Renters’ Rights Act 2025

(10) If— (a) the original recipient was served as a landlord or superior landlord under paragraph A1(3) of Schedule 1, and (b) the original recipient ceases as from the changeover date to be a person of the relevant category as a result of ceasing to hold the estate in the premises by virtue of which the person was the landlord or superior landlord, the new holder of the estate or, if the estate has ceased to exist, the reversioner, is the “liable person”.

16

• (1) In section 20 (prohibition orders relating to category 1 hazards: duty of authority to make order) 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, making a prohibition order 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 (3)—

• (a) in paragraph (a), after “exists” insert “, or which fail to meet the requirement,”, and

• (b) for paragraph (b) substitute—

(b) if those premises are— (i) one or more flats, or (ii) accommodation falling within paragraph (e) of the definition of “residential premises” in section 1(4) (homelessness) that is not a dwelling, HMO or flat, it may prohibit the use of the building containing the flat or flats or accommodation (or any part of the building) or any external common parts;

.

• (4) In subsection (4)—

• (a) after “exists,” insert “or which fail to meet the requirement,”, and

• (b) in paragraph (a), after “hazard” insert “or failure”.

• (5) In subsection (5), 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.

• (6) In the heading, after “hazards” insert “and type 1 requirements”.

17

• (1) Section 21 (prohibition orders relating to category 2 hazards: power of authority to make order) 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 make a prohibition order under this section in respect of the hazard or failure.

• (3) 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.

• (4) In the heading, after “hazards” insert “and type 2 requirements”.

18

• (1) Section 22 (contents of prohibition orders) 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 (3)(b), after “hazards” insert “, or failure or failures,”.

19

• (1) Section 25 (revocation and variation of prohibition orders) is amended as follows.

• (2) In subsection (1), for the words from “that” to the end substitute

that— (a) in the case of an order made in respect of a hazard, the hazard does not then exist on the residential premises specified in the order in accordance with section 22(2)(b), and (b) in the case of an order made in respect of a failure by premises so specified to meet a requirement specified by regulations under section 2A, the premises then meet the requirement.

• (3) In subsection (3)—

• (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”.

20

In the italic heading before section 28, omit “Hazard”.

21

• (1) Section 28 (hazard awareness notices relating to category 1 hazards: duty of authority to serve notice) is amended as follows.

• (2) For subsections (1) and (2) 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 awareness 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). (2) An awareness notice under this section is a notice advising the person on whom it is served of— (a) the existence of a category 1 hazard on, or (b) a failure to meet a type 1 requirement by, the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.

• (3) In subsection (3)(a), after “exists” insert “, or which fail to meet the requirement,”.

• (4) In subsection (4)—

• (a) after “exists,” insert “or which fail to meet the requirement,”, and

• (b) in paragraph (a), after “hazard” insert “or failure”.

• (5) In subsection (5), 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.

• (6) In subsection (6)—

• (a) after “hazard” (in each place) insert “or failure”,

• (b) after “hazards” insert “or failures”, and

• (c) in paragraph (a), after “exists” insert “or to which it relates”.

• (7) In subsection (8), for “a hazard” substitute “an”.

• (8) At the end insert—

(9) A notice under this section in respect of residential premises in Wales is to be known as a “hazard awareness notice”.

• (9) In the heading—

• (a) omit “Hazard”, and

• (b) after “category 1 hazards” insert “and type 1 requirements”.

22

• (1) Section 29 (hazard awareness notices relating to category 2 hazards: power of authority to serve notice) is amended as follows.

• (2) For subsections (1) and (2) 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 awareness notice under this section in respect of the hazard or failure. (2) An awareness notice under this section is a notice advising the person on whom it is served of— (a) the existence of a category 2 hazard on, or (b) a failure to meet a type 2 requirement by, the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.

• (3) In subsection (3), for “a hazard” substitute “an”.

• (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 subsection (5)—

• (a) after “hazard” (in each place) insert “or failure”,

• (b) after “hazards” insert “or failures”, and

• (c) in paragraph (a), after “exists” insert “or to which it relates”.

• (6) In subsection (8), for “a hazard” substitute “an”.

• (7) At the end insert—

(9) A notice under this section in respect of residential premises in Wales is to be known as a “hazard awareness notice”.

• (8) In the heading—

• (a) omit “Hazard”, and

• (b) after “category 2 hazards” insert “and type 2 requirements”.

23

• (1) Section 30 (offence of failing to comply with improvement notice) is amended as follows.

• (2) In subsection (2), after “hazard” insert “or failure”.

• (3) In subsection (3), omit “not exceeding level 5 on the standard scale”.

• (4) In subsection (5), after “hazard” insert “or failure”.

24

In section 32 (offence of failing to comply with prohibition order etc), in subsection (2)(a), omit “not exceeding level 5 on the standard scale”.

25

In section 35 (power of court to order occupier or owner to allow action to be taken on premises), for the definition of “relevant person” in subsection (8) substitute—

• “relevant person”, in relation to any premises, means— a person who is an owner of the premises; a person having control of or managing the premises; the holder of any licence under Part 2 or 3 in respect of the premises; in the case of qualifying residential premises which are let under a relevant tenancy, the landlord under the tenancy and any person who is a superior landlord in relation to the tenancy.

