Renters’ Rights Act 2025

• (4) A notice need not be given in accordance with subsection (1)(c)(ii) to a person who is a residential landlord within the meaning of Part 2 (see section 63).

• (5) If—

• (a) premises are entered in exercise of the power conferred by subsection (1), and

• (b) notice is not given to any person because of subsection (4),

an officer of the local housing authority must give that person notice in writing of the exercise of that power within a reasonable period after its exercise.

• (6) The notice must—

• (a) identify the premises that were entered,

• (b) state when the premises were entered, and

• (c) state the purpose for which the premises were entered.

• (7) A specially authorised 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) A specially authorised officer entering premises under subsection (1) may take photographs or make recordings.

• (9) A specially authorised officer must, if requested to do so, produce the officer’s special authorisation for inspection by a person to whom notice is required to be given under this section or anyone acting on behalf of such a person.

• (10) For the purposes of this section an officer of a local housing authority is “specially authorised” where the officer’s authorisation by the local housing authority for the purposes of the power under subsection (1) (see section 132(2))—

• (a) states the particular purpose for which the officer is authorised to exercise the power, and

• (b) is given by the local housing authority acting through—

• (i) a deputy chief officer of the authority whose duties include duties relating to a purpose within subsection (1)(b), or

• (ii) an officer of the authority to whom such a deputy chief officer reports directly, or is directly accountable, as respects duties so relating.

Duties where occupiers are on residential premises entered without warrant

127

• (1) If an officer of a local housing authority enters premises under section 126(1) and finds one or more occupiers on the premises, the officer must produce evidence of the officer’s identity and special authorisation to that occupier or (if there is more than one) to at least one of them.

• (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 126(1) are not invalid merely because of a failure to comply with subsection (1).

• (4) In this section “special authorisation” has the same meaning as in section 126 (see subsection (10) of that section).

Suspected residential tenancy: warrant authorising entry

128

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,

• (b) that there are reasonable grounds for suspecting that the premises, or part of the premises, are subject to a residential tenancy within the meaning of Part 2 (see section 63),

• (c) that it is necessary for the officer to inspect the premises for the purpose of investigating whether there has been, in relation to the premises, a breach or an offence mentioned in section 126(1)(b),

• (d) that—

• (i) admission to the premises has been sought for the purposes of entry under section 126(1) but has been refused,

• (ii) that no occupier is present and it might defeat the purpose of the entry to await their return, or

• (iii) that application for admission would defeat the purpose of the entry.

Suspected residential tenancy: entry under warrant

129

• (1) A warrant under section 128 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 ceases to have effect when the inspection of the premises has been completed.

• (3) An officer entering premises under a warrant under section 128 may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

• (4) An officer entering premises under section 128 may take photographs or make recordings.

• (5) 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.

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

• (7) 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 128, and

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

Powers of accompanying persons

130

A person who accompanies an officer of a local housing authority entering premises under, or under a warrant under, this Chapter—

• (a) has the same powers under this Chapter as the officer in relation to the premises, but

• (b) must exercise those powers only in the company, and under the supervision, of the officer.

Offences

131

• (1) A person commits an offence if the person—

• (a) without reasonable excuse obstructs an officer of a local housing authority who is exercising or seeking to exercise in accordance with this Chapter a power under any provision of this Chapter other than section 115,

• (b) without reasonable excuse fails to comply with a requirement properly imposed by an officer of a local housing authority under any provision of this Chapter other than section 115, or

• (c) without reasonable cause fails to give an officer of a local housing authority any other assistance or information which the officer reasonably requires of the person for the purpose of exercising a power under any provision of this Chapter other than section 115.

• (2) A person commits an offence if, in giving information to an officer who is exercising or seeking to exercise a power under this Chapter, the person—

• (a) makes a statement which the person knows is false or misleading in a material respect, or

• (b) recklessly makes a statement which is false or misleading in a material respect.

• (3) A person who is not an officer of a local housing authority commits an offence if the person purports to act as such under this Chapter.

• (4) A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (5) A person who is guilty of an offence under subsection (3) is liable on summary conviction to a fine.

