Legislation – Renters’ Rights Act 2025

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Part 1Tenancy reform

Chapter 2Tenancies that cannot be assured tenancies

31Long tenancies and financial services products

(1)

In Part 1 of Schedule 1 to the 1988 Act (tenancies which cannot be assured tenancies), after paragraph 3C insert—

“Fixed term tenancies of more than 21 years

3D

A fixed term tenancy of a term certain of more than 21 years from the date of the grant of the tenancy.

Fixed term tenancies of 7 to 21 years granted before the Renters’ Rights Act 2025

3E

(1)

A tenancy of a term certain of—

(a)

21 years or less, but

(b)

more than 7 years,

from the date of the grant of the tenancy.

(2)

This paragraph applies only to tenancies entered into—

(a)

before the day on which the Renters’ Rights Act 2025 was passed,

(b)

during the period of two months beginning with that day, or

(c)

after the end of that period under a contract entered into before the end of that period.

Regulated home purchase plans

3F

(1)

A tenancy which, when it is granted, forms part of a regulated home purchase plan.

(2)

In this paragraph “regulated home purchase plan” has the same meaning that it has from time to time in regulation 63F(3)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).

(3)

The Secretary of State may, by regulations, amend this paragraph in consequence of an order made under section 22 of the Financial Services and Markets Act 2000.

(4)

Regulations under this paragraph—

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(5)

A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

(2)

In section 133 of the 1988 Act (consent required for certain subsequent disposals), in subsection (11)(f), for “4” substitute “3D”.

(3)

In the Landlord and Tenant Act 1985—

(a)

in section 9B (leases to which section 9A of that Act applies), in subsection (1)(b)—

(i)

after “subsection (1A)” insert “, (1AA)”;

(ii)

for the words from “leases” to “more” substitute “certain leases to which section 11 applies”;

(b)

in section 13 (leases to which section 11 of that Act applies: general rule)—

(i)

after subsection (1) insert—

“(1AZA)

But that is subject to subsections (1ZA) to (1ZC).”;

(ii)

in subsection (1ZA), for “But in” substitute “In”;

(iii)

after subsection (1ZB) insert—

“(1ZC)

Section 11 does not apply to a lease of a dwelling-house in England which—

(a)

was an assured tenancy immediately before the commencement date (which has the meaning given by section 146(3) of the Renters’ Rights Act 2025), and

(b)

was granted—

(i)

for a term of seven years or more, and

(ii)

by a person other than a private registered provider of social housing.”;

(iv)

in subsection (1A) omit paragraph (b) and the word “or” preceding it;

(v)

after subsection (1A) insert—

“(1AA)

Section 11 also applies to a lease of a dwelling-house in England granted on or after the day on which section 166 of the Localism Act 2011 came into force which is a tenancy for a fixed term of more than seven years that—

(a)

would be an assured tenancy if it were not for a term of more than seven years,

(b)

is not a shared ownership lease, and

(c)

is granted by a private registered provider of social housing.”;

(vi)

in subsection (1B), for “In subsection (1A)” substitute “In this section”.

(4)

In paragraph 1 of Schedule 10 to the Local Government and Housing Act 1989 (security of tenure on ending of long residential tenancies), in sub-paragraph (1)(a) after “low rent” insert “and were not for a term of more than seven years”.

(5)

Where, immediately before the day on which this section comes into force, proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section of that Act have been commenced in relation to a tenancy and have not been concluded, or have not been commenced but have not become time-barred—

(a)

the tenancy remains an assured tenancy, and the notice remains valid, until any time when such proceedings in reliance on the notice become time-barred or are concluded, and

(b)

until that time the amendments made by subsections (1) and (4) do not apply in relation to the tenancy.

(6)

For the purposes of subsection (5), proceedings are “time-barred” after the time limit mentioned in section 8 (3)(c) of the 1988 Act.

32Accommodation for homeless people or students

(1)

In section 209 of the Housing Act 1996 (interim accommodation in relation to which an assured tenancy will not normally arise), in subsection (1), after “190,” insert “199A,”.

(2)

In Schedule 1 to the 1988 Act, paragraph 8 (lettings to students that are not assured tenancies) is amended as follows—

(a)

for sub-paragraph (1) substitute—

“(1)

A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution if—

(a)

the tenancy is granted—

(i)

by that institution,

(ii)

by another specified educational institution, or

(iii)

by a specified body of persons, or

(b)

either of the following is a member of a specified housing management code of practice—

(i)

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

(ii)

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.

(1A)

Subsection (1) is subject to sub-paragraphs (2B) to (2D) and (5) to (7).”;

(b)

after sub-paragraph (2) insert—

“(2A)

Regulations under sub-paragraph (2) may, in particular, specify as a body of persons—

(a)

the members, or

(b)

a class of the members,

from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2).

(2B)

The Secretary of State may by regulations made by statutory instrument—

(a)

specify a class of building, and

(b)

provide that a tenancy—

(i)

does not fall within this paragraph if the dwelling-house is in a building of the specified class, or

(ii)

falls within this paragraph only if the dwelling-house is in a building of the specified class.

