Renters’ Rights Act 2025

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

Ground 16 to be renumbered as Ground 5C and to be a mandatory ground for possession

14
  • (1) Ground 16 in Part 2 of Schedule 2, together with the italic heading before it, moves to after Ground 5B (inserted by paragraph 13 of this Schedule) and becomes Ground 5C in Part 1 of that Schedule.
  • (2) For the first paragraph of the new Ground 5C substitute—
  • The dwelling-house was let to the tenant in consequence of the tenant’s employment— by the landlord seeking possession, in the case of joint landlords seeking possession, by at least one of them, by a previous landlord under the tenancy, or pursuant to an agreement between any of those landlords and the employer, and either— the tenant has ceased to be in that employment, or the tenancy was granted for the purpose of providing the tenant with accommodation during the early period of their employment, that purpose has been fulfilled and the landlord seeking possession intends to let the dwelling-house to another current or future employee of the employer. In this ground, “the employer” means the tenant’s employer at the time the tenant entered the tenancy.
  • (3) After the second paragraph of the new Ground 5C insert—
  • This ground also applies to the letting of a dwelling-house to a tenant in consequence of the tenant’s service in the office of constable, but with the following modifications. “Employment” means service in the office of constable. In the first paragraph of this ground, in paragraph (d), “the employer” means any of the following persons— the chief officer of a police force; a policing body; in relation to a constable’s service under the direction and control of a person who is not a constable (the “senior person”)— the senior person, or a person or body with the function of maintaining or securing the maintenance of the body of which the senior person is a member. The first paragraph of this ground has effect as if the following were substituted for the second paragraph (b)— the tenancy was granted for a particular purpose relating to the tenant’s service as a constable and— that purpose has been fulfilled, or the tenancy is no longer required for that purpose. In those modifications— “service in the office of a constable” includes a constable’s service under the direction and control of a person who is not a constable; “chief officer of a police force” means— a chief officer of police (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act), the chief constable of the Ministry of Defence Police, the chief constable of the British Transport Police, the chief constable of the Civil Nuclear Constabulary, the chief constable of the Police Service of Scotland, or the chief constable of the Police Service of Northern Ireland; “policing body” means— a local policing body (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act), the Secretary of State in relation to the Ministry of Defence Police, the British Transport Police Authority, the Civil Nuclear Police Authority, the Scottish Police Authority, or the Northern Ireland Policing Board.
  • (4) In the italic heading, for “16” substitute “5C”.

New ground for possession for end of employment requirements

15

After Ground 5C (as renumbered by paragraph 14 of this Schedule) insert—

  • Ground 5D The landlord seeking possession is a private registered provider of social housing, the tenancy agreement includes a requirement connected with the tenant’s employment and the tenant no longer fulfils that requirement.

New ground for possession for occupation as supported accommodation

16

After Ground 5D (inserted by paragraph 15 of this Schedule) insert—

  • Ground 5E The landlord seeking possession requires possession of the dwelling-house to let it as supported accommodation where— the landlord holds the dwelling-house for the purpose of making it available for occupation as supported accommodation, and the tenant did not enter the assured tenancy for the purpose of receiving care, support or supervision.

New grounds for possession of dwelling-house occupied as supported accommodation

17
  • (1) After Ground 5E (inserted by paragraph 16 of this Schedule) insert—
  • Ground 5F The dwelling-house was supported accommodation when the tenancy was granted and any of the following applies— the tenancy was granted for the purpose of providing the tenant with support services for a limited time in order to enable the tenant to be able to live in other accommodation in the future and the period for which those support services were to be provided has ended; a person other than the landlord provides or provided support services to the tenant, but— the support services have come to an end or the person is not fulfilling their obligations under the arrangements for the provision of those services, and where the dwelling-house is not managed accommodation, the landlord has used reasonable endeavours to find another person to provide support services to the tenant but has not been able to do so; where the accommodation or support services were funded wholly or partly by someone other than the landlord or the tenant— that funding is no longer being provided, where the dwelling-house is not managed accommodation, the landlord used reasonable endeavours to identify alternative funding before the relevant date but was not able to do so, and it would not be reasonable for the landlord to continue to provide accommodation or for the person who provided support services to continue that provision in the circumstances; the financial viability of the landlord or of supported accommodation or support services the landlord provides to others would, in the landlord’s reasonable opinion, be threatened if the landlord were to continue to provide or fund a supported accommodation project of which the tenant’s dwelling-house forms part and the landlord used reasonable endeavours to identify alternative funding for the project before the relevant date but was not able to do so; the tenant does not need the level of support services that are provided; the tenant does not need any support services; the support services that are provided do not meet the tenant’s needs; the dwelling-house has physical features intended to enable persons with needs for particular support services to live more independently than they could do so without those features and those physical features are not needed by the tenant; the dwelling-house is physically unsuitable for a person with the tenant’s needs for support services to live in. In paragraph (d), “supported accommodation project” means— supported accommodation consisting of two or more dwelling-houses in the same building as, or otherwise nearby, each other, supported accommodation consisting of two or more dwelling-houses occupied by tenants who receive support services of a similar kind, or support services of a similar kind provided to tenants of two or more dwelling-houses that are supported accommodation. In this ground, references to the “landlord” are to the landlord who is seeking possession.
  • (2) After Ground 17 insert—
  • Ground 18 The tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing support services with regard to those services.

New ground for possession for tenancy granted for homelessness duty

18

After Ground 5F (inserted by paragraph 17 of this Schedule) insert—

  • Ground 5G The tenant’s occupation of the dwelling-house was (at any time during the period of occupation) in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 and— the local housing authority has notified the landlord that the tenancy is not required for the purposes of that duty, and the relevant date is no more than 12 months after the date on which the local housing authority notified the landlord as mentioned in paragraph (a). In this ground “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.

New ground for possession of stepping stone accommodation

19

After Ground 5G (inserted by paragraph 18 of this Schedule) insert—

  • Ground 5H The landlord seeking possession is a registered provider of social housing or a charity and— the tenancy was granted because the tenant met one or more eligibility conditions, a written tenancy agreement set out the eligibility condition (the “specified condition”) or the eligibility conditions (the “specified conditions”) that the tenant met, either— the tenant no longer meets the specified condition or specified conditions, or the tenancy was granted in order to provide accommodation for a limited period to help the tenant transition to living independently and that period has come to an end, the rent is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and the tenancy was not granted— pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996, as a tenancy of supported accommodation, or in pursuance of a local housing authority’s duty under section 193 of the Housing Act 1996. Each of the following is an “eligibility condition” for the purposes of this ground— the tenant is in work, or work of a description specified in the condition, for which the tenant is paid; the tenant is actively seeking work, or work of a description specified in the condition, for which the tenant would be paid; the tenant is— of a particular age, or within a particular range of ages, specified in the condition. For the purposes of paragraph (a) or (b) of the definition of “eligibility condition”, a description of work may (in particular) be expressed by reference to— work for a particular employer or description of employer or work at a particular place of work or description of place of work; the amount which the tenant is paid for the work; the duration or expected duration of the contract or other arrangement under which the work is done. In this ground a reference— to work includes self-employment; to seeking work includes seeking to become self-employed. The question of whether the tenant no longer meets the specified condition or specified conditions is to be determined for the purposes of this ground in accordance with the terms of the tenancy agreement. But if— the terms of the tenancy agreement do not make any provision about that question, there are two or more specified conditions, and the tenant no longer meets one or more of those conditions, the tenant no longer meets the specified conditions for the purposes of this ground. The Secretary of State may by regulations (“eligibility condition regulations”) make provision (including provision amending this ground)— to add, vary or remove any eligibility condition; about the meaning of any eligibility condition. Eligibility condition regulations may make different provision for different purposes. A statutory instrument containing eligibility condition regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Amendments of Ground 6: redevelopment

