so that, in addition to or instead of the landlord under the relevant tenancy, it includes any or all superior landlords in relation to that tenancy, or

(ii)

so that it does not include superior landlords added by virtue of this paragraph;

(b)

change the meaning of “relevant tenancy” so as to add or remove a particular kind of—

(i)

tenancy of a dwelling that is periodic or granted for a term of less than 21 years, or

(ii)

licence to occupy a dwelling;

(c)

change the meaning of “dwelling”—

(i)

so that, in addition to a building or part of a building, it includes any other structure, vehicle or vessel,

(ii)

so that it includes a building or part of a building, and anything for the time being included in the meaning of “dwelling” by virtue of sub-paragraph (i), which is occupied or intended to be occupied as a dwelling that is not a separate dwelling, or

(iii)

so that it does not include anything added by virtue of this paragraph.

(5)

Kinds of tenancy or licence added or removed under subsection (4)(b) may be identified by reference to any matters connected directly or indirectly with a tenancy or licence, including the characteristics or circumstances of any person who is so connected.

(6)

In subsection (4)(b)—

(a)

the reference to a tenancy of a dwelling includes a tenancy under which the dwelling is occupied for the purposes of either House of Parliament, and

(b)

the reference to a licence to occupy a dwelling includes such a licence under which the dwelling is occupied for the purposes of either House of Parliament.

(7)

The provision that may be made in regulations under subsection (4) by virtue of section 140(1)(a) includes provision amending section 99.

(8)

The provision that may be made in regulations under subsection (4) by virtue of section 140(1)(b) includes different provision for the purposes of different Chapters of this Part.

Chapter 2Landlord redress schemes

Landlord redress schemes

64Landlord redress schemes

(1)

The Secretary of State may make regulations requiring a residential landlord to be a member of a landlord redress scheme.

(2)

A “landlord redress scheme” means a scheme—

(a)

which provides for a complaint made by or on behalf of a prospective, current or former residential tenant against a member of the scheme to be independently investigated and determined by an independent individual, and

(b)

which is—

(i)

approved by the Secretary of State for the purposes of regulations under subsection (1), or

(ii)

administered by or on behalf of the Secretary of State and designated by the Secretary of State for those purposes.

(3)

A scheme must not be approved or designated under subsection (2)(b) unless it satisfies the conditions set out in regulations made under section 65(1).

(4)

In subsection (2)(a) “prospective residential tenant” means a person who—

(a)

offers to become a residential tenant of a dwelling that is marketed for the purpose of creating a residential tenancy, or

(b)

with a view to deciding whether to become a residential tenant of a dwelling that is marketed for that purpose—

(i)

requests information about the dwelling from a person marketing it, or

(ii)

visits or requests to visit such a dwelling by arrangement with a person marketing it.

(5)

Regulations under subsection (1) may—

(a)

require a person to be a member of a landlord redress scheme before a dwelling is marketed for the purpose of creating a residential tenancy under which that person will be a residential landlord;

(b)

prohibit a person from marketing a dwelling for the purpose of creating a residential tenancy unless the person who will be a residential landlord if the tenancy is granted is a member of a landlord redress scheme;

(c)

require a person to remain a member of the scheme after ceasing to be a residential landlord, for a period specified in the regulations.

(6)

Regulations under subsection (1) may require a person—

(a)

to provide relevant property information to the administrator of a landlord redress scheme, on applying to become a member of the scheme;

(b)

at any time after becoming a member of a landlord redress scheme, to notify the administrator of the scheme of any change to relevant property information previously provided by the person as soon as reasonably practicable, or within a period, as specified in the regulations.

(7)

For the purposes of subsection (6), “relevant property information” means such information as may be specified in the regulations relating to—

(a)

any residential tenancy under which the person is the residential landlord;

(b)

any dwelling which is proposed to be marketed for the purpose of creating a residential tenancy under which the person will be the residential landlord.

(8)

Before making regulations under subsection (1), the Secretary of State must be satisfied that all persons who are to be required to be a member of a landlord redress scheme will be eligible to join such a scheme before being so required (subject to any provision in the scheme about expulsion, as to which see section 65(2)(l)).

(9)

Nothing in this Chapter prevents a landlord redress scheme from providing (subject to regulations under section 65)—

(a)

for membership to be open to persons who wish to join as voluntary members;

(b)

for the investigation or determination of any complaints under a voluntary jurisdiction;

(c)

for voluntary mediation services;

(d)

for the exclusion from investigation and determination under the scheme of any complaint in such cases or circumstances as may be specified in or determined under the scheme.

(10)

In subsection (9)—

“complaints under a voluntary jurisdiction” means complaints in relation to which there is no duty to be a member of a landlord redress scheme, where the members against whom the complaints are made have voluntarily accepted the jurisdiction of the scheme over those complaints;

“voluntary mediation services” means mediation, conciliation or similar processes provided at the request of a member in relation to complaints made—

(a)

against the member, or

(b)

by the member against another person;

“voluntary members” means members who are not subject to a duty to be a member of a landlord redress scheme.