• (6) Nothing in this section requires a person to answer any question or give any information if to do so might incriminate that person.

Investigatory powers: interpretation

132

• (1) In this Chapter—

• “document” includes information recorded in any form;

• “give”— in relation to a notice to an occupier of premises, includes delivering or leaving it at the premises or sending it there by post, and “given”, in relation to such a notice, is to be read accordingly; in relation to a notice to a person referred to in section 126(1)(c)(ii), includes delivering or leaving it at the address supplied by the person or sending it to that address by post, and “given”, in relation to such a notice, is to be read accordingly;

• “occupier”, in relation to premises, means any person an officer of a local housing authority reasonably suspects to be an occupier of the premises;

• “premises” includes any stall, vehicle, vessel or aircraft;

• “relevant person”: see section 114(2);

• “the rented accommodation legislation”: see section 115(3).

• (2) References in this Chapter to an officer—

• (a) are to a person authorised in writing by a local housing authority to exercise powers under this Chapter, and

• (b) in relation to a particular power only cover a particular officer if and to the extent that the officer has been authorised to exercise that power.

• (3) References in this Chapter to the functions of a local housing authority by virtue of particular legislation include references to any function of the authority of investigating whether an offence has been committed under that legislation.

• (4) A duty or power to process information that is imposed or conferred by, or by virtue of, this Chapter does not operate to authorise the processing of information which would contravene—

• (a) the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation), or

• (b) Parts 1 to 7 or Chapter 9 of the Investigatory Powers Act 2016.

• (5) In subsection (4) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Amendments

Additional powers of seizure under Criminal Justice and Police Act 2001

133

In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001, at the end insert—

(73W) Each of the powers of seizure conferred by section 122(1)(b) and section 123 of the Renters’ Rights Act 2025.

Use by local housing authority of certain information

134

• (1) Section 212A of the Housing Act 2004 (tenancy deposit schemes: provision of information to local authorities) is amended in accordance with subsections (2) and (3).

• (2) In subsection (5), after paragraph (a) (but before the “or” at the end) insert—

(aa) for a purpose connected with the exercise of the authority’s functions under or by virtue of Part 7 in relation to any qualifying residential premises within the meaning given by section 2B, (ab) for a purpose connected with the authority’s functions under or by virtue of the following in relation to any premises— - 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, 41 and 133 to 135 of the Housing and Planning Act 2016, - Chapter 3 of Part 1 and Part 2 of the Renters’ Rights Act 2025.

.

• (3) In subsection (5), in paragraph (b), for “of those Parts in relation to any premises” substitute “provision mentioned in paragraphs (a) to (ab) in relation to premises or qualifying residential premises (as the case may be)”.

• (4) Section 237 of the Housing Act 2004 (use of housing benefit and council tax information for certain other statutory purposes) is amended in accordance with subsections (5) and (6).

• (5) In subsection (1), after paragraph (a) (but before the “or” at the end) insert—

(aa) for any purpose connected with the exercise of any of the authority’s functions under or by virtue of Part 7 in relation to any qualifying residential premises within the meaning given by section 2B, (ab) for any purpose connected with any of the authority’s functions under or by virtue of the following in relation to any premises— - 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, 41 and 133 to 135 of the Housing and Planning Act 2016, - Chapter 3 of Part 1 and Part 2 of the Renters’ Rights Act 2025.

.

• (6) In subsection (1), in paragraph (b), for “of those Parts in relation to any premises” substitute “provision mentioned in paragraphs (a) to (ab) in relation to premises or qualifying residential premises (as the case may be).

Investigatory powers under the Housing Act 2004

135

• (1) In section 235 of the Housing Act 2004 (power to require documents to be produced), in subsection (1)—

• (a) after paragraph (a) (but before the “or” at the end) insert—

(aa) for any purpose connected with the exercise of any of the authority’s functions under this Part in relation to any qualifying residential premises within the meaning given by section 2B,

;

• (b) in paragraph (b) for “those Parts in relation to any premises” substitute “Parts 1 to 4 in relation to any premises or under this Part in relation to any qualifying residential premises within the meaning given by section 2B”.