20

For Ground 6 (excluding the italic heading) substitute—

  • These conditions are met— the general redevelopment conditions (in every case); the landlord’s acquisition condition, but only in a case where section 7(5ZA) applies in relation to the tenancy; the additional RSL condition, but only in a case where the landlord seeking possession is— a relevant social landlord, and the person who intends to carry out the work mentioned in this ground. The “general redevelopment conditions” are met if— the landlord seeking possession is mentioned in the first column in a row of the table in this ground; the tenancy is mentioned in the second column of that row; a person mentioned in the third column of that row intends to— demolish or reconstruct the whole or a substantial part of the dwelling-house, or carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part; the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because— the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out, the nature of the intended work is such that no such variation is practicable, the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of the landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or the nature of the intended work is such that such a tenancy is not practicable; either — the assured tenancy began at least 6 months before the relevant date, or notice of a compulsory acquisition was given in respect of the dwelling-house where— the acquiring authority was the person who became the landlord who is seeking possession, and the dwelling-house was transferred to that landlord within the period of 12 months ending with the relevant date; 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, as amended by Part 1 of Schedule 4 to this Act or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended by Part 2 of that Schedule. The “landlord’s acquisition condition” is met if— the landlord seeking possession acquired their interest in the dwelling-house before the grant of the tenancy, or that interest was in existence at the time of that grant and neither that landlord (or, in the case of joint landlords, any of them) nor any other person who, alone or jointly with others, has acquired that interest since that time acquired it for money or money’s worth. The “additional RSL condition” is met in case A, case B or case C. Case A: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect— it is let as a separate dwelling with adequate security of tenure; it is affordable; it is in an appropriate location; it is not overcrowded. Case B: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect— it is being provided temporarily until other alternative accommodation becomes available which will meet the conditions in case A; it is affordable; it is in an appropriate location; it is not overcrowded. Case C: a case where— the tenancy of the dwelling-house was not granted pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996, when the tenancy was granted, the landlord intended to— demolish or reconstruct the whole or a substantial part of the dwelling-house, or carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part, within a specific period, and the relevant social landlord gave the tenant, before the tenancy was entered into, a written statement of the landlord’s wish to be able to recover possession on the basis of that intention to carry out that work within that period (and that period must be included in the statement). For the purpose of the additional RSL condition, accommodation— is let “with adequate security of tenure” if it is let— on an assured tenancy, or on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy; is “affordable” if it is— no more expensive than the dwelling-house of which possession is being sought, or reasonably suitable to the means of the tenant; is “in an appropriate location” if it is— reasonably close to the dwelling-house of which possession is being sought, or reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work; is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985. Table Landlord seeking possessionTenancyLandlord intending to redevelop a relevant social landlordany tenancy the landlord who is seeking possession a superior landlord the unit-holder of a commonhold unit in relation to which a commonhold association exercises functionsa tenancy of a dwelling-house which is contained in or comprises the commonhold unit the landlord who is seeking possession the commonhold association any landlord other than a relevant social landlord or a unit-holder of a commonhold unit in relation to which a commonhold association exercises functionsany tenancythe landlord who is seeking possession In this ground— “commonhold association”, “commonhold unit” and “unit-holder” have the meanings given by Part 1 of the Commonhold and Leasehold Reform Act 2002 (see sections 11 to 13 and 34 of that Act); “relevant social landlord” means— 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.

New ground for possession of alternative accommodation provided during redevelopment

21

After Ground 6 insert—

  • Ground 6A These conditions are met— the landlord seeking possession (the “current landlord”) is a relevant social landlord; the dwelling-house (the “current home”) was made available for occupation by the tenant, or a predecessor in title of the tenant, to enable redevelopment of another dwelling-house (the “previous home”) which— was the only or principal home of the tenant or predecessor in title, and was occupied by the tenant or predecessor in title under a tenancy (the “previous tenancy”) of which the landlord was— a relevant social landlord, or a registered provider of social housing other than a private registered provider of social housing; alternative accommodation that— consists of the previous home and is affordable, or consists of other premises and is affordable, in an appropriate location and not overcrowded, is available for the tenant or will be available for the tenant when the order for possession takes effect; that alternative accommodation is to be let as a separate dwelling with adequate security of tenure. For the purpose of this ground, accommodation— is let “with adequate security of tenure” if it is let— on an assured tenancy, or on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy; is “affordable” if it— is no more expensive than the previous home, making these assumptions— that the redevelopment of the previous home has not taken place, and that the tenant, or predecessor in title, has continued to be the tenant of the previous home under the previous tenancy, or is reasonably suitable to the means of the tenant; is “in an appropriate location” if it is— reasonably close to the previous home, or reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work; is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985. In this Ground— “redevelopment”, in relation to the dwelling-house that is the previous home, means— demolishing or reconstructing the whole or a substantial part of the dwelling-house, or carrying out substantial works on the dwelling-house or any part of it, or any building of which it forms part; “relevant social landlord” has the same meaning as in Ground 6.

New ground for possession to allow compliance with enforcement action

22

After Ground 6A (inserted by paragraph 21) insert—

  • Ground 6B Any of the following applies— letting the dwelling-house causes the landlord to breach a banning order under section 16 of the Housing and Planning Act 2016, or would do so if the landlord were to continue to let the dwelling-house; an improvement notice under section 11 or 12 of the Housing Act 2004— specifies the dwelling-house or premises in which the dwelling-house is contained as requiring remedial action, and specifies overcrowding as the deficiency giving rise to the hazard in respect of which that remedial action is to be taken; a prohibition order under section 20 or 21 of the Housing Act 2004 prohibits use of— the dwelling-house, the common parts, or any part of the dwelling-house or of the common parts, either for all purposes or for any purpose that is incompatible with continued occupation by the tenant; the dwelling-house is or is in an HMO which is required to be licensed under section 61 of the Housing Act 2004, and— the landlord applied for a licence under section 63 of the Housing Act 2004 and the local housing authority refused to grant a licence, or the landlord held a licence but the licence has been revoked; the dwelling-house is or is in a house which is required to be licensed under section 85 of the Housing Act 2004, and— the landlord applied for a licence under section 87 of the Housing Act 2004 and the local housing authority refused to grant a licence, or the landlord held a licence but the licence has been revoked; the dwelling-house is or is in an HMO which is licensed under Part 2 of the Housing Act 2004 or a house which is licensed under Part 3 of that Act and that HMO or house is occupied by more than the maximum number of households or persons specified in the licence; compliance with a planning enforcement notice or injunction would be, or is, incompatible with continued occupation of the dwelling-house by the tenant. In this ground— “common parts” has the same meaning as in Ground 13; “house” has the same meaning as in Part 3 of the Housing Act 2004 (see section 99 of that Act); references to the “landlord” are to the landlord who is seeking possession or, in the case of joint landlords seeking possession, to at least one of them; “planning enforcement notice or injunction” means— an enforcement notice issued under section 172 or 182 of the TCPA 1990 that has taken effect, a breach of condition notice served under section 187A of the TCPA 1990, an injunction granted under section 187B of the TCPA 1990, a listed building enforcement notice issued under section 38, 45 or 46 of the P(LBCA)A 1990 that has taken effect, or an injunction granted under section 44A of the P(LBCA)A 1990; “P(LBCA)A 1990” means the Planning (Listed Building and Conservation Areas) Act 1990; “TCPA 1990” means the Town and Country Planning Act 1990; “the local housing authority” has the meaning given in section 261 of the Housing Act 2004.