26

• (1) Section 40 (emergency remedial action) 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) they are further satisfied that the hazard or failure involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and (c) no management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a)(i) or (ii), the taking by the authority of emergency remedial action 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 (4), for the words from “of” to the end substitute

of— (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.

27

In section 41 (notice of emergency remedial action), in subsection (2)—

• (a) after “hazard” (in each place) insert “or failure”,

• (b) after “hazards” insert “or failures”, and

• (c) in paragraph (a), after “exists” insert “or to which it relates”.

28

In section 43 (emergency prohibition orders), 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) they are further satisfied that the hazard or failure involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and (c) no management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a)(i) or (ii), making an emergency prohibition order 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).

29

In section 44 (contents of emergency prohibition orders), in subsection (2)—

• (a) after “hazard” (in each place) insert “or failure”,

• (b) after “hazards” insert “or failures”, and

• (c) in paragraph (a), after “exists” insert “or to which it relates”.

30

In section 49 (power to charge for certain enforcement action)—

• (a) in subsection (1)(c), for “a hazard” substitute “an”, and

• (b) in subsection (2), for “a hazard” substitute “an”.

31

In section 50 (recovery of charge under section 49), in subsection (2)(b), for “a hazard” substitute “an”.

32

In section 54 (index of defined expressions: Part 1)—

• (a) at the appropriate places insert—

Qualifying residential premises	Section 2B(1)

;

Relevant tenancy	Section 2B(2)

;

Social housing	Section 2B(2)

;

Supported exempt accommodation	Section 2B(2)

;

Type 1 requirement	Section 2A(3)(a)

;

Type 2 requirement	Section 2A(3)(b)

, and

• (b) in the entry for “Hazard awareness notice”, in the first column, omit “Hazard” (and, accordingly, move the entry to the appropriate place).

33

• (1) Section 250 (orders and regulations) is amended as follows.

• (2) After subsection (2) insert—

(2A) The power under subsection (2)(b) includes power— (a) to provide for regulations under sections 2A and 2B(3) to apply (with or without modifications) in relation to tenancies or licences entered into before the date on which the regulations come into force; (b) for regulations under section 2B(3)(b) to provide for Part 1 to apply in relation to licences with such modifications as may be specified in the regulations.

• (3) In subsection (6), before paragraph (a) insert—

(za) regulations under sections2A and 2B(3),

.

34

Before Schedule 1 insert—

Schedule A1 (1) Before imposing a financial penalty on a person under section 6A a local housing authority must give the person notice of the authority’s proposal to do so (a “notice of intent”). (2) The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has evidence sufficient to require it to take the appropriate enforcement action under section 5(1) in relation to— (a) the existence of the category 1 hazard, or (b) the failure to meet the type 1 requirement. (3) The notice of intent must set out— (a) the date on which the notice of intent is given, (b) the amount of the proposed financial penalty, (c) the reasons for proposing to impose the penalty, (d) information about the right to make representations under paragraph 4. (4) (1) A person who is given a notice of intent may make written representations to the authority about the proposal to impose a financial penalty. (2) Any representations must be made within the period of 28 days beginning with the day after the day on which the notice of intent was given (“the period for representations”). (5) After the end of the period for representations the local housing authority must— (a) decide whether to impose a financial penalty on the person, and (b) if it decides to do so, decide the amount of the penalty. (6) If the local housing authority decides to impose a financial penalty on the person, it must give a notice to the person (a “final notice”) imposing that penalty. (7) The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given. (8) The final notice must set out— (a) the date on which the final notice is given, (b) the amount of the financial penalty, (c) the premises— (i) on which the authority considers a category 1 hazard exists; (ii) which the authority considers fail to meet a type 1 requirement, (d) the reasons for imposing the penalty, (e) information about how to the pay the penalty, (f) the period for payment of the penalty, (g) information about rights of appeal, and (h) the consequences of failure to comply with the notice. (9) (1) A local housing authority may at any time— (a) withdraw a notice of intent or final notice, or (b) reduce an amount specified in a notice of intent or final notice. (2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given. (10) (1) A person to whom a final notice is given may appeal to the First-tier Tribunal against— (a) the decision to impose the penalty, or (b) the amount of the penalty. (2) An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice is given to the person. (3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned. (4) An appeal under this paragraph— (a) is to be a re-hearing of the authority’s decision, but (b) may be determined having regard to matters of which the authority was unaware. (5) On an appeal under this paragraph the First-tier Tribunal may quash, confirm or vary the final notice. (6) The final notice may not be varied under sub-paragraph (5) so as to impose a financial penalty of more than the local housing authority could have imposed. (11) (1) This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay. (2) The local housing authority which imposed the financial penalty may recover the penalty, or part of it, on the order of the county court as if it were payable under an order of that court. (3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is— (a) signed by the chief finance officer of the authority which imposed the financial penalty, and (b) states that the amount due has not been received by a date specified in the certificate, is conclusive evidence of that fact. (4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. (5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989. (12) Where a local housing authority imposes a financial penalty under section 6A, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under Part 1 of this Act, the Renters’ Rights Act 2025 or otherwise in relation to the private rented sector. (13) Any proceeds of a financial penalty imposed under section 6A which are not applied in accordance with paragraph 12 must be paid to the Secretary of State. (14) (1) In paragraph 12, the reference to enforcement functions “in relation to the private rented sector” means enforcement functions relating to— (a) residential premises in England that are let, or intended to be let, under a tenancy, (b) the common parts of such premises, (c) the activities of a landlord under a tenancy of residential premises in England, (d) the activities of a superior landlord in relation to such a tenancy, (e) the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises, or (f) the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises. (2) For the purposes of this paragraph “residential premises” does not include social housing. (3) For the purposes of this paragraph “tenancy” includes a licence to occupy.

