Legislation – Renters’ Rights Act 2025

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Introduction

Part 1
Tenancy reform

Chapter 1 Assured tenancies

End of certain kinds of assured tenancy

1 Assured tenancies to be periodic with rent period not exceeding a month

2 Abolition of assured shorthold tenancies

Grounds for possession

3 Changes to grounds for possession

4 Possession for anti-social behaviour: relevant factors

5 Form of notice of proceedings for possession

Rent and other terms

6 Statutory procedure for increases of rent

7 Challenging amount or increase of rent

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

9 Prohibition of rent in advance before lease entered into

10 Repayment of rent paid for days after end of tenancy

11 Right to request permission to keep a pet

Duties of landlords etc

12 Duty of landlord and contractor to give statement of terms etc

13 Other duties

14 Landlords acting through others

Landlords etc: financial penalties and offences

15 Landlords etc: financial penalties and offences

16 Financial penalties: procedure, appeals and enforcement

Landlords etc: supplementary

17 Duties of landlords etc, penalties and offences: interpretation

18 No criminal liability of the Crown under Part 1 of 1988 Act

19 Guarantor not liable for rent payable after tenant’s death

Other changes

20 Notices to quit by tenants under assured tenancies: timing

21 Notices to quit by tenants under assured tenancies: other

22 Limitation on obligation to pay removal expenses

23 Assured agricultural occupancies: grounds for possession

24 Assured agricultural occupancies: opting out etc

25 Accommodation for homeless people: duties of local authority

26 Tenancy deposit requirements

27 Tenant fees

Other amendments

28 Liability of tenants under assured tenancies for council tax

29 Other amendments

Powers of Secretary of State

30 Powers of Secretary of State in connection with Chapter 1

Chapter 2 Tenancies that cannot be assured tenancies

31 Long tenancies and financial services products

32 Accommodation for homeless people or students

Chapter 3 Discrimination in the rental market: England

Discrimination and discriminatory terms: children and benefits status

33 Discrimination relating to children

34 Discrimination relating to benefits status

35 Discriminatory terms in a tenancy relating to children or benefits status

36 Terms in superior leases relating to children or benefits status

37 Terms in mortgages relating to children or benefits status

38 Terms in insurance contracts relating to children or benefits status

Discrimination and discriminatory terms: power to protect others

39 Power of the Secretary of State to protect others

Discrimination: financial penalties

40 Financial penalties for breach of anti-discrimination provisions

Supplementary

41 No prohibition on taking income into account

42 Interpretation of Chapter 3

Chapter 4 Discrimination in the rental market: Wales

Prohibitions of discrimination

43 Discrimination relating to children or benefits status: Welsh language

44 Discrimination relating to children or benefits status: English language

45 Amendment of short title of Renting Homes (Fees etc.) (Wales) Act 2019

Discriminatory terms

46 Amendments of Renting Homes (Wales) Act 2016 regarding discrimination

Supplementary

47 Power of Welsh Ministers to protect others

48 Power of Secretary of State to protect others

49 Regulations

Chapter 5 Discrimination in the rental market: Scotland

Discrimination and discriminatory terms: children and benefits status

50 Discrimination relating to children or benefits status

51 Terms in standard securities relating to children or benefits status

52 Terms in insurance contracts relating to children or benefits status

Discrimination and discriminatory terms: power to protect others

53 Power of Scottish Ministers to protect others

54 Power of Secretary of State to protect others

Supplementary

55 Interpretation of Chapter 5

Chapter 6 Stating the proposed rent and rental bidding

56 Requirement to state rent and to avoid rental bidding

57 Financial penalties

Chapter 7 Miscellaneous

58 Penalties for unlawful eviction or harassment of occupier

59 Abandoned premises under assured shorthold tenancies

60 Remedying of hazards occurring in dwelling-houses in England

61 Remedying of hazards occurring in accommodation in England occupied under licence

62 Student accommodation that is not an HMO

Part 2
Residential landlords

Chapter 1 Meaning of “residential landlord”