Amendments of Ground 7: death of tenant

23

In Ground 7—

  • (a) in the first unnumbered paragraph for the words from “The tenancy” to “devolved” insert “The tenancy has devolved on a person (the “new tenant”)”;
  • (b) after the first unnumbered paragraph insert—
  • But, if the new tenant is occupying the dwelling-house as the new tenant’s only or principal home immediately before the death of the former tenant, an order for possession on this Ground may not be made unless— the tenancy has previously devolved on the former tenant under a will or intestacy (whenever that devolution occurred), or the tenancy is a special tenancy immediately before the death of the former tenant. In this Ground “special tenancy” means— a tenancy of social housing (within the meaning given by Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing; a tenancy entered into pursuant to a rent-to-buy agreement (which has the same meaning as in Ground 1B) where the landlord is a private registered provider of social housing; a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2; a tenancy where the former tenant’s occupation of the dwelling-house is in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 (and here “local housing authority” has the same meaning as in Ground 5G); a tenancy which meets the conditions in paragraphs (a), (b), (d) and (e) in the first paragraph of Ground 5H.
  • (c) omit the third unnumbered paragraph.

Amendments of Ground 8: rent arrears

24

In Ground 8—

  • (a) in paragraph (a), for “eight” substitute “thirteen”;
  • (d) at the end insert—
  • When calculating how much rent is unpaid for the purpose of this ground, if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.

Power to amend Schedule 2 and new interpretation provisions

25

After Part 4 of Schedule 2 to the 1988 Act insert—

(12) (1) In this Schedule— - “acquiring authority” means, where notice of a compulsory acquisition has been given, the person who would be authorised to make the compulsory acquisition if the order or legislation to which the notice relates were to become operative; - “HMO” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act); - “housing association” has the meaning given by section 1 of the Housing Associations Act 1985; - “managed accommodation” means supported accommodation into which a tenant has been admitted in order to meet a need for care, support or supervision, in a case in which that care, support or supervision is provided otherwise than by the landlord or a person acting on behalf of the landlord; - “relevant date”— in Grounds 2ZA, 2ZB and 5F, means the date of service of the notice under section 8; otherwise, means the date specified in the notice under section 8 but see sub-paragraph (2) where the court exercises the power conferred by section 8(1)(b);; - “support services” in relation to a tenant in supported accommodation, means care, support or supervision— which is provided by the landlord or a person acting on behalf of the landlord, or which the tenant was admitted into the accommodation for the purpose of receiving; - “supported accommodation” means a dwelling-house let— by— a housing association, a private registered provider of social housing, a registered charity, or a voluntary organisation, and to a tenant who receives care, support or supervision provided either— by the landlord or a person acting on behalf of the landlord, or by someone else, if the tenant has been admitted into the accommodation in order to meet a need for care, support or supervision. (2) Where the court exercises the power conferred by section 8(1)(b) (power to dispense with notice under section 8) references in this Schedule to the relevant date are to be read as references to the date on which proceedings for possession began. (3) For the purposes of this Schedule, each of the following constitutes giving notice of a compulsory acquisition— (a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order— (i) publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, the Acquisition of Land Act 1981, in accordance with that Act, or (ii) service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act; (b) in the case of a compulsory acquisition which is to be authorised by any other order, publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act; (c) in the case of a compulsory acquisition which is to be authorised by a special enactment, publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business. (4) In sub-paragraph (3)— - “compulsory purchase order” means a compulsory purchase order within the meaning given by the Acquisition of Land Act 1981 (see section 2 of that Act); - “special enactment” means— a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or a provision which— is contained in an Act other than a local or private Act, and authorises the compulsory acquisition of land specifically identified in that Act. (13) (1) The Secretary of State may by regulations amend this Schedule so as to— (a) amend Ground 2ZA to change the descriptions of the landlord who may use the ground; (b) amend Ground 2ZC to change the descriptions of previous landlord mentioned in it; (c) provide for Ground 5C to apply only where the landlord seeking possession or the employer is of a particular description; (d) amend Ground 5H to change the descriptions of landlord who may use the ground; (e) add other situations to the list in the first paragraph of Ground 6B in which that ground may be relied on or remove any situations added by virtue of this sub-paragraph; (f) amend the definition of “special tenancy” in Ground 7; (g) amend the definition of “supported accommodation” or “managed accommodation” in paragraph 12. (2) Regulations under this paragraph may— (a) make consequential, supplementary, incidental, transitional or saving provision; (b) make different provision for different purposes. (3) Regulations under this paragraph are to be made by statutory instrument. (4) A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Schedule 2

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

1

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.

2

In section 16 (protection of tenure of certain rented premises by extension of Housing Act 1988) as it applies otherwise than to Scotland—

  • (a) omit subsection (1);
  • (b) in subsection (2)(a) omit “which is a periodic tenancy”;
  • (c) in subsection (3), for “Neither subsection (1) nor subsection (2) above applies” substitute “Subsection (2) does not apply”;
  • (d) in subsection (4), for “subsections (1) and” substitute “subsection”.
3

In section 17 (provision supplementary to section 16 of that Act) as it applies otherwise than to Scotland—

  • (a) omit subsection (1);
  • (b) in subsection (2)—
  • (i) in paragraph (a) omit “which is a periodic tenancy”;
  • (ii) for paragraph (b) and the words after it substitute—

(b) immediately before the time when the tenancy would otherwise have come to an end as mentioned in paragraph (a)— (i) the tenant under the terms of the tenancy has the exclusive occupation of some accommodation (in this section referred to as “the separate accommodation”), and has the use of other accommodation in common with another person or other persons, not being or including the landlord, but (ii) by reason only of such circumstances as are mentioned in section 16(4), subsection (1) of section 3 of the Housing Act 1988 (provisions where tenant shares accommodation with persons other than landlord) does not have effect with respect to the separate accommodation, during the remainder of the period of protection, section 3 of the Housing Act 1988 applies in relation to the separate accommodation as if the circumstances referred to in sub-paragraph (ii) did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.

;

  • (c) in subsection (3) for “Neither subsection (1) nor subsection (2) above applies” substitute “Subsection (2) does not apply”.
4

In section 18 (protection of tenure under a licence or rent free letting) as it applies otherwise than to Scotland, in subsection (1), omit “a statutory periodic tenancy which is”.

