Legalize / United Kingdom / Public General Act

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

(10) (1) The housing ombudsman for the purposes of an approved scheme is to be appointed by the Secretary of State on such terms as the Secretary of State thinks fit. (2) The Secretary of State may at any time remove a housing ombudsman from office. (3) In relation to an approved scheme which provides for the housing ombudsman to be employed by the person administering the scheme— (a) the reference in sub-paragraph (1) to the terms on which the housing ombudsman is appointed includes a reference to the terms of the housing ombudsman’s employment by that person; (b) the power of the Secretary of State under sub-paragraph (2) to remove a housing ombudsman from office includes power to give the person administering the scheme a direction in writing to cease to employ the individual who is housing ombudsman as housing ombudsman (and a direction under this paragraph may be revoked or varied by a further direction under this paragraph). (4) Where an approved scheme does not provide that it is to be administered by a body corporate— (a) the Secretary of State may by order provide that the housing ombudsman for the purposes of the scheme is to be a corporation sole, and (b) the staff to administer the scheme and otherwise assist the ombudsman in the discharge of functions are to be appointed and employed by the ombudsman. (5) Where an approved scheme provides that it is to be administered by a body corporate the Secretary of State may delegate functions under sub-paragraph (1) or (2) to the body administering the scheme. (6) A delegation under sub-paragraph (5) may specify— (a) the extent to which the functions are delegated; (b) any conditions to which the delegation is subject. (7) A delegation under sub-paragraph (5)— (a) must be in writing; (b) may be varied or revoked by the Secretary of State, in writing, at any time; (c) does not prevent the Secretary of State from exercising the functions. (8) A housing ombudsman 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 a housing ombudsman is not to be regarded as property of, or held on behalf of, the Crown.

(6) After paragraph 12 insert—

(13) In this Schedule “private rented sector activities” means activities carried on by a person as a residential landlord within the meaning given by section 63 of the Renters’ Rights Act 2025.

Other amendments connected with landlord redress schemes

73

Schedule 3 contains amendments connected with landlord redress schemes.

Local Commissioners’ investigation of complaints by persons who are not tenants

74

In section 26 of the Local Government Act 1974, at the end of subsection (8) insert

unless— (a) the investigation is in respect of action described in paragraph 5A or 5B of that Schedule, and (b) the person affected is not an individual of a description whom a scheme approved under Schedule 2 to the Housing Act 1996 (investigation of social housing complaints by housing ombudsman) provides may make a complaint under that scheme in respect of that action.

Chapter 3 — The Private Rented Sector Database

The database and the database operator

The database

75

(1) The database operator must establish and operate a database containing—

(a) entries in respect of persons who are, or intend to become, residential landlords,

(b) entries in respect of dwellings which are, or are intended to be, let under residential tenancies, and

(i) persons against whom relevant banning orders have been made,

(ii) persons who have been convicted of, or on whom financial penalties have been imposed in relation to, relevant banning order offences, and

(iii) persons who have been convicted of offences, on whom financial penalties have been imposed or who have been subject to regulatory action, of a description prescribed by regulations under that section.

(2) In this Chapter—

(a) “landlord entry” means an entry in the database in respect of a person mentioned in subsection (1)(a);

(b) “dwelling entry” means an entry in the database in respect of a dwelling mentioned in subsection (1)(b).

(3) Landlord and dwelling entries may be either active or inactive: see sections 77 (4) and 79.

The database operator

76

(1) In this Chapter “database operator” means—

(a) the Secretary of State, or

(b) a person who the Secretary of State has arranged to be the database operator.

(2) The arrangements—

(a) may include provision for payments by the Secretary of State;

(b) may include provision about bringing the arrangements to an end.

(3) The Secretary of State may by regulations—

(a) require the database operator to ensure that the database has features and functionality specified in the regulations,

(b) confer on the database operator powers to enter into contracts and other agreements for the purpose of facilitating the operation of the database,

(c) provide for functions of the database operator specified in the regulations to be carried out by lead enforcement authorities, local housing authorities or others specified in the regulations instead of, or in addition to, being carried out by the database operator, and

(d) make transitional or saving provision which applies when there is a change of database operator.

(4) Regulations under subsection (3)(d) may relate to a specific change of database operator or to changes that might arise from time to time.

Landlord and dwelling entries

Making entries in the database

77

(1) The Secretary of State may by regulations make provision about the making of landlord and dwelling entries in the database.

(2) The regulations may, in particular—

(a) provide for how, and by whom, a landlord or dwelling entry is to be made,

(b) require information or documents to be provided,

(d) allow an entry to be made before all of the requirements imposed by the regulations have been complied with, provided that any requirements not complied with by that time are complied with before the end of a period specified in the regulations.

