Legislation – Renters’ Rights Act 2025

in paragraph (a), for “by an application in the prescribed form refers the notice to the appropriate tribunal” substitute “applies to the appropriate tribunal under section 14(A3)”;

(b)

in paragraph (b) for “variation of the rent which is different from” substitute “new rent which is lower than”.

(7)

After subsection (4) insert—

“(4A)

The rent for a period of an assured tenancy to which this section applies may not be greater than the rent for the previous period except by virtue of—

(a)

a notice under this section or an agreement under subsection (4)(b) following such a notice,

(b)

a determination under section 14, or

(c)

an agreement in writing between the landlord and the tenant varying the rent, following a determination by the appropriate tribunal under section 14, where the agreed rent is lower than the rent that would be payable under section 14ZA or 14ZB as a result of the determination;

and any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides that the rent for a particular period of the tenancy must or may be greater than the rent for the previous period otherwise than by virtue of a notice, determination or agreement mentioned in this subsection.

(4B)

Except as provided by subsection (4A), nothing in this section (or in sections 14 to 14ZB) limits any right of the landlord and the tenant under an assured tenancy to which this section applies to vary any term of the tenancy by agreement.

(4C)

In this section “relevant low-cost tenancy” means—

(a)

an assured tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, where the landlord is a private registered provider of social housing, and

(b)

any other assured tenancy of a description specified in regulations made by the Secretary of State.

(4D)

Regulations under subsection (4C)(b)—

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(4E)

A statutory instrument containing regulations under subsection (4C)(b) is subject to annulment in pursuance of a resolution of either House of Parliament.”

(8)

Omit subsection (5).

(9)

After section 13 of the 1988 Act insert—

“13AIncreases of rent under relevant low-cost tenancies

(1)

This section applies to a relevant low-cost tenancy within the meaning given by section 13(4C).

(2)

For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than—

(a)

one month after the date of the service of the notice, and

(b)

in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began, and

(c)

if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14, either—

(i)

in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect, or

(ii)

in any other case, the appropriate date.

(3)

The appropriate date is—

(a)

in a case to which subsection (4) applies, the date that falls 53 weeks after the date on which the increased rent took effect;

(b)

in any other case, the date that falls 52 weeks after the date on which the increased rent took effect.

(4)

This subsection applies where—

(a)

the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003, and

(b)

the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect.

(5)

Where a notice is served under subsection (2), a new rent specified in the notice takes effect as mentioned in the notice unless, before the beginning of the new period specified in the notice—

(a)

the tenant applies to the tribunal under section 14(A3), or

(b)

the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.

(6)

Nothing in this section (or in section 14) affects the right of the landlord and the tenant under a relevant low-cost tenancy within the meaning given by section 13(4C) to vary by agreement any term of the tenancy (including a term relating to rent).

13BChallenge to validity of notice to increase rent

Where a tenant under an assured tenancy makes an application to the appropriate tribunal, the tribunal may determine whether a notice served on the tenant under section 13(2) or 13A(2) is valid.”

7Challenging amount or increase of rent

(1)

Section 14 of the 1988 Act (determination of rent by tribunal) is amended in accordance with subsections (2) to (9).

(2)

In the title, after “of” insert “open-market”.

(3)

Before subsection (1) insert—

“A1

A tenant under an assured tenancy other than a relevant low-cost tenancy may make an application to the appropriate tribunal for the purpose of challenging the rent payable under the tenancy.

A2

No application may be made under subsection (A1) if—

(a)

the rent payable under the tenancy is pursuant to a previous determination under this section, or

(b)

more than six months have elapsed since the beginning of the tenancy.

A3

A tenant under any assured tenancy may make an application to the appropriate tribunal for the purpose of challenging a new rent proposed in a notice under section 13(2) or 13A(2).”

(4)

In subsection (1)—

(a)

for the words from the beginning to “that section,” substitute “Where an application is made under subsection (A1) or (A3),”;

(b)

for paragraphs (a) and (b) substitute—

“(a)

which has the same periods as those of the tenancy to which the application relates;

(b)

which begins—

(i)

in the case of an application under subsection (A1), on the date of the application;

(ii)

in the case of an application under subsection (A3), at the beginning of the new period specified in the notice; and”;

(c)

in paragraph (c) for “notice” substitute “application”;

(d)

omit paragraph (d) and the “and” before it.

(5)

In subsection (3)—

(a)

in the words before paragraph (a)—

(i)

omit the words from “in relation to” to “above,”;

(ii)

for “notice”, in the second place it occurs, substitute “application”;

(b)

in paragraphs (a) and (b) for “service of the notice” substitute “the application”.

(6)

In subsection (3A)—

(a)

in the words before paragraph (a), for the words from “on” to “served,” substitute “of the application”;

(b)

in paragraph (a), for “that notice was served” substitute “the application was made”.