5

In section 19 (limitation of application of Housing Act 1988 by virtue of sections 16 to 18 of that Act) as it applies otherwise than to Scotland—

  • (a) in paragraph (a) omit “the statutory periodic tenancy which is deemed to arise or, as the case may be,”;
  • (b) in paragraph (b) omit “before the time when that statutory periodic tenancy was deemed to arise or, as the case may be,”.
6

In section 20 (modifications) as it applies otherwise than to Scotland—

  • (a) in subsection (2)—
  • (i) in the opening words, for “Ground 16” substitute “Ground 5C”;
  • (ii) in paragraph (b) omit “statutory periodic tenancy or”;
  • (b) in subsection (3), in the words before paragraph (a), for “16” substitute “18”.
7

In section 23 (interpretation) omit the definitions of “fixed term tenancy” and “statutory periodic tenancy”.

Greater London Council (General Powers) Act 1973

8

In section 25 of the Greater London Council (General Powers) Act 1973 (provision of temporary sleeping accommodation to constitute material change of use), in subsection (2)—

  • (a) in paragraph (a), after “person” insert “otherwise than under or by virtue of an assured tenancy”;
  • (b) after that paragraph insert—

(aa) “assured tenancy” means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988;

Housing Act 1985

9

The Housing Act 1985 is amended as follows.

10

In section 81ZA (grant of secure tenancies in cases of domestic abuse), in subsection (4), in the definition of “qualifying tenancy”, in paragraph (b), omit sub-paragraph (i).

11

In section 81B (cases where old-style English secure tenancies may be granted), in subsection (2C), in the definition of “qualifying tenancy”, in paragraph (b), omit “which is not an assured shorthold tenancy and”;

12

In section 82A (demotion because of anti-social behaviour)—

  • (a) in subsection (1), omit paragraphs (ba) and (c);
  • (b) in subsection (8), omit paragraph (b).
13

In section 171B (extent of preserved right), omit subsection (1A).

14

In section 553 (effect of repurchase on certain existing tenancies (England)), in subsection (2)—

  • (a) in paragraph (a), omit the words “or an assured tenancy”;
  • (b) in paragraph (b), omit the words from “or in accordance” to the end of that paragraph (including the “and” at the end of that paragraph);
  • (c) omit paragraph (c).
15

In section 554 (grant of tenancy to former owner-occupier), in subsection (3)—

  • (a) omit paragraph (c) (and the “or” at the end of that paragraph);
  • (b) after paragraph (b), insert—

(ca) an assured tenancy, or

.

16

In Part 4 of Schedule 2 (grounds for possession: secure tenancies), in paragraph (1)(c), omit the words from “which is neither” to the end of that paragraph.

17

In Schedule 3 (grounds for withholding consent to assignment by way of exchange), in ground 2A, in the definition of “demotion order”, omit “or section 6A of the Housing Act 1988”.

Landlord and Tenant Act 1985

18

In section 13(1A) of the Landlord and Tenant Act 1985 (as amended by section 31) omit paragraph (b) and the “or” before it.

Agricultural Holdings Act 1986

19

In Schedule 3 to the Agricultural Holdings Act 1986 (cases where consent of tribunal to operation of notice to quit is not required), in Part 2, in paragraph 3

  • (a) in sub-paragraph (1), for paragraphs (c) and (d) substitute—

(c) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy (construing that term in accordance with Part 1 of the Housing Act 1988)— (i) by the person who was the landlord under the tenancy of the agricultural holding (“the former agricultural landlord”), or (ii) by another person pursuant to a contract or other agreement entered into with the former agricultural landlord under which— (A) the premises are to be let as suitable alternative accommodation for the purposes of paragraph (b) of case A, and (B) subsection (5ZA) of section 7 of that Act is to apply; (d) premises which are to be let as a separate dwelling in any other case on terms which will afford to the tenant security of tenure reasonably equivalent to the security that would be afforded by Chapter 1 of Part 1 of that Act in a case within paragraph (c).

;

  • (b) omit sub-paragraph (2).

Housing Act 1988

20

The 1988 Act is amended as follows.

21

In section 1 (assured tenancies), in subsection (5), omit “(and under any statutory periodic tenancy which arises on the coming to an end of that tenancy)”.

22

In section 1A (application of Chapters 1, 2 and 3 of Part 1 to dwelling in Wales), in subsection (3), after “tenancy” insert “, without the amendments made by the Renters’ Rights Act 2025”.

23

In section 5 (security of tenure)—

  • (a) in subsection (1)—
  • (i) in paragraph (a)(i) omit “or 21”;
  • (ii) omit paragraphs (b) and (c) (but not the “or” after them);
  • (iii) in the words after paragraph (d), for “a periodic” substitute “an”;
  • (b) omit subsections (2) to (7).
24

Omit section 6.

25

In section 9 (extended discretion of court in possession claims), in subsection (6), omit paragraph (b) and the “or” before it.

26

In section 10A (power to order transfer of tenancy in certain cases) omit subsection (8).

27

In section 15 (limited prohibition on assignment etc. without consent), in subsection (3), omit “a statutory periodic tenancy or”.

28

In section 17 (succession to assured tenancy)—

  • (a) in subsection (1)(a), omit “periodic”;
  • (b) in subsection (1A)(a), omit “periodic”;
  • (c) omit subsection (1B);
  • (d) omit subsection (1C);
  • (e) in subsection (1D), for “, (1A), (1B) or (1C)” substitute “or (1A)”;
  • (f) in subsection (5), omit “or (1B)(c) above”;
  • (g) in subsection (6), omit “, (1C)”;
  • (h) omit subsection (7).
29

In section 18 (provisions as to reversions on assured tenancies)—

  • (a) in subsection (3)—
  • (i) in the words before paragraph (a) omit “which is a periodic tenancy (including a statutory periodic tenancy)”;
  • (ii) omit paragraph (a) and the “or” after it;
  • (iii) in paragraph (b), for “periodic” substitute “assured”;
  • (iv) in the words after paragraph (b), for “periodic” substitute “assured”;
  • (b) omit subsection (4).
30

In section 34 (restrictions on new protected tenancies and agricultural occupancies) omit subsection (3).

31

In section 37 (no further assured tenancies under Housing Act 1980), in subsection (5), omit “(and under any statutory periodic tenancy which arises on the coming to an end of that tenancy)”.

32
  • (1) Section 39 (statutory tenants: succession) is amended as follows.
  • (2) In subsection (5), in the words after paragraph (b), omit “periodic”.
  • (3) In subsection (6)—
  • (a) in the words before paragraph (a), omit “periodic”;
  • (b) in paragraph (d), after the second “tenancy” insert “(but this is subject to section 4A)”;
  • (c) in paragraph (e), for “sections 13 to 15” substitute “sections 13 to 16B”;
  • (d) omit paragraph (f).
  • (4) Omit subsection (7).
  • (5) In subsection (8)—
  • (a) omit “periodic”;
  • (b) after “above)” insert “; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled”.
  • (6) For subsection (9) substitute—

(9) Where, immediately before the predecessor’s death, the predecessor was a tenant under a fixed term tenancy (the “former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor’s death (the “new tenancy”)— (a) not later than the first anniversary of the date of the predecessor’s death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)— (i) proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the “implied terms”), and (ii) if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms; (b) where a notice of variation has been served under paragraph (a)— (i) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and (ii) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed; (c) where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy— (i) which begins on the date of the predecessor’s death, and (ii) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal’s consideration; (d) whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined; (e) in making a determination underparagraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant; (f) where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct— (i) the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and (ii) the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal; but for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation; (g) nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.