35

• (1) Schedule 1 (procedure and appeals relating to improvement notices) is amended as follows.

• (2) Before paragraph 1 insert—

(A1) (1) This paragraph applies instead of paragraphs 1 to 3 where— (a) the specified premises are qualifying residential premises other than— (i) homelessness accommodation (see paragraph B1), or (ii) common parts (see paragraph 4), and (b) an improvement notice relates to a failure by the premises to meet a requirement specified by regulations under section 2A(whether or not the notice also relates to a category 1 or 2 hazard). (2) Sub-paragraph (3) applies in relation to the premises if they are— (a) a dwelling or HMO let under a relevant tenancy, (b) an HMO where at least one unit of accommodation which forms part of the HMO is let under a relevant tenancy, or (c) a building or a part of a building constructed or adapted for use as a house in multiple occupation if— (i) it is for the time being only occupied by persons who form a single household, and (ii) the accommodation which those persons occupy is let under a relevant tenancy. (3) The notice must be served on the landlord under the tenancy unless— (a) the tenancy is a sub-tenancy, in which case the notice may instead be served on a superior landlord in relation to the tenancy if, in the opinion of the local housing authority, the superior landlord ought to take the action specified in the notice; (b) the premises are a dwelling which is licensed under Part 3 of this Act, or an HMO which is licensed under Part 2 or 3 of this Act, in which case the notice may instead be served on the holder of the licence if, in the opinion of the local housing authority, the holder ought to take the action specified in the notice. (4) Where sub-paragraph(3) does not apply in relation to the premises and the premises are supported exempt accommodation, the notice must be served on the authority or body which provides the accommodation. (5) In this paragraph— - “common parts” means common parts that are qualifying residential premises by virtue of section 2B(1)(d); - “homelessness accommodation” means accommodation in England— the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4). (B1) (1) This paragraph applies where the specified premises in the case of an improvement notice are homelessness accommodation (which has the same meaning here as in paragraph A1). (2) The notice must be served on any person— (a) who has an estate or interest in the premises, and (b) who, in the opinion of the local housing authority, ought to take the action specified in the notice. (3) This paragraph applies instead of paragraph 1, 2 or 3 (in a case where that paragraph would otherwise apply to the improvement notice).

• (3) In paragraph 5(1), for “1 to” substitute “A1 to”.

• (4) In paragraph 12—

• (a) in sub-paragraph (1), after “hazard” insert “or failure”, and

• (b) in sub-paragraph (2)(b), for “a hazard” substitute “an”.

• (5) In paragraph 17, after “hazard” (in each place) insert “or failure”.

36

• (1) Schedule 2 (procedure and appeals relating to prohibition orders) is amended as follows.

• (2) In paragraph 1—

• (a) after sub-paragraph (2) insert—

(2A) Where the specified premises are qualifying residential premises which— (a) are a dwelling or HMO let under a relevant tenancy, (b) are an HMO where at least one unit of accommodation which forms part of the HMO is let on a relevant tenancy, or (c) are a building or a part of a building constructed or adapted for use as a house in multiple occupation— (i) that is for the time being only occupied by persons who form a single household, and (ii) where the accommodation which those persons occupy is let under a relevant tenancy, the authority must also serve copies of the order on any other person who, to their knowledge, is the landlord under the tenancy or a superior landlord in relation to the tenancy. (2B) Where— (a) sub-paragraph (2A) does not apply in relation to the specified premises, (b) the specified premises consist of or include the whole or any part of a building containing homelessness accommodation, and (c) the person providing the homelessness accommodation— (i) is a tenant of that accommodation under a tenancy which has an unexpired term of 3 years or less (the “short tenancy”), and (ii) accordingly is not an owner in relation to the homelessness accommodation (see section 262(7)(b)), the authority must also serve copies of the order on any person who, to their knowledge, is a tenant under the short tenancy, a landlord under the short tenancy, or a superior landlord in relation to the short tenancy, and who is not otherwise required to be served with a copy of the notice under this paragraph. (2C) In sub-paragraph (2B) “homelessness accommodation” means accommodation in England— (a) the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and (b) which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4).

, and

• (b) in sub-paragraph (3), for “sub-paragraph (2)” substitute “this paragraph”.

• (3) In paragraph 2—

• (a) for sub-paragraph (1) substitute—

(1) This paragraph applies to a prohibition order where the specified premises consist of or include— (a) the whole or any part of a building containing— (i) one or more flats, or (ii) accommodation falling within paragraph (e) of the definition of “residential premises” in section 1(4) (homelessness) that is not a dwelling, HMO or flat, or (b) any common parts of such a building.

