of the scheme who is subject to a duty to be a member of a landlord redress scheme;

• “costs of the voluntary aspects”, in relation to a scheme, means the scheme costs if, or to the extent that, they relate to the voluntary aspects of the scheme (including scheme costs that are attributed to the voluntary aspects of the scheme);

• “fee condition” means a condition set out in regulations by virtue of subsection (2)(h) or (i)(ii);

• “scheme costs”, in relation to a scheme, means the costs (whether or not connected with a fee-payer) that are incurred in or associated with, or likely to be incurred in or associated with— the establishment and administration of the scheme (including the investigation and determination of complaints under the scheme); the performance of any other functions under this Chapter; the performance of any other functions under the scheme; including such costs that are, or are likely to be incurred by— the administrator of a redress scheme, or the individual responsible for overseeing and monitoring the investigation and determination of complaints under the scheme, in connection with enforcement by other persons of requirements imposed by or under this Chapter.

• “voluntary aspects”, in relation to a scheme, means aspects of the scheme that relate to— complaints under a voluntary jurisdiction, voluntary mediation services, or voluntary members; and terms used in this definition have the meanings given by section 64(10).

Financial penalties

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• (1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has—

• (a) breached regulations under section 64(1), or

• (b) committed an offence under section 67.

• (2) 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—

• (a) £7,000, if it is imposed under subsection (1)(a), or

• (b) £40,000, if it is imposed under subsection (1)(b).

• (3) More than one penalty may be imposed in respect of the same conduct only if—

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

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

• (4) Subsection (3) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

• (5) No financial penalty may be imposed in respect of any conduct amounting to an offence under section 67 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.

• (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 amounts specified in subsection (2) to reflect changes in the value of money.

• (9) For the purposes of this section and section 67—

• (a) a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and

• (b) “final notice” has the meaning given by paragraph 6 of Schedule 5.

Offences

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• (1) A person commits an offence if—

• (a) a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and

• (b) the conduct in respect of which the penalty was imposed continues after the end of the period of 28 days beginning with—

• (i) the day after that on which the penalty was imposed on the person, or

• (ii) if the person appeals against the final notice in respect of the penalty within that period, the day after that on which the appeal is finally determined, withdrawn or abandoned.

• (2) A person commits an offence if—

• (a) a relevant penalty has been imposed on the person in respect of a breach of regulations under section 64(1) and the final notice imposing the penalty has not been withdrawn, and

• (b) the person engages in conduct which constitutes a different breach of such regulations within the period of five years beginning with the day on which the penalty was imposed.

• (3) A person commits an offence if—

• (a) either—

• (i) a relevant penalty has been imposed on the person in respect of an offence under this section and the final notice imposing the penalty has not been withdrawn, or

• (ii) the person has been convicted of such an offence, and

• (b) the person breaches regulations under section 64(1) within the period of five years beginning with the day on which the relevant penalty was imposed or the person was convicted.

• (4) In subsections (1) to (3) “relevant penalty” means a financial penalty which is imposed under section 66 where—

• (a) the period for bringing an appeal against the penalty under paragraph 10 of Schedule 5 has expired without an appeal being brought,

• (b) an appeal against the financial penalty under that paragraph has been withdrawn or abandoned, or

• (c) the final notice imposing the penalty has been confirmed or varied on appeal.

• (5) A person may not be convicted of an offence under subsection (2) or (3) if a financial penalty has been imposed under section 66 in respect of the same conduct.

• (6) A person guilty of an offence under this section is liable on summary conviction to a fine.

• (7) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.

• (8) Where the affairs of a body corporate are managed by its members, subsection (6) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.

Decision under a landlord redress scheme may be made enforceable as if it were a court order

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• (1) The Secretary of State may by regulations make provision for, or in connection with, authorising the administrator of a landlord redress scheme to apply to a court or tribunal for an order that a determination made under the scheme and accepted by the complainant in question be enforced as if it were an order of a court.

• (2) Before making the regulations, the Secretary of State must consult—

• (a) one or more bodies appearing to the Secretary of State to represent the interests of residential landlords,

• (b) one or more bodies appearing to the Secretary of State to represent the interests of residential tenants, and

• (c) such other persons as the Secretary of State considers appropriate.

Landlord redress schemes: no Crown status

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A person exercising functions under a landlord redress scheme (other than the Secretary of State) is not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown or as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and any property held by such a person is not to be regarded as property of, or held on behalf of, the Crown.

Guidance

Guidance for scheme administrator and local housing authority

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• (1) The Secretary of State may from time to time issue or approve guidance for local housing authorities and the administrators of landlord redress schemes about cooperation between such local housing authorities and persons exercising functions under the schemes.

• (2) A local housing authority must have regard to any guidance issued or approved under this section.

• (3) The Secretary of State must exercise the powers in section 65 for the purpose of ensuring that the administrator of a redress scheme has regard to any guidance issued or approved under this section.

Interpretation

Interpretation of Chapter 2

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• (1) In this Chapter “landlord redress scheme” has the meaning given by section 64(2).

• (2) For the meanings of “residential landlord”, “residential tenancy” and “residential tenant” see section 63.

Related amendments

Housing activities under social rented sector scheme

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• (1) Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints) is amended as follows.

• (2) In paragraph 1—

• (a) in sub-paragraph (1), after “housing activities” insert “other than private rented sector activities”;

• (b) in sub-paragraph (3), at the end insert “, subject to paragraph 2A”.

• (3) In paragraph 2(1)—

• (a) in paragraph 4, after “scheme” insert “which must not include any private rented sector activities, except so far as the Secretary of State consents in writing to complaints about such activities being made under the scheme.”;

• (b) after paragraph 7 insert—

(7A) Where the scheme provides for the housing ombudsman to be employed by the person administering the scheme, provision for the enforcement of directions given under paragraph 10(3)(b).

• (4) After paragraph 2 insert—

(2A) Criteria under paragraph 2(b) of paragraph 2(1) must include criteria preventing a person who— (a) is a residential landlord, within the meaning given by section 63 of the Renters’ Rights Act 2025, and (b) is not a social landlord, from becoming a member of the scheme.

• (5) For paragraph 10 substitute—