33

In section 41 (rent assessment committees: procedure and information powers), in subsection (2), omit “or Chapter II”.

34

In section 41A (amounts attributable to services) omit “or 22”.

35

In section 45 (interpretation of Part 1)—

  • (a) in subsection (1) omit the definition of “statutory periodic tenancy”;
  • (b) in subsection (2) omit “Subject to paragraph 11 of Schedule 2 to this Act,”.
36

In Schedule 2 (grounds for possession)—

  • (a) in Part 3, in paragraph 2(a), omit the words from “other than—” to the end of sub-paragraph (ii) (but not the “, or” at the end of the paragraph);
  • (b) omit Part 4.
37

In Schedule 4 (statutory tenants: succession), in Part 3, omit paragraph 24.

Local Government and Housing Act 1989

38

The Local Government and Housing Act 1989 is amended as follows.

39

In Schedule 10 (security of tenure on ending of long residential tenancies)—

  • (a) in paragraph 5(1)(a), omit “, other than Ground 16”;
  • (b) for paragraph 5(2) substitute—

(2) Ground 6 in Schedule 2 to the 1988 Act may not be specified in a landlord’s notice to resume possession if the tenancy is a former 1954 Act tenancy. (2A) Where that Ground applies to any other long residential tenancy in accordance with sub-paragraph (1), it is to apply as if— (a) in paragraph (b) of that Ground, the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy,” were omitted; (b) in the general redevelopment conditions, paragraph (f) was omitted.

;

  • (c) in paragraph 6(3)(c)—
  • (i) omit “(other than an assured shorthold tenancy)”;
  • (ii) for “5” substitute “5H”;
  • (d) in paragraph 11(3)—
  • (i) in the opening words, omit “(not being an assured shorthold tenancy)”;
  • (ii) in paragraph (c), for “5” substitute “5H”;
  • (e) in paragraph 11(5)—
  • (i) in the opening words, omit “(not being an assured shorthold tenancy)”;
  • (ii) in paragraph (c), for “5” substitute “5H”;
  • (f) in paragraph 12(1), omit “or Chapter II”;
  • (g) in paragraph 13(4), for “15” substitute “18”.
40

In Schedule 11 (minor and consequential amendments), omit paragraphs 103 and 108.

Housing Act 1996

41

The Housing Act 1996 is amended as follows.

42

In section 64 omit the entry for “assured shorthold tenancy”.

43

Omit sections 96 to 100.

44

In section 124 (introductory tenancies), in subsection (2)(b), omit “, other than an assured shorthold tenancy,”.

45

In section 125 (duration of introductory tenancy)—

  • (a) in subsection (3), omit “, or a relevant assured shorthold tenancy,”;
  • (b) omit subsection (3A).
46

In section 143 (index of defined expressions) omit “and assured shorthold tenancy”.

47

In section 143C (change of landlord), in subsection (3), omit “shorthold”.

48

In section 175 (homelessness and threatened homelessness), in subsection (5)—

  • (a) in paragraph (a), for “section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy)” substitute “section 8 of the Housing Act 1988 (notice of proceedings for possession)”;
  • (b) in paragraph (b), for “that notice will expire” substitute “the date specified in that notice is”.
49

In section 188 (interim duty to accommodate in case of apparent priority need) omit subsection (1A).

50

In section 193A(4) (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage)—

  • (a) in paragraph (a) omit “shorthold”;
  • (b) at the end of paragraph (a) insert “and”;
  • (c) omit paragraph (c) and the “and” before it.
51

In section 195 (duties in cases of threatened homelessness), in subsection (6)—

  • (a) in the words before paragraph (a), for “section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy)” substitute “section 8 of the Housing Act 1988 (notice of proceedings for possession)”;
  • (b) in paragraph (a)—
  • (i) for “will expire” substitute “specifies a date that is”;
  • (ii) for “expired” substitute “passed”.
52

In section 209 (discharge of interim duties: arrangements with private landlord), in subsection (2), in the words after paragraph (b), for the words from “assured shorthold tenancy” (in the first place it occurs) to the end substitute “assured tenancy”.

53

In section 218 (index of defined expressions: Part 7), in the entry for assured tenancy and assured shorthold tenancy, omit “and assured shorthold tenancy”.

54

In section 230 (minor definitions: general), in the first definition, omit “, “assured shorthold tenancy””.

55

Omit Schedule 7.

Capital Allowances Act 2001

56

In the Capital Allowances Act 2001, in section 490(3)(b) (assured tenancy allowances), omit “(but not an assured shorthold tenancy)”.

Police Reform Act 2002

57

In section 100 of the Police Reform Act 2002 (Metropolitan Police Authority housing) omit subsection (4).

Homelessness Act 2002

58

In section 7 of the Homelessness Act 2002 (events causing main homelessness duty to cease)—

  • (a) for subsection (1) substitute—

(1) Section 193 of the 1996 Act (events which bring main homelessness duty to an end) is amended in accordance with subsections (3) to (5).

;

  • (b) omit subsection (2).

Finance Act 2003

59

In Schedule 9 to the Finance Act 2003 (stamp duty land tax: right to buy, shared ownership leases etc)—

  • (a) in paragraph 13, in each place it occurs, for “assured shorthold tenancy” substitute “assured tenancy”;
  • (b) in paragraph 14, in each place it occurs, for “assured shorthold tenancy” substitute “assured tenancy”.

Anti-social Behaviour Act 2003

60

In the Anti-social Behaviour Act 2003

  • (a) in section 14 (security of tenure: anti-social behaviour) omit subsection (4);
  • (b) omit section 15;
  • (c) in Schedule 1 (demoted tenancies), omit paragraph 2(3).

Housing Act 2004

61

The Housing Act 2004 is amended as follows.

62

Omit section 75.

63

Omit section 98.

64

In section 116 (general effect of final management orders), in subsection (4)—

  • (a) in paragraph (a)(ii), omit “(subject to paragraph (b))”;
  • (b) for paragraph (b) substitute—

(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of Part 1 of the Housing Act 1988.

65

In section 136 (making of final EDMOs), in subsection (5), before paragraph (a) insert—

(aa) where the EDMO is to be made by a local housing authority in England, paragraph 2 is to be read as requiring the notice under paragraph 1 to also set out the rights and powers of the authority under paragraph 10(3) of Schedule 7 in connection with a dwelling in relation to which a final EDMO is in force;

.

66

In Schedule 7 (general effect of final EDMOs), in paragraph 10(4)—

  • (a) in paragraph (a)(ii) omit “(subject to paragraph (b))”;
  • (b) for paragraph (b) substitute—

(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of the Housing Act 1988.

Housing and Regeneration Act 2008

67

The Housing and Regeneration Act 2008 is amended as follows.

68

In section 180 (right to acquire)—

  • (a) in subsection (2)(a), omit “, other than a long tenancy”;
  • (b) in subsection (2A), omit “shorthold”.
69

In Schedule 11 (possession orders relating to certain tenancies), in Part 1—

  • (a) omit paragraph 7;
  • (b) omit paragraph 9.