65Approval and designation of landlord redress schemes

(1)

The Secretary of State must by regulations set out conditions which are to be satisfied for a scheme to be approved or designated under section 64(2)(b).

(2)

The conditions must include conditions requiring the scheme to include provision in accordance with the regulations—

(a)

for the appointment of an individual to be responsible for overseeing and monitoring the investigation and determination of complaints under the scheme,

(b)

about the terms and conditions of that individual and the termination of their appointment,

(c)

about the complaints that may be made under the scheme, which must include provision enabling the making of complaints about non-compliance with any codes of practice for residential landlords that are issued or approved by the Secretary of State,

(d)

about the time to be allowed for scheme members to resolve matters before a complaint is accepted under the scheme in relation to those matters,

(e)

about the circumstances in which a complaint may be rejected,

(f)

about co-operation (which may include the joint exercise of functions) of an individual who is investigating or determining a complaint with persons who have functions in relation to other kinds of complaint and with local housing authorities,

(g)

about the provision of information to the persons mentioned in paragraph (f) and the Secretary of State,

(h)

if members are required to pay fees in respect of compulsory aspects of the scheme, about the amount or amounts of those fees,

(i)

if there are voluntary aspects of the scheme—

(i)

for fees to be payable in respect of those aspects of the scheme, and

(ii)

about the amount or amounts of those fees,

(j)

for the individual determining a complaint to be able to require members to provide redress of the following types to the complainant—

(i)

providing an apology or explanation,

(ii)

paying compensation, and

(iii)

taking such other actions in the interests of the complainant as the individual determining the complaint may specify,

(k)

about the enforcement of the scheme and decisions made under the scheme,

(l)

for a person to be expelled from the scheme only—

(i)

in circumstances specified in the regulations,

(ii)

once steps to secure compliance that are specified in the regulations have been taken, and

(iii)

once the decision to expel the person has been reviewed by an independent person in accordance with the regulations,

(m)

for an expulsion to be revoked in circumstances specified in the regulations,

(n)

prohibiting a person from joining the scheme when the person has been expelled from another landlord redress scheme, except in circumstances specified in the regulations,

(o)

for circumstances in which the administration of the scheme is to be transferred to a different administrator, and

(p)

about the closure of the scheme by the administrator.

(3)

Conditions set out in regulations under subsection (1) may include conditions requiring the administrator or proposed administrator of a scheme to undertake to do things on an ongoing basis following approval or designation.

(4)

Fee conditions relating to—

(a)

fees payable in respect of compulsory aspects of the scheme may provide for the amount or amounts of the fees to be calculated by reference to such of the scheme costs as may be specified in the regulations, which may include scheme costs relating to the voluntary aspects of the scheme;

(b)

fees payable in respect of voluntary aspects of the scheme must provide for the amount or amounts of the fees to be calculated so that (taking one year with another) they are sufficient to meet such of the costs of the voluntary aspects of the scheme as may be specified in the regulations.

(5)

Conditions set out in regulations by virtue of subsection (2)(o) may require an approved scheme to provide for the administration of that scheme to be transferred to the Secretary of State or a person acting on behalf of the Secretary of State in circumstances specified in the regulations.

(6)

Where conditions set out in regulations by virtue of subsection (2)(o) require an approved scheme to include the provision mentioned in subsection (5), the regulations may provide for a scheme whose administration is transferred as mentioned in that subsection to be treated as a designated scheme instead of an approved one.

(7)

Subsections (2) to (6) do not limit the conditions that may be set out in regulations under subsection (1).

(8)

The Secretary of State may by regulations make further provision about the approval or designation of landlord redress schemes under section 64(2)(b), including provision—

(a)

about the number of redress schemes that may be approved or designated (which may be one or more);

(b)

about the making of applications for approval;

(c)

about the period for which an approval or designation is valid;

(d)

about the withdrawal of approval or revocation of designation.

(9)

Regulations under this section may—

(a)

confer functions (including functions involving the exercise of a discretion) on the Secretary of State, or authorise or require a scheme to do so;

(b)

provide for the delegation of such functions by the Secretary of State, or authorise or require a scheme to provide for that.

(10)

In this section—

“compulsory aspects”, in relation to a scheme, means aspects of the scheme relating to complaints in relation to which there is a duty to be a member of a landlord redress scheme;

“compulsory member”, in relation to a scheme, means a member of the scheme who is subject to a duty to be a member of a landlord redress scheme;

“costs of the voluntary aspects”, in relation to a scheme, means the scheme costs if, or to the extent that, they relate to the voluntary aspects of the scheme (including scheme costs that are attributed to the voluntary aspects of the scheme);

“fee condition” means a condition set out in regulations by virtue of subsection (2)(h) or (i)(ii);

“scheme costs”, in relation to a scheme, means the costs (whether or not connected with a fee-payer) that are incurred in or associated with, or likely to be incurred in or associated with—

(a)

the establishment and administration of the scheme (including the investigation and determination of complaints under the scheme);

(b)

the performance of any other functions under this Chapter;

(c)

the performance of any other functions under the scheme;

including such costs that are, or are likely to be incurred by—

(a)
the administrator of a redress scheme, or
(b)
the individual responsible for overseeing and monitoring the investigation and determination of complaints under the scheme,

in connection with enforcement by other persons of requirements imposed by or under this Chapter.

