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

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—

“landlord” is to be read in accordance with section 40(2A);

Rent repayment orders: liability of directors etc

104

In the Housing and Planning Act 2016, after section 51 insert—

(51A) (1) This section applies where— (a) a landlord which is a body corporate has committed an offence to which this Chapter applies, and (b) the offence— (i) was committed with the consent or connivance of a relevant person in relation to the body corporate, or of a person purporting to act in the capacity of a relevant person in relation to the body corporate, or (ii) was a specified offence and was attributable to any neglect on the part of such a person. (2) That person, as well as the body corporate, is treated for the purposes of this Chapter as having committed the offence. (3) In this Chapter a reference to the landlord includes that person. (4) In this section— - “relevant person” means— in relation to a body corporate other than one the affairs of which are managed by its members, a director, manager, secretary or other similar officer of the body; in relation to a body corporate the affairs of which are managed by its members, a member who exercises functions of management with respect to it; - “specified offence” means an offence under— section 1(2) of the Protection from Eviction Act 1977; section 16J(2) or (3) of the Housing Act 1988; section 30(1), 32(1), 72(1) or 95(1) of the Housing Act 2004; section 21 of this Act; section 67 (1) or 92 (2) of the Renters’ Rights Act 2025.

Unlicensed HMOs and houses: offences

105

(1) Section 72 of the Housing Act 2004 (offences in relation to licensing of HMOs) is amended in accordance with subsections (2) to (4).

(2) For subsection (1) substitute—

(1) If an HMO is required to be licensed under this Part (see section 61(1)) but is not so licensed, an offence is committed by— (a) any person within subsection (1A), and (b) any person who as landlord under a tenancy or licensor under a licence to occupy has an estate or interest in, or a right in relation to, the HMO that is superior (whether directly or indirectly) to the estate, interest or right of any person within subsection (1A). (1A) The following are within this subsection— (a) any person having control of or managing the HMO, and (b) any person who is the landlord or licensor in relation to a person occupying the HMO under a tenancy or licence.

(3) After subsection (4) insert—

(4A) In proceedings against a person for an offence under subsection (1)(a) it is a defence for them to prove that they had a reasonable excuse— (a) for having control of or managing the HMO, or (b) for being the landlord or licensor in relation to a person occupying the HMO under a tenancy or licence, in circumstances in which the HMO was required to be licensed under this Part but was not so licensed. (4B) In proceedings against a person for an offence under subsection (1)(b) it is a defence for them to prove that they— (a) did not know, and had a reasonable excuse for not knowing, that the building or part of the building concerned was an HMO, (b) took all reasonably practicable steps to ensure that the HMO was licensed under this Part, or (c) had some other reasonable excuse for failing to ensure that the HMO was so licensed. (4C) For the purposes of subsection (4B), a term in the tenancy agreement or licence to occupy relating to the occupation of the building or part of the building that is an HMO does not on its own constitute a defence under any of paragraphs (a) to (c) of that subsection.

(4) In subsection (5)—

(a) for “subsection (1), (2) or (3)” substitute “subsection (2) or (3)”, and

(b) omit paragraph (a) (together with the “or” at the end of it).

(5) Section 95 of the Housing Act 2004 (offences in relation to licensing of houses under Part 3) is amended in accordance with subsections (6) to (8).

(6) For subsection (1) substitute—

(1) If a house is required to be licensed under this Part (see section 85(1)) but is not so licensed, an offence is committed by— (a) any person within subsection (1A), and (b) any person who as landlord under a tenancy or licensor under a licence to occupy has an estate or interest in, or a right in relation to, the house that is superior (whether directly or indirectly) to the estate, interest or right of any person within subsection (1A). (1A) The following are within this subsection— (a) any person having control of or managing the house; (b) any person who is the landlord or licensor in relation to a person occupying the house under a tenancy or licence.

(7) After subsection (3) insert—

(3A) In proceedings against a person for an offence under subsection (1)(a) it is a defence for them to prove that they had a reasonable excuse— (a) for having control of or managing the house, or (b) for being the landlord or licensor in relation to a person occupying the house under a tenancy or licence, in circumstances in which the house was required to be licensed under this Part but was not so licensed. (3B) In proceedings against a person for an offence under subsection (1)(b) it is a defence for them to prove that they— (a) did not know, and had a reasonable excuse for not knowing, that the house was one to which this Part applies, (b) took all reasonably practicable steps to ensure that the house was licensed under this Part, or (c) had some other reasonable excuse for failing to ensure that the house was so licensed. (3C) For the purposes of subsection (3B), a term in the tenancy agreement or licence to occupy relating to the occupation of the house does not on its own constitute a defence under any of paragraphs (a) to (c) of that subsection.