(7)

Omit subsections (6) and (7).

(8)

In subsection (8) omit “of a rent for a dwelling-house”.

(9)

Omit subsection (9).

(10)

After section 14 of the 1988 Act insert—

“14ZAEffect of determination: rent payable

(1)

This section applies where the appropriate tribunal makes a determination on an application under section 14(A1) in relation to a tenancy.

(2)

The rent payable under the tenancy following the determination is—

(a)

the new rent amount, and

(b)

the appropriate amount (if any) in respect of rates.

(3)

The rent payable under the tenancy following the determination takes effect from the date that the appropriate tribunal directs.

(4)

The new rent amount is—

(a)

the open-market rent, if lower than the tenancy rent, and

(b)

otherwise, the tenancy rent.

(5)

The date must not be earlier than the date of the application.

(6)

In this section—

“the appropriate amount in respect of rates” means the amount of rent attributable to any rates borne as mentioned in section 14(5);

“the open-market rent” means the amount of rent determined by the appropriate tribunal on the application, in accordance with section 14(1);

“the tenancy rent” means the rent payable under the tenancy immediately before the determination is made, excluding the appropriate amount in respect of rates (if any).

14ZBEffect of determination: proposed new rent

(1)

This section applies where the appropriate tribunal makes a determination on an application under section 14(A3) in relation to a tenancy.

(2)

The rent payable under the tenancy following the determination is—

(a)

the new rent amount, and

(b)

the appropriate amount (if any) in respect of rates.

(3)

The rent payable under the tenancy following the determination takes effect from—

(a)

the beginning of the new period specified in the notice under section 13(2) or 13A(2), if that date is on or after the date of the determination,

(b)

the beginning of the first new period of the tenancy which begins on or after the date of the determination, if the beginning of the new period specified in the notice under section 13(2) or 13A(2) is before the date of the determination, or

(c)

if it appears to the tribunal that applying paragraph (a) or (b) would cause undue hardship to the tenant, a date that the appropriate tribunal directs.

(4)

A date specified under subsection (3)(c) must fall before the end of the period of two months beginning with the date of the determination.

(5)

The new rent amount is—

(a)

the open-market rent, if lower than the proposed rent, and

(b)

otherwise, the proposed rent.

(6)

The Secretary of State may by regulations make provision so as to substitute, in relation to relevant tenancies, a different date as the effective date.

(7)

The effective date may not be earlier than the beginning of the new period specified in the notice served on the tenant under section 13(2) or 13A(2).

(8)

Regulations under subsection (6)—

(a)

may amend this section;

(b)

may make different provision for different purposes;

(c)

may make supplemental, consequential, incidental, transitional, transitory or saving provision;

(d)

are to be made by statutory instrument.

(9)

A statutory instrument containing regulations under subsection (6) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(10)

In this section—

“the appropriate amount in respect of rates” has the meaning given by section 14ZA(6);

“the effective date” means a date for the time being specified in subsection (3)(b) as the date from which the rent payable takes effect;

“the open-market rent” has the meaning given by section 14ZA(6);

“the proposed rent” means the amount of rent specified in the notice under section 13(2) or 13A(2), excluding the appropriate amount in respect of rates (if any);

“relevant tenancies” means tenancies in relation to which an application under section 14(A3) is made on or after the date on which the regulations under subsection (6) come into force.”

(11)

Omit sections 14A and 14B of the 1988 Act.

8Prohibition of rent in advance after lease entered into (except initial rent)

In the 1988 Act, after section 4A (inserted by section 1 of this Act) insert—

“4BAssured tenancy: prohibition of rent in advance (except initial rent)

(1)

Terms of an assured tenancy which provide for when rent is due are of no effect so far as they provide for rent to be due in advance.

(2)

But subsection (1) does not apply—

(a)

to a tenancy entered into before the commencement date (which has the same meaning as in section 146(3) of the Renters’ Rights Act 2025),

(b)

to an excepted tenancy, or

(c)

to terms of any other assured tenancy so far as they provide for initial rent to be due during the permitted pre-tenancy period.

(3)

Where terms of an assured tenancy providing for when the rent for a rent period is due are of no effect by virtue of this section, the tenancy has effect as if it provided for the rent for that rent period to be due on the substitute rent day for that rent period.

(4)

In a case where the terms of the tenancy (after taking account of section 4A) are such that—

(a)

one or more of the periods of the tenancy will be compliant rent periods, and

(b)

the compliant rent periods have a regular pattern,

the regular rent day which falls during a rent period is the “substitute rent day” for the rent period.

(5)

In any other case, the first day of a rent period is the “substitute rent day” for the rent period.