“voluntary aspects”, in relation to a scheme, means aspects of the scheme that relate to—

(a)

complaints under a voluntary jurisdiction,

(b)

voluntary mediation services, or

(c)

voluntary members;

and terms used in this definition have the meanings given by section 64(10).

66Financial penalties

(1)

A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has—

(a)

breached regulations under section 64(1), or

(b)

committed an offence under section 67.

(2)

The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than—

(a)

£7,000, if it is imposed under subsection (1)(a), or

(b)

£40,000, if it is imposed under subsection (1)(b).

(3)

More than one penalty may be imposed in respect of the same conduct only if—

(a)

the conduct continues after the end of 28 days beginning with the day after that on which the final notice in respect of the previous penalty for the conduct was given to the person, unless the person appeals against that notice within that period, or

(b)

if the person appeals against that notice within that period, the conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.

(4)

Subsection (3) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

(5)

No financial penalty may be imposed in respect of any conduct amounting to an offence under section 67 if—

(a)

the person has been convicted of an offence under that section in respect of the conduct,

(b)

criminal proceedings for an offence under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or

(c)

criminal proceedings for an offence under that section in respect of the conduct have been concluded and the person has not been convicted.

(6)

The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.

(7)

Local housing authorities must have regard to any guidance issued under subsection (6).

(8)

The Secretary of State may by regulations amend the amounts specified in subsection (2) to reflect changes in the value of money.

(9)

For the purposes of this section and section 67—

(a)

a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and

(b)

“final notice” has the meaning given by paragraph 6 of Schedule 5.

67Offences

(1)

A person commits an offence if—

(a)

a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and

(b)

the conduct in respect of which the penalty was imposed continues after the end of the period of 28 days beginning with—

(i)

the day after that on which the penalty was imposed on the person, or

(ii)

if the person appeals against the final notice in respect of the penalty within that period, the day after that on which the appeal is finally determined, withdrawn or abandoned.

(2)

A person commits an offence if—

(a)

a relevant penalty has been imposed on the person in respect of a breach of regulations under section 64(1) and the final notice imposing the penalty has not been withdrawn, and

(b)

the person engages in conduct which constitutes a different breach of such regulations within the period of five years beginning with the day on which the penalty was imposed.

(3)

A person commits an offence if—

(a)

either—

(i)

a relevant penalty has been imposed on the person in respect of an offence under this section and the final notice imposing the penalty has not been withdrawn, or

(ii)

the person has been convicted of such an offence, and

(b)

the person breaches regulations under section 64(1) within the period of five years beginning with the day on which the relevant penalty was imposed or the person was convicted.

(4)

In subsections (1) to (3) “relevant penalty” means a financial penalty which is imposed under section 66 where—

(a)

the period for bringing an appeal against the penalty under paragraph 10 of Schedule 5 has expired without an appeal being brought,

(b)

an appeal against the financial penalty under that paragraph has been withdrawn or abandoned, or

(c)

the final notice imposing the penalty has been confirmed or varied on appeal.

(5)

A person may not be convicted of an offence under subsection (2) or (3) if a financial penalty has been imposed under section 66 in respect of the same conduct.

(6)

A person guilty of an offence under this section is liable on summary conviction to a fine.

(7)

Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.

(8)

Where the affairs of a body corporate are managed by its members, subsection (6) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.

68Decision under a landlord redress scheme may be made enforceable as if it were a court order

(1)

The Secretary of State may by regulations make provision for, or in connection with, authorising the administrator of a landlord redress scheme to apply to a court or tribunal for an order that a determination made under the scheme and accepted by the complainant in question be enforced as if it were an order of a court.

(2)

Before making the regulations, the Secretary of State must consult—

(a)

one or more bodies appearing to the Secretary of State to represent the interests of residential landlords,

(b)

one or more bodies appearing to the Secretary of State to represent the interests of residential tenants, and

(c)

such other persons as the Secretary of State considers appropriate.

69Landlord redress schemes: no Crown status

A person exercising functions under a landlord redress scheme (other than the Secretary of State) is not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown or as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and any property held by such a person is not to be regarded as property of, or held on behalf of, the Crown.

Guidance

70Guidance for scheme administrator and local housing authority

(1)

The Secretary of State may from time to time issue or approve guidance for local housing authorities and the administrators of landlord redress schemes about cooperation between such local housing authorities and persons exercising functions under the schemes.

(2)

A local housing authority must have regard to any guidance issued or approved under this section.