(3) The period specified as mentioned in subsection (2)(d) must not exceed the period of 28 days beginning with the day on which the entry is made.

(4) A landlord or dwelling entry made in accordance with the regulations is an active entry from the time it is made until it becomes an inactive entry in accordance with regulations under section 79.

(5) See section 86 for the power to make regulations specifying the information contained in active landlord and dwelling entries that is to be made available to the public by the database operator.

Requirement to keep active entries up-to-date

78

(1) The Secretary of State may by regulations make provision requiring active landlord and dwelling entries in the database to be kept up-to-date.

(2) The regulations may, in particular—

(a) provide for how, and by whom, an active landlord or dwelling entry is to be kept up-to-date,

(b) require information or documents to be provided,

(d) specify the time by which the requirements must be complied with.

(3) The requirements that may be imposed by regulations under this section do not include requirements for the payment of fees.

Circumstances in which active entries become inactive and vice versa

79

(1) The Secretary of State may by regulations make provision about the circumstances in which an active landlord or dwelling entry in the database is to become an inactive entry, and vice versa.

(2) The regulations may, in particular—

(a) provide for an active landlord or dwelling entry to become inactive after a period specified in or determined in accordance with the regulations if requirements specified in the regulations are not met,

(b) provide for an active landlord or dwelling entry to become inactive in circumstances in which an active entry is no longer required in respect of the landlord or dwelling, and

(3) The requirements that may be imposed by regulations under this section include requirements for the payment of fees.

Verification, correction and removal of entries

80

(1) The Secretary of State may by regulations make provision about—

(a) the verification of landlord and dwelling entries in the database,

(b) the correction of errors in such entries, and

(2) The regulations may, in particular—

(a) require a proportion of landlord and dwelling entries, and of anything required to be provided by regulations under section 77, 78 or 79, specified in or determined in accordance with the regulations to be verified by local housing authorities or others,

(b) make provision about how that verification is to be carried out,

(c) authorise the correction of errors in landlord and dwelling entries and specify by whom such corrections may be made, and

(d) authorise the removal from the database of landlord and dwelling entries that appear to a person specified in the regulations not to meet requirements imposed by or under this Chapter for inclusion in the database.

Fees for landlord and dwelling entries

81

(1) This section applies where regulations under section 77 or 79 require payment of a fee.

(2) The regulations must—

(a) specify the amount or amounts of the fee, or

(b) provide for the amount or amounts of the fee to be determined by the database operator by reference to such of the relevant costs as may be specified in the regulations.

(3) The amount or amounts specified in the regulations under subsection (2)(a) may be calculated by reference to the relevant costs.

(4) The “relevant costs” are 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—

(a) the establishment and operation of the database;

(b) the enforcement of requirements imposed by or under this Chapter;

(d) the enforcement of any other requirements imposed by or under this Act or otherwise in relation to the private rented sector.

(5) The amount or amounts specified in the regulations under subsection (2)(a) or determined in accordance with subsection (2)(b) may, in the case of a fee charged for an entry in the database to become active again after becoming inactive as a result of provision made by virtue of section 79 (2)(a), be higher than the fee that would otherwise be charged had the entry remained active.

(6) The fees are to be payable to the database operator by such persons and in such circumstances as the regulations may provide.

(7) The Secretary of State may direct the database operator to pay to local housing authorities or into the Consolidated Fund the amount it receives in respect of the fees it charges, or any part of that amount.

(8) If the Secretary of State is the database operator—

(a) subsection (7) does not apply, and

(b) the Secretary of State may pay to local housing authorities the amount it receives in respect of fees it charges, or any part of that amount.

(9) For the purposes of this section—

requirements “in relation to the private rented sector” means requirements relating to— residential premises in England that are let, or intended to be let, under a tenancy; the common parts of such premises; the activities of a landlord under a tenancy of residential premises in England; the activities of a superior landlord in relation to such a tenancy; 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; 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;

“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;

“tenancy” includes a licence to occupy.

Marketing, advertising and letting

Restrictions on marketing, advertising and letting dwellings

82

(1) A person must not market a dwelling for the purpose of creating a residential tenancy unless—

(a) there is an active landlord entry in the database in respect of the person who will be the residential landlord if the tenancy is granted, and

(b) there is an active dwelling entry in the database in respect of the dwelling.

(2) A person who advertises a dwelling for the purpose of creating a residential tenancy must include in any written advertisement the unique identifiers allocated by the database operator to—

(a) the person who will be the residential landlord if the tenancy is granted, and

(b) the dwelling.

(3) A person who is a residential landlord in relation to a dwelling is under a duty to ensure that—

(a) there is an active landlord entry in the database in respect of the person and an active dwelling entry in the database in respect of the dwelling, and

(b) any requirements relating to the entries imposed by regulations under section 78 are complied with.