63 Meaning of “residential landlord”

Chapter 2 Landlord redress schemes

Landlord redress schemes

64 Landlord redress schemes

65 Approval and designation of landlord redress schemes

66 Financial penalties

67 Offences

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

69 Landlord redress schemes: no Crown status

Guidance

70 Guidance for scheme administrator and local housing authority

Interpretation

71 Interpretation of Chapter 2

Related amendments

72 Housing activities under social rented sector scheme

73 Other amendments connected with landlord redress schemes

74 Local Commissioners’ investigation of complaints by persons who are not tenants

Chapter 3 The Private Rented Sector Database

The database and the database operator

75 The database

76 The database operator

Landlord and dwelling entries

77 Making entries in the database

78 Requirement to keep active entries up-to-date

79 Circumstances in which active entries become inactive and vice versa

80 Verification, correction and removal of entries

81 Fees for landlord and dwelling entries

Marketing, advertising and letting

82 Restrictions on marketing, advertising and letting dwellings

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

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

Further duties of database operator

84 Allocation of unique identifiers

85 Other duties

Access to and use of information in database

86 Access to the database

87 Disclosure by database operator etc

88 Use of information from the database

Removal of entries

89 Removal of entries from database

Enforcement

90 Restriction on gaining possession

91 Financial penalties

92 Offences

Final provisions

93 Power to direct database operator and local housing authorities

94 Entries under section 83: minor and consequential amendments

95 Different provision for different purposes: joint landlords

96 Interpretation of Chapter 3

Chapter 4 Part 2: supplementary provision

97 Financial assistance by Secretary of State

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

99 Interpretation of Part 2

Part 3
Decent homes standard

100 Decent homes standard

101 The standard of MOD accommodation

Part 4
Enforcement

Chapter 1 Sanctions

102 Financial penalties

103 Rent repayment orders: liability of landlords and superior landlords

104 Rent repayment orders: liability of directors etc

105 Unlicensed HMOs and houses: offences

106 Service of improvement notices on landlords and licensors

Chapter 2 Enforcement authorities

107 Enforcement by local housing authorities: general duty

108 Enforcement by local housing authorities: duty to notify

109 Enforcement by county councils: duty to notify

110 Duty to report

111 Lead enforcement authority

112 General duties and powers of lead enforcement authority

113 Enforcement by the lead enforcement authority

Chapter 3 Investigatory powers

Investigatory powers under this Act

114 Power of local housing authority to require information from relevant person

115 Power of local housing authority to require information from any person

116 Enforcement of power to require information from any person

117 Limitation on use of information provided under section 115

118 Business premises: entry without warrant

119 Duties where occupiers are on business premises entered without warrant

120 Business premises: warrant authorising entry

121 Business premises: entry under warrant

122 Power to require production of documents following entry

123 Power to seize documents following entry

124 Access to seized documents

125 Appeal against detention of documents

126 Suspected residential tenancy: entry without warrant

127 Duties where occupiers are on residential premises entered without warrant

128 Suspected residential tenancy: warrant authorising entry

129 Suspected residential tenancy: entry under warrant

130 Powers of accompanying persons

131 Offences

132 Investigatory powers: interpretation

Amendments

133 Additional powers of seizure under Criminal Justice and Police Act 2001

134 Use by local housing authority of certain information

135 Investigatory powers under the Housing Act 2004

136 Client money protection schemes: investigatory powers of local authorities

Part 5
General

137 Interpretation

138 Crown application

139 Application to Parliament

140 Regulations

141 Power of Welsh Ministers to make consequential provision

142 Power of Scottish Ministers to make consequential provision

143 Power of Secretary of State to make consequential provision

144 Extent

145 Commencement

146 Existing assured tenancies to continue as section 4A assured tenancies

147 Fixed term assured tenancy and statutory periodic tenancy to be treated as single assured tenancy

148 Transitional provision

149 Short title

SCHEDULES

Schedule 1 Changes to grounds for possession

Schedule 2 Amendments relating to Chapter 1 of Part 1

Schedule 3 Amendments connected with landlord redress schemes

Schedule 4 Decent homes standard

Schedule 5 Financial penalties

Schedule 6 Transitional provision

Schedules

Schedule 6Transitional provision

Section 146(2)

Part 1Application of Chapter 1 of Part 1 to existing tenancies

Tenancies which become periodic on the commencement date

1

(1)

This paragraph applies to an existing tenancy which becomes a periodic tenancy on the expiry of a fixed term.

(2)

Where the fixed term expires immediately before the commencement date, the amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until immediately after the first periodic term has begun.