(3)

The Secretary of State must exercise the powers in section 65 for the purpose of ensuring that the administrator of a redress scheme has regard to any guidance issued or approved under this section.

Interpretation

71Interpretation of Chapter 2

(1)

In this Chapter “landlord redress scheme” has the meaning given by section 64(2).

(2)

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

Chapter 3The Private Rented Sector Database

The database and the database operator

75The database

(1)

The database operator must establish and operate a database containing—

(a)

entries in respect of persons who are, or intend to become, residential landlords,

(b)

entries in respect of dwellings which are, or are intended to be, let under residential tenancies, and

(c)

entries made under section 83 in respect of the following—

(i)

persons against whom relevant banning orders have been made,

(ii)

persons who have been convicted of, or on whom financial penalties have been imposed in relation to, relevant banning order offences, and

(iii)

persons who have been convicted of offences, on whom financial penalties have been imposed or who have been subject to regulatory action, of a description prescribed by regulations under that section.

(2)

In this Chapter—

(a)

“landlord entry” means an entry in the database in respect of a person mentioned in subsection (1)(a);

(b)

“dwelling entry” means an entry in the database in respect of a dwelling mentioned in subsection (1)(b).

(3)

Landlord and dwelling entries may be either active or inactive: see sections 77(4) and 79.

76The database operator

(1)

In this Chapter “database operator” means—

(a)

the Secretary of State, or

(b)

a person who the Secretary of State has arranged to be the database operator.

(2)

The arrangements—

(a)

may include provision for payments by the Secretary of State;

(b)

may include provision about bringing the arrangements to an end.

(3)

The Secretary of State may by regulations—

(a)

require the database operator to ensure that the database has features and functionality specified in the regulations,

(b)

confer on the database operator powers to enter into contracts and other agreements for the purpose of facilitating the operation of the database,

(c)

provide for functions of the database operator specified in the regulations to be carried out by lead enforcement authorities, local housing authorities or others specified in the regulations instead of, or in addition to, being carried out by the database operator, and

(d)

make transitional or saving provision which applies when there is a change of database operator.

(4)

Regulations under subsection (3)(d) may relate to a specific change of database operator or to changes that might arise from time to time.

Landlord and dwelling entries

77Making entries in the database

(1)

The Secretary of State may by regulations make provision about the making of landlord and dwelling entries in the database.

(2)

The regulations may, in particular—

(a)

provide for how, and by whom, a landlord or dwelling entry is to be made,

(b)

require information or documents to be provided,

(c)

impose other requirements, including requirements for the payment of fees, and

(d)

allow an entry to be made before all of the requirements imposed by the regulations have been complied with, provided that any requirements not complied with by that time are complied with before the end of a period specified in the regulations.

(3)

The period specified as mentioned in subsection (2)(d) must not exceed the period of 28 days beginning with the day on which the entry is made.

(4)

A landlord or dwelling entry made in accordance with the regulations is an active entry from the time it is made until it becomes an inactive entry in accordance with regulations under section 79.

(5)

See section 86 for the power to make regulations specifying the information contained in active landlord and dwelling entries that is to be made available to the public by the database operator.

78Requirement to keep active entries up-to-date

(1)

The Secretary of State may by regulations make provision requiring active landlord and dwelling entries in the database to be kept up-to-date.

(2)

The regulations may, in particular—

(a)

provide for how, and by whom, an active landlord or dwelling entry is to be kept up-to-date,

(b)

require information or documents to be provided,

(c)

impose other requirements, and

(d)

specify the time by which the requirements must be complied with.

(3)

The requirements that may be imposed by regulations under this section do not include requirements for the payment of fees.

79Circumstances in which active entries become inactive and vice versa

(1)

The Secretary of State may by regulations make provision about the circumstances in which an active landlord or dwelling entry in the database is to become an inactive entry, and vice versa.

(2)

The regulations may, in particular—

(a)

provide for an active landlord or dwelling entry to become inactive after a period specified in or determined in accordance with the regulations if requirements specified in the regulations are not met,

(b)

provide for an active landlord or dwelling entry to become inactive in circumstances in which an active entry is no longer required in respect of the landlord or dwelling, and

(c)

specify requirements that must be met for an inactive landlord or dwelling entry to become an active entry.

(3)

The requirements that may be imposed by regulations under this section include requirements for the payment of fees.

80Verification, correction and removal of entries

(1)

The Secretary of State may by regulations make provision about—

(a)

the verification of landlord and dwelling entries in the database,

(b)

the correction of errors in such entries, and

(c)

the removal of such entries from the database.

(2)

The regulations may, in particular—

(a)

require a proportion of landlord and dwelling entries, and of anything required to be provided by regulations under section 77, 78 or 79, specified in or determined in accordance with the regulations to be verified by local housing authorities or others,

(b)

make provision about how that verification is to be carried out,

(c)

authorise the correction of errors in landlord and dwelling entries and specify by whom such corrections may be made, and

(d)

authorise the removal from the database of landlord and dwelling entries that appear to a person specified in the regulations not to meet requirements imposed by or under this Chapter for inclusion in the database.