• (b) after sub-paragraph (2) insert—

(2A) Where the specified premises consist of or include qualifying residential premises which— (a) are a dwelling or HMO let under a relevant tenancy, (b) are an HMO where at least one unit of accommodation which forms part of the HMO is let on a relevant tenancy, or (c) are a building or a part of a building constructed or adapted for use as a house in multiple occupation— (i) that is for the time being only occupied by persons who form a single household, and (ii) where the accommodation which those persons occupy is let under a relevant tenancy, the authority must also serve copies of the order on any other person who, to their knowledge, is the landlord under the tenancy or a superior landlord in relation to the tenancy. (2B) Where— (a) sub-paragraph (2A) does not apply in relation to the specified premises, (b) the specified premises consist of or include the whole or any part of a building containing homelessness accommodation, and (c) the person providing the homelessness accommodation— (i) is a tenant of that accommodation under a tenancy which has an unexpired term of 3 years or less (the “short tenancy”), and (ii) accordingly is not an owner in relation to the homelessness accommodation (see section 262(7)(b)), the authority must also serve copies of the order on any person who, to their knowledge, is a tenant under the short tenancy, a landlord under the short tenancy, or a superior landlord in relation to the short tenancy, and who is not otherwise required to be served with a copy of the notice under this paragraph. (2C) In sub-paragraph (2B) “homelessness accommodation” means accommodation in England— (a) the availability of which is secured under Part 7 of the Housing Act 1996 (homelessness), and (b) which is residential premises, whether by virtue of paragraph (e) or another paragraph of section 1(4).

,

• (c) in sub-paragraph (3), after “(2)” insert “, (2A) or (2B)”, and

• (d) in sub-paragraph (4), for “sub-paragraph (2) or (3)” substitute “this paragraph”.

• (4) In paragraph 8—

• (a) in sub-paragraph (1), after “hazard” insert “or failure”, and

• (b) in sub-paragraph (2)(b), for “a hazard” substitute “an”.

• (5) In paragraph 12, after “hazard” (in each place) insert “or failure”.

• (6) In paragraph 16(1)—

• (a) omit the “or” at the end of paragraph (b), and

• (b) at the end of paragraph (c) insert

, or (d) in the case of qualifying residential premises which— (i) are a dwelling or HMO let under a relevant tenancy, (ii) are an HMO where at least one unit of accommodation which forms part of the HMO is let on a relevant tenancy, or (iii) are a building or a part of a building constructed or adapted for use as a house in multiple occupation that is for the time being only occupied by persons who form a single household and where the accommodation which those persons occupy is let under a relevant tenancy, any person on whom copies of the prohibition order are required to be served by paragraph 1(2A) or 2(2A).

37

• (1) Schedule 3 (improvement notices: enforcement action by local housing authorities) is amended as follows.

• (2) In paragraph 3, after “hazard” (in each place) insert “or failure”.

• (3) In paragraph 4, after “hazard” (in both places) insert “or failure”.

Part 2 — Amendments of other Acts

Land Compensation Act 1973

38

• (1) Section 33D of the Land Compensation Act 1973 (loss payments: exclusions) is amended as follows.

• (2) In subsection (4)—

• (a) in paragraph (b), after “hazard” insert “or type 1 requirement”, and

• (b) in paragraph (c), after “hazard” insert “or type 2 requirement”.

• (3) In subsection (5)—

• (a) in paragraph (a), after “hazard” insert “or type 1 requirement”, and

• (b) in paragraph (b), after “hazard” insert “or type 2 requirement”.

Housing Act 1985

39

In section 269A of the Housing Act 1985 (appeals suggesting certain other courses of action), in subsection (2)(c), for “a hazard” substitute “an”.

Housing and Regeneration Act 2008

40

In section 126B of the Housing and Regeneration Act 2008 (functions of health and safety lead), in subsection (3)(b)(ii), after “hazards” insert “and type 1 and 2 requirements”.

Housing and Planning Act 2016

41

In section 40(4) of the Housing and Planning Act 2016 (offences under sections 30(1) and 32(1) of the Housing Act 2004), after “on” insert “, or a failure to meet a requirement by,”.

Tenant Fees Act 2019

42

In Schedule 3 to the Tenant Fees Act 2019 (financial penalties), in paragraph 12(1), after paragraph (c) insert—

(ca) the activities of a superior landlord in relation to such a tenancy,

.

Schedule 5

Notice of intent

1

Before imposing a financial penalty on a person under section 40, 57, 66 or 91, a local housing authority must give the person notice of its proposal to do so (a “notice of intent”).

2

• (1) The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates.

• (2) But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—

• (a) at any time when the conduct is continuing, or

• (b) within the period of 6 months beginning with the last day on which the conduct occurs.

3

The notice of intent must set out—

• (a) the date on which the notice of intent is given,

• (b) the amount of the proposed financial penalty,

• (c) the reasons for proposing to impose the penalty, and

• (d) information about the right to make representations under paragraph 4.

Right to make representations

4

• (1) A person who is given a notice of intent may make written representations to the authority about the proposal to impose a financial penalty.

• (2) Any representations must be made within the period of 28 days beginning with the day after the day on which the notice of intent was given to the person (“the period for representations”).

Final notice

5

After the end of the period for representations the enforcement authority must—

• (a) decide whether to impose a financial penalty on the person, and

• (b) if it decides to do so, decide the amount of the penalty.

6

If the local housing authority decides to impose a financial penalty on the person, it must give a notice to the person (a “final notice”) imposing that penalty.

7

The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.