(8) In subsection (4)—

(a) for “subsection (1) or (2)” substitute “subsection (2)”, and

(b) for the words following “excuse” substitute “for failing to comply with the condition”.

Service of improvement notices on landlords and licensors

106

In Schedule 1 to the Housing Act 2004 (procedure and appeals relating to improvement notices), in paragraph 2(2)—

(a) after “the notice” insert “on whichever of the following the authority considers ought to take the action specified in it”,

(b) in paragraphs (a) and (b), omit “on” in each place, and

(c) (in either case) if the premises or any part of them are let under a tenancy that is periodic or was granted for a term of 21 years or less, or are occupied under a licence— (i) the landlord or licensor; (ii) any superior landlord or licensor.

Chapter 2 — Enforcement authorities

Enforcement by local housing authorities: general duty

107

(1) It is the duty of every local housing authority to enforce the landlord legislation in its area.

(2) But the duty in subsection (1) does not prevent a local housing authority from taking enforcement action in respect of a breach of, or an offence under, the landlord legislation which occurs outside of its area.

(3) The duty is also subject to sections 108 (3) (enforcement by another local housing authority), 109 (3) (enforcement by county council in England which is not a local housing authority) and 113 (4) (enforcement by the lead enforcement authority).

(4) A county council in England which is not a local housing authority may—

(a) enforce the landlord legislation;

(b) for that purpose, exercise any powers that a local housing authority may exercise for the purposes of enforcing that legislation.

(5) In this Part “the landlord legislation” means—

(a) Chapters 3 and 6 of Part 1 of this Act,

(b) Part 2 of this Act,

(d) Chapter 1 of Part 1 of the 1988 Act.

(6) For the purposes of this Part, a reference to taking enforcement action is a reference to—

(a) imposing a financial penalty, or

(b) instituting proceedings against a person for an offence,

under the landlord legislation.

Enforcement by local housing authorities: duty to notify

108

(1) Where a local housing authority (“LA1”) proposes to take enforcement action in respect of a breach of, or an offence under, the landlord legislation which occurs (or which also occurs) in the area of another local housing authority (“LA2”), LA1 must notify LA2 that it proposes to do so.

(2) If LA1 notifies LA2 under subsection (1) but does not take the action referred to in that subsection, LA1 must notify LA2 of that fact.

(3) Where a local housing authority receives a notification under subsection (1), the authority is relieved of the duty under section 107 (1) in relation to the breach or offence unless the authority receives a notification under subsection (2).

(4) Subsection (5) applies where—

(a) a local housing authority (“LA1”) has imposed a financial penalty under the landlord legislation,

(b) the breach or offence to which the penalty relates occurred in the area of another local housing authority (“LA2”), and

(5) LA1 must notify LA2 as soon as reasonably practicable if—

(a) the period for bringing an appeal against the penalty expires without an appeal being brought,

(b) an appeal against the penalty is withdrawn or abandoned, or

(6) Subsection (7) applies where—

(a) a local housing authority (“LA1”) has instituted proceedings against a person for an offence under the landlord legislation, and

(b) the conduct to which the offence relates occurred in the area of another local housing authority (“LA2”).

(7) LA1 must notify LA2 as soon as reasonably practicable if the person is convicted of the offence.

Enforcement by county councils: duty to notify

109

(1) A county council in England—

(a) which is not a local housing authority, and

(b) which proposes to take enforcement action in respect of a breach of, or an offence under, the landlord legislation,

must notify any local housing authority in whose area the breach or offence occurred.

(2) If the county council notifies a local housing authority under subsection (1) but does not take the action referred to in that subsection, it must notify the local housing authority of that fact.

(3) Where a local housing authority receives a notification under subsection (1), the authority is relieved of the duty under section 107 (1) in relation to the breach or offence unless the authority receives notification under subsection (2).