81Fees for landlord and dwelling entries

(1)

This section applies where regulations under section 77 or 79 require payment of a fee.

(2)

The regulations must—

(a)

specify the amount or amounts of the fee, or

(b)

provide for the amount or amounts of the fee to be determined by the database operator by reference to such of the relevant costs as may be specified in the regulations.

(3)

The amount or amounts specified in the regulations under subsection (2)(a) may be calculated by reference to the relevant costs.

(4)

The “relevant costs” are the costs (whether or not connected with a fee-payer) that are incurred in or associated with, or likely to be incurred in or associated with—

(a)

the establishment and operation of the database;

(b)

the enforcement of requirements imposed by or under this Chapter;

(c)

the performance of any other functions under this Chapter;

(d)

the enforcement of any other requirements imposed by or under this Act or otherwise in relation to the private rented sector.

(5)

The amount or amounts specified in the regulations under subsection (2)(a) or determined in accordance with subsection (2)(b) may, in the case of a fee charged for an entry in the database to become active again after becoming inactive as a result of provision made by virtue of section 79(2)(a), be higher than the fee that would otherwise be charged had the entry remained active.

(6)

The fees are to be payable to the database operator by such persons and in such circumstances as the regulations may provide.

(7)

The Secretary of State may direct the database operator to pay to local housing authorities or into the Consolidated Fund the amount it receives in respect of the fees it charges, or any part of that amount.

(8)

If the Secretary of State is the database operator—

(a)

subsection (7) does not apply, and

(b)

the Secretary of State may pay to local housing authorities the amount it receives in respect of fees it charges, or any part of that amount.

(9)

For the purposes of this section—

requirements “in relation to the private rented sector” means requirements 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;

(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;

“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;

“tenancy” includes a licence to occupy.

Marketing, advertising and letting

82Restrictions on marketing, advertising and letting dwellings

(1)

A person must not market a dwelling for the purpose of creating a residential tenancy unless—

(a)

there is an active landlord entry in the database in respect of the person who will be the residential landlord if the tenancy is granted, and

(b)

there is an active dwelling entry in the database in respect of the dwelling.

(2)

A person who advertises a dwelling for the purpose of creating a residential tenancy must include in any written advertisement the unique identifiers allocated by the database operator to—

(a)

the person who will be the residential landlord if the tenancy is granted, and

(b)

the dwelling.

(3)

A person who is a residential landlord in relation to a dwelling is under a duty to ensure that—

(a)

there is an active landlord entry in the database in respect of the person and an active dwelling entry in the database in respect of the dwelling, and

(b)

any requirements relating to the entries imposed by regulations under section 78 are complied with.

(4)

The Secretary of State may by regulations specify cases or circumstances in which—

(a)

a person of a description specified in the regulations is to be subject to the duty in subsection (3) instead of the residential landlord;

(b)

a duty imposed by this section, either does not apply at all or does not apply for a period specified in or determined in accordance with the regulations.

(5)

A breach of subsection (1), (2) or (3) does not affect the validity or enforceability of a residential tenancy or other contract by virtue of any rule of law relating to the validity or enforceability of contracts in circumstances involving illegality.

Entries relating to banning orders, offences, financial penalties, etc.

83Entries relating to banning orders, offences, financial penalties, etc.

(1)

A local housing authority must make an entry in the database in respect of a person if—

(a)

a relevant banning order has been made against the person following an application by the authority,

(b)

the person has been convicted of a relevant banning order offence following the institution of criminal proceedings by the authority, or

(c)

the authority has imposed a financial penalty on the person in relation to a relevant banning order offence.

(2)

A local housing authority may make an entry in the database in respect of a person if—

(a)

the person has been convicted of a relevant banning order offence following the institution of criminal proceedings by a person other than a local housing authority, or

(b)

a financial penalty has been imposed on the person in relation to a relevant banning order offence by a person other than a local housing authority.

(3)

The person who instituted the criminal proceedings or imposed the penalty must provide to the local housing authority such information as the authority requests for the purpose of making an entry under subsection (2).

(4)

The Secretary of State may by regulations impose a duty on local housing authorities to make entries in the database under subsection (2) in circumstances specified in the regulations.

(5)

An entry may be made under subsection (1) or (2) only if—

(a)

the period for appealing against any order, conviction or penalty mentioned in those subsections has expired, and

(b)

any such appeal has been finally determined, withdrawn or abandoned.

(6)

The Secretary of State may by regulations authorise or require local housing authorities to make an entry in the database in respect of a person—

(a)

who is convicted of an offence, on whom a financial penalty is imposed or who is subject to regulatory action, of a description prescribed by the regulations, and

(b)

where the offence, financial penalty or regulatory action relates to conduct which occurred at a time when the person was a residential landlord or marketing a dwelling for the purpose of creating a residential tenancy.