(4) The Secretary of State may by regulations specify cases or circumstances in which—

(a) a person of a description specified in the regulations is to be subject to the duty in subsection (3) instead of the residential landlord;

(b) a duty imposed by this section, either does not apply at all or does not apply for a period specified in or determined in accordance with the regulations.

(5) A breach of subsection (1), (2) or (3) does not affect the validity or enforceability of a residential tenancy or other contract by virtue of any rule of law relating to the validity or enforceability of contracts in circumstances involving illegality.

Entries relating to banning orders, offences, financial penalties, etc.

83

(1) A local housing authority must make an entry in the database in respect of a person if—

(a) a relevant banning order has been made against the person following an application by the authority,

(b) the person has been convicted of a relevant banning order offence following the institution of criminal proceedings by the authority, or

(2) A local housing authority may make an entry in the database in respect of a person if—

(a) the person has been convicted of a relevant banning order offence following the institution of criminal proceedings by a person other than a local housing authority, or

(b) a financial penalty has been imposed on the person in relation to a relevant banning order offence by a person other than a local housing authority.

(3) The person who instituted the criminal proceedings or imposed the penalty must provide to the local housing authority such information as the authority requests for the purpose of making an entry under subsection (2).

(4) The Secretary of State may by regulations impose a duty on local housing authorities to make entries in the database under subsection (2) in circumstances specified in the regulations.

(5) An entry may be made under subsection (1) or (2) only if—

(a) the period for appealing against any order, conviction or penalty mentioned in those subsections has expired, and

(b) any such appeal has been finally determined, withdrawn or abandoned.

(6) The Secretary of State may by regulations authorise or require local housing authorities to make an entry in the database in respect of a person—

(a) who is convicted of an offence, on whom a financial penalty is imposed or who is subject to regulatory action, of a description prescribed by the regulations, and

(b) where the offence, financial penalty or regulatory action relates to conduct which occurred at a time when the person was a residential landlord or marketing a dwelling for the purpose of creating a residential tenancy.

(7) Regulations under subsection (6) may, in particular—

(a) describe an offence by reference to—

(i) the nature of the offence,

(ii) the characteristics of the offender,

(iii) the place where the offence is committed,

(iv) the circumstances in which it is committed,

(v) the court sentencing a person for the offence, or

(vi) the sentence imposed, and

(b) make provision for local housing authorities to obtain information from another person for the purpose of making an entry in the database under the regulations.

(8) An entry made under this section must include—

(a) the name of the person in respect of whom the entry is made,

(b) where the entry is made under subsection (1), the date the banning order was made and the date on which the person will cease to be subject to it, and

(9) Regulations under subsection (8)(c) may, in particular, require an entry to include—

(a) the person’s address or other contact details,

(b) details of any dwellings in relation to which the person is a residential landlord, and

(10) A local housing authority must take reasonable steps to ensure that any entry it has made in the database under this section is correct and up-to-date.

(11) See section 86 for the power to make regulations specifying the information contained in entries under this section that is to be made available to the public by the database operator.

(12) In this Chapter—

“relevant banning order” means an order under Chapter 2 of Part 2 of the Housing and Planning Act 2016 that— is made on or after the day on which this section comes into force, bans a person from letting housing (within the meaning of that Part of that Act) in England, and relates to an offence committed at a time when the person against whom the order was made was— a residential landlord, or marketing a dwelling for the purpose of creating a residential tenancy.

“relevant banning order offence” means a banning order offence (as defined in Part 2 of the Housing and Planning Act 2016) committed— on or after the day on which this section comes into force, and at a time when the person who committed the offence was— a residential landlord, or marketing a dwelling for the purpose of creating a residential tenancy.

Further duties of database operator

Allocation of unique identifiers

84

(1) The database operator must allocate an identifier (referred to in this Chapter as a “unique identifier”) to each person in respect of whom, and dwelling in respect of which, an entry is made in the database under this Chapter.

(2) The identifier must be a sequence of letters, numbers or both that enables the person or dwelling to be distinguished from any other person in respect of whom, or dwelling in respect of which, there is an entry in the database.

(3) This section does not require the database operator to allocate a unique identifier to a person to whom, or dwelling to which, a unique identifier has previously been allocated.

Other duties

85

(1) The database operator must—

(a) ensure that facilities are available for persons who are unable to use a computer or other electronic device, or do not wish to do so, to make and maintain landlord and dwelling entries in the database,

(b) ensure that local housing authorities are able to edit the database for the purpose of carrying out the functions conferred on them by or under this Chapter,

(c) ensure that facilities are available for breaches of any requirement imposed by section 82 to be reported to the database operator and that reports of such breaches are passed on to such local housing authorities as the database operator thinks appropriate, and

(d) publish advice and information explaining to residential landlords and residential tenants their rights and obligations under this Chapter.