(4) Subsection (5) applies where—

(a) a county council in England which is not a local housing authority has imposed a financial penalty in respect of a breach of, or an offence under, the landlord legislation, and

(b) the final notice imposing the penalty has not been withdrawn.

(5) The county council must as soon as reasonably practicable notify any local housing authority in whose area the breach or offence occurred if—

(a) the period for bringing an appeal against the penalty expires without an appeal being brought,

(b) an appeal against the penalty is withdrawn or abandoned, or

(6) A county council in England—

(a) which is not a local housing authority, and

(b) which institutes proceedings against a person for an offence under the landlord legislation,

must as soon as reasonably practicable notify any local housing authority in whose area the offence occurred if the person is convicted of the offence.

Duty to report

110

(1) A local housing authority, or a county council which is not a local housing authority, must report to the Secretary of State on the exercise of its functions under the landlord legislation.

(2) A report under subsection (1) must—

(a) be provided at such time and in such form as the Secretary of State requires, and

(b) contain such information as the Secretary of State requires.

Lead enforcement authority

111

(1) The Secretary of State may make arrangements for a relevant person to be the lead enforcement authority for the purposes of any provisions of the landlord legislation.

(2) The arrangements may include arrangements—

(a) for payments by the Secretary of State;

(b) about bringing the arrangements to an end.

(3) The Secretary of State may by regulations made by statutory instrument make transitional or saving provision which applies when there is a change in the lead enforcement authority for any provisions of the landlord legislation.

(4) The regulations may relate to a specific change in the lead enforcement authority or to changes that might arise from time to time.

(5) In this Part—

“lead enforcement authority” means a relevant person which the Secretary of State has arranged to be a lead enforcement authority under subsection (1);

“relevant person” means— a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, the Greater London Authority, or a local housing authority.

(6) For the purposes of this Part, a lead enforcement authority is “responsible” for the provisions of the landlord legislation for the purposes of which it is such an authority under arrangements made under subsection (1).

General duties and powers of lead enforcement authority

112

(1) A lead enforcement authority must oversee the operation of the provisions for which it is responsible.

(2) A lead enforcement authority must provide—

(a) relevant local authorities, and

(b) the public in England,

with information and advice about the operation of the provisions for which it is responsible, in such form and manner as the lead enforcement authority considers appropriate.

(3) A lead enforcement authority may disclose information to a relevant local authority for the purposes of enabling that authority to determine whether there has been a breach of, or an offence under, the provisions for which the lead enforcement authority is responsible.

(4) A lead enforcement authority may issue guidance to relevant local authorities about the exercise of their functions under any of the provisions for which it is responsible.

(5) Relevant local authorities must have regard to any guidance issued under subsection (4).

(6) A lead enforcement authority must keep under review and from time to time advise the Secretary of State about the following—

(a) the operation of the landlord provisions for which it is responsible;

(b) social and commercial developments relating to tenancies in England, other than tenancies of social housing, so far as it considers those developments relevant to the provisions for which it is responsible.

(7) The Secretary of State may give a lead enforcement authority directions as to the exercise of any of its functions.

(8) A direction may relate to all or particular kinds of relevant local authorities and may make different provision for different purposes.

(9) In this section—

“relevant local authority” means— a local housing authority, or a county council in England which is not a local housing authority;

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

“tenancies” includes licences to occupy.

Enforcement by the lead enforcement authority

113

(1) A lead enforcement authority may—

(a) take steps to enforce the provisions for which it is responsible where it considers it necessary or expedient to do so;

(b) for that purpose, exercise any powers that a local housing authority may exercise for the purpose of the enforcement of those provisions.

(2) Where a lead enforcement authority proposes to take steps under subsection (1) in respect of a breach of, or an offence under, the provisions for which it is responsible, it must notify the local housing authority in whose area the breach or offence occurred that it proposes to do so.

(3) If a lead enforcement authority notifies a local housing authority under subsection (2) but does not take the steps referred to in that subsection, the lead enforcement authority must notify the local housing authority of that fact.

(4) Where a local housing authority receives a notification under subsection (2), the authority is relieved of the duty under section 107 (1) in relation to the breach or offence unless the authority receives a notification under subsection (3).

(5) But a lead enforcement authority may require a local housing authority to assist the lead enforcement authority in taking the steps referred to in subsection (1).