Regulatory Enforcement and Sanctions Act 2008

70

In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of Part 1), in the appropriate place, insert—

Charities Act 2011

71
  • (1) The Charities Act 2011 is amended as follows.
  • (2) In section 117 (restrictions on disposition of land: general), in subsection (2)(b)(ii), after “less” insert “or which are assured tenancies”.
  • (3) In section 120 (requirements for leases which are for 7 years or less)—
  • (a) in the heading, after “less” insert “or which are assured tenancies”;
  • (b) in subsection (1), the words from “a lease” to the end become paragraph (a);
  • (c) after that paragraph insert

, or (b) a lease that is an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988.

Localism Act 2011

72

In the Localism Act 2011

  • (a) in section 148 (duties to homeless persons) omit subsection (6)(b) and the “and” before it;
  • (b) in section 149 (duties to homeless persons: further amendments) omit subsections (2) and (4);
  • (c) in section 158 (secure and assured tenancies: transfer of tenancy)—
  • (i) omit subsection (3)(b)(i) and the “and” after it;
  • (ii) omit subsection (4)(b) and the “or” before it;
  • (iii) in subsection (8)(b), omit the words “that is not an assured shorthold tenancy”;
  • (iv) in subsection (9)(b), omit the words “that is not an assured shorthold tenancy”;
  • (v) in subsection (10), omit “shorthold”;
  • (d) in section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(c), for “and “assured shorthold tenancy” have” substitute “has”;
  • (e) in section 162 (secure and assured tenancies: recovery of possession after tenant’s death) omit subsection (4);
  • (f) omit section 163;
  • (g) omit section 164;
  • (h) in section 184 (tenancy deposit schemes), omit subsections (10) to (13);
  • (i) in Schedule 14 (grounds on which landlord may refuse to surrender and grant tenancies), in paragraph 6(4), in the definition of “demotion order”, omit “or section 6A of the Housing Act 1988”.

Deregulation Act 2015

73

In the Deregulation Act 2015

  • (a) omit section 31;
  • (b) omit sections 33 to 41.

Immigration Act 2016

74

In section 41 of the Immigration Act 2016 (order for possession of dwelling-house), in subsection (3), omit paragraphs (c) and (d).

Renting Homes (Wales) Act 2016 (anaw 1)

75

In Schedule 12 to the Renting Homes (Wales) Act 2016

  • (a) in the Welsh language text, after paragraph 29 insert—

(29A) At ddibenion paragraffau 28 a 29, mae Deddf Tai 1988 yn gymwys heb y diwygiadau a wnaed gan Ddeddf Rhentwyr (Diwygio) 2025 (p.26).

;

  • (b) in the English language text, after paragraph 29 insert—

(29A) For the purposes of paragraphs 28 and 29, the Housing Act 1988 applies without the amendments made by the Renters’ Rights Act 2025 (c.26).

Homelessness Reduction Act 2017

76

In section 4 of the Homelessness Reduction Act 2017 (duty in cases of threatened homelessness) omit subsection 4.

Schedule 3

Local Government Act 1974

1

The Local Government Act 1974 is amended in accordance with paragraphs 2 to 5.

2
  • (1) Section 33 (consultation between Local Commissioner and other Commissioners and Ombudsmen) is amended as follows.
  • (2) In the heading, for the words from “Local Commissioner” to the end substitute “Local Commissioner and other appropriate persons”.
  • (3) In subsection (1)—
  • (a) for the words from “subject of an investigation” to “about the matter and,” substitute “subject of a relevant investigation, the Local Commissioner shall consult with the appropriate person about the matter and,”;
  • (b) for the words from “initiate a complaint” to the end substitute “initiate a relevant complaint in relation to which the person consulted would be the appropriate person”.
  • (4) In subsection (2)—
  • (a) for the words from “the Parliamentary Commissioner” to “in relation to” substitute “an appropriate person in relation to”;
  • (b) for the words from “consult” to “about” substitute “consult that person about”.
  • (5) In subsection (3)—
  • (a) for the words from “conducting an investigation” to “the complaint relates” substitute “conducting a relevant investigation, the appropriate person forms the opinion that the complaint to which the investigation relates also relates”;
  • (b) for “he”, in both places it occurs, substitute “the appropriate person”.
  • (6) After subsection (3) insert—

(3ZA) Subsection (3) does not apply in relation to any of the following relevant investigations— (a) an investigation by the Health Service Commissioner for England in accordance with the Act of 1993; (b) an investigation by the Public Services Ombudsman for Wales in accordance with the Public Services Ombudsman (Wales) Act 2005; (c) an investigation by the Scottish Public Services Ombudsman in accordance with the Act of 2002.

  • (7) Omit subsections (3A) to (3C).
  • (8) In subsection (4), for the words from “subsection (3)” to “subsection (2)”, substitute “subsection (3), a Local Commissioner is consulted about a relevant complaint, subsection (2)”.
  • (9) After subsection (5) insert—

(5A) In this section— (a) “relevant investigation” means an investigation specified in column 1 of the table; (b) “relevant complaint” means a complaint specified in column 2 of the table; (c) “appropriate person”— (i) in relation to a relevant investigation, means the person in column 3 of the table in the row in which the investigation is specified; (ii) in relation to a relevant complaint, means the person in column 3 of the table in the row in which the complaint is specified.

1 2 3
Relevant investigations Relevant complaints Appropriate persons
An investigation by the Parliamentary Commissioner in accordance with section 5 of the Act of 1967 A complaint under the Act of 1967 The Parliamentary Commissioner
An investigation by the Health Service Commissioner for England in accordance with the Act of 1993 A complaint under the Act of 1993 The Health Service Commissioner for England
An investigation by a housing ombudsman under the Housing Act 1996 A complaint under the Housing Act 1996 The housing ombudsman
An investigation by the Scottish Public Services Ombudsman in accordance with the Act of 2002 A complaint under the Act of 2002 The Scottish Public Services Ombudsman
An investigation by the Public Services Ombudsman for Wales in accordance with the Public Services Ombudsman (Wales) Act 2005 A complaint under the Public Services Ombudsman (Wales) Act 2005 The Public Services Ombudsman for Wales
An investigation by the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022) A complaint under the new homes ombudsman scheme The new homes ombudsman
An investigation under a leasehold and estate management redress scheme (see section 100 of the Leasehold and Freehold Reform Act 2024) A complaint under a leasehold and estate management redress scheme The person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme
An investigation under a landlord redress scheme (see section 64 of the Renters’ Rights Act 2025) A complaint under a landlord redress scheme The person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme
3
  • (1) Section 33ZA (collaborative working between Local Commissioners and others) is amended as follows.
  • (2) In subsection (1), for the words from “jurisdiction of” to the end substitute “jurisdiction of an appropriate person, the Local Commissioner may, subject to subsection (2) below, conduct an investigation under this Part jointly with that appropriate person and any other appropriate person who, in the opinion of the Local Commissioner, has jurisdiction in relation to the matters which are the subject of the Local Commissioner’s investigation.”
  • (3) Omit subsections (1A) and (1B).
  • (4) In subsection (3), for the words from “investigated by” to the end substitute “investigated by an appropriate person relates partly to a matter within the Local Commissioner’s jurisdiction by virtue of this Part, the Local Commissioner may conduct an investigation under this Part jointly with that appropriate person and any other appropriate person who is also investigating the complaint.”
  • (5) After subsection (5) insert—

(6) For the purposes of this section— (a) “appropriate person” means any of the following— (i) the Parliamentary Commissioner; (ii) the Health Service Commissioner for England; (iii) a housing ombudsman; (iv) the new homes ombudsman; (v) an individual who investigates complaints under a redress scheme; (b) “redress scheme” means— (i) a leasehold and estate management redress scheme; (ii) a landlord redress scheme; (c) a matter is within the jurisdiction of an individual who investigates complaints under a redress scheme if it is a matter which could be the subject of an investigation under that scheme.