Section 1: start of deemed rent period for existing tenancies

2

In relation to an existing tenancy, section 4A of the 1988 Act (inserted by section 1) is to be read as if—

(a)

in subsection (3), for the words before paragraph (a), there were substituted “Terms of an assured tenancy which provide for the rent periods are of no effect, so far as relating to rent periods beginning on or after the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025), unless each rent period beginning on or after that date is—”;

(b)

in subsection (5), for paragraph (a) (and the “and” following it) there were substituted—

“(a)

for successive rent periods of one month beginning—

(i)

if the commencement date is a date on which a rent period would, but for subsection (3), have begun, with the commencement date, or

(ii)

otherwise, with the day after the last day of the rent period within which the commencement date falls, and”;

(c)

in subsection (6), for “R is the rent that would have been due for the first rent period of the tenancy under the terms that are of no effect by virtue of subsection (3)” there were substituted “R is the rent due for the rent period before the first rent period provided for by subsection (5)(a).

Section 2: claim form for section 21 possession proceedings already requested

3

(1)

This paragraph applies where—

(a)

before the commencement date—

(i)

a valid notice under section 21 of the 1988 Act has been given, and

(ii)

the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and

(b)

immediately before the commencement date, possession proceedings have not begun or have not been concluded.

(2)

The notice under section 21 remains valid until possession proceedings are concluded.

(3)

The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

(4)

In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”

““commencement date” means the date on which, by virtue of paragraph 3 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.

(5)

In this paragraph “possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.

Section 2: claim form for section 21 possession proceedings not already requested

4

(1)

This paragraph applies where, before the commencement date—

(a)

a valid notice under section 21 of the 1988 Act has been given, and

(b)

the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.

(2)

Section 21 of the 1988 Act has effect as if the following were substituted for subsections (4D) and (4E)—

“(4D)

Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun if the claimant in the proceedings requests the court to issue the claim for the proceedings after the end of the applicable period.

(4DA)

For that purpose the “applicable period” is—

(a)

the period of six months beginning with the date on which the notice was given under subsection (1) or (4), or

(b)

the period of three months beginning with the commencement date, if this three month period ends before the six month period mentioned in paragraph (a).

(4E)

Where—

(a)

a notice under subsection (4) has been given in relation to a dwelling-house in England, and

(b)

paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given,

proceedings for an order for possession under this section may not be begun if the claimant in the proceedings requests the court to issue the claim for the proceedings after the end of the applicable period.

(4EA)

For that purpose the “applicable period” is—

(a)

the period of four months beginning with the date specified in the notice, or

(b)

the period of three months beginning with the commencement date, if this three month period ends before the four month period mentioned in paragraph (a).

(4EB)

In subsections (4DA) and (4EA)commencement date” has the meaning given by section 146 of the Renters’ Rights Act 2025.”

(3)

The notice under section 21 remains valid—

(a)

until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;

(b)

until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.

(4)

The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (3) (and accordingly the tenancy remains an assured shorthold tenancy until then).

(5)

In relation to a tenancy to which sub-paragraph (4) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”

““commencement date” means the date on which, by virtue of paragraph 4 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.

(6)

In this paragraph—

applicable period”, in relation to possession proceedings, has the same meaning that it has in relation to those proceedings in section 21 of the 1988 Act as modified by sub-paragraph (2);

possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.

Section 3(2)(g): saving of section 7(7) in relation to tenancies where fixed term ends before commencement date

5

Section 7(7) of the 1988 Act continues to apply after the commencement date, despite section 3(2)(g), in relation to an existing tenancy that was a fixed term tenancy before the commencement date.

Section 6: no effect on rent increases before commencement date

6

The amendments made by section 6 do not affect the validity of any increase in rent under an existing tenancy, before the commencement date, in reliance on a provision—

(a)

which was at the time binding on the tenant, and

(b)

under which the rent for a particular period of the tenancy would or might be greater than the rent for an earlier period.

Sections 12, 13 and 15: provision of information in writing

7

(1)

Where an existing tenancy is wholly or partly in writing—

(a)

section 16D and 16E(1)(f) of the 1988 Act (inserted by sections 12 and 13) do not apply;

(b)

section 16I(1) of that Act (inserted by section 15) is to be read as if for “contravened section 16D” there were substituted “contravened paragraph 7(2) of Schedule 6 to the Renters’ Rights Act 2025”.