(6) A relevant local authority must report to a lead enforcement authority, whenever the lead enforcement authority requires and in such form and with such particulars as it requires, on the exercise of that relevant local authority’s functions under the provisions for which the lead enforcement authority is responsible.

(7) The powers of a local housing authority referred to in subsection (1)(b) include the power to authorise persons to exercise powers of officers under Chapter 3 (see section 132 (2)).

(8) Section 126 (10) is to be read, in relation to an officer of a lead enforcement authority, as if—

(a) the reference to a deputy chief officer whose duties relate to a purpose within subsection (1)(b) of that section were a reference to—

(i) a person who is employed by, or acts on the instructions of, the body which is the lead enforcement authority and has overall responsibility for the exercise of the functions of that body in that capacity (“the head of the lead enforcement authority”), or

(ii) a person who is employed by, or acts on the instructions of, the lead enforcement authority, and has been authorised by the head of the lead enforcement authority to give special authorisations within the meaning of section 126, and

(b) paragraph (b)(ii) were omitted.

(9) In this section “relevant local authority” has the same meaning as in section 112.

Chapter 3 — Investigatory powers

Investigatory powers under this Act

Power of local housing authority to require information from relevant person

114

(1) An officer of a local housing authority may, for purposes connected with any function of the authority under or by virtue of legislation set out in the list in subsection (3), give a notice to a relevant person requiring the person to provide the local housing authority or an officer with the information specified in the notice.

(2) In this Chapter “relevant person”, in relation to a power under this Chapter, means a person who has, in the twelve months ending with the day on which the power is exercised—

(a) had an estate or interest in premises which consist of or include any relevant accommodation, otherwise than as a mortgagee not in possession,

(b) been a licensor of premises which consist of or include any relevant accommodation,

(d) marketed any relevant accommodation for the purposes of creating a residential tenancy, within the meaning of Part 2 (see section 99).

(3) Here is the list—

sections 1 and 1A of the Protection from Eviction Act 1977;

Chapter 1 of Part 1 of the Housing Act 1988;

section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013;

sections 21 to 23 of the Housing and Planning Act 2016;

Chapter 3 of Part 1 and Part 2 of this Act.

(4) A notice under this section must be in writing and must specify that it is given under this section.

(5) The notice may specify—

(a) the time within which and the manner in which the relevant person to whom it is given must comply with it;

(b) the form in which information must be provided.

(6) The notice may require—

(a) the creation of documents, or documents of a description, specified in the notice, and

(b) the provision of those documents to an enforcement authority or officer.

(7) The notice must include information about the possible consequences of not complying with a notice under this section.

(8) A requirement to provide information or create a document is a requirement to do so in a legible form.

(9) A notice under this section does not require a person to provide any information or create any documents which the person would be entitled to refuse to provide or produce in proceedings in the High Court on the grounds of legal professional privilege.

(10) In subsection (2) “relevant accommodation” means any residential accommodation in England that is connected with the exercise or proposed exercise of the function in relation to which the power under this Chapter is exercised.

Power of local housing authority to require information from any person

115

(1) Where an officer of a local housing authority reasonably suspects that there has been a breach of, or an offence under, the rented accommodation legislation, the officer may for a purpose mentioned in subsection (2) give notice to any person requiring the person to provide the local housing authority or an officer with information specified in the notice.

(2) The purposes are—

(a) investigating whether there has been a breach of, or an offence under, the rented accommodation legislation, or

(b) determining the amount of a penalty under that legislation.

(3) In this Chapter “the rented accommodation legislation” means—

sections 1 and 1A of the Protection from Eviction Act 1977;

Chapter 1 of Part 1 of the Housing Act 1988;

Parts 1 to 4 and 7 of the Housing Act 2004 so far as relating to qualifying residential premises within the meaning given by section 2B of that Act;

section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013;

sections 21 to 23 of the Housing and Planning Act 2016;

Chapter 3 of Part 1 and Part 2 of this Act.

(4) A notice under this section must be in writing and must specify that it is given under this section.

(5) The notice may specify—

(a) the time within which and the manner in which the person to whom it is given must comply with it;

(b) the form in which information must be provided.

(6) The notice may require—

(a) the creation of documents, or documents of a description, specified in the notice, and

(b) the provision of those documents to an enforcement authority or officer.

(7) The notice must include information about the possible consequences of not complying with a notice under this section.