(2) The database operator must report to the Secretary of State on—

(a) the performance of the database, and

(b) any matters or trends relating to the database and the information contained in it that the database operator considers are appropriate to be brought to the attention of the Secretary of State.

(3) Reports under subsection (2) are to be made at such times, and cover such matters—

(a) as may be agreed between the database operator and the Secretary of State, or

(b) in default of such agreement, as the Secretary of State may direct.

(4) Subsection (2) does not apply if the Secretary of State is the database operator.

Access to and use of information in database

Access to the database

86

(1) The Secretary of State may by regulations—

(a) specify the information contained in active landlord and dwelling entries in the database, and in entries made in the database under section 83, which the database operator is to make available to the public,

(b) make provision requiring an active landlord entry and an entry made under section 83 in respect of the same person to be linked,

(i) specify the period after which information contained in the entry is to be made available to the public, which must be no less than 21 days beginning with the day on which the entry is made,

(ii) make provision for the person to be notified by the local housing authority of the period for the purpose of making representations to the authority about any errors in information contained in the entry, and

(iii) specify the circumstances in which information contained in such an entry is to cease to be available to the public, and

(d) specify the manner and form in which information is to be made available to the public by the database operator under the regulations.

(2) The database operator must give access to information in the database to the following—

(a) lead enforcement authorities,

(b) local housing authorities,

(d) mayoral combined authorities, as defined by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009, and

(e) the Greater London Authority.

(3) If the Secretary of State is not the database operator, the database operator must give access to information in the database to the Secretary of State.

Disclosure by database operator etc

87

(1) The database operator must not disclose restricted information from the database except—

(a) in accordance with section 86 (2) or (3), or

(b) where authorised by regulations under this section.

(2) The Secretary of State may by regulations make provision authorising the disclosure from the database of restricted information where the disclosure is necessary—

(a) to enable or facilitate compliance with a statutory requirement specified in the regulations,

(b) to enable or facilitate compliance with a requirement of a rule of law specified in the regulations, or

(3) The regulations may—

(a) specify the manner and form in which the information may be disclosed, and

(b) impose restrictions on the use and further disclosure of information disclosed under the regulations.

(4) A disclosure authorised by the regulations does not breach—

(a) any obligation of confidence owed by the database operator, or

(b) any other restriction on the disclosure of information (however imposed).

(5) Nothing in this section or the regulations authorises the making of a disclosure that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section and the regulations).

(6) A person commits an offence if the person knowingly or recklessly discloses restricted information in contravention of—

(a) subsection (1), or

(b) a restriction on further disclosure imposed by regulations under this section.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine.

(8) In this section—

“data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“restricted information” means information that— is not made available to the public by virtue of regulations under section 86, and relates to and identifies a particular person (including a body corporate).

(9) For the purposes of subsection (8) information identifies a particular person if the identity of that person—

(a) is specified in the information,

(b) can be deduced from the information, or

Use of information from the database

88

(1) A lead enforcement authority may only use information obtained from the database for purposes connected with the authority’s functions under the provisions of the landlord legislation for which it is responsible.

(2) A local housing authority may only use information obtained from the database for purposes connected with the authority’s functions relating to housing, residential landlords or residential tenancies.

(3) A local weights and measures authority may only use information obtained from the database for purposes connected with the authority’s functions of enforcing standards relating to housing.

(4) A mayoral combined authority and the Greater London Authority may only use information obtained from the database for purposes connected with the authority’s functions relating to housing.

Removal of entries

Removal of entries from database

89

(1) The database operator must remove a landlord or dwelling entry from the database if it has been an inactive entry throughout a continuous period of 5 years.

(2) The database operator must remove an entry made under section 83 at the end of the period of 10 years beginning with the day on which the entry is made.

(3) But if, in the case of an entry made in respect of a relevant banning order, the ban imposed by the order continues after the end of the period mentioned in subsection (2), that subsection does not apply and the database operator must remove the entry when the ban ends.

Enforcement

Restriction on gaining possession

90

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

(a) in subsection (4), after “then” insert “, subject to subsection (5ZC),”;

(b) after subsection (5ZB) (inserted by section 3 (2)(d) of this Act) insert—

(5ZC) The court may not make an order for possession of a dwelling-house while the landlord (or, in the case of joint landlords, any of the joint landlords) is in breach of section 82 (3)(a) of the Renters’ Rights Act 2025 in relation to the dwelling-house, unless the ground for possession is Ground 7A in Part 1 of Schedule 2 to this Act or Ground 14 in Part 2 of that Schedule.

(2) The Secretary of State may by regulations amend section 7 of the 1988 Act for the purpose of changing—

(a) the person or persons by whom, or

(b) the circumstances in which,

a breach of section 82 (3)(a) of this Act prevents the making of an order for possession.