(2)

The landlord under any existing tenancy that is wholly or partly in writing—

(a)

must give the tenant any information in writing about the changes made by this Act which is required to be given by regulations made by the Secretary of State; and

(b)

must do so before the end of the period of one month beginning with the commencement date.

(3)

Where a landlord referred to in sub-paragraph (2) has entered into a contract with a person which requires that person to ensure compliance with that sub-paragraph (whether or not it is referred to individually), sub-paragraph (2) also applies to that person, as it applies to the landlord.

(4)

Regulations under sub-paragraph (2) may—

(a)

provide for the information to be given in the form of a document produced by the Secretary of State;

(b)

provide that the document to be given is the version that has effect at the time the requirement applies.

(5)

Where an existing tenancy is wholly oral, section 16D(4) of the 1988 Act (inserted by section 12) is to be read as if, for “before the tenancy is entered into” there were substituted “before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.

(6)

Regulations under sub-paragraph (2)

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(7)

A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 15: no liability in respect of conduct before commencement date

8

Conduct engaged in, in relation to an existing tenancy, before the commencement date—

(a)

does not give rise to liability to a financial penalty under section 16I or 16K of the 1988 Act (inserted by section 13), and

(b)

does not constitute an offence under section 16J (as so inserted).

Section 20: no effect on notice to quit given before commencement date

9

The amendment made by section 20 does not affect the validity of any notice given under section 5 of the Protection from Eviction Act 1977 in relation to an existing tenancy before the commencement date.

Section 24: existing opt-out notices for assured agricultural occupancies

10

Where an existing tenancy would be an assured agricultural occupancy but for a notice served under paragraph 9(2) of Schedule 2A to the 1988 Act, the tenancy is to be treated for the purposes of Chapter 3 of Part 1 of the 1988 Act as amended by this Act, on and after the commencement date, as a tenancy in relation to which an opt-out notice has been served under section 24A of the 1988 Act (inserted by section 24 of this Act).

Section 26: tenancy deposits

11

The amendments made by section 26 do not apply in relation to an existing tenancy that, immediately before the commencement date, was an assured tenancy other than an assured shorthold tenancy.

Section 27: tenant fees

12

The amendments made by section 27 do not apply in relation to an existing tenancy that, immediately before the commencement date, was an assured tenancy other than an assured shorthold tenancy.

Schedule 1: student accommodation ground

13

(1)

In relation to an existing tenancy, ground 4A in Schedule 2 to the 1988 Act has effect as if—

(a)

in the first paragraph, the following were substituted for paragraphs (b) and (c)—

“(b)

either or both of the following applies—

(i)

the tenant met the student test when the tenancy was entered into;

(ii)

the tenant meets the student test when the written statement referred to in paragraph (c) is given,

(c)

the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025), a written statement of the landlord’s wish to be able to recover possession on the basis that—

(i)

the condition in paragraph (b) is met, and

(ii)

the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into,”;

(b)

paragraph (d) were omitted;

(c)

the following were substituted for the second and third paragraphs—

  • “For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets, or met, the student test at a particular time if—

    1. (a)

      the tenant is, or was, a full-time student at that time, or

    2. (b)

      at that time, the landlord reasonably believes, or believed, that the tenant would become a full-time student during the tenancy.

    But, in a case where two or more persons are or would be, or were, the tenant, the tenant does not, or did not, meet the student test unless all of those persons meet, or met, that test.”

(2)

In relation to an existing tenancy which is a qualifying student tenancy, ground 4A in Schedule 2 to the 1988 Act has effect—

(a)

subject to the modifications in sub-paragraph (1) of this paragraph, and

(b)

additionally as if, in the first paragraph of ground 4A, paragraphs (a) and (e) were omitted.

(3)

For the purposes of this paragraph, an existing tenancy is a “qualifying student tenancy” if any of the following is a member of a specified housing management code of practice—

(a)

the landlord;

(b)

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

(c)

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.

(4)

In sub-paragraph (3)

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);

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

(a)

the provision of services, or

(b)

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

specified” means specified in regulations made by the Secretary of State.