(8) A requirement to provide information or create a document is a requirement to do so in a legible form.

Enforcement of power to require information from any person

116

(1) If a person fails to comply with a notice under section 115, the local housing authority or an officer of the authority may make an application under this section to the court.

(2) If it appears to the court that the person has failed to comply with the notice, it may make an order under this section.

(3) An order under this section is an order requiring the person to do anything that the court thinks it is reasonable for the person to do, for any of the purposes for which the notice was given, to ensure that the notice is complied with.

(4) An order under this section may require the person to meet the costs of the application.

(5) If the person is a company, partnership or unincorporated association, the court in acting under subsection (4) may require an official who is responsible for the failure to meet the costs or expenses.

(6) In this section—

“the court” means— the High Court, or the county court;

“official” means— in the case of a company, a director, manager, secretary or other similar officer, in the case of a limited liability partnership, a member, in the case of a partnership other than a limited liability partnership, a partner, and in the case of an unincorporated association, a person who is concerned in the management or control of its affairs.

Limitation on use of information provided under section 115

117

(1) In any criminal proceedings against a person who provides information in response to a notice under section 115 (including information contained in a document created in response to such a notice)—

(a) no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b) no question relating to the information may be asked by or on behalf of the prosecution.

(2) Subsection (1) does not apply if, in the proceedings—

(a) evidence relating to the information is adduced by or on behalf of the person providing it, or

(b) a question relating to the information is asked by or on behalf of that person.

(3) Subsection (1) does not apply if the proceedings are for an offence under section 5 of the Perjury Act 1911 (false statutory declarations and other false statements without oath).

Business premises: entry without warrant

118

(1) An officer of a local housing authority may, at any reasonable time, enter any premises in England if—

(a) the officer reasonably believes the premises to be occupied by a relevant person for the purposes of a rental sector business, and

(b) the officer considers it necessary to enter the premises in order to exercise the powers under section 122 or 123 for purposes connected with any function of the authority under or by virtue of the rented accommodation legislation.

(2) Subsection (1) does not authorise entry into premises used wholly or mainly as residential accommodation.

(3) In the case of a routine inspection, the power in subsection (1) may only be exercised if a notice has been given to an occupier of the premises in accordance with the requirements in subsection (4), unless subsection (5) applies.

(4) Those requirements are that—

(a) the notice is in writing and is given by an officer of the local housing authority,

(b) the notice sets out why the entry is necessary and indicates the nature of the offences under section 131 (1) and (2), and

(5) A notice need not be given if the occupier (or one of the occupiers if there is more than one) has waived the requirement to give notice.

(6) In this section “routine inspection” means an exercise of the power in subsection (1) other than where—

(a) the officer reasonably considers that to give notice in accordance with subsection (3) would defeat the purpose of the entry, or

(b) it is not reasonably practicable in all the circumstances to give notice in accordance with that subsection.

(7) An officer entering premises under subsection (1) may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

(8) An officer entering premises under subsection (1) may take photographs or make recordings.

(9) In this section “rental sector business” means a business connected with—

(a) the letting of residential accommodation in England,

(b) the creation of licences to occupy such accommodation,

(d) the management of such accommodation when occupied under a tenancy or licence to occupy.

Duties where occupiers are on business premises entered without warrant

119

(1) If an officer of a local housing authority enters premises under section 118 (1) and finds one or more occupiers on the premises, the officer must—

(a) produce evidence of the officer’s identity and authority to that occupier or (if there is more than one) to at least one of them, and

(b) if the entry takes place otherwise than in the course of a routine inspection, provide to that occupier or (if there is more than one) to at least one of them a document that—

(i) sets out why the entry is necessary, and

(ii) indicates the nature of the offences under section 131 (1) and (2).

(2) An officer need not comply with subsection (1) if it is not reasonably practicable to do so.

(3) Proceedings resulting from the exercise of the power under section 118 (1) are not invalid merely because of a failure to comply with subsection (1).