• (2) In section 239 of that Act (powers of entry), after subsection (5) insert—

(5A) In relation to any qualifying residential premises within the meaning given by section 2B, notice need not be given— (a) to any owner; (b) to any occupier who has waived the requirement to give notice. (5B) If— (a) premises are entered in exercise of the power conferred by subsection (3), and (b) notice is not given to any person because of subsection (5A)(a), the authorised person or proper officer must give that person notice of the exercise of that power within a reasonable period after its exercise. (5C) The notice must— (a) identify the premises that were entered, (b) state when the premises were entered, and (c) state the purpose for which the premises were entered.

Client money protection schemes: investigatory powers of local authorities

136

In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 (duties and powers to which Schedule 5 applies), at the appropriate place insert—

• regulations 5 and 8 of the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019

.

Part 5 — General

Interpretation

137

In this Act—

• “lease” includes any tenancy;

• “local housing authority” (except in section 47) means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London (in its capacity as a local authority) or the Council of the Isles of Scilly;

• “the 1988 Act” means the Housing Act 1988.

Crown application

138

• (1) Subject to subsections (2) to (8), this Act and any regulations made under it bind the Crown.

• (2) Sections 67 and 92 do not bind the Crown.

• (3) In paragraph (b) of section 66(1) as it applies by virtue of subsection (1), the reference to a person committing an offence under section 67 is to be read as a reference to the person satisfying the conditions in subsection (1)(a) and (b), (2)(a) and (b), or (3)(a) and (b) of that section.

• (4) In paragraph (b) of section 91(1) as it applies by virtue of subsection (1), the reference to a person committing an offence under section 92 is to be read as a reference to the person either—

• (a) knowingly or recklessly providing information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under Chapter 3 of Part 2, or

• (b) satisfying the conditions in subsection (2)(a) and (b), (3)(a) and (b), or (4)(a) and (b) of section 92.

• (5) Sections 118 to 130 do not bind the Crown.

• (6) Nothing in section 131 makes the Crown criminally liable.

• (7) The High Court may declare unlawful any act or omission for which the Crown would be criminally liable under section 131 but for subsection (6).

• (8) An amendment or repeal made by this Act binds the Crown to the extent that the provision amended or repealed binds the Crown (but in the case of an amendment of the 1988 Act, this is subject to the amendments made by section 18).

• (9) Nothing in this section affects the criminal liability of persons in the service of the Crown.

Application to Parliament

139

• (1) Where regulations under section 63(4)(b) provide for the meaning of “relevant tenancy” given by that section to include a tenancy or licence under which a dwelling is occupied for the purposes of either House of Parliament, Part 2 (and Part 3 so far as relating to Part 2) has effect in its application in relation to such a tenancy or licence with the following modifications—

• (a) sections 67 and 92 do not apply;

• (b) in paragraph (b) of section 66(1), the reference to a person committing an offence under section 67 is to be read as a reference to the person satisfying the conditions in subsection (1)(a) and (b), (2)(a) and (b), or (3)(a) and (b) of that section;

• (c) in paragraph (b) of section 91(1), the reference to a person committing an offence under section 92 is to be read as a reference to the person either—

• (i) knowingly or recklessly providing information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under Chapter 3, or

• (ii) satisfying the conditions in subsection (2)(a) and (b), (3)(a) and (b), or (4)(a) and (b) of section 92.

• (2) The following provisions do not apply in relation to premises that are occupied for the purposes of either House of Parliament—

• (a) Chapter 3 of Part 1;

• (b) sections 114 and 118 to 130.

• (3) Nothing in section 131 makes the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords criminally liable.

• (4) The High Court may declare unlawful any act or omission for which the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords would be criminally liable under section 131 but for subsection (3).

• (5) Nothing in this section affects the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996).

Regulations

140

• (1) A power to make regulations under this Act includes power to make—

• (a) consequential, supplementary, incidental, transitional or saving provision;

• (b) different provision for different purposes or areas;

• (c) the full provision to which the power extends or any less provision (whether by way of exception or otherwise).

• (2) The power of the Secretary of State and the Scottish Ministers under subsection (1)(a) to make transitional provision includes power to provide for regulations to apply (with or without modifications) in relation to tenancies or licences entered into, or advertising begun, before the date on which the regulations come into force.