(7)

Regulations under subsection (6) may, in particular—

(a)

describe an offence by reference to—

(i)

the nature of the offence,

(ii)

the characteristics of the offender,

(iii)

the place where the offence is committed,

(iv)

the circumstances in which it is committed,

(v)

the court sentencing a person for the offence, or

(vi)

the sentence imposed, and

(b)

make provision for local housing authorities to obtain information from another person for the purpose of making an entry in the database under the regulations.

(8)

An entry made under this section must include—

(a)

the name of the person in respect of whom the entry is made,

(b)

where the entry is made under subsection (1), the date the banning order was made and the date on which the person will cease to be subject to it, and

(c)

such other information as may be prescribed by regulations made by the Secretary of State.

(9)

Regulations under subsection (8)(c) may, in particular, require an entry to include—

(a)

the person’s address or other contact details,

(b)

details of any dwellings in relation to which the person is a residential landlord, and

(c)

details of the offence, financial penalty or regulatory action to which the entry relates.

(10)

A local housing authority must take reasonable steps to ensure that any entry it has made in the database under this section is correct and up-to-date.

(11)

See section 86 for the power to make regulations specifying the information contained in entries under this section that is to be made available to the public by the database operator.

(12)

In this Chapter—

“relevant banning order” means an order under Chapter 2 of Part 2 of the Housing and Planning Act 2016 that—

(a)

is made on or after the day on which this section comes into force,

(b)

bans a person from letting housing (within the meaning of that Part of that Act) in England, and

(c)

relates to an offence committed at a time when the person against whom the order was made was—

(i)
a residential landlord, or
(ii)
marketing a dwelling for the purpose of creating a residential tenancy.

“relevant banning order offence” means a banning order offence (as defined in Part 2 of the Housing and Planning Act 2016) committed—

(a)

on or after the day on which this section comes into force, and

(b)

at a time when the person who committed the offence was—

(i)
a residential landlord, or
(ii)
marketing a dwelling for the purpose of creating a residential tenancy.

Further duties of database operator

84Allocation of unique identifiers

(1)

The database operator must allocate an identifier (referred to in this Chapter as a “unique identifier”) to each person in respect of whom, and dwelling in respect of which, an entry is made in the database under this Chapter.

(2)

The identifier must be a sequence of letters, numbers or both that enables the person or dwelling to be distinguished from any other person in respect of whom, or dwelling in respect of which, there is an entry in the database.

(3)

This section does not require the database operator to allocate a unique identifier to a person to whom, or dwelling to which, a unique identifier has previously been allocated.

85Other duties

(1)

The database operator must—

(a)

ensure that facilities are available for persons who are unable to use a computer or other electronic device, or do not wish to do so, to make and maintain landlord and dwelling entries in the database,

(b)

ensure that local housing authorities are able to edit the database for the purpose of carrying out the functions conferred on them by or under this Chapter,

(c)

ensure that facilities are available for breaches of any requirement imposed by section 82 to be reported to the database operator and that reports of such breaches are passed on to such local housing authorities as the database operator thinks appropriate, and

(d)

publish advice and information explaining to residential landlords and residential tenants their rights and obligations under this Chapter.

(2)

The database operator must report to the Secretary of State on—

(a)

the performance of the database, and

(b)

any matters or trends relating to the database and the information contained in it that the database operator considers are appropriate to be brought to the attention of the Secretary of State.

(3)

Reports under subsection (2) are to be made at such times, and cover such matters—

(a)

as may be agreed between the database operator and the Secretary of State, or

(b)

in default of such agreement, as the Secretary of State may direct.

(4)

Subsection (2) does not apply if the Secretary of State is the database operator.

Access to and use of information in database

86Access to the database

(1)

The Secretary of State may by regulations—

(a)

specify the information contained in active landlord and dwelling entries in the database, and in entries made in the database under section 83, which the database operator is to make available to the public,

(b)

make provision requiring an active landlord entry and an entry made under section 83 in respect of the same person to be linked,

(c)

in the case of an entry made by a local housing authority in respect of a person under section 83—

(i)

specify the period after which information contained in the entry is to be made available to the public, which must be no less than 21 days beginning with the day on which the entry is made,

(ii)

make provision for the person to be notified by the local housing authority of the period for the purpose of making representations to the authority about any errors in information contained in the entry, and

(iii)

specify the circumstances in which information contained in such an entry is to cease to be available to the public, and

(d)

specify the manner and form in which information is to be made available to the public by the database operator under the regulations.

(2)

The database operator must give access to information in the database to the following—

(a)

lead enforcement authorities,

(b)

local housing authorities,

(c)

local weights and measures authorities in England,

(d)

mayoral combined authorities, as defined by section 107A (8) of the Local Democracy, Economic Development and Construction Act 2009, and

(e)

the Greater London Authority.

(3)

If the Secretary of State is not the database operator, the database operator must give access to information in the database to the Secretary of State.