8

The final notice must set out—

• (a) the date on which the final notice is given,

• (b) the amount of the financial penalty,

• (c) the reasons for imposing the penalty,

• (d) information about how to pay the penalty,

• (e) the period for payment of the penalty,

• (f) information about rights of appeal, and

• (g) the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

9

• (1) A local housing authority may at any time—

• (a) withdraw a notice of intent or final notice, or

• (b) reduce an amount specified in a notice of intent or final notice.

• (2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.

Appeals

10

• (1) A person to whom a final notice is given may appeal to the First-tier Tribunal against—

• (a) the decision to impose the penalty, or

• (b) the amount of the penalty.

• (2) An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice is given to the person.

• (3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.

• (4) An appeal under this paragraph—

• (a) is to be a re-hearing of the authority’s decision, but

• (b) may be determined having regard to matters of which the authority was unaware.

• (5) On an appeal under this paragraph the First-tier Tribunal may quash, confirm or vary the final notice.

• (6) The final notice may not be varied under sub-paragraph (5) so as to impose a financial penalty of more than the local housing authority could have imposed.

Recovery of financial penalty

11

• (1) This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.

• (2) The local housing authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court.

• (3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—

• (a) signed by the chief finance officer of the authority which imposed the penalty, and

• (b) states that the amount due has not been received by a date specified in the certificate,

is conclusive evidence of that fact.

• (4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

• (5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.

Proceeds of financial penalties

12

Where a local housing authority imposes a financial penalty under section 40, 57, 66 or 91, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under this Act or otherwise in relation to the private rented sector.

13

Any proceeds of a financial penalty imposed under section 40, 57, 66 or 91 which are not applied in accordance with paragraph 12 must be paid to the Secretary of State.

14

• (1) In paragraph 12, enforcement functions “in relation to the private rented sector” means enforcement functions relating to—

• (a) residential premises in England that are let, or intended to be let, under a tenancy,

• (b) the common parts of such premises,

• (c) the activities of a landlord under a tenancy of residential premises in England,

• (d) the activities of a superior landlord in relation to such a tenancy,

• (e) the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises, or

• (f) the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises.

• (2) For the purposes of this paragraph “residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.

• (3) For the purposes of this paragraph, “tenancy” includes a licence to occupy.

Schedule 6

Part 1 — Application of Chapter 1 of Part 1 to existing tenancies

Tenancies which become periodic on the commencement date

1

• (1) This paragraph applies to an existing tenancy which becomes a periodic tenancy on the expiry of a fixed term.

• (2) Where the fixed term expires immediately before the commencement date, the amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until immediately after the first periodic term has begun.

Section 1: start of deemed rent period for existing tenancies

2

In relation to an existing tenancy, section 4A of the 1988 Act (inserted by section 1) is to be read as if—

• (a) in subsection (3), for the words before paragraph (a), there were substituted “Terms of an assured tenancy which provide for the rent periods are of no effect, so far as relating to rent periods beginning on or after the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025), unless each rent period beginning on or after that date is—”;

• (b) in subsection (5), for paragraph (a) (and the “and” following it) there were substituted—

(a) for successive rent periods of one month beginning— (i) if the commencement date is a date on which a rent period would, but for subsection (3), have begun, with the commencement date, or (ii) otherwise, with the day after the last day of the rent period within which the commencement date falls, and

;

• (c) in subsection (6), for “R is the rent that would have been due for the first rent period of the tenancy under the terms that are of no effect by virtue of subsection (3)” there were substituted “R is the rent due for the rent period before the first rent period provided for by subsection (5)(a)”.

Section 2: claim form for section 21 possession proceedings already requested

3

• (1) This paragraph applies where—

• (a) before the commencement date—

• (i) a valid notice under section 21 of the 1988 Act has been given, and

• (ii) the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and

• (b) immediately before the commencement date, possession proceedings have not begun or have not been concluded.

• (2) The notice under section 21 remains valid until possession proceedings are concluded.

• (3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

• (4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—

• “commencement date” means the date on which, by virtue of paragraph 3 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;

.

• (5) In this paragraph “possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.

Section 2: claim form for section 21 possession proceedings not already requested

4

• (1) This paragraph applies where, before the commencement date—

• (a) a valid notice under section 21 of the 1988 Act has been given, and

• (b) the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.

• (2) Section 21 of the 1988 Act has effect as if the following were substituted for subsections (4D) and (4E)—

(4D) Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun if the claimant in the proceedings requests the court to issue the claim for the proceedings after the end of the applicable period. (4DA) For that purpose the “applicable period” is— (a) the period of six months beginning with the date on which the notice was given under subsection (1) or (4), or (b) the period of three months beginning with the commencement date, if this three month period ends before the six month period mentioned in paragraph (a). (4E) Where— (a) a notice under subsection (4) has been given in relation to a dwelling-house in England, and (b) paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given, proceedings for an order for possession under this section may not be begun if the claimant in the proceedings requests the court to issue the claim for the proceedings after the end of the applicable period. (4EA) For that purpose the “applicable period” is— (a) the period of four months beginning with the date specified in the notice, or (b) the period of three months beginning with the commencement date, if this three month period ends before the four month period mentioned in paragraph (a). (4EB) In subsections (4DA) and (4EA) “commencement date” has the meaning given by section 146 of the Renters’ Rights Act 2025.

• (3) The notice under section 21 remains valid—

• (a) until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;

• (b) until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.

• (4) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (3) (and accordingly the tenancy remains an assured shorthold tenancy until then).