(6)

The compliant rent periods of a tenancy “have a regular pattern” if those periods meet the following two conditions—

(a)

all of the compliant rent periods will be the same length (and, for this purpose, all periods of one month are the same length);

(b)

the rent for all of the compliant periods will be due—

(i)

on the same day during each of the periods (such as the same day of the week in a weekly period or the same date in the month in a monthly period), or

(ii)

on the same description of day during each of the periods (such as the last day, or first weekday, of a period);

and that day, or day of that description, is the “regular rent day”.

(7)

The condition in subsection (6)(a) is met even if the first period of the tenancy is of a different length from all the other compliant periods; and, in such a case, the condition in subsection (6)(b) is met even if the rent for the first period of the tenancy is due on a different day, or description of day, from all the other compliant periods.

(8)

For provision enabling a holding deposit to be used to pay initial rent due during the permitted pre-tenancy period, see Schedule 2 to the Tenant Fees Act 2019.

(9)

The Secretary of State may, by regulations, amend this section for the purpose of making provision about the descriptions of rent due in advance to which subsection (1) does not apply.

(10)

Regulations under subsection (9)—

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(11)

A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(12)

In this paragraph—

“compliant rent period”: a rent period is a compliant rent period if the rent for the period is due during the period — and, in determining this, the effect of this section on when rent is due must be disregarded;

“due in advance”, in relation to rent, means due before the rent period for which it is payable;

“excepted tenancy” means—

(a)

an assured tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) if the landlord is a private registered provider of social housing;

(b)

an assured tenancy granted pursuant to Part 7 of the Housing Act 1996 (homelessness);

“initial rent” means rent that is payable for—

(a)

the first rent period, or

(b)

any later rent period which ends during the initial 28 day period;

and here “initial 28 day period” means the period of 28 days beginning with the first day of the first rent period;

“permitted pre-tenancy period” means the period that—

(a)

begins when the tenancy is entered into, and

(b)

ends with the day before the first day of the tenancy;

“regular rent day” has the meaning given in subsection (6)(b);

“rent period” means a period for which rent is payable under the assured tenancy;

“substitute rent day” means the day determined in accordance with subsection (4) or (5).”

9Prohibition of rent in advance before lease entered into

(1)

Schedule 1 to the Tenant Fees Act 2019 (permitted payments) is amended in accordance with subsections (2) and (3).

(2)

After paragraph 1(1) (rent is a permitted payment) insert—

“(1A)

But a payment of rent is a prohibited payment if—

(a)

it is payable before the tenancy is entered into, and

(b)

the tenancy is an assured tenancy.

(1B)

This paragraph is subject to paragraph 1A.”

(3)

For sub-paragraph (2) of paragraph 1 substitute—

“Increased rent

1A

(1)

If the amount of rent payable in respect of any relevant period (“P1”) is more than the amount of rent payable in respect of any later relevant period (“P2”), the additional amount payable in respect of P1 is a prohibited payment.

(2)

That is subject to the following provisions of this paragraph.”

(4)

After section 5 of the Tenant Fees Act 2019 insert—

“Other provision about rent in advance

5APre-tenancy payments of rent: prohibitions

(1)

A landlord must not—

(a)

invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England,

(b)

accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the landlord in connection with an assured tenancy of housing in England, or

(c)

accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England.

(2)

A landlord must not—

(a)

invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England,

(b)

accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or

(c)

accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England.

(3)

A letting agent must not—

(a)

invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England,

(b)

accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to the letting agent in connection with an assured tenancy of housing in England, or

(c)

accept from a relevant person a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England.

(4)

A letting agent must not—

(a)

invite or encourage a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England,

(b)

accept an offer from a relevant person to make a prohibited pre-tenancy payment of rent to a third party in connection with an assured tenancy of housing in England, or

(c)

accept from a third party a prohibited pre-tenancy payment of rent in connection with an assured tenancy of housing in England.

(5)

The Secretary of State may, by regulations made by statutory instrument, amend this section for the purpose of making provision about the descriptions of rent due in advance to which any provision of subsection (1), (2), (3) or (4) applies.

For this purpose “rent due in advance” means rent due before the period for which it is payable.

(6)

Regulations under subsection (5)—

(a)

may make different provision for different purposes;

(b)

may make supplemental, incidental, consequential, transitional, transitory or saving provision;

(c)

are to be made by statutory instrument.

(7)

A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(8)

In this section “prohibited pre-tenancy payment of rent” means a payment of rent that is prohibited by paragraph 1(1A) of Schedule 1.

5BEffect of a breach of section 5A

(1)

A term of an agreement between a letting agent and a relevant person which breaches section 5A is not binding on a relevant person.

(2)

Where a term of an agreement is not binding on a relevant person as a result of this section, the agreement continues, so far as practicable, to have effect in every other respect.”