4

In section 33ZB (arrangements for provision of administrative and other services), for subsection (4) substitute—

(4) The persons within this subsection are— - the Commission; - the Parliamentary Commissioner; - the Health Service Commissioner for England; - the person administering a scheme approved under Schedule 2 to the Housing Act 1996 (scheme for enabling complaints to be investigated by a housing ombudsman); - the new homes ombudsman; - the person maintaining the new homes ombudsman scheme under arrangements made pursuant to section 136 of the Building Safety Act 2022; - the administrator of a leasehold and estate management redress scheme; - the administrator of a landlord redress scheme.

5

In section 34 (interpretation), in subsection (1), at the appropriate places insert—

  • head of landlord redress”, in relation to a landlord redress scheme, means the person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme;
  • landlord redress scheme” has the meaning given by section 64(2) of the Renters’ Rights Act 2025;

.

Housing Act 1996

6
  • (1) Paragraph 10A of Schedule 2 to the Housing Act 1996 (housing complaints: collaborative working with Local Commissioners) is amended as follows.
  • (2) In the heading above that paragraph, for “Local Commissioners” substitute “other appropriate persons”.
  • (3) In sub-paragraph (1), for the words from “a Local Commissioner” to the end substitute “an appropriate person, the housing ombudsman may, subject to sub-paragraph (2), conduct an investigation under this Act jointly with that person and any other appropriate person the housing ombudsman considers has jurisdiction.”
  • (4) Omit sub-paragraph (1A).
  • (5) In sub-paragraph (3), for the words from “a Local Commissioner” to the end substitute “an appropriate person relates partly to a matter within the jurisdiction of the housing ombudsman, the housing ombudsman may conduct an investigation jointly with that person and any other appropriate person investigating the complaint.”
  • (6) In sub-paragraph (4), for the words from “investigation jointly with” to the end substitute “investigation jointly with one or more appropriate persons, the requirements of paragraph 7 may be satisfied by a report made jointly with those persons.”
  • (7) For sub-paragraph (6) substitute—

(6) For the purposes of this paragraph— (a) “appropriate person” means any of the following— (i) a Local Commissioner; (ii) the new homes ombudsman; (iii) an individual who investigates complaints under a redress scheme; (b) “redress scheme” means— (i) a redress scheme within the meaning of section 100(4) of the Leasehold and Freehold Reform Act 2024 (leasehold and estate management redress schemes); (ii) a landlord redress scheme within the meaning of section 64(2) of the Renters’ Rights Act 2025; (c) a matter is within the jurisdiction of an individual who investigates complaints under a redress scheme if it is a matter which could be the subject of an investigation under that scheme.

Government of Wales Act 1998

7

In paragraph 17 of Schedule 12 to the Government of Wales Act 1998 (minor and consequential amendments), omit sub-paragraphs (2) and (3).

Public Services Ombudsman (Wales) Act 2005

8

In paragraph 15 of Schedule 6 to the Public Services Ombudsman (Wales) Act 2005 (consequential amendments)—

  • (a) in sub-paragraph (2), omit paragraphs (c) and (e);
  • (b) omit sub-paragraph (3).

Localism Act 2011

9

In section 182 of the Localism Act 2011 (transfer of functions to housing ombudsman), omit subsections (2) to (6).

Building Safety Act 2022

10

The Building Safety Act 2022 is amended in accordance with paragraphs 11 and 12.

11

In Schedule 3 (cooperation and information sharing), in paragraph 3, for sub-paragraph (5) substitute—

(5) “Relevant scheme” means any of the following— - a scheme approved under Schedule 2 to the Housing Act 1996 (housing complaints: social landlords); - a redress scheme to which persons are required by virtue of section 83 of the Enterprise and Regulatory Reform Act 2013 (lettings agency work) to be members; - a redress scheme to which persons are required by virtue of section 84 of that Act (property management work) to be members; - the new homes ombudsman scheme; - a redress scheme within the meaning of section 100(4) of the Leasehold and Freehold Reform Act 2024 (leasehold and estate management redress schemes); - a landlord redress scheme within the meaning of section 64(2) of the Renters’ Rights Act 2025.

12

In Schedule 10 (amendments in connection with new homes ombudsman), omit paragraphs 1 to 5.

Leasehold and Freehold Reform Act 2024

13

In Schedule 13 to the Leasehold and Freehold Reform Act 2024 (amendments in connection with leasehold and estate management redress schemes), omit paragraphs 2, 3, 4, 6 and 7.

Schedule 4

Part 1 — Amendments of Housing Act 2004

1

The Housing Act 2004 is amended as follows.

2
  • (1) Section 1 (new system for assessing housing conditions and enforcing housing standards) is amended as follows.
  • (2) In subsection (3)(a), omit “hazard”.
  • (3) After subsection (8) insert—

(9) But unoccupied HMO accommodation is “qualifying residential premises” for the purposes of this Part only to the extent provided for by section 2B(1)(c).

3
  • (1) Section 4 (inspections by local housing authorities) is amended as follows.
  • (2) For subsection (1) substitute—

(1) If a local housing authority consider as a result of any matters of which they have become aware in carrying out their duty under section 3, or for any other reason, that it would be appropriate for any residential premises in their district to be inspected with a view to determining— (a) whether any category 1 or 2 hazard exists on the premises, or (b) in the case of qualifying residential premises, whether the premises meet the requirements specified by regulations under section 2A, the authority must arrange for such an inspection to be carried out.

  • (3) In subsection (2)—
  • (a) omit the “or” at the end of paragraph (a), and
  • (b) after that paragraph insert—

(aa) in the case of qualifying residential premises, that the premises may not meet the requirements specified by regulations under section 2A, or

.

  • (4) After subsection (5) insert—

(5A) Regulations made under subsection (4) by the Secretary of State may also make provision about the manner of assessing whether qualifying residential premises meet the requirements specified by regulations under section 2A.

  • (5) In subsection (6)—
  • (a) omit the “or” at the end of paragraph (a), and
  • (b) after that paragraph insert—

(aa) that any qualifying residential premises in their district fail to meet the requirements specified by regulations under section 2A, or

.

  • (6) In the heading, omit “to see whether category 1 or 2 hazards exist”.
4
  • (1) Section 5 (general duty to take enforcement action) is amended as follows.
  • (2) For subsection (1) substitute—

(1) If a local housing authority consider that— (a) a category 1 hazard exists on any residential premises, or (b) any qualifying residential premises fail to meet a type 1 requirement, the authority must take the appropriate enforcement action in relation to the hazard or failure.

  • (3) In subsection (2)(c), for “a hazard” substitute “an”.
  • (4) In subsections (3) to (6), after “hazard” (in each place) insert “or failure”.
  • (5) In the heading, after “hazards” insert “and type 1 requirements”.
5

In the heading to section 6 (how duty under section 5 operates in certain cases), omit “Category 1 hazards”.