Business premises: warrant authorising entry

120

(1) A justice of the peace may issue a warrant authorising an officer of a local housing authority who is named in the warrant to enter premises in England that are specified in the warrant if the justice of the peace is satisfied, on written information on oath given by that officer—

(a) that the officer would, in entering the premises, be acting in the course of employment by, or on the instructions of, the local housing authority, and

(b) that there are reasonable grounds for believing that—

(i) the premises are occupied by a relevant person for the purposes of a rental sector business,

(ii) the premises are not used wholly or mainly as residential accommodation,

(iii) on the premises there are documents which an officer of the local housing authority could require a person to produce under section 122, or could seize under section 123, and

(iv) condition A, B or C is met.

(2) Condition A is that—

(a) access to the premises has been or is likely to be refused, and

(b) notice of the local housing authority’s intention to apply for a warrant under this section has been given to an occupier of the premises.

(3) Condition B is that it is likely that documents on the premises would be concealed or interfered with if notice of entry of the premises were given to an occupier of the premises.

(4) Condition C is that no occupier is present, and it might defeat the purpose of the entry to wait for their return.

(5) In this section “rental sector business” has the meaning given by section 118 (9).

Business premises: entry under warrant

121

(1) A warrant under section 120 authorises the officer named in the warrant to enter the premises at any reasonable time, using reasonable force if necessary.

(2) A warrant under that section does not authorise entry into premises used wholly or mainly as residential accommodation.

(3) A warrant under that section ceases to have effect at the end of the period of one month beginning with the day it is issued.

(4) An officer entering premises under a warrant under section 120 may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

(5) An officer entering premises under a warrant under section 120 may take photographs or make recordings.

(6) If, when the officer enters the premises, the officer finds one or more occupiers on the premises, the officer must produce the warrant for inspection to that occupier or (if there is more than one) to at least one of them.

(7) Subsection (8) applies if no occupier is present when the premises are entered.

(8) On leaving the premises the officer must—

(a) leave a notice on the premises stating that the premises have been entered under a warrant under section 120, and

(b) leave the premises as effectively secured against trespassers as the officer found them.

Power to require production of documents following entry

122

(1) An officer of a local housing authority who has entered premises under section 118 (1) or under a warrant under section 120 may, for the purposes mentioned in subsection (2), at any reasonable time—

(a) require a relevant person occupying the premises, or anyone on the premises acting on behalf of such a person, to produce any documents relating to the relevant business to which the person on the premises has access, and

(b) take copies of, or of any entry in, any such document.

(2) The purposes are—

(a) to ascertain whether there has been compliance with the rented accommodation legislation where an officer of the local housing authority reasonably suspects a breach of, or an offence under, that legislation;

(b) to ascertain whether the documents may be required as evidence in proceedings for such a breach or offence.

(3) The power in subsection (1) is available regardless of whether—

(a) the purpose for which the documents are required relates to the relevant person or some other person, or

(b) the proceedings referred to in subsection (2)(b) could be taken against the relevant person or some other person.

(4) That power includes power to require the person to give an explanation of the documents.

(5) Where a document required to be produced under subsection (1) contains information recorded electronically, the power in that subsection includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible.

(6) This section does not permit an officer to require a person to create a document other than as described in subsection (5).

(7) This section does not permit an officer to require a person to produce any document which the person would be entitled to refuse to produce in proceedings in the High Court on the grounds of legal professional privilege.

(8) In this section “relevant business” means the business for the purposes of which the premises are occupied.

Power to seize documents following entry

123

(1) An officer of a local housing authority who has entered premises under section 118 (1) or under a warrant under section 120 may seize and detain documents which the officer reasonably suspects may be required as evidence in proceedings relating to a breach of, or an offence under, the rented accommodation legislation.

(2) If one or more occupiers are on the premises, an officer seizing documents under this section must provide to that occupier or (if there is more than one) to at least one of them evidence of the officer’s identity and authority, before seizing the documents.

(3) The officer need not comply with subsection (2) if it is not reasonably practicable to do so.

(4) An officer seizing documents under this section must take reasonable steps to—

(a) inform the person from whom they are seized that they have been seized, and

(b) provide that person with a written record of what has been seized.

(5) In determining the steps to be taken under subsection (4), an officer exercising a power under this section must have regard to any relevant provision about the seizure of property made by a code of practice under section 66 of the Police and Criminal Evidence Act 1984.

(6) This section does not confer any power on an officer to seize from a person any document which the person would be entitled to refuse to produce in proceedings in the High Court on the grounds of legal professional privilege.