Schedule 1: stepping stone accommodation ground

14

In relation to an existing tenancy, paragraph (b) in Ground 5H in Schedule 2 to the 1988 Act is to be read as if after “agreement” there were inserted “or a written statement given to the tenant before the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.

Schedule 1: redevelopment ground

15

In relation to an existing tenancy, paragraph (c) in case C where the “additional RSL condition” is met in Ground 6 in Schedule 2 to the 1988 Act is to be read as if for “before the tenancy was entered into” there were substituted “before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.

Claim form for section 8 possession proceedings already requested

16

(1)

This paragraph applies where—

(a)

before the commencement date—

(i)

a valid notice under section 8 of the 1988 Act has been given, and

(ii)

the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and

(b)

immediately before the commencement date, possession proceedings have not begun or have not been concluded.

(2)

The notice under section 8 remains valid until possession proceedings are concluded.

(3)

The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

(4)

In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”

““commencement date” means the date on which, by virtue of paragraph 16 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.

(5)

In this paragraph “possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.

Claim form for section 8 possession proceedings not already requested

17

(1)

This paragraph applies where, before the commencement date—

(a)

a valid notice under section 8 of the 1988 Act has been given, and

(b)

the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.

(2)

The notice under section 8 remains valid—

(a)

until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;

(b)

until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.

(3)

The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

(4)

In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”

““commencement date” means the date on which, by virtue of paragraph 17 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.

(5)

In this paragraph—

applicable period”, in relation to possession proceedings—

(a)

the period of twelve months included in the notice under section 8 of the 1988 Act in accordance with subsection (3)(c) of that section, or

(b)

the period of three months beginning with the commencement date, if this three month period ends before the twelve month period mentioned in paragraph (a);

possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.

Interpretation

18

In this Schedule “commencement date” and “existing tenancy” have the meanings given by section 146.

Part 2Existing instruments which permit or require letting etc

Key definitions

19

(1)

“Residential premises” are premises that consist of or include one or more dwelling-houses in England.

(2)

A lease of residential premises (whether or not in writing) is a “relevant pre-application instrument” if it was entered into—

(a)

before the commencement date, or

(b)

on or after that date under a contract entered into before that date.

(3)

A mortgage arrangement which relates to residential premises is a “relevant pre-application instrument” if it was entered into—

(a)

before the commencement date, or

(b)

on or after that date by the acceptance of an offer made before that date.

(4)

A contract of insurance which relates to residential premises is a “relevant pre-application instrument” if it was entered into—

(a)

before the commencement date, or

(b)

on or after that date by the acceptance of an offer made before that date.

(5)

A section 106 obligation is a “relevant pre-application instrument” if it was entered into before the commencement date.

(6)

In relation to a relevant pre-application instrument, “affected dwelling-house” means—

(a)

if the relevant pre-application instrument is a lease, the dwelling-house, or each dwelling-house, let by the lease;

(b)

if the relevant pre-application instrument is a mortgage arrangement, the dwelling-house, or each dwelling-house, to which the mortgage arrangement relates;

(c)

if the relevant pre-application instrument is a contract of insurance, the dwelling-house, or each dwelling-house, to which the contract of insurance relates;

(d)

if the relevant pre-application instrument is a section 106 obligation, the dwelling-house, or each dwelling-house, to which the section 106 obligation relates.

(7)

In relation to times before the commencement date, an assured tenancy is a “relevant” assured tenancy if—

(a)

it is not an assured shorthold tenancy,

(b)

it is a periodic tenancy, and

(c)

each period of the tenancy is—

(i)

a period of 28 days or shorter, or

(ii)

a monthly period,

including where there are different periods at different times, each of which falls within sub-paragraph (i) or (ii).

(8)

In relation to times on or after the commencement date, an assured tenancy is a “relevant” assured tenancy if—

(a)

it is a periodic tenancy, and

(b)

each period of the tenancy is—

(i)

a period of 28 days or shorter, or

(ii)

a monthly period,

including where there are different periods at different times, each of which falls within sub-paragraph (i) or (ii).

Saving for existing powers to vary

20

Nothing in this Part of this Schedule prevents a relevant pre-application instrument from being varied or modified by the parties to it (and accordingly paragraphs 21 to 26 and paragraph 28 are subject to any such variation or modification).