Financial penalties

91

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

(a) breached a requirement imposed by section 82 (1), (2) or (3),

(b) committed an offence under section 92.

(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 financial penalty may be imposed under this section in respect of the same conduct only if—

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

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

(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 under this section in respect of any conduct if—

(a) the person has been convicted of an offence under section 92 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 92—

(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

92

(1) A person commits an offence if the person knowingly or recklessly provides information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under this Chapter.

(2) 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 decision to impose the penalty within that period, the day after that on which the appeal is finally determined, withdrawn or abandoned.

(3) A person commits an offence if—

(a) a relevant penalty has been imposed on the person in respect of a breach of a requirement imposed by section 82 (1), (2) or (3) 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 a requirement within the period of five years beginning with the day on which the penalty was imposed.

(4) 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 a requirement imposed by section 82 (1), (2) or (3) within the period of five years beginning with the day on which the relevant penalty was imposed or the person was convicted.

(5) In subsections (2) to (4) “relevant penalty” means a financial penalty which is imposed under section 91 where—

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

(b) an appeal against the decision to impose the penalty under that paragraph has been withdrawn or abandoned, or

(6) A person may not be convicted of an offence under subsections (1), (3) or (4) if a financial penalty has been imposed under section 91 in respect of the same conduct.

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

(8) 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.

(9) Where the affairs of a body corporate are managed by its members, subsection (8) 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.

Final provisions

Power to direct database operator and local housing authorities

93

(1) The Secretary of State may from time to time give directions—

(a) to the database operator about the manner in which it is to exercise its functions, and

(b) to local housing authorities about the manner in which they are to exercise the functions conferred on them by or under this Chapter.

(2) Directions under subsection (1) may provide, in particular, that a function is only to be exercised—

(a) after consultation with the Secretary of State, or

(b) with the consent of the Secretary of State.

(3) Subsection (1)(a) does not apply if the Secretary of State is the database operator.

Entries under section 83: minor and consequential amendments

94

(1) The Housing and Planning Act 2016 is amended as follows.

(2) In section 28 (database of rogue landlords and property agents), after subsection (3) insert—

(4) In relation to rogue landlords, see also the database established under section 75 of the Renters’ Rights Act 2025.

(3) In section 29 (duty to include person with banning order), after subsection (2) insert—

(3) In this section, references to a “banning order” are to a banning order made— (a) before the day on which Chapter 3 of Part 2 of the Renters’ Rights Act 2025 comes into force, or (b) on or after that day if— (i) the order does not ban the person against whom it is made from letting housing in England, or (ii) the order relates to an offence to which subsection (4)applies. (4) This subsection applies to an offence which was committed by a person who at the time was neither— (a) a residential landlord as defined in Part 2 of the Renters’ Rights Act 2025 (see sections 63 and 99 (2) of that Act), nor (b) marketing a dwelling for the purpose of creating a residential tenancy, as defined for the purposes of that Part of that Act (see section 99 (3) to (7) of that Act).

(4) In section 30 (power to include person convicted of banning order offence), after subsection (7)—

(8) In this section, references to a “banning order offence” are to a banning order offence committed— (a) before the day on which Chapter 3 of Part 2 of the Renters’ Rights Act 2025 comes into force, or (b) on or after that day if it is an offence to which subsection (9) applies. (9) This subsection applies to a banning order offence which was committed by a person who at the time was neither— (a) a residential landlord as defined in Part 2 of the Renters’ Rights Act 2025 (see sections 63 and 99 (2) of that Act), nor (b) marketing a dwelling for the purpose of creating a residential tenancy, as defined for the purposes of that Part of that Act (see section 99 (3) to (7) of that Act).

Different provision for different purposes: joint landlords

95

The different provision that may be made in regulations under this Chapter by virtue of section 140 (1)(b) includes different provision for joint landlords, for example provision for or in relation to a single landlord entry in respect of joint landlords.

Interpretation of Chapter 3

96

(1) In this Chapter—

“database” means the database established under section 75;

“lead enforcement authority” and “the landlord legislation” have the same meanings as in Part 4;

“relevant banning order” and “relevant banning order offence” have the meanings given by section 83;

“unique identifier” has the meaning given by section 84 (1).

(2) Section 111 (6) (lead enforcement authority “responsible” for the provisions of the landlord legislation) applies for the purposes of this Chapter as it applies for the purposes of Part 4.

Chapter 4 — Part 2: supplementary provision

Financial assistance by Secretary of State

97

The Secretary of State may give financial assistance (by way of grant, loan, guarantee or in any other form) or make other payments to a person who exercises functions under or by virtue of this Part.

Rent repayment orders for offences under the Housing Act 1988 and sections 67 and 92 of this Act

98

(1) The Housing and Planning Act 2016 is amended as follows.