(2C)

The Secretary of State may by regulations made by statutory instrument—

(a)

specify a student landlord or a class of student landlord,

(b)

specify a class of building in relation to the specified student landlord or specified class of student landlord, and

(c)

provide that, where the landlord is the specified student landlord, or a student landlord of the specified class, the tenancy—

(i)

does not fall within this paragraph if the dwelling-house is in the specified class of building, or

(ii)

falls within this paragraph only if the dwelling-house is in the specified class of building.

(2D)

The Secretary of State may by regulations made by statutory instrument—

(a)

specify a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building or a class of such persons,

(b)

specify a class of building in relation to the specified person or specified class of persons, and

(c)

provide that a tenancy—

(i)

does not fall within this paragraph if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons, or

(ii)

falls within this paragraph only if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons.

(2E)

Regulations under sub-paragraph (2B)(a) or (2C)(b) or (2D)(b) may, in particular, specify as a class of building—

(a)

the buildings, or

(b)

a class of the buildings,

from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (1)(b), (2B)(a) or (2C)(b).

(2F)

Regulations under sub-paragraph (2C)(a) may, in particular, specify as a class of student landlord—

(a)

the members, or

(b)

a class of the members,

from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2C)(a).”;

(c)

in sub-paragraph (3), for “the power conferred by sub-paragraph (2) above” substitute “a power conferred by this section”;

(d)

after sub-paragraph (3) insert—

“(4)

Regulations under this paragraph—

(a)

may make different provision for different purposes;

(b)

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

(5)

The question of whether or not a tenancy is within this paragraph is to be determined by reference to the circumstances at the time when the tenancy is granted.

(6)

A change in the circumstances after that time does not affect whether or not a tenancy is within this paragraph, except in a case where—

(a)

the tenant is entitled to possession of the dwelling-house at a time after the tenancy was granted, and

(b)

at the time when the tenant is entitled to possession—

(i)

condition A is met (see sub-paragraph (8)),

(ii)

condition B is met (see sub-paragraphs (9) and (10)), or

(iii)

both of those conditions are met.

(7)

In such a case, the tenancy ceases to fall within this paragraph (and accordingly this paragraph ceases to prevent the tenancy from being an assured tenancy) at the time when the tenant is entitled to possession.

(8)

Condition A is met if—

(a)

the tenancy was exempt solely by reference to a code of practice, but

(b)

at the time when the tenant is entitled to possession of the dwelling-house, the landlord’s interest under the lease does not attract the exemption under this paragraph.

(9)

Condition B is met if—

(a)

at the time when the tenancy was granted—

(i)

regulations under sub-paragraph (2B), (2C) or (2D) were in force, but

(ii)

those regulations did not prevent the tenancy from being within this paragraph, but

(b)

at the time when the tenant is entitled to possession of the dwelling-house—

(i)

regulations under sub-paragraph (2B), (2C) or (2D) are in force, and

(ii)

those regulations prevent the tenancy from being within this paragraph.

(10)

But condition B is not met in any circumstances that are specified, or are of a description specified, for this purpose by regulations made by the Secretary of State.

(11)

For the purposes of this paragraph—

(a)

“management functions” in respect of a building includes functions relating to—

(i)

the provision of services, or

(ii)

the repair, maintenance, improvement or insurance of the building;

(b)

“student landlord” means an institution or body of persons specified, or of a class specified, for the purposes of this paragraph (see sub-paragraph (2));

(c)

“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);

(d)

a building is “subject to” a housing management code of practice if it—

(i)

is a particular building subject to the code, or

(ii)

is of a class of buildings subject to the code;

(e)

a reference to—

(i)

a class of the buildings from time to time subject to a housing management code of practice, or

(ii)

a class of the members from time to time of a housing management code of practice,

includes the buildings or members that are from time to time in a class provided for in the code of practice;

(f)

a tenancy is “exempt solely by reference to a code of practice” if—

(i)

the tenancy was granted by a body of persons who were, at the time of the grant, a specified landlord solely by reference to a code of practice, or

(ii)

at the time of the grant, sub-paragraph (1)(b) applied to the tenancy but sub-paragraph (1)(a) did not apply to the tenancy;

(g)

a reference to the landlord’s interest under the lease not attracting the exemption under this paragraph is a reference to—

(i)

a case where the landlord is not a student landlord and there is no person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building; or

(ii)

a case where the landlord is not a student landlord and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building, but that person is not a member of a specified housing management code of practice;

and for that purpose the “relevant building” is the building which the dwelling-house comprises or in which the dwelling-house is situated;

(h)

a body of persons are “a specified landlord solely by reference to a code of practice” if they—

(i)

are a member of a housing management code of practice that is specified by regulations under sub-paragraph (2A), and

(ii)

are not specified by regulations under sub-paragraph (2) as a body of persons otherwise than as a member of that code of practice.”