(5)

The Tenant Fees Act 2019 is further amended as follows—

(a)

in section 6 (enforcement by local weights and measures authorities)—

(i)

in subsection (1), in paragraph (b) omit “and” and after that paragraph insert—

“(ba)

section 5A (pre-tenancy payments of rent: prohibitions), and”;

(ii)

in subsection (3), for “or 2” substitute “, 2 or 5A”;

(b)

in section 7 (enforcement by district councils), in subsection (1), for “and 2” substitute “, 2 and 5A”;

(c)

in section 8 (financial penalties), in subsection (1), for “or 2” substitute “, 2 or 5A”;

(d)

in section 10 (recovery by enforcement authority of amount paid)—

(i)

in subsection (1)(a), for “or 2” substitute “, 2 or 5A”;

(ii)

after subsection (2) insert—

“(2A)

But that obligation to pay the amount, or remaining part, of the prohibited payment is subject to subsection (3), unless it is a case where the payment is prohibited by paragraph 1(1A) of Schedule 1 (pre-tenancy payment of rent).”;

(iii)

in subsection (3), for “But subsection (2) does not apply in relation to a prohibited payment” substitute “Subsection (2) does not apply in relation to the prohibited payment”;

(e)

in section 15 (recovery by relevant person of amount paid), in subsection (1)(a), for “or 2” substitute “, 2 or 5A”.

10Repayment of rent paid for days after end of tenancy

In the 1988 Act, after section 14ZB (inserted by section 7 of this Act) insert—

“14ZCRepayment of rent paid for days after end of tenancy

(1)

A person who paid rent as a tenant under an assured tenancy is entitled to be repaid any part of that rent that relates to days falling after the end of the tenancy.

(2)

Subsection (1) does not affect any other entitlement to payment arising at the end of an assured tenancy.”

11Right to request permission to keep a pet

(1)

In the 1988 Act, after section 16 insert—

“16ARequesting consent to keep a pet

(1)

It is an implied term of every assured tenancy to which this section applies that—

(a)

a tenant may keep a pet at the dwelling-house if the tenant asks to do so in accordance with this section and the landlord consents;

(b)

such consent is not to be unreasonably refused by the landlord;

(c)

the landlord is to give or refuse consent in writing on or before the 28th day after the date of the request, except as provided by subsections (2) to (5).

(2)

Where the landlord reasonably requests further information from the tenant about the pet on or before the 28th day after the date of the tenant’s request—

(a)

if the tenant provides that information, the landlord may delay giving or refusing consent until the 7th day after the date on which the tenant provides any further information that the landlord requests;

(b)

if the tenant does not provide that information, the landlord is not required to give or refuse consent.

(3)

Where—

(a)

the keeping of the pet at the dwelling-house would require the landlord to obtain the consent of a superior landlord under the terms of a superior tenancy, and

(b)

the landlord seeks the consent of the superior landlord on or before the 28th day after the date of the tenant’s request,

the landlord may delay giving or refusing consent until the 7th day after the date on which the landlord receives consent or refusal from the superior landlord.

(4)

Where the landlord and the tenant agree that the landlord may delay giving or refusing consent, the landlord may delay until whatever date is agreed between the landlord and the tenant.

(5)

Where more than one of subsections (2) to (4) apply, the landlord may delay until the latest date to which the landlord may delay giving or refusing consent under any of the subsections.

(6)

This section applies to every assured tenancy other than a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008.

16BRequests for consent to keep a pet: further provision

(1)

For the purposes of section 16A, a tenant keeps a pet at a dwelling-house if the tenant permits the pet to live at the dwelling-house (whether or not the tenant is the owner of the pet).

(2)

Section 16A does not limit the terms that may be agreed in relation to the presence at the dwelling-house of pets which do not live there.

(3)

The tenant’s request under section 16A must—

(a)

be in writing;

(b)

include a description of the pet for which consent is sought.

(4)

The circumstances in which it is reasonable for a landlord to refuse consent include those in which—

(a)

the pet being kept at the dwelling-house would cause the landlord to be in breach of an agreement with a superior landlord;

(b)

an agreement between the landlord and a superior landlord prohibits the keeping of a pet at the dwelling-house without consent of the superior landlord, and the landlord has taken reasonable steps to obtain that consent but the superior landlord has not given it.

(5)

In proceedings in which a tenant alleges that the landlord has breached the implied term created by section 16A, the court may order specific performance of the obligation.”

(2)

In section 45 (1) of the 1988 Act, in the appropriate place insert—

““pet” means an animal kept by a person mainly for—

(a)

personal interest,

(b)

companionship,

(c)

ornamental purposes, or

(d)

any combination of paragraphs (a) to (c);”