(2) In section 40 (introduction and key definitions), in subsection (3)—

(a) at the end of line 2 of the table in that subsection insert—

2A	Housing Act 1988	section 16J (1)	Knowingly or recklessly misusing a possession ground
2B	Housing Act 1988	section 16J (2)	Breach of restriction on letting or marketing dwelling-house
2C	Housing Act 1988	section 16J (3)	Tenancy reform: continuing breaches

;

(b) in line 5 of the table in that subsection, in the third column, for “control or management of unlicensed HMO” substitute “offences relating to unlicensed HMOs”;

(c) in line 6 of the table in that subsection, in the third column, for “control or management of unlicensed house” substitute “offences relating to unlicensed houses”;

(d) at the end of the table in that subsection insert—

8	Renters’ Rights Act 2025	section 67 (1)	Landlord redress schemes: continuing breaches
9	Renters’ Rights Act 2025	section 92 (1)	Private rented sector database: provision of false or misleading information
10	Renters’ Rights Act 2025	section 92 (2) (but only if the penalty imposed relates to a breach of a requirement imposed by section 82 (3))	Private rented sector database: continuing breaches

(3) In section 41 (application for rent repayment order)—

(a) in subsection (2)(b), for “12 months” substitute “2 years”;

(b) after subsection (2) insert—

(2A) The requirement in subsection (2)(a) does not apply to an application for a rent repayment order in relation to an offence under section 16J (1) or (2) of the Housing Act 1988.

(4) In section 42 (notice of intended proceedings), in subsection (5), for “12 months” substitute “2 years”.

(5) In section 44 (amount of order: tenants)—

(a) in subsection (2), in the first column of the table—

(i) in the first row, for “or 2” substitute “, 2, 2A or 9”, and

(ii) in the second row, for “3” to “7” substitute “2C, 3, 4, 5, 6, 7, 8 or 10”;

(b) in subsection (2), after the first row of the table insert—

an offence mentioned in row 2B of the table in section 40(3)	the period of 2 years ending with the date of the offence or, if the tenancy ends before that date, the date on which it ends

;

(i) omit the “and” at the end of paragraph (b),

(ii) in paragraph (c), after “of” insert “, or received a financial penalty in respect of,”, and

(iii) at the end of paragraph (c) insert

, and (d) whether the landlord has at any time had a rent repayment order made against them.

(6) In section 45 (amount of order: local housing authorities)—

(a) in subsection (2), in the first column of the table —

(i) in the first row, for “or 2” substitute “, 2, 2A or 9”, and

(ii) in the second row, for “3” to “7” substitute “2C, 3, 4, 5, 6, 7, 8 or 10”;

(b) in subsection (2), after the first row of the table insert—

an offence mentioned in row 2B of the table in section 40(3)	the period of 2 years ending with the date of the offence or, if the tenancy ends before that date, the date on which it ends

;

(i) omit the “and” at the end of paragraph (b),

(ii) in paragraph (c), after “of” insert “, or received a financial penalty in respect of,”, and

(iii) at the end of paragraph (c) insert

, and (d) whether the landlord has at any time had a rent repayment order made against them.

(7) In section 46 (amount of order following conviction)—

(a) in subsection (1), for “both” substitute “either”;

(b) for subsection (3) substitute—

(3) Condition 2 is that the order is made against a landlord in relation to an offence (the “relevant offence”) where the landlord has at any time (whether or not in relation to the same tenancy or housing)— (a) been convicted of another offence which is the same offence as the relevant offence, (b) received a financial penalty in respect of another offence which is the same offence as the relevant offence, or (c) had a rent repayment order made against them in respect of another offence which is the same offence as the relevant offence.

;

(4A) For the purposes of subsection (3), an offence under section 72(1) of the Housing Act 2004 is to be treated as the same offence as an offence under section 95(1) of that Act (and vice versa).

Interpretation of Part 2

99

(1) In this Part “dwelling” has the meaning given by section 63 (2).

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

(3) For the purposes of this Part, a person markets a dwelling for the purpose of creating a residential tenancy when—

(a) the person advertises that the dwelling is or may be available for let under a residential tenancy, or

(b) in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.

(4) But subsection (3)(a) does not apply in relation to a person who publishes an advertisement in the course of a business that does not involve lettings agency work if the advertisement has been provided by another person.

(5) For the purposes of this section, “lettings agency work” means things done by a person in the course of a business in response to instructions received from—

(a) a person (“a prospective landlord”) seeking to find another person to whom to let a dwelling, or

(b) a person (“a prospective tenant”) seeking to find a dwelling to rent.