• (3) The power of the Welsh Ministers under subsection (1)(a) to make transitional provision includes power to provide for regulations to apply (with or without modifications) in relation to occupation contracts granted, renewed or continued, or advertising begun, before the date on which the regulations come into force.

• (4) Regulations under this Act are to be made by statutory instrument, except where they are made by the Scottish Ministers (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

• (5) A statutory instrument containing regulations under section 13(2), 30, 39, 48, 54, 63, 64, 65, 77, 82(4), 83(6), 86, 87(2), or 90(2) or 101 or paragraph 32 of Schedule 6 (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (6) Any other statutory instrument containing regulations under this Act made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament, unless it contains regulations under section 111(3) only.

• (7) A statutory instrument containing regulations made by the Welsh Ministers under section 47 may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

• (8) Regulations made by the Scottish Ministers under section 53 are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

• (9) If a draft of a statutory instrument containing regulations under section 64 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

• (10) This section does not apply to regulations under this Part.

Power of Welsh Ministers to make consequential provision

141

• (1) The Welsh Ministers may by regulations made by statutory instrument make provision that is consequential on Part 1.

• (2) Regulations under this section may amend, repeal or revoke provision made by or under—

• (a) an Act or Measure of Senedd Cymru passed before this Act, or

• (b) an Act passed—

• (i) before this Act, or

• (ii) later in the same session of Parliament as this Act.

• (3) The power to make regulations under this section includes power to make—

• (a) supplementary, incidental, transitional or saving provision;

• (b) different provision for different purposes.

• (4) The power under subsection (3)(a) to make transitional provision includes power to provide for the regulations to apply (with or without modifications) in relation to occupation contracts granted, renewed or continued, or advertising begun, before the date on which the regulations come into force.

• (5) Regulations under this section may only make provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.

• (6) A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal provision made by an Act or Measure of Senedd Cymru, or by an Act, may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

• (7) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.

Power of Scottish Ministers to make consequential provision

142

• (1) The Scottish Ministers may by regulations make provision that is consequential on Chapter 5 of Part 1 (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), as a result of which such regulations are to be made by Scottish statutory instrument).

• (2) Regulations under this section may amend, repeal or revoke provision made by or under—

• (a) an Act of the Scottish Parliament passed before this Act, or

• (b) an Act passed—

• (i) before this Act, or

• (ii) later in the same session of Parliament as this Act.

• (3) The power to make regulations under this section includes power to make—

• (a) supplementary, incidental, transitional or saving provision;

• (b) different provision for different purposes.

• (4) The power under subsection (3)(a) to make transitional provision includes power to provide for the regulations to apply (with or without modifications) in relation to tenancies entered into, or advertising begun, before the date on which the regulations come into force.

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

• (6) Regulations made under this section that amend or repeal provision made by an Act of the Scottish Parliament, or by an Act, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

• (7) Any other regulations made under this section are subject to the negative procedure (see section 28 of that Act).

Power of Secretary of State to make consequential provision

143

• (1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.

• (2) Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—

• (a) before this Act, or

• (b) later in the same session of Parliament as this Act.

• (3) The power to make regulations under this section includes power to make—

• (a) supplementary, incidental, transitional or saving provision;

• (b) different provision for different purposes.

• (4) The power under subsection (3)(a) to make transitional provision includes—

• (a) power to provide for the regulations to apply (with or without modifications) in relation to tenancies or licences entered into, or advertising begun, before the date on which the regulations come into force;

• (b) in relation to regulations that make provision that is consequential on Chapter 1 or 2 of Part 1, power to provide for pre-application instruments which the Secretary of State considers do not (or will not) operate appropriately as a result of any provision of the regulations to—

• (i) have effect with specified modifications, or

• (ii) cease to have effect (in whole or in part).

