Legislation – Renters’ Rights Act 2025

“Duties of landlords etc, penalties and offences: interpretation

16MDuties of landlords etc, penalties and offences: interpretation

(1)

In sections 16D to 16L, Schedule 2ZA and this section—

“legal representative” means a person carrying on a legal activity, within the meaning of the Legal Services Act 2007, in the course of a business, where the person—

(a)

is an authorised person in relation to a reserved legal activity for the purposes of that Act, or

(b)

is of a description specified for the purposes of this section in regulations made by the Secretary of State;

“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 (in its capacity as a local authority) or the Council of the Isles of Scilly;

“purported notice of possession” means any written document which is not in accordance with section 8 but which (however expressed)—

(a)

purports to be a notice under section 8, or

(b)

purports to bring an assured tenancy to an end or to require that it is brought to an end (by reference to a ground in Schedule 2 or otherwise),

and is not a claim form or a document produced pursuant to proceedings in the court for possession of the dwelling-house;

“relevant person”, in relation to a tenancy, means—

(a)

the landlord,

(b)

a person acting on behalf of the landlord otherwise than as a legal representative, or

(c)

a person purporting to act on behalf of the landlord.

(2)

For the purposes of 16D to 16L a person relies on a ground in Schedule 2 in relation to a tenancy where the person—

(a)

serves on the tenant a notice under section 8, or a purported notice of possession, asserting that the landlord is, will or may be able to obtain an order for possession on that ground, or

(b)

having not done anything within paragraph (a) in relation to the ground, files a claim form or particulars of claim with the court, for the purpose of beginning proceedings for possession on that ground.

(3)

In section 16E “the restricted period” is to be read in accordance with subsections (4) to (7).

(4)

Subject to subsections (5) to (7) “the restricted period” means—

(a)

in relation to a relevant person relying on Ground 1 or 1A in a notice under section 8 or a purported notice of possession (see subsection (2)(a)), the period—

(i)

beginning with the date on which the notice or purported notice is served, and

(ii)

ending with the last day of the period of twelve months beginning with the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin;

(b)

in relation to a relevant person relying on Ground 1 or 1A in a claim form or particulars of claim (see subsection (2)(b)), the period of twelve months beginning with the date on which the claim form or particulars of claim are filed with the court for the purpose of bringing proceedings for possession.

(5)

Where subsection (6) applies, the reference in subsection (4)(a)(ii) to the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin is to be read as a reference to the earliest date that could have been validly so specified in a notice under section 8, served on the same date, specifying Ground 1 or 1A alone.

(6)

This subsection applies—

(a)

where (because it also specifies Ground 7A or 14) a notice under section 8 specifies, as the earliest date on which proceedings for possession will begin, an earlier date than the earliest date that could have been validly so specified in a notice under section 8 specifying Ground 1 or 1A alone;

(b)

where a purported notice of possession—

(i)

does not specify a date as the earliest date on which proceedings will begin, or

(ii)

specifies as the earliest date on which proceedings will begin a date that could not have been specified in a valid notice under section 8 served on the same date, specifying Ground 1 or 1A alone.

(7)

Where, before the end of the restricted period, the court makes an order for possession of the dwelling-house on a ground other than Ground 1 or 1A, the restricted period ends with the day on which the order is made.

(8)

Regulations under this section—

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(9)

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

“Guarantors

16NGuarantor not liable for rent payable after tenant’s death

(1)

This section applies where—

(a)

an individual (the “guarantor”) is a party to an arrangement (the “guarantee”) under which the individual guarantees payment by the tenant of rent under an assured tenancy (“guaranteed rent”), and

(b)

the guarantor became a party to the guarantee on or after the commencement date.

(2)

If—

(a)

only one person is the tenant under the assured tenancy, and

(b)

that person dies,

the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that person.

(3)

If—

(a)

two or more persons are the tenant under the assured tenancy, and

(b)

all of those persons die,

the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the deaths of those persons (if they all die on the same day) or beginning with the death of the last of those persons to die (if they do not all die on the same day).

(4)

If—

(a)

two or more persons are the tenant under the assured tenancy,

(b)

the guarantor is a family member of only one of those persons, and

(c)

that family member of the guarantor dies,

the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that family member.

(5)

If—

(a)

two or more persons are the tenant under the assured tenancy,

(b)

the guarantor is a family member of more than one of those persons, and

(c)

all of those family members of the guarantor die,

the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the deaths of those family members (if they all die on the same day) or beginning with the death of the last of those family members to die (if they do not all die on the same day).

(6)

For the purposes of this section, the guaranteed rent for the period beginning with the death of a person, or with the deaths of two or more persons, is—

(a)

guaranteed rent which—

(i)

is for the rent period during which the person dies or persons die (the “relevant rent period”), and

(ii)

is attributable to the time after the death of the person or persons, and

(b)

guaranteed rent for every rent period after the relevant rent period.

(7)

For that purpose, the guaranteed rent for the relevant rent period which is attributable to the time after the death of the person or persons is the amount calculated in accordance with this formula—

$\frac{D}{T}\times R$

where—

D is the total number of days in the relevant rent period which fall on and after the day of the death of the person or persons;

T is the total number of days in the relevant rent period;

R is the guaranteed rent for the relevant rent period.

16PSection 16N: application and interpretation

(1)

Section 16N applies to a guarantee—

(a)

whether or not it is in writing;

(b)

if it is in writing, whether or not it is in the lease;

(c)

whether or not it also guarantees the payment of any sum other than the rent.

(2)

In section 16N and this section—

“commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025;

“family member” is to be read in accordance with subsections (3) and (4);

“rent period” means a period for which rent is payable.

(3)

For the purposes of section 16N, the guarantor is a family member of the following persons—

(a)

the spouse, civil partner or co-habitee of the guarantor;

(b)

a person who is—

(i)

a child,

(ii)

a grandchild,

(iii)

a parent,

(iv)

a grandparent,

(v)

a sibling,

(vi)

a niece or nephew,

(vii)

an aunt or uncle, or

(viii)

a cousin,

of the guarantor or of the spouse, civil partner or co-habitee of the guarantor;

(c)

a person who is the spouse, civil partner or co-habitee of a person falling within paragraph (b).

(4)

If, in accordance with subsection (3), a person (F)—

(a)

is a family member of the guarantor when the guarantee is entered into, or

(b)

becomes a family member of the guarantor after the guarantee is entered into,

F is to be regarded as being a family member of the guarantor at all times afterwards (regardless of whether F continues to be so in accordance with subsection (3)).

(5)

For the purposes of this section—

(a)

one person (C) is the “co-habitee” of another person (P) if P lives with C as if they were married or in a civil partnership;

(b)

a “niece or nephew” of a person (P) is a child—

(i)

of a sibling of P, or

(ii)

of a person who is the spouse, civil partner or co-habitee of a sibling of P;

(c)

an “aunt or uncle” of a person (P) is a sibling of a parent of P;

(d)

a “cousin” of a person (P) is a child—

(i)

of an aunt or uncle of P, or

(ii)

of a person who is the spouse, civil partner or co-habitee of an aunt or uncle of P;

(e)

“sibling” includes a sibling of the half-blood and a step-sibling.”