87Disclosure by database operator etc

(1)

The database operator must not disclose restricted information from the database except—

(a)

in accordance with section 86(2) or (3), or

(b)

where authorised by regulations under this section.

(2)

The Secretary of State may by regulations make provision authorising the disclosure from the database of restricted information where the disclosure is necessary—

(a)

to enable or facilitate compliance with a statutory requirement specified in the regulations,

(b)

to enable or facilitate compliance with a requirement of a rule of law specified in the regulations, or

(c)

to facilitate the exercise of statutory functions specified in the regulations.

(3)

The regulations may—

(a)

specify the manner and form in which the information may be disclosed, and

(b)

impose restrictions on the use and further disclosure of information disclosed under the regulations.

(4)

A disclosure authorised by the regulations does not breach—

(a)

any obligation of confidence owed by the database operator, or

(b)

any other restriction on the disclosure of information (however imposed).

(5)

Nothing in this section or the regulations authorises the making of a disclosure that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section and the regulations).

(6)

A person commits an offence if the person knowingly or recklessly discloses restricted information in contravention of—

(a)

subsection (1), or

(b)

a restriction on further disclosure imposed by regulations under this section.

(7)

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine.

(8)

In this section—

“data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“restricted information” means information that—

(a)

is not made available to the public by virtue of regulations under section 86, and

(b)

relates to and identifies a particular person (including a body corporate).

(9)

For the purposes of subsection (8) information identifies a particular person if the identity of that person—

(a)

is specified in the information,

(b)

can be deduced from the information, or

(c)

can be deduced from the information taken together with any other information.

88Use of information from the database

(1)

A lead enforcement authority may only use information obtained from the database for purposes connected with the authority’s functions under the provisions of the landlord legislation for which it is responsible.

(2)

A local housing authority may only use information obtained from the database for purposes connected with the authority’s functions relating to housing, residential landlords or residential tenancies.

(3)

A local weights and measures authority may only use information obtained from the database for purposes connected with the authority’s functions of enforcing standards relating to housing.

(4)

A mayoral combined authority and the Greater London Authority may only use information obtained from the database for purposes connected with the authority’s functions relating to housing.

Removal of entries

89Removal of entries from database

(1)

The database operator must remove a landlord or dwelling entry from the database if it has been an inactive entry throughout a continuous period of 5 years.

(2)

The database operator must remove an entry made under section 83 at the end of the period of 10 years beginning with the day on which the entry is made.

(3)

But if, in the case of an entry made in respect of a relevant banning order, the ban imposed by the order continues after the end of the period mentioned in subsection (2), that subsection does not apply and the database operator must remove the entry when the ban ends.

Enforcement

90Restriction on gaining possession

(1)

In section 7 of the 1988 Act (orders for possession)—

(a)

in subsection (4), after “then” insert “, subject to subsection (5ZC),”;

(b)

after subsection (5ZB) (inserted by section 3(2)(d) of this Act) insert—

“(5ZC)

The court may not make an order for possession of a dwelling-house while the landlord (or, in the case of joint landlords, any of the joint landlords) is in breach of section 82(3)(a) of the Renters’ Rights Act 2025 in relation to the dwelling-house, unless the ground for possession is Ground 7A in Part 1 of Schedule 2 to this Act or Ground 14 in Part 2 of that Schedule.”

(2)

The Secretary of State may by regulations amend section 7 of the 1988 Act for the purpose of changing—

(a)

the person or persons by whom, or

(b)

the circumstances in which,

a breach of section 82(3)(a) of this Act prevents the making of an order for possession.

91Financial penalties

(1)

A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has—

(a)

breached a requirement imposed by section 82(1), (2) or (3),

(b)

committed an offence under section 92.

(2)

The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than—

(a)

£7,000, if it is imposed under subsection (1)(a), or

(b)

£40,000, if it is imposed under subsection (1)(b).

(3)

More than one financial penalty may be imposed under this section in respect of the same conduct only if—

(a)

the conduct continues after the end of 28 days beginning with the day after that on which the previous penalty in respect of the conduct was imposed on the person, unless the person appeals against the decision to impose the penalty within that period, or

(b)

if the person appeals against the decision to impose the penalty within that period, the conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.

(4)

Subsection (3) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

(5)

No financial penalty may be imposed under this section in respect of any conduct if—

(a)

the person has been convicted of an offence under section 92 in respect of the conduct,

(b)

criminal proceedings for an offence under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or

(c)

criminal proceedings for an offence under that section in respect of the conduct have been concluded and the person has not been convicted.

(6)

The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.

(7)

Local housing authorities must have regard to any guidance issued under subsection (6).

(8)

The Secretary of State may by regulations amend the amounts specified in subsection (2) to reflect changes in the value of money.

(9)

For the purposes of this section and section 92—

(a)

a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and

(b)

“final notice” has the meaning given by paragraph 6 of Schedule 5.

92Offences

(1)

A person commits an offence if the person knowingly or recklessly provides information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under this Chapter.