• (5) In relation to a tenancy to which sub-paragraph (4) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—

• “commencement date” means the date on which, by virtue of paragraph 4 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;

.

• (6) In this paragraph—

• “applicable period”, in relation to possession proceedings, has the same meaning that it has in relation to those proceedings in section 21 of the 1988 Act as modified by sub-paragraph (2);

• “possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.

Section 3(2)(g): saving of section 7(7) in relation to tenancies where fixed term ends before commencement date

5

Section 7(7) of the 1988 Act continues to apply after the commencement date, despite section 3(2)(g), in relation to an existing tenancy that was a fixed term tenancy before the commencement date.

Section 6: no effect on rent increases before commencement date

6

The amendments made by section 6 do not affect the validity of any increase in rent under an existing tenancy, before the commencement date, in reliance on a provision—

• (a) which was at the time binding on the tenant, and

• (b) under which the rent for a particular period of the tenancy would or might be greater than the rent for an earlier period.

Sections 12, 13 and 15: provision of information in writing

7

• (1) Where an existing tenancy is wholly or partly in writing—

• (a) section 16D and 16E(1)(f) of the 1988 Act (inserted by sections 12 and 13) do not apply;

• (b) section 16I(1) of that Act (inserted by section 15) is to be read as if for “contravened section 16D” there were substituted “contravened paragraph 7(2) of Schedule 6 to the Renters’ Rights Act 2025”.

• (2) The landlord under any existing tenancy that is wholly or partly in writing—

• (a) must give the tenant any information in writing about the changes made by this Act which is required to be given by regulations made by the Secretary of State; and

• (b) must do so before the end of the period of one month beginning with the commencement date.

• (3) Where a landlord referred to in sub-paragraph (2) has entered into a contract with a person which requires that person to ensure compliance with that sub-paragraph (whether or not it is referred to individually), sub-paragraph (2) also applies to that person, as it applies to the landlord.

• (4) Regulations under sub-paragraph (2) may—

• (a) provide for the information to be given in the form of a document produced by the Secretary of State;

• (b) provide that the document to be given is the version that has effect at the time the requirement applies.

• (5) Where an existing tenancy is wholly oral, section 16D(4) of the 1988 Act (inserted by section 12) is to be read as if, for “before the tenancy is entered into” there were substituted “before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.

• (6) Regulations under sub-paragraph (2)—

• (a) may make different provision for different purposes;

• (b) are to be made by statutory instrument.

• (7) A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 15: no liability in respect of conduct before commencement date

8

Conduct engaged in, in relation to an existing tenancy, before the commencement date—

• (a) does not give rise to liability to a financial penalty under section 16I or 16K of the 1988 Act (inserted by section 13), and

• (b) does not constitute an offence under section 16J (as so inserted).

Section 20: no effect on notice to quit given before commencement date

9

The amendment made by section 20 does not affect the validity of any notice given under section 5 of the Protection from Eviction Act 1977 in relation to an existing tenancy before the commencement date.

Section 24: existing opt-out notices for assured agricultural occupancies

10

Where an existing tenancy would be an assured agricultural occupancy but for a notice served under paragraph 9(2) of Schedule 2A to the 1988 Act, the tenancy is to be treated for the purposes of Chapter 3 of Part 1 of the 1988 Act as amended by this Act, on and after the commencement date, as a tenancy in relation to which an opt-out notice has been served under section 24A of the 1988 Act (inserted by section 24 of this Act).

Section 26: tenancy deposits

11

The amendments made by section 26 do not apply in relation to an existing tenancy that, immediately before the commencement date, was an assured tenancy other than an assured shorthold tenancy.

Section 27: tenant fees

12

The amendments made by section 27 do not apply in relation to an existing tenancy that, immediately before the commencement date, was an assured tenancy other than an assured shorthold tenancy.

Schedule 1: student accommodation ground

13

• (1) In relation to an existing tenancy, ground 4A in Schedule 2 to the 1988 Act has effect as if—

• (a) in the first paragraph, the following were substituted for paragraphs (b) and (c)—

(b) either or both of the following applies— (i) the tenant met the student test when the tenancy was entered into; (ii) the tenant meets the student test when the written statement referred to in paragraph (c) is given, (c) the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025), a written statement of the landlord’s wish to be able to recover possession on the basis that— (i) the condition in paragraph (b) is met, and (ii) 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,

;

• (b) paragraph (d) were omitted;

• (c) the following were substituted for the second and third paragraphs—

• For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets, or met, the student test at a particular time if— the tenant is, or was, a full-time student at that time, or at that time, the landlord reasonably believes, or believed, 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, or were, the tenant, the tenant does not, or did not, meet the student test unless all of those persons meet, or met, that test.

• (2) In relation to an existing tenancy which is a qualifying student tenancy, ground 4A in Schedule 2 to the 1988 Act has effect—

• (a) subject to the modifications in sub-paragraph (1) of this paragraph, and

• (b) additionally as if, in the first paragraph of ground 4A, paragraphs (a) and (e) were omitted.

• (3) For the purposes of this paragraph, an existing tenancy is a “qualifying student tenancy” if any of the following is a member of a specified housing management code of practice—

• (a) the landlord;

• (b) a person appointed to act on the landlord’s behalf in respect of the tenancy;

• (c) a person appointed to discharge management functions in respect of the building which comprises the dwelling-house or in which the dwelling-house is situated.