(6) However, “lettings agency work” does not include any of the following things when done by a person who does nothing else within subsection (5)—

(a) publishing advertisements or disseminating information;

(b) providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or prospective landlord;

(7) “Lettings agency work” also does not include things of a description, or things done by a person of a description, specified in regulations made by the Secretary of State.

Part 3 — Decent homes standard

Decent homes standard

100

(1) The Housing Act 2004 is amended as follows.

(2) In section 1 (new system for assessing housing conditions and enforcing housing standards), after subsection (3) insert—

(3A) This Part also provides— (a) for regulations to specify requirements that must be met in England by qualifying residential premises, and (b) for the enforcement of those requirements by local housing authorities in England.

(3) In subsection (4) of that section, after paragraph (d) insert—

(e) accommodation in England— (i) the availability for occupation of which is secured under Part 7 of the Housing Act 1996 (homelessness), and (ii) that is of a description specified by regulations made by the Secretary of State, or

(4) After subsection (4) of that section, insert—

(4A) Before making regulations under subsection (4)(e)(ii), the Secretary of State must consult such persons as the Secretary of State considers appropriate. (4B) The requirement to consult under subsection (4A) may be satisfied by consultation before (as well as after) the passing of the Renters’ Rights Act 2025.

(5) After section 2 insert—

(2A) (1) The Secretary of State may by regulations specify requirements to be met by qualifying residential premises. (2) The matters which may be covered by the requirements include (but are not limited to) the following matters— (a) the state of repair of the premises, (b) things to be provided for use by, or for the safety, security or comfort of, persons occupying the premises, and (c) the means of keeping the premises at a suitable temperature. (3) The requirements are to consist of one or both of the following— (a) requirements which the Secretary of State considers appropriate to be subject to enforcement under section 5 (duty of local housing authorities to take enforcement action), referred to in this Part as “type 1 requirements”, and (b) requirements which the Secretary of State considers appropriate to be subject to enforcement under section 7 (power of local housing authorities to take enforcement action), referred to in this Part as “type 2 requirements”. (4) The regulations may contain exceptions from the requirements. (2B) (1) The following are “qualifying residential premises” for the purposes of this Part— (a) a dwelling or HMO in England— (i) which is let under a relevant tenancy, or (ii) which is supported exempt accommodation, except where the dwelling or HMO is social housing and the landlord under the tenancy, or the provider of the accommodation, is a registered provider of social housing, (b) an HMO in England where at least one unit of accommodation which forms part of the HMO is let on a relevant tenancy, except where the unit is social housing and the landlord under the tenancy is a registered provider of social housing, (c) a building or part of a building constructed or adapted for use as a house in multiple occupation if— (i) it is for the time being only occupied by persons who form a single household, and (ii) the accommodation which those persons occupy is let under a relevant tenancy or is supported exempt accommodation, except where the accommodation which those persons occupy is social housing and the landlord under the tenancy, or the provider of the supported exempt accommodation, is a registered provider of social housing, (d) any accommodation falling within paragraph (e) of the definition of “residential premises” in section 1(4) (homelessness), except where the accommodation is social housing and the provider of the accommodation is a registered provider of social housing, and (e) any common parts of a building in England containing one or more flats falling within paragraph (a), (b), (c) or (d) of this subsection. (2) In this Part— - “relevant tenancy” means— an assured tenancy within the meaning of the Housing Act 1988, an assured agricultural occupancy within the meaning of Part 1 of that Act, or a regulated tenancy within the meaning of the Rent Act 1977; - “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008; - “supported exempt accommodation” has the same meaning as in the Supported Housing (Regulatory Oversight) Act 2023 (see section 12 of that Act). (3) The Secretary of State may by regulations amend this section so as to change the meaning of “relevant tenancy” so as to add or remove a particular kind of— (a) tenancy that is periodic or granted for a term of less than 21 years, or (b) licence to occupy. (4) Before making regulations under subsection (3), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(6) In Schedule 4, Part 1 contains amendments of the Housing Act 2004 and Part 2 contains amendments of other Acts.

The standard of MOD accommodation

101

(1) The Secretary of State must prepare and publish in relation to each year a report on—

(a) the extent to which service family accommodation in England meets the relevant standards during that year, and

(b) the work to maintain and improve the standard of service family accommodation in England that is undertaken during that year and planned for subsequent years.

(2) The Secretary of State—

(a) may make the required assessment, or

(b) may arrange for an independent person to make the required assessment,

in relation to any year.

(3) If the Secretary of State makes the required assessment in relation to a year, the Secretary of State must—

(a) arrange for an independent person to evaluate the assessment, and

(b) include that evaluation in the annual report relating to that year.

(4) The Secretary of State must lay each annual report before Parliament.

(5) The required assessment for a particular year may be made by reference to what is, in the view of the person carrying out the assessment, a representative sample of service family accommodation.