• (5) For the purposes of subsection (4)(b)—

• (a) “pre-application instrument” means an agreement or other instrument made before the regulations come into force;

• (b) the circumstances in which the Secretary of State may consider that a pre-application instrument does not operate appropriately as a result of regulations under this section include (but are not limited to) those in which—

• (i) as a result of any provision of the regulations, provision made by the instrument is to any extent spent, obsolete, unnecessary or otherwise not of practical utility;

• (ii) as a result of any provision of the regulations, it is unclear what the effect is of provision made by the instrument;

• (iii) as a result of any provision of the regulations, a person may be placed in breach of obligations arising under the instrument or made subject to more burdensome obligations under the instrument;

• (iv) the instrument makes direct or indirect reference to any enactment as it had effect before being amended by the regulations.

• (6) Regulations made by virtue of subsection (4)(b) must provide that they do not prevent—

• (a) the variation or revocation of provision modified by the regulations, or

• (b) the re-making of provision that has ceased to have effect as a result of the regulations.

• (7) Regulations made by virtue of subsection (4)(b) may apply to an instrument as it has effect in relation to times before the coming into force of the regulations but after the day on which Chapter 1 or 2 of Part 1 (as the case may be) comes into force.

• (8) A statutory instrument containing (whether alone or with other provision) regulations under this section that—

• (a) amend or repeal provision made by an Act, or

• (b) are made by virtue of subsection (4)(b),

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (9) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Extent

144

• (1) This Act extends to England and Wales only, subject to subsections (2) to (4).

• (2) Part 1, Chapter 5 extends to Scotland only.

• (3) This Part extends to England and Wales and Scotland.

• (4) An amendment or repeal made by this Act has the same extent as the provision amended or repealed.

Commencement

145

• (1) This Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint, subject to subsections (2) to (6).

• (2) This Act comes into force for the purposes of making regulations on the day on which it is passed.

• (3) Chapter 4 of Part 1 comes into force on such day as the Welsh Ministers by order made by statutory instrument appoint.

• (4) Chapter 5 of Part 1 comes into force on such day as the Scottish Ministers may by regulations appoint (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), as a result of which such regulations are to be made by Scottish statutory instrument).

• (5) The following come into force at the end of the period of two months beginning with the day on which this Act is passed—

• (a) Chapter 2 of Part 1;

• (b) section 59;

• (c) section 110;

• (d) Chapter 3 of Part 4.

• (6) Section 111 and this Part come into force on the day on which this Act is passed.

• (7) Different days may be appointed under this section for different purposes, subject to subsection (8).

• (8) Different days may be appointed for different purposes in relation to Chapter 1 of Part 1 only so that—

• (a) one day is appointed for the purposes of assured tenancies that are not social housing assured tenancies, and

• (b) one or more different days are appointed for the purposes of social housing assured tenancies;

and here “social housing assured tenancy” means an assured tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing.

Existing assured tenancies to continue as section 4A assured tenancies

146

• (1) The commencement of Chapter 1 of Part 1 (which, in particular, has the effect that, on the commencement date, an existing tenancy becomes a section 4A assured tenancy) does not affect the continuation of an existing tenancy on and after the commencement date (as a section 4A assured tenancy that is subject to the other provisions of that Chapter).

• (2) Schedule 6 contains transitional provision.

• (3) In this section—

• “commencement date” means the day on which Chapter 1 of Part 1 comes into force in accordance with section 145 (and accordingly where different days are appointed for different purposes in relation to that Chapter, a reference in this Act to the commencement date is a reference to the day on which that Chapter comes into force for the purposes of the tenancy to which the reference relates);

• “existing tenancy” means an assured tenancy which is entered into before the commencement date;

• “section 4A assured tenancy” means an assured tenancy to which section 4A of the 1988 Act (as inserted by section 1 of this Act) applies.

Fixed term assured tenancy and statutory periodic tenancy to be treated as single assured tenancy

147

• (1) For the purposes of the relevant provisions, a fixed term assured tenancy and a periodic tenancy that arises on its expiry by virtue of section 5 of the 1988 Act are to be treated as a single assured tenancy which—

• (a) is entered into when the fixed term tenancy was entered into, and

• (b) becomes a periodic tenancy on the expiry of the fixed term.

