Legislation – Renters’ Rights Act 2025

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Part 2Residential landlords

Chapter 4Part 2: supplementary provision

97Financial assistance by Secretary of State

The Secretary of State may give financial assistance (by way of grant, loan, guarantee or in any other form) or make other payments to a person who exercises functions under or by virtue of this Part.

98Rent repayment orders for offences under the Housing Act 1988 and sections 67 and 92 of this Act

(1)

The Housing and Planning Act 2016 is amended as follows.

(2)

In section 40 (introduction and key definitions), in subsection (3)—

(a)

at the end of line 2 of the table in that subsection insert—

“2A

Housing Act 1988

section 16J(1)

Knowingly or recklessly misusing a possession ground

2B

section 16J(2)

Breach of restriction on letting or marketing dwelling-house

2C

section 16J(3)

Tenancy reform: continuing breaches”;

(b)

in line 5 of the table in that subsection, in the third column, for “control or management of unlicensed HMO” substitute “offences relating to unlicensed HMOs”;

(c)

in line 6 of the table in that subsection, in the third column, for “control or management of unlicensed house” substitute “offences relating to unlicensed houses”;

(d)

at the end of the table in that subsection insert—

“8

Renters’ Rights Act 2025

section 67(1)

Landlord redress schemes: continuing breaches

9

section 92(1)

Private rented sector database: provision of false or misleading information

10

section 92(2) (but only if the penalty imposed relates to a breach of a requirement imposed by section 82(3))

Private rented sector database: continuing breaches”.

(3)

In section 41 (application for rent repayment order)—

(a)

in subsection (2)(b), for “12 months” substitute “2 years”;

(b)

after subsection (2) insert—

“(2A)

The requirement in subsection (2)(a) does not apply to an application for a rent repayment order in relation to an offence under section 16J(1) or (2) of the Housing Act 1988.”

(4)

In section 42 (notice of intended proceedings), in subsection (5), for “12 months” substitute “2 years”.

(5)

In section 44 (amount of order: tenants)—

(a)

in subsection (2), in the first column of the table—

(i)

in the first row, for “or 2” substitute “, 2, 2A or 9”, and

(ii)

in the second row, for “3” to “7” substitute “2C, 3, 4, 5, 6, 7, 8 or 10”;

(b)

in subsection (2), after the first row of the table insert—

“an offence mentioned in row 2B of the table in section 40(3)

the period of 2 years ending with the date of the offence or, if the tenancy ends before that date, the date on which it ends”;

(c)

in subsection (4)—

(i)

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

(ii)

in paragraph (c), after “of” insert “, or received a financial penalty in respect of,”, and

(iii)

at the end of paragraph (c) insert “, and

(d)

whether the landlord has at any time had a rent repayment order made against them.”

(6)

In section 45 (amount of order: local housing authorities)—

(a)

in subsection (2), in the first column of the table —

(i)

in the first row, for “or 2” substitute “, 2, 2A or 9”, and

(ii)

in the second row, for “3” to “7” substitute “2C, 3, 4, 5, 6, 7, 8 or 10”;

(b)

in subsection (2), after the first row of the table insert—

“an offence mentioned in row 2B of the table in section 40(3)

the period of 2 years ending with the date of the offence or, if the tenancy ends before that date, the date on which it ends”;

(c)

in subsection (4)—

(i)

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

(ii)

in paragraph (c), after “of” insert “, or received a financial penalty in respect of,”, and

(iii)

at the end of paragraph (c) insert “, and

(d)

whether the landlord has at any time had a rent repayment order made against them.”

(7)

In section 46 (amount of order following conviction)—

(a)

in subsection (1), for “both” substitute “either”;

(b)

for subsection (3) substitute—

“(3)

Condition 2 is that the order is made against a landlord in relation to an offence (the “relevant offence”) where the landlord has at any time (whether or not in relation to the same tenancy or housing)—

(a)

been convicted of another offence which is the same offence as the relevant offence,

(b)

received a financial penalty in respect of another offence which is the same offence as the relevant offence, or

(c)

had a rent repayment order made against them in respect of another offence which is the same offence as the relevant offence.”;

(c)

after subsection (4) insert—

“(4A)

For the purposes of subsection (3), an offence under section 72 (1) of the Housing Act 2004 is to be treated as the same offence as an offence under section 95 (1) of that Act (and vice versa).”

99Interpretation of Part 2

(1)

In this Part “dwelling” has the meaning given by section 63(2).

(2)

For the meanings of “residential landlord”, “residential tenancy” and “residential tenant” in this Part, see section 63.

(3)

For the purposes of this Part, a person markets a dwelling for the purpose of creating a residential tenancy when—

(a)

the person advertises that the dwelling is or may be available for let under a residential tenancy, or

(b)

in the course of lettings agency work, the person informs any other person that the dwelling is or may be so available.

(4)

But subsection (3)(a) does not apply in relation to a person who publishes an advertisement in the course of a business that does not involve lettings agency work if the advertisement has been provided by another person.

(5)

For the purposes of this section, “lettings agency work” means things done by a person in the course of a business in response to instructions received from—

(a)

a person (“a prospective landlord”) seeking to find another person to whom to let a dwelling, or

(b)

a person (“a prospective tenant”) seeking to find a dwelling to rent.

(6)

However, “lettings agency work” does not include any of the following things when done by a person who does nothing else within subsection (5)—

(a)

publishing advertisements or disseminating information;

(b)

providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or prospective landlord;

(c)

providing a means by which a prospective landlord and a prospective tenant can communicate directly with each other.

(7)

“Lettings agency work” also does not include things of a description, or things done by a person of a description, specified in regulations made by the Secretary of State.

“2A	Housing Act 1988	section 16J(1)	Knowingly or recklessly misusing a possession ground
2B		section 16J(2)	Breach of restriction on letting or marketing dwelling-house
2C		section 16J(3)	Tenancy reform: continuing breaches”;

“8	Renters’ Rights Act 2025	section 67(1)	Landlord redress schemes: continuing breaches
9		section 92(1)	Private rented sector database: provision of false or misleading information
10		section 92(2) (but only if the penalty imposed relates to a breach of a requirement imposed by section 82(3))	Private rented sector database: continuing breaches”.