• (4) In sub-paragraph (3)—

• “housing management code of practice” means a code of practice approved by the Secretary of State under section 233 of the Housing Act 2004 (codes relating to the management of HMOs or excepted accommodation);

• “management functions” in respect of a building includes functions relating to— the provision of services, or the repair, maintenance, improvement or insurance of the building;

• “specified” means specified in regulations made by the Secretary of State.

Schedule 1: stepping stone accommodation ground

14

In relation to an existing tenancy, paragraph (b) in Ground 5H in Schedule 2 to the 1988 Act is to be read as if after “agreement” there were inserted “or a written statement given to the tenant before the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.

Schedule 1: redevelopment ground

15

In relation to an existing tenancy, paragraph (c) in case C where the “additional RSL condition” is met in Ground 6 in Schedule 2 to the 1988 Act is to be read as if for “before the tenancy was entered into” there were substituted “before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.

Claim form for section 8 possession proceedings already requested

16

• (1) This paragraph applies where—

• (a) before the commencement date—

• (i) a valid notice under section 8 of the 1988 Act has been given, and

• (ii) the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and

• (b) immediately before the commencement date, possession proceedings have not begun or have not been concluded.

• (2) The notice under section 8 remains valid until possession proceedings are concluded.

• (3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

• (4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—

• “commencement date” means the date on which, by virtue of paragraph 16 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;

.

• (5) In this paragraph “possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.

Claim form for section 8 possession proceedings not already requested

17

• (1) This paragraph applies where, before the commencement date—

• (a) a valid notice under section 8 of the 1988 Act has been given, and

• (b) the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.

• (2) The notice under section 8 remains valid—

• (a) until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;

• (b) until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.

• (3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

• (4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—

• “commencement date” means the date on which, by virtue of paragraph 17 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;

.

• (5) In this paragraph—

• “applicable period”, in relation to possession proceedings— the period of twelve months included in the notice under section 8 of the 1988 Act in accordance with subsection (3)(c) of that section, or the period of three months beginning with the commencement date, if this three month period ends before the twelve month period mentioned in paragraph (a);

• “possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.

Interpretation

18

In this Schedule “commencement date” and “existing tenancy” have the meanings given by section 146.

Part 2 — Existing instruments which permit or require letting etc

Key definitions

19

• (1) “Residential premises” are premises that consist of or include one or more dwelling-houses in England.

• (2) A lease of residential premises (whether or not in writing) is a “relevant pre-application instrument” if it was entered into—

• (a) before the commencement date, or

• (b) on or after that date under a contract entered into before that date.

• (3) A mortgage arrangement which relates to residential premises is a “relevant pre-application instrument” if it was entered into—

• (a) before the commencement date, or

• (b) on or after that date by the acceptance of an offer made before that date.

• (4) A contract of insurance which relates to residential premises is a “relevant pre-application instrument” if it was entered into—

• (a) before the commencement date, or

• (b) on or after that date by the acceptance of an offer made before that date.

• (5) A section 106 obligation is a “relevant pre-application instrument” if it was entered into before the commencement date.

• (6) In relation to a relevant pre-application instrument, “affected dwelling-house” means—

• (a) if the relevant pre-application instrument is a lease, the dwelling-house, or each dwelling-house, let by the lease;

• (b) if the relevant pre-application instrument is a mortgage arrangement, the dwelling-house, or each dwelling-house, to which the mortgage arrangement relates;

• (c) if the relevant pre-application instrument is a contract of insurance, the dwelling-house, or each dwelling-house, to which the contract of insurance relates;

• (d) if the relevant pre-application instrument is a section 106 obligation, the dwelling-house, or each dwelling-house, to which the section 106 obligation relates.

• (7) In relation to times before the commencement date, an assured tenancy is a “relevant” assured tenancy if—

• (a) it is not an assured shorthold tenancy,

• (b) it is a periodic tenancy, and

• (c) each period of the tenancy is—

• (i) a period of 28 days or shorter, or

• (ii) a monthly period,

including where there are different periods at different times, each of which falls within sub-paragraph (i) or (ii).

• (8) In relation to times on or after the commencement date, an assured tenancy is a “relevant” assured tenancy if—

• (a) it is a periodic tenancy, and

• (b) each period of the tenancy is—

• (i) a period of 28 days or shorter, or

• (ii) a monthly period,

including where there are different periods at different times, each of which falls within sub-paragraph (i) or (ii).

Saving for existing powers to vary

20

Nothing in this Part of this Schedule prevents a relevant pre-application instrument from being varied or modified by the parties to it (and accordingly paragraphs 21 to 26 and paragraph 28 are subject to any such variation or modification).

Relevant pre-application instruments that permit letting on tenancies that are no longer possible

21

• (1) This paragraph applies to a relevant pre-application instrument if either or both of conditions A and B are met in relation to the affected dwelling-house.

• (2) Condition A: immediately before the commencement date, the relevant pre-application instrument—

• (a) permitted the affected dwelling-house to be let under an assured shorthold tenancy, but

• (b) did not permit the affected dwelling-house to be let under a relevant assured tenancy.

• (3) Condition B: immediately before the commencement date, the relevant pre-application instrument—

• (a) permitted the affected dwelling-house to be let under an assured tenancy (other than an assured shorthold tenancy), but

• (b) did not permit the affected dwelling-house to be let under a relevant assured tenancy.