• (2) In this section, “the relevant provisions” means—

• (a) section 146,

• (b) Schedule 6,

• (c) section 5 of the Protection from Eviction Act 1977 as amended by section 20, and

• (d) Part 1 of the 1988 Act as amended by Chapter 1 of Part 1.

• (3) The Secretary of State may by regulations amend this section to provide for this section to apply for the purposes of other provision made by or under an Act passed before or later in the same session as this Act.

• (4) A statutory instrument containing regulations under this section (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (5) Regulations under this section may make different provision for different purposes.

• (6) Regulations under this section are to be made by statutory instrument.

Transitional provision

148

• (1) The Welsh Ministers may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any provision of Chapter 4 of Part 1.

• (2) The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of any provision of Chapter 5 of Part 1 (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), as a result of which such regulations are to be made by Scottish statutory instrument).

• (3) The Secretary of State may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any other provision of this Act.

• (4) The power to make regulations under subsection (1) includes power to provide for a provision of Chapter 4 of Part 1 to apply (with or without modifications) in relation to occupation contracts granted, renewed or continued, or advertising begun, before the date on which the provision comes into force.

• (5) The power to make regulations under subsection (2) includes power to provide for a provision of Chapter 5 of Part 1 to apply (with or without modifications) in relation to tenancies entered into, or advertising begun, before the date on which the provision comes into force.

• (6) The power to make regulations under subsection (3) includes power to amend or repeal any provision made by Part 2 of Schedule 6 to this Act.

• (7) The power to make regulations under subsection (3) includes—

• (a) power to provide for a provision of this Act to apply (with or without modifications) in relation to tenancies or licences entered into, or advertising begun, before the date on which the provision comes into force, and

• (b) power to provide for pre-application instruments which the Secretary of State considers do not (or will not) operate appropriately as a result of any provision of Chapter 1 or 2 of Part 1 to—

• (i) have effect with specified modifications, or

• (ii) cease to have effect (in whole or in part).

• (8) For the purposes of subsection (7)(b)—

• (a) “pre-application instrument” means an agreement or other instrument entered into—

• (i) before the commencement date, or

• (ii) on or after that date either under a contract entered into before that date or by the acceptance of an offer made before that date;

• (b) the circumstances in which the Secretary of State may consider that a pre-application instrument does not operate appropriately as a result of Chapter 1 or 2 of Part 1 include (but are not limited to) those in which—

• (i) as a result of any provision of Chapter 1 or 2 of Part 1, provision made by the instrument is to any extent spent, obsolete, unnecessary or otherwise not of practical utility;

• (ii) as a result of any provision of Chapter 1 or 2 of Part 1, it is unclear what the effect is of provision made by the instrument;

• (iii) as a result of any provision of Chapter 1 or 2 of Part 1, a person may be placed in breach of obligations arising under the instrument or made subject to more burdensome obligations under the instrument;

• (iv) the instrument makes direct or indirect reference to fixed term assured tenancies or assured shorthold tenancies (within the meaning of Part 1 of the 1988 Act as it had effect immediately before the commencement date);

• (v) the instrument makes direct or indirect reference to periodic assured tenancies that are not relevant assured tenancies within the meaning given by Part 2 of Schedule 6;

• (vi) the instrument otherwise makes direct or indirect reference to any enactment as it had effect before being amended by Chapter 1 or 2 of Part 1.

• (9) Regulations made by virtue of subsection (7)(b) must provide that they do not prevent—

• (a) the variation or revocation of provision modified by the regulations, or

• (b) the re-making of provision that has ceased to have effect as a result of the regulations.

• (10) Regulations made by virtue of subsection (7)(b) may apply to an instrument as it has effect in relation to times before the coming into force of the regulations but after the day on which Chapter 1 or 2 of Part 1 (as the case may be) comes into force.

• (11) A statutory instrument containing (whether alone or with other provision) regulations under subsection (3) that—

• (a) fall within subsection (7)(b), or

• (b) amend or repeal provision made by Part 2 of Schedule 6 to this Act,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (12) In this section “the commencement date” has the meaning given by section 146(3).

• (13) The powers under this section include power to make different provision for different purposes.

Short title

149

This Act may be cited as the Renters’ Rights Act 2025.