Relevant pre-application instruments that permit letting on tenancies that are no longer possible

21

(1)

This paragraph applies to a relevant pre-application instrument if either or both of conditions A and B are met in relation to the affected dwelling-house.

(2)

Condition A: immediately before the commencement date, the relevant pre-application instrument—

(a)

permitted the affected dwelling-house to be let under an assured shorthold tenancy, but

(b)

did not permit the affected dwelling-house to be let under a relevant assured tenancy.

(3)

Condition B: immediately before the commencement date, the relevant pre-application instrument—

(a)

permitted the affected dwelling-house to be let under an assured tenancy (other than an assured shorthold tenancy), but

(b)

did not permit the affected dwelling-house to be let under a relevant assured tenancy.

(4)

The relevant pre-application instrument has effect on and after the commencement date as if it permits the affected dwelling-house to be let under a relevant assured tenancy.

(5)

That power to let under a relevant assured tenancy is exercisable in the same circumstances, and on the same terms, as the pre-commencement power to let was exercisable immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

(6)

In this paragraph “pre-commencement power to let” means—

(a)

if only condition A is met, the power to let mentioned in sub-paragraph (2)(a);

(b)

if only condition B is met, the power to let mentioned in sub-paragraph (3)(a);

(c)

if conditions A and B are both met, the power to let mentioned in sub-paragraph (3)(a).

Relevant pre-application instruments that permit letting on tenancies that continue to be possible

22

(1)

This paragraph applies to a relevant pre-application instrument if, immediately before the commencement date, the relevant pre-application instrument permitted the affected dwelling-house to be let under a relevant assured tenancy.

(2)

That power to let under a relevant assured tenancy continues to be exercisable in the same circumstances, and on the same terms, as it was exercisable immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Relevant pre-application instruments that require letting on tenancies that are no longer possible

23

(1)

This paragraph applies to a relevant pre-application instrument if either or both of conditions A and B are met.

(2)

Condition A: immediately before the commencement date—

(a)

the relevant pre-application instrument required the affected dwelling-house to be let, and

(b)

that requirement—

(i)

would have been complied with by letting the affected dwelling-house under an assured shorthold tenancy, but

(ii)

would not have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

(3)

Condition B: immediately before the commencement date—

(a)

the relevant pre-application instrument required the affected dwelling-house to be let, and

(b)

that requirement—

(i)

would have been complied with by letting the affected dwelling-house under an assured tenancy (other than an assured shorthold tenancy), but

(ii)

would not have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

(4)

The relevant pre-application instrument has effect on and after the commencement date as if it requires the affected dwelling-house to be let under a relevant assured tenancy.

(5)

That requirement to let under a relevant assured tenancy must be complied with in the same circumstances, and on the same terms, as the pre-commencement requirement had to be complied with immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

(6)

In this paragraph “pre-commencement requirement” means—

(a)

if only condition A is met, the requirement to let mentioned in sub-paragraph (2)(b)(i);

(b)

if only condition B is met, the requirement to let mentioned in sub-paragraph (3)(b)(i);

(c)

if conditions A and B are both met, the requirement to let mentioned in sub-paragraph (3)(b)(i).

Relevant pre-application instruments that require letting on tenancies that continue to be possible

24

(1)

This paragraph applies to a relevant pre-application instrument if, immediately before the commencement date—

(a)

the relevant pre-application instrument required the affected dwelling-house to be let, and

(b)

that requirement would have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

(2)

That requirement to let under a relevant assured tenancy must still be complied with in the same circumstances, and on the same terms, as it had to be complied with immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Pre-commencement s.106 obligations with provision relating to letting on terms that are no longer possible

25

(1)

This paragraph applies to a pre-application section 106 obligation if, immediately before the commencement date, it prevented or restricted the taking of particular action unless or until the affected dwelling-house was let under a superseded tenancy.

(2)

On and after the commencement date, the pre-application section 106 obligation has effect as if it prevents or restricts the taking of the particular action unless or until the affected dwelling-house is let under a relevant assured tenancy.

(3)

Any such letting under a relevant assured tenancy is to be made in the same circumstances, and on the same terms, as a letting under a superseded tenancy immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Pre-commencement s.106 obligations with provision relating to letting on terms that continue to be possible

26

(1)

This paragraph applies to a pre-application section 106 obligation if, immediately before the commencement date—

(a)

provision of the pre-application section 106 obligation prevented or restricted the taking of particular action unless or until the affected dwelling-house was let, and

(b)

that provision would have ceased to prevent or restrict that action if the affected dwelling-house was let under a relevant assured tenancy.