(7) For the purpose of exercising the power under this section, the officer may, to the extent that is reasonably necessary for that purpose—

(a) require a person with authority to do so to access any electronic device in which information may be stored or from which it may be accessed, and

(b) if such a requirement has not been complied with, access the electronic device.

(8) Documents seized under this section may not be detained—

(a) for a period of more than 3 months beginning with the day on which they were seized, or

(b) where the documents are reasonably required to be detained for a longer period by the local housing authority for the purposes of the proceedings for which they were seized, for longer than they are required for those purposes.

Access to seized documents

124

(1) This section applies where any document seized by an officer of a local housing authority under this Chapter is detained by the officer or authority.

(2) If a request for permission to be granted access to that document is made to the local housing authority by a person who had custody or control of it immediately before it was seized, the local housing authority must allow that person access to it under the supervision of an officer.

(3) If a request for a photograph or copy of that document is made to the local housing authority by a person who had custody or control of it immediately before it was seized, the local housing authority must—

(a) allow that person access to it under the supervision of an officer for the purpose of photographing or copying it, or

(b) photograph or copy it, or cause it to be photographed or copied.

(4) Where any document is photographed or copied under subsection (3), the photograph or copy must be supplied to the person who made the request within a reasonable time from the making of the request.

(5) This section does not require access to be granted to, or a photograph or copy to be supplied of, any document if the local housing authority has reasonable grounds for believing that to do so would prejudice the doing of anything for the purposes of which it was seized.

(6) A local housing authority may recover the reasonable costs of complying with a request under this section from the person by whom or on whose behalf it was made.

(7) References in this section to a person who had custody or control of a document immediately before it was seized include a representative of such a person.

Appeal against detention of documents

125

(1) Where documents are being detained as the result of the exercise of a power in this Chapter, a person with an interest in the documents may apply for an order requiring them to be released to that or another person.

(2) An application under this section may be made—

(a) to any magistrates’ court in which proceedings have been brought for an offence as the result of the investigation in the course of which the documents were seized, or

(b) if no proceedings within paragraph (a) have been brought, by way of complaint to a magistrates’ court.

(3) On an application under this section, the court may make an order requiring documents to be released only if satisfied that condition A or B is met.

(4) Condition A is that—

(a) no proceedings have been brought for an offence as the result of the investigation in the course of which the documents were seized, or

(b) the period of 6 months beginning with the date the documents were seized has expired.

(5) Condition B is that—

(a) proceedings of a kind mentioned in subsection (4)(a) have been brought, and

(b) those proceedings have been concluded.

(6) A person aggrieved by an order made under this section by a magistrates’ court, or by the decision of a magistrates’ court not to make such an order, may appeal against the order or decision to the Crown Court.

(7) An order made under this section by a magistrates’ court may contain such provision as the court thinks appropriate for delaying its coming into force pending the making and determination of any appeal.

Suspected residential tenancy: entry without warrant

126

(1) A specially authorised officer of a local housing authority may enter premises in England at any reasonable time, if—

(a) the officer reasonably suspects that the premises, or part of the premises, are subject to a residential tenancy within the meaning of Part 2 (see section 63), and

(b) the officer considers it necessary to inspect the premises for the purpose of investigating whether there has been, in relation to the premises—

(i) a breach of section 82 (3),

(ii) an offence under subsection (1) of section 92,

(iii) an offence under subsection (2) of section 92 where the continuing conduct referred to in paragraph (b) of that subsection is a breach of section 82 (3),

(iv) an offence under subsection (3) of section 92 where the different breach referred to in paragraph (b) of that subsection is a breach of section 82 (3),

(v) an offence under subsection (4) of section 92 where the breach referred to in paragraph (b) of that subsection is a breach of section 82 (3), or

(vi) an offence under section 1 of the Protection from Eviction Act 1977, and

(i) an occupier of the premises, and

(ii) any person who has an estate or interest in the premises, other than a mortgagee not in possession and has supplied the local housing authority with an address for the purposes of this paragraph,

unless notice is not required as a result of subsection (3) or (4).

(2) The requirements referred to in subsection (1)(c) are that—

(a) the notice is in writing and is given by an officer of the local housing authority,

(b) the notice sets out why the entry is necessary and indicates the nature of the offences under section 131 (1) and (2) (obstruction), and

(3) A notice need not be given to a person who has waived the requirement to give notice.

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