Schedule 1

Introductory

1

Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let on assured tenancies) is amended as follows.

Amendments of Ground 1: occupation by landlord or family

2

For Ground 1 (excluding the italic heading) substitute—

• The current tenancy began at least 1 year before the relevant date and the landlord who is seeking possession requires the dwelling-house as the only or principal home of any of the following— the landlord; the landlord’s spouse or civil partner or a person with whom the landlord lives as if they were married or in a civil partnership; the landlord’s— parent; grandparent; sibling; child; grandchild; a child or grandchild of a person mentioned in paragraph (b). A relationship of the half-blood is to be treated as a relationship of the whole blood. In the case of joint landlords seeking possession, references to “the landlord” in this ground are to be read as references to at least one of those joint landlords. When calculating whether the current tenancy began at least 1 year before the relevant date, both— the day when the current tenancy began, and the relevant date, must be included in the calculation.

New ground for sale of dwelling-house

3

After Ground 1 insert—

• Ground 1A The following conditions are met— the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord; the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976; either— the current tenancy began at least 1 year before the relevant date, or at the relevant date, notice of a compulsory acquisition in relation to the dwelling-house has been given, the landlord intends to sell their interest in the dwelling-house to the acquiring authority and the acquiring authority intends to acquire it; the landlord seeking possession is not— a non-profit registered provider of social housing, a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996, a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010, a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing. In paragraph (c)(ii), “sell” includes transfer. When calculating whether the current tenancy began at least 1 year before the relevant date, both— the day when the current tenancy began, and the relevant date, must be included in the calculation.

New ground for possession after rent-to-buy agreement

4

After Ground 1A (inserted by paragraph 3 of this Schedule) insert—

• Ground 1B The following conditions are met— the landlord who is seeking possession intends— to sell a freehold or leasehold interest in the dwelling-house, to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, or to grant an assured tenancy to another person; the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976; the landlord who is seeking possession is a private registered provider of social housing; the assured tenancy was entered into pursuant to a rent-to-buy agreement; the period stated in that agreement has expired; the landlord who is seeking possession has complied with— any provision of the rent-to-buy agreement requiring the landlord to offer the dwelling-house for sale to the tenant, and any requirements in the agreement about such an offer. In this ground— “rent-to-buy agreement” means an agreement in writing which— provides for the tenant to pay rent that is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and gives notice that the landlord intends after a period stated in the agreement which is not less than 5 years or, for dwelling-houses in Greater London, 10 years from the beginning of the tenancy to offer the dwelling-house for sale to the tenant.

Amendments of Ground 2: sale by mortgagee

5

In Ground 2—

• (a) in the words before paragraph (a) omit “granted before the beginning of the tenancy”;

• (b) omit paragraph (c) (and the “and” before it).

New ground for possession when superior lease ends

6

After Ground 2 insert—

• Ground 2ZA The landlord who is seeking possession— holds the interest in the dwelling-house under a superior tenancy where— the superior landlord has given a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date, or the superior tenancy is a fixed term tenancy of a term certain which will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, and is, or, in the case of joint landlords seeking possession, at least one of them is— a private registered provider of social housing, a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995, a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or a company of which a local authority owns at least 50% of the issued share capital.

New grounds for possession in cases where there is a superior lease

7

After Ground 2ZA (inserted by paragraph 6 of this Schedule) insert—

• Ground 2ZB The landlord who is seeking possession holds the interest in the dwelling-house under a superior tenancy which is a fixed term tenancy of a term certain of more than 21 years and— the fixed term will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, or if the superior tenancy has continued following the expiry of the fixed term, any party to the superior tenancy has served a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date.
• Ground 2ZC The landlord who is seeking possession became the landlord by virtue of section 18 no more than 6 months before the date on which the possession proceedings were commenced, and the previous landlord under the assured tenancy was, or, in the case of previous joint landlords, at least one them was— a private registered provider of social housing, a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995, a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or a company of which a local authority owns at least 50% of the issued share capital.
• Ground 2ZD The landlord who is seeking possession became the landlord by virtue of section 18, no more than 6 months before the date on which the possession proceedings were commenced, as a result of a superior tenancy which was a fixed term tenancy of a term certain of more than 21 years coming to an end— on the expiry of the fixed term, within the period of 12 months ending with the date on which the fixed term would have expired if the tenancy had not come to an end, or after the expiry of the fixed term, as a result of a valid notice to terminate the tenancy.