(2)

Such a letting under a relevant assured tenancy must still be made in the same circumstances, and on the same terms, as a letting under a relevant assured tenancy immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

Requirements under the Community Infrastructure Regulations 2010

27

(1)

This paragraph applies where—

(a)

a planning permission is granted before the commencement date on a relevant determination,

(b)

the planning permission was granted on the basis of a pre-application section 106 obligation, and

(c)

at the time the planning permission was granted, the pre-application section 106 obligation met the requirements under regulation 122(2) of the Community Infrastructure Regulations 2010.

(2)

On and after the commencement date any effect of this Part is to be disregarded when considering whether the pre-application section 106 obligation continues to meet those requirements.

(3)

In this paragraph “relevant determination” has the meaning given by regulation 122(3) of the Community Infrastructure Regulations 2010.

Leases which cannot be returned at end of term free of sub-lease

28

(1)

This paragraph applies to a lease if—

(a)

the lease was entered into before the commencement date or under a contract entered into before that date,

(b)

the lease is—

(i)

periodic, or

(ii)

a fixed term lease of a term certain not exceeding 21 years,

(c)

the lease is modified by paragraph 21 or 23,

(d)

a dwelling-house is sub-let under the lease on a tenancy (entered into before or after the commencement date) which is (or becomes on or after that date, by virtue of this Act or otherwise) a relevant assured tenancy, and

(e)

the tenancy was entered into in accordance with the terms of the lease as they stood when the tenancy was entered into (or, if it was not, the breach has been waived by the landlord).

(2)

The lease has effect as if it provided that a failure by the lessee at the end of the lease to return the premises to the landlord free from the relevant assured tenancy does not constitute a breach of the lease.

Application to agreements etc relating to leases, mortgage arrangements or contracts of insurance

29

In this Part of this Schedule references to a lease, mortgage arrangement or contract of insurance, and references to the terms of a lease, mortgage arrangement or contract of insurance, include references to—

(a)

the terms of any agreement relating to the lease, mortgage arrangement, or contract of insurance, and

(b)

any document or communication from a party to the lease, mortgage arrangement, or contract of insurance, which gives or refuses consent for letting in relation to a category or description of tenancy.

Application to sub-letting

30

(1)

In a case where the relevant pre-application instrument is a lease, a reference in this Part of this Schedule to a letting of the affected dwelling-house is a reference to a sub-letting of those premises under that lease or any inferior lease.

(2)

In the case of any other relevant pre-application instrument, a reference in this Part of this Schedule to a letting of the affected dwelling-house includes a reference to a sub-letting of those premises under any lease or inferior lease of those premises.

Application in certain circumstances

31

(1)

In a case where a relevant pre-application instrument—

(a)

gave, or gives, a discretion whether to let an affected dwelling-house, but

(b)

required, or requires, the affected dwelling-house to be let under a tenancy of a particular description if it is let,

the instrument is to be regarded as permitting (and not as requiring) the dwelling-house to be let under that description of tenancy (and this Part of this Schedule applies accordingly).

(2)

The following provisions of this paragraph apply if there are two or more affected dwelling-houses in relation to the relevant pre-application instrument.

(3)

This Part of this Schedule applies separately in relation to each of those dwelling-houses.

(4)

But, if any term of the instrument is such that it gave, or gives, a discretion as to which particular dwelling-house or dwelling-houses the term applies to, this Schedule does not affect that discretion (but the term otherwise has effect subject to this Part of this Schedule).

Power to disapply or modify this Part

32

(1)

The Secretary of State may by regulations disapply or modify the effect of this Part of this Schedule in relation to relevant pre-application instruments of a specified description.

(2)

Where the Secretary of State makes regulations under this paragraph disapplying the effect of this Part, the fact that this Schedule has previously applied in relation to a relevant pre-application instrument does not prevent the exercise of the powers in section 148(7)(b) in relation to the relevant pre-application instrument.

Meaning of “permitting” letting

33

A relevant pre-application instrument permitted, or permits, the affected dwelling-house to be let