(6) The duty imposed by subsection (1) may be complied with by the preparation and publication of a report which relates to service family accommodation in England and elsewhere in the United Kingdom.

(7) For the purposes of this section, service family accommodation meets the relevant standards if the accommodation would be a decent home when assessed in accordance with the 2006 decent homes standard.

(8) The Secretary of State may, by regulations, amend this section so as to make provision about what it means for service family accommodation to meet the relevant standards (which may include provision that operates by reference to other subordinate legislation).

(9) But that power is not exercisable unless and until, in the Secretary of State’s view, it has ceased to be appropriate for the 2006 decent homes standard to be used for the purposes of the required assessment (having regard, in particular, to whether, or how, that standard continues to be used for other assessments of the standard of living accommodation).

(10) In this section—

“2006 decent homes standard” means the document called “A Decent Home: Definition and guidance for implementation” that was published by the Department for Communities and Local Government on 7 June 2006;

“annual report” means a report prepared in accordance with subsection (1);

“independent” means appearing to the Secretary of State to be independent of— the Secretary of State, other Ministers of the Crown, government departments, and persons who provide, manage or maintain service family accommodation;

“required assessment” means an assessment of the extent to which service family accommodation meets the relevant standards during a year;

“service family accommodation” means any building or part of a building which is provided for the use of service families as living accommodation (whether or not it is provided by the Secretary of State); and for this purpose a “service family” is— a person subject to service law and members of the person’s family, or a civilian subject to service discipline and members of the civilian’s family; and expressions used in this definition have the same meanings as they have in the Armed Forces Act 2006;

“year” means— 1 April 2026 to 31 March 2027, and each subsequent period of one year beginning with 1 April.

Part 4 — Enforcement

Chapter 1 — Sanctions

Financial penalties

102

Schedule 5 makes provision about—

(a) the procedure for imposing a financial penalty under sections 40, 57, 66, 91,

(b) appeals against financial penalties under those sections,

(d) how local housing authorities are to deal with the proceeds of financial penalties under those sections.

Rent repayment orders: liability of landlords and superior landlords

103

(1) The Housing and Planning Act 2016 is amended as follows.

(2) In section 40 (introduction and key definitions), for subsections (1) and (2) substitute—

(1) This Chapter confers power on the First-tier Tribunal to make a rent repayment order where an offence to which this Chapter applies has been committed by— (a) a landlord under a tenancy of housing in England, or (b) any superior landlord in relation to such a tenancy. (2) A rent repayment order is an order requiring the landlord or superior landlord who committed the offence to— (a) pay a tenant an amount in respect of rent paid by or on behalf of the tenant (whether the rent was paid to the landlord or superior landlord against whom the order is made, or to another person), or (b) pay a local housing authority an amount in respect of a relevant award of universal credit paid (to any person) in respect of rent under the tenancy. (2A) In a case where the offence was committed by a superior landlord— (a) references in the following provisions of this Chapter to the landlord are to be read as references to the superior landlord, and (b) housing in relation to which the person in question is a superior landlord is to be treated for the purposes of this Chapter as let by that person.

(3) In section 41 (application for rent repayment order), in subsection (1), for “person” substitute “landlord”.

(4) In section 43 (making of rent repayment order), at the end of subsection (3) insert—

(d) section 46A (where an order is made against more than one landlord or there has been a previous order).

(5) In section 44 (amount of order: tenants)—

(a) in subsection (2)—

(i) after “rent paid” (in the first place) insert “by, or on behalf of, the tenant”,

(ii) for “during” substitute “in respect of”,

(iii) in the heading to the second column to the table, after “by” insert “, or on behalf of,”, and

(iv) for “12 months” (in both places) substitute “2 years”,

(b) in subsection (3)—

(i) for “repay” substitute “pay”, and

(ii) in paragraph (a), after “paid” insert “by, or on behalf of, the tenant”, and

(aa) the amount of any rent received by the tenant in respect of the period mentioned in the table in relation to the housing let to the tenant,

(6) In section 45 (amount of order: local housing authorities)—

(a) in subsection (2)—

(i) for “during” substitute “in respect of”, and

(ii) for “12 months” (in both places) substitute “2 years”, and

(b) in subsection (3)—

(i) for “repay” substitute “pay”, and

(ii) omit “that the landlord” (in the second place).

(7) After section 46 insert—

(46A) (1) A rent repayment order made against more than one landlord must provide for the landlords to be jointly and severally liable for the amount due under the order. (2) If a rent repayment order (“the original order”) has been made in respect of rent under a tenancy and another rent repayment order (“the new order”) is made in respect of rent under the same tenancy, the new order may not require payment to be made in respect of any period in respect of which the original order required payment to be made.

(8) In section 52 (interpretation), in subsection (1), in the appropriate place insert—

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