Repeal of Ground 3: holiday accommodation

8

Omit Ground 3.

Amendments of Ground 4: student accommodation

9

In Ground 4—

• (a) omit the opening words;

• (b) omit paragraph (a) (together with the final “and”);

• (c) paragraph (b) becomes an unnumbered paragraph;

• (d) after that unnumbered paragraph insert

and— 1. if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 14 of Schedule 15 to the Rent Act 1977, and 2. the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.

New ground for possession of student accommodation for occupation by students

10

After Ground 4 insert—

• Ground 4A The following conditions are met— the dwelling-house is in an HMO or is an HMO, the tenant meets the student test when the tenancy is entered into, the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the tenancy is entered into, a written statement of the landlord’s wish to be able to recover possession on the basis that— the tenant meets the student test when the tenancy is entered into, and the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into, the period— beginning with the day on which the tenancy was entered into, and ending with the day on which the tenant was entitled to possession of the dwelling-house, is six months or less, the relevant date falls within the period beginning with 1 June and ending with 30 September in any year, and the landlord seeking possession intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into. For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets the student test when a tenancy is entered into if— the tenant is a full-time student at that time, or at that time, the landlord reasonably believes that the tenant would become a full-time student during the tenancy. But, in a case where two or more persons are or would be the tenant, the tenant does not meet the student test unless all of those persons meet that test. In this ground, “full-time student” means a person receiving education provided by means of a full-time course— of any description mentioned in Schedule 6 to the Education Reform Act 1988 provided by an institution in England or Wales; of any description mentioned in section 38(2) of the Further and Higher Education (Scotland) Act 1992 provided by an institution in Scotland; of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) provided by an institution in Northern Ireland. In a case where, because of paragraph 8(7) of Schedule 1 to the 1988 Act, a tenancy becomes an assured tenancy, the condition in paragraph (c) of the first paragraph of this ground is met if the written statement referred to there is given within the period of 28 days beginning with the date on which the tenancy becomes an assured tenancy.

Amendment of Ground 5: ministers of religion

11

In Ground 5—

• (a) omit paragraph (a) (together with the final “and”);

• (b) after paragraph (b) insert—

1. if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 15 of Schedule 15 to the Rent Act 1977, and
2. the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.

New ground for possession for occupation by agricultural worker

12

After Ground 5 insert—

• Ground 5A The landlord seeking possession requires the dwelling-house for the purpose of housing a qualifying agricultural worker. For the purpose of this ground a person is a “qualifying agricultural worker” in case A or B. Case A is where— the person will be employed in agriculture as a seasonal or permanent employee under a contract of employment, and the employer under that contract is— the landlord, or in the case of joint landlords seeking possession, at least one of those landlords. Case B is where— the person will be— employed in agriculture under a contract of employment, but the employer under that contract is not the landlord or, in the case of joint landlords, any of those landlords, or working in agriculture under a contract that is not a contract of employment, whether the contract is express or implied and (if express) whether oral or in writing, the person will be employed or working in agriculture under that contract wholly or mainly for— the landlord, or in the case of joint landlords seeking possession, at least one of the landlords, and the relevant landlord intends that employment or work to continue for at least six months after the relevant date; and here “relevant landlord” means the landlord, or whichever of the joint landlords, the person will be wholly or mainly working for. In this ground— “agriculture” has the same meaning as in the Rent (Agriculture) Act 1976 (see section 1 of that Act); “contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996.

New ground for possession for occupation by person who meets employment requirements

13

After Ground 5A (inserted by paragraph 12 of this Schedule) insert—

• Ground 5B The landlord seeking possession— is a private registered provider of social housing, holds the dwelling-house for the purpose of accommodating persons who meet requirements connected with their employment, and requires the dwelling-house to let it under a new tenancy to a person who meets those requirements, and the tenant in possession does not fulfil those requirements.