• (4) The relevant pre-application instrument has effect on and after the commencement date as if it permits the affected dwelling-house to be let under a relevant assured tenancy.

• (5) That power to let under a relevant assured tenancy is exercisable in the same circumstances, and on the same terms, as the pre-commencement power to let was exercisable immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

• (6) In this paragraph “pre-commencement power to let” means—

• (a) if only condition A is met, the power to let mentioned in sub-paragraph (2)(a);

• (b) if only condition B is met, the power to let mentioned in sub-paragraph (3)(a);

• (c) if conditions A and B are both met, the power to let mentioned in sub-paragraph (3)(a).

Relevant pre-application instruments that permit letting on tenancies that continue to be possible

22

• (1) This paragraph applies to a relevant pre-application instrument if, immediately before the commencement date, the relevant pre-application instrument permitted the affected dwelling-house to be let under a relevant assured tenancy.

• (2) That power to let under a relevant assured tenancy continues to be exercisable in the same circumstances, and on the same terms, as it was exercisable immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Relevant pre-application instruments that require letting on tenancies that are no longer possible

23

• (1) This paragraph applies to a relevant pre-application instrument if either or both of conditions A and B are met.

• (2) Condition A: immediately before the commencement date—

• (a) the relevant pre-application instrument required the affected dwelling-house to be let, and

• (b) that requirement—

• (i) would have been complied with by letting the affected dwelling-house under an assured shorthold tenancy, but

• (ii) would not have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

• (3) Condition B: immediately before the commencement date—

• (a) the relevant pre-application instrument required the affected dwelling-house to be let, and

• (b) that requirement—

• (i) would have been complied with by letting the affected dwelling-house under an assured tenancy (other than an assured shorthold tenancy), but

• (ii) would not have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

• (4) The relevant pre-application instrument has effect on and after the commencement date as if it requires the affected dwelling-house to be let under a relevant assured tenancy.

• (5) That requirement to let under a relevant assured tenancy must be complied with in the same circumstances, and on the same terms, as the pre-commencement requirement had to be complied with immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

• (6) In this paragraph “pre-commencement requirement” means—

• (a) if only condition A is met, the requirement to let mentioned in sub-paragraph (2)(b)(i);

• (b) if only condition B is met, the requirement to let mentioned in sub-paragraph (3)(b)(i);

• (c) if conditions A and B are both met, the requirement to let mentioned in sub-paragraph (3)(b)(i).

Relevant pre-application instruments that require letting on tenancies that continue to be possible

24

• (1) This paragraph applies to a relevant pre-application instrument if, immediately before the commencement date—

• (a) the relevant pre-application instrument required the affected dwelling-house to be let, and

• (b) that requirement would have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

• (2) That requirement to let under a relevant assured tenancy must still be complied with in the same circumstances, and on the same terms, as it had to be complied with immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Pre-commencement s.106 obligations with provision relating to letting on terms that are no longer possible

25

• (1) This paragraph applies to a pre-application section 106 obligation if, immediately before the commencement date, it prevented or restricted the taking of particular action unless or until the affected dwelling-house was let under a superseded tenancy.

• (2) On and after the commencement date, the pre-application section 106 obligation has effect as if it prevents or restricts the taking of the particular action unless or until the affected dwelling-house is let under a relevant assured tenancy.

• (3) Any such letting under a relevant assured tenancy is to be made in the same circumstances, and on the same terms, as a letting under a superseded tenancy immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Pre-commencement s.106 obligations with provision relating to letting on terms that continue to be possible

26

• (1) This paragraph applies to a pre-application section 106 obligation if, immediately before the commencement date—

• (a) provision of the pre-application section 106 obligation prevented or restricted the taking of particular action unless or until the affected dwelling-house was let, and

• (b) that provision would have ceased to prevent or restrict that action if the affected dwelling-house was let under a relevant assured tenancy.

• (2) Such a letting under a relevant assured tenancy must still be made in the same circumstances, and on the same terms, as a letting under a relevant assured tenancy immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Requirements under the Community Infrastructure Regulations 2010

27

• (1) This paragraph applies where—

• (a) a planning permission is granted before the commencement date on a relevant determination,

• (b) the planning permission was granted on the basis of a pre-application section 106 obligation, and

• (c) at the time the planning permission was granted, the pre-application section 106 obligation met the requirements under regulation 122(2) of the Community Infrastructure Regulations 2010.

• (2) On and after the commencement date any effect of this Part is to be disregarded when considering whether the pre-application section 106 obligation continues to meet those requirements.

• (3) In this paragraph “relevant determination” has the meaning given by regulation 122(3) of the Community Infrastructure Regulations 2010.

Leases which cannot be returned at end of term free of sub-lease

28

• (1) This paragraph applies to a lease if—

• (a) the lease was entered into before the commencement date or under a contract entered into before that date,

• (b) the lease is—

• (i) periodic, or

• (ii) a fixed term lease of a term certain not exceeding 21 years,

• (c) the lease is modified by paragraph 21 or 23,

• (d) a dwelling-house is sub-let under the lease on a tenancy (entered into before or after the commencement date) which is (or becomes on or after that date, by virtue of this Act or otherwise) a relevant assured tenancy, and