6

After section 6 insert—

(6A) (1) This section applies where— (a) a local housing authority is required by section 5(1) to take the appropriate enforcement action in relation to— (i) the existence of a category 1 hazard on qualifying residential premises other than the common parts of a building containing one or more flats, or (ii) a failure by qualifying residential premises other than the common parts of a building containing one or more flats to meet a type 1 requirement, and (b) in the opinion of the local housing authority it would have been reasonably practicable for the responsible person to secure the removal of the hazard or the meeting of the requirement. (2) When first taking that action, the local housing authority may also impose on the responsible person a financial penalty under this section in relation to the hazard or failure. (3) In subsections (1) and (2), “the responsible person” is the person on whom an improvement notice may be served in accordance with paragraphs A1 to 4 of Schedule 1 in relation to the hazard or failure. (4) For the purposes of subsection (3)— (a) it is to be assumed that serving such a notice in relation to the hazard or failure is a course of action available to the authority, and (b) any reference in paragraphs A1 to 4 of Schedule 1 to “the specified premises” is, in relation to the imposition of a financial penalty under this section, to be read as a reference to the premises specified in the final notice in accordance with paragraph 8(c) of Schedule A1. (5) In subsection (4)(b), “final notice” has the meaning given by paragraph 6 of Schedule A1. (6) The amount of the penalty is to be determined by the authority but must not be more than £7,000. (7) A penalty under this section may relate to— (a) more than one category 1 hazard on the same premises, (b) more than one failure to meet type 1 requirements by the same premises, or (c) any combination of such hazards or failures on or by the same premises. (8) The Secretary of State may by regulations amend the amount specified in subsection (6) to reflect changes in the value of money. (9) Schedule A1 makes provision about— (a) the procedure for imposing a financial penalty under this section, (b) appeals against financial penalties under this section, (c) enforcement of financial penalties under this section, and (d) how local housing authorities are to deal with the proceeds of financial penalties under this section.

7
  • (1) Section 7 (powers to take enforcement action) is amended as follows.
  • (2) In subsection (1), for “that a category 2 hazard exists on residential premises” substitute

that— (a) a category 2 hazard exists on residential premises, or (b) qualifying residential premises fail to meet a type 2 requirement.

.

  • (3) In subsection (2)(c), for “a hazard” substitute “an”.
  • (4) In subsection (3)—
  • (a) after “hazard” (in the first place) insert “or failure to meet a type 2 requirement”, and
  • (b) after “hazard” (in the second place) insert “or failure”.
  • (5) In the heading, after “hazards” insert “and type 2 requirements”.
8

In section 8 (reasons for decision to take enforcement action), in subsection (5)(a), omit “hazard”.

9
  • (1) Section 9 (guidance about inspections and enforcement action) is amended as follows.
  • (2) In subsection (1)(b), omit “hazard”.
  • (3) After that subsection insert—

(1A) The Secretary of State may give guidance to local housing authorities in England about exercising their functions under this Chapter in relation to— (a) assessing whether qualifying residential premises meet the requirements specified by regulations under section 2A, or (b) financial penalties.

10

In the heading of Chapter 2 of Part 1 (improvement notices, prohibition orders and hazard awareness notices), omit “hazard”.

11
  • (1) Section 11 (improvement notices relating to category 1 hazards: duty of authority to serve notice) is amended as follows.
  • (2) For subsection (1) substitute—

(1) If— (a) the local housing authority are satisfied that— (i) a category 1 hazard exists on any residential premises, or (ii) any qualifying residential premises fail to meet a type 1 requirement, and (b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4, serving an improvement notice under this section in respect of the hazard or failure is a course of action available to the authority in relation to the hazard or failure for the purposes of section 5 (category 1 hazards and type 1 requirements: general duty to take enforcement action).

  • (3) In subsection (2), after “hazard” insert “or failure”.
  • (4) In subsection (3)(a), after “exists” insert “, or which fail to meet the requirement,”.
  • (5) In subsection (4)—
  • (a) after “exists,” insert “or which fail to meet the requirement,”, and
  • (b) in paragraph (a), after “hazard” insert “or failure”.
  • (6) In subsection (5)(a), for the words from “that” to “but” substitute

that— (i) if the notice relates to a hazard, the hazard ceases to be a category 1 hazard; (ii) if the notice relates to a failure by premises to meet a type 1 requirement, the premises meet the requirement; but

.

  • (7) In subsection (6), for the words from “to” to the end substitute

to— (a) more than one category 1 hazard on the same premises or in the same building containing one or more flats, (b) more than one failure to meet type 1 requirements by the same premises or the same building containing one or more flats, or (c) any combination of such hazards and failures— (i) on or by the same premises, or (ii) in or by the same building containing one or more flats.

  • (8) In subsection (8)—
  • (a) after “hazard” (in the first place) insert “or failure”, and
  • (b) after “hazard” (in the second place) insert “or secure that the premises meet the requirement”.
  • (9) In the heading, after “hazards” insert “and type 1 requirements”.
12
  • (1) Section 12 (improvement notices relating to category 2 hazards: power of authority to serve notice) is amended as follows.
  • (2) For subsection (1) substitute—

(1) If— (a) the local housing authority are satisfied that— (i) a category 2 hazard exists on any residential premises, or (ii) any qualifying residential premises fail to meet a type 2 requirement, and (b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4, the authority may serve an improvement notice under this section in respect of the hazard or failure.

  • (3) In subsection (2), after “hazard” insert “or failure”.
  • (4) In subsection (4), for the words from “to” to the end substitute

to— (a) more than one category 2 hazard on the same premises or in the same building containing one or more flats, (b) more than one failure to meet type 2 requirements by the same premises or the same building containing one or more flats, or (c) any combination of such hazards and failures— (i) on or by the same premises, or (ii) in or by the same building containing one or more flats.

  • (5) In the heading, after “hazards” insert “and type 2 requirements”.
13
  • (1) Section 13 (contents of improvement notices) is amended as follows.
  • (2) In subsection (2)—
  • (a) after “hazard” (in each place) insert “or failure”,
  • (b) after “hazards” insert “or failures”, and
  • (c) in paragraph (b), after “exists” insert “or to which it relates”.
  • (3) In subsection (5), after “hazard” insert “or failure”.
14

In section 16(3) (revocation and variation of improvement notices)—

  • (a) after “hazards” (in the first place) insert “or failures (or a combination of hazards and failures)”, and
  • (b) in paragraph (a), after “hazards” insert “or failures”.
15
  • (1) Section 19 (change in person liable to comply with improvement notice) is amended as follows.
  • (2) For subsection (2) substitute—

(2) In subsection (1), the reference to a person ceasing to be a “person of the relevant category”— (a) in the case of an improvement notice served on a landlord or superior landlord under paragraph A1(3) of Schedule 1, is a reference to the person ceasing to hold the estate in the premises by virtue of which the person was the landlord or superior landlord, and (b) in any other case, is a reference to the person ceasing to fall within the description of person (such as, for example, the holder of a licence under Part 2 or 3 or the person managing a dwelling) by reference to which the notice was served on the person.

  • (3) In subsection (7), for “or (9)” substitute “, (9) or (10)”.
  • (4) After subsection (9) insert—

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