(2)

A person commits an offence if—

(a)

a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and

(b)

the conduct in respect of which the penalty was imposed continues after the end of the period of 28 days beginning with—

(i)

the day after that on which the penalty was imposed on the person, or

(ii)

if the person appeals against the decision to impose the penalty within that period, the day after that on which the appeal is finally determined, withdrawn or abandoned.

(3)

A person commits an offence if—

(a)

a relevant penalty has been imposed on the person in respect of a breach of a requirement imposed by section 82(1), (2) or (3) and the final notice imposing the penalty has not been withdrawn, and

(b)

the person engages in conduct which constitutes a different breach of such a requirement within the period of five years beginning with the day on which the penalty was imposed.

(4)

A person commits an offence if—

(a)

either—

(i)

a relevant penalty has been imposed on the person in respect of an offence under this section and the final notice imposing the penalty has not been withdrawn, or

(ii)

the person has been convicted of such an offence, and

(b)

the person breaches a requirement imposed by section 82(1), (2) or (3) within the period of five years beginning with the day on which the relevant penalty was imposed or the person was convicted.

(5)

In subsections (2) to (4) “relevant penalty” means a financial penalty which is imposed under section 91 where—

(a)

the period for bringing an appeal against the decision to impose the penalty under paragraph 10 of Schedule 5 has expired without an appeal being brought,

(b)

an appeal against the decision to impose the penalty under that paragraph has been withdrawn or abandoned, or

(c)

the final notice imposing the penalty has been confirmed or varied on appeal.

(6)

A person may not be convicted of an offence under subsections (1), (3) or (4) if a financial penalty has been imposed under section 91 in respect of the same conduct.

(7)

A person guilty of an offence under this section is liable on summary conviction to a fine.

(8)

(9)

Where the affairs of a body corporate are managed by its members, subsection (8) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.

Final provisions

93Power to direct database operator and local housing authorities

(1)

The Secretary of State may from time to time give directions—

(a)

to the database operator about the manner in which it is to exercise its functions, and

(b)

to local housing authorities about the manner in which they are to exercise the functions conferred on them by or under this Chapter.

(2)

Directions under subsection (1) may provide, in particular, that a function is only to be exercised—

(a)

after consultation with the Secretary of State, or

(b)

with the consent of the Secretary of State.

(3)

Subsection (1)(a) does not apply if the Secretary of State is the database operator.

94Entries under section 83: minor and consequential amendments

(1)

The Housing and Planning Act 2016 is amended as follows.

(2)

In section 28 (database of rogue landlords and property agents), after subsection (3) insert—

“(4)

In relation to rogue landlords, see also the database established under section 75 of the Renters’ Rights Act 2025.”

(3)

In section 29 (duty to include person with banning order), after subsection (2) insert—

“(3)

In this section, references to a “banning order” are to a banning order made—

(a)

before the day on which Chapter 3 of Part 2 of the Renters’ Rights Act 2025 comes into force, or

(b)

on or after that day if—

(i)

the order does not ban the person against whom it is made from letting housing in England, or

(ii)

the order relates to an offence to which subsection (4) applies.

(4)

This subsection applies to an offence which was committed by a person who at the time was neither—

(a)

a residential landlord as defined in Part 2 of the Renters’ Rights Act 2025 (see sections 63 and 99(2) of that Act), nor

(b)

marketing a dwelling for the purpose of creating a residential tenancy, as defined for the purposes of that Part of that Act (see section 99(3) to (7) of that Act).”

(4)

In section 30 (power to include person convicted of banning order offence), after subsection (7)—

“(8)

In this section, references to a “banning order offence” are to a banning order offence committed—

(a)

before the day on which Chapter 3 of Part 2 of the Renters’ Rights Act 2025 comes into force, or

(b)

on or after that day if it is an offence to which subsection (9) applies.

(9)

This subsection applies to a banning order offence which was committed by a person who at the time was neither—

(a)

a residential landlord as defined in Part 2 of the Renters’ Rights Act 2025 (see sections 63 and 99(2) of that Act), nor

(b)

marketing a dwelling for the purpose of creating a residential tenancy, as defined for the purposes of that Part of that Act (see section 99(3) to (7) of that Act).”

95Different provision for different purposes: joint landlords

The different provision that may be made in regulations under this Chapter by virtue of section 140(1)(b) includes different provision for joint landlords, for example provision for or in relation to a single landlord entry in respect of joint landlords.

96Interpretation of Chapter 3

(1)

In this Chapter—

“database” means the database established under section 75;

“lead enforcement authority” and “the landlord legislation” have the same meanings as in Part 4;

“relevant banning order” and “relevant banning order offence” have the meanings given by section 83;

“unique identifier” has the meaning given by section 84(1).

(2)

Section 111(6) (lead enforcement authority “responsible” for the provisions of the landlord legislation) applies for the purposes of this Chapter as it applies for the purposes of Part 4.

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”.