Legislation – Renters’ Rights Act 2025

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Part 4Enforcement

Chapter 2Enforcement authorities

107Enforcement by local housing authorities: general duty

(1)

It is the duty of every local housing authority to enforce the landlord legislation in its area.

(2)

But the duty in subsection (1) does not prevent a local housing authority from taking enforcement action in respect of a breach of, or an offence under, the landlord legislation which occurs outside of its area.

(3)

The duty is also subject to sections 108(3) (enforcement by another local housing authority), 109(3) (enforcement by county council in England which is not a local housing authority) and 113(4) (enforcement by the lead enforcement authority).

(4)

A county council in England which is not a local housing authority may—

(a)

enforce the landlord legislation;

(b)

for that purpose, exercise any powers that a local housing authority may exercise for the purposes of enforcing that legislation.

(5)

In this Part “the landlord legislation” means—

(a)

Chapters 3 and 6 of Part 1 of this Act,

(b)

Part 2 of this Act,

(c)

sections 1 and 1A of the Protection from Eviction Act 1977, and

(d)

Chapter 1 of Part 1 of the 1988 Act.

(6)

For the purposes of this Part, a reference to taking enforcement action is a reference to—

(a)

imposing a financial penalty, or

(b)

instituting proceedings against a person for an offence,

under the landlord legislation.

108Enforcement by local housing authorities: duty to notify

(1)

Where a local housing authority (“LA1”) proposes to take enforcement action in respect of a breach of, or an offence under, the landlord legislation which occurs (or which also occurs) in the area of another local housing authority (“LA2”), LA1 must notify LA2 that it proposes to do so.

(2)

If LA1 notifies LA2 under subsection (1) but does not take the action referred to in that subsection, LA1 must notify LA2 of that fact.

(3)

Where a local housing authority receives a notification under subsection (1), the authority is relieved of the duty under section 107(1) in relation to the breach or offence unless the authority receives a notification under subsection (2).

(4)

Subsection (5) applies where—

(a)

a local housing authority (“LA1”) has imposed a financial penalty under the landlord legislation,

(b)

the breach or offence to which the penalty relates occurred in the area of another local housing authority (“LA2”), and

(c)

the final notice imposing the penalty has not been withdrawn.

(5)

LA1 must notify LA2 as soon as reasonably practicable if—

(a)

the period for bringing an appeal against the penalty expires without an appeal being brought,

(b)

an appeal against the penalty is withdrawn or abandoned, or

(c)

the final notice imposing the penalty is confirmed or varied on appeal.

(6)

Subsection (7) applies where—

(a)

a local housing authority (“LA1”) has instituted proceedings against a person for an offence under the landlord legislation, and

(b)

the conduct to which the offence relates occurred in the area of another local housing authority (“LA2”).

(7)

LA1 must notify LA2 as soon as reasonably practicable if the person is convicted of the offence.

109Enforcement by county councils: duty to notify

(1)

A county council in England—

(a)

which is not a local housing authority, and

(b)

which proposes to take enforcement action in respect of a breach of, or an offence under, the landlord legislation,

must notify any local housing authority in whose area the breach or offence occurred.

(2)

If the county council notifies a local housing authority under subsection (1) but does not take the action referred to in that subsection, it must notify the local housing authority of that fact.

(3)

(4)

Subsection (5) applies where—

(a)

a county council in England which is not a local housing authority has imposed a financial penalty in respect of a breach of, or an offence under, the landlord legislation, and

(b)

the final notice imposing the penalty has not been withdrawn.

(5)

The county council must as soon as reasonably practicable notify any local housing authority in whose area the breach or offence occurred if—

(a)

the period for bringing an appeal against the penalty expires without an appeal being brought,

(b)

an appeal against the penalty is withdrawn or abandoned, or

(c)

the final notice imposing the penalty is confirmed or varied on appeal.

(6)

A county council in England—

(a)

which is not a local housing authority, and

(b)

which institutes proceedings against a person for an offence under the landlord legislation,

must as soon as reasonably practicable notify any local housing authority in whose area the offence occurred if the person is convicted of the offence.

110Duty to report

(1)

A local housing authority, or a county council which is not a local housing authority, must report to the Secretary of State on the exercise of its functions under the landlord legislation.

(2)

A report under subsection (1) must—

(a)

be provided at such time and in such form as the Secretary of State requires, and

(b)

contain such information as the Secretary of State requires.

111Lead enforcement authority

(1)

The Secretary of State may make arrangements for a relevant person to be the lead enforcement authority for the purposes of any provisions of the landlord legislation.

(2)

The arrangements may include arrangements—

(a)

for payments by the Secretary of State;

(b)

about bringing the arrangements to an end.

(3)

The Secretary of State may by regulations made by statutory instrument make transitional or saving provision which applies when there is a change in the lead enforcement authority for any provisions of the landlord legislation.

(4)

The regulations may relate to a specific change in the lead enforcement authority or to changes that might arise from time to time.

(5)

In this Part—

“lead enforcement authority” means a relevant person which the Secretary of State has arranged to be a lead enforcement authority under subsection (1);

“relevant person” means—

(a)

a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

(b)

the Greater London Authority, or

(c)

a local housing authority.

(6)

For the purposes of this Part, a lead enforcement authority is “responsible” for the provisions of the landlord legislation for the purposes of which it is such an authority under arrangements made under subsection (1).

112General duties and powers of lead enforcement authority

(1)

A lead enforcement authority must oversee the operation of the provisions for which it is responsible.

(2)

A lead enforcement authority must provide—

(a)

relevant local authorities, and

(b)

the public in England,

with information and advice about the operation of the provisions for which it is responsible, in such form and manner as the lead enforcement authority considers appropriate.

(3)

A lead enforcement authority may disclose information to a relevant local authority for the purposes of enabling that authority to determine whether there has been a breach of, or an offence under, the provisions for which the lead enforcement authority is responsible.

(4)

A lead enforcement authority may issue guidance to relevant local authorities about the exercise of their functions under any of the provisions for which it is responsible.

(5)

Relevant local authorities must have regard to any guidance issued under subsection (4).

(6)

A lead enforcement authority must keep under review and from time to time advise the Secretary of State about the following—

(a)

the operation of the landlord provisions for which it is responsible;

(b)

social and commercial developments relating to tenancies in England, other than tenancies of social housing, so far as it considers those developments relevant to the provisions for which it is responsible.

(7)

The Secretary of State may give a lead enforcement authority directions as to the exercise of any of its functions.

(8)

A direction may relate to all or particular kinds of relevant local authorities and may make different provision for different purposes.

(9)

In this section—

“relevant local authority” means—

(a)

a local housing authority, or

(b)

a county council in England which is not a local housing authority;

“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008;

“tenancies” includes licences to occupy.

113Enforcement by the lead enforcement authority

(1)

A lead enforcement authority may—

(a)

take steps to enforce the provisions for which it is responsible where it considers it necessary or expedient to do so;

(b)

for that purpose, exercise any powers that a local housing authority may exercise for the purpose of the enforcement of those provisions.

(2)

Where a lead enforcement authority proposes to take steps under subsection (1) in respect of a breach of, or an offence under, the provisions for which it is responsible, it must notify the local housing authority in whose area the breach or offence occurred that it proposes to do so.

(3)

If a lead enforcement authority notifies a local housing authority under subsection (2) but does not take the steps referred to in that subsection, the lead enforcement authority must notify the local housing authority of that fact.

(4)

Where a local housing authority receives a notification under subsection (2), the authority is relieved of the duty under section 107(1) in relation to the breach or offence unless the authority receives a notification under subsection (3).

(5)

But a lead enforcement authority may require a local housing authority to assist the lead enforcement authority in taking the steps referred to in subsection (1).

(6)

A relevant local authority must report to a lead enforcement authority, whenever the lead enforcement authority requires and in such form and with such particulars as it requires, on the exercise of that relevant local authority’s functions under the provisions for which the lead enforcement authority is responsible.

(7)

The powers of a local housing authority referred to in subsection (1)(b) include the power to authorise persons to exercise powers of officers under Chapter 3 (see section 132(2)).

(8)

Section 126(10) is to be read, in relation to an officer of a lead enforcement authority, as if—

(a)

the reference to a deputy chief officer whose duties relate to a purpose within subsection (1)(b) of that section were a reference to—

(i)

a person who is employed by, or acts on the instructions of, the body which is the lead enforcement authority and has overall responsibility for the exercise of the functions of that body in that capacity (“the head of the lead enforcement authority”), or

(ii)

a person who is employed by, or acts on the instructions of, the lead enforcement authority, and has been authorised by the head of the lead enforcement authority to give special authorisations within the meaning of section 126, and

(b)

paragraph (b)(ii) were omitted.

(9)

In this section “relevant local authority” has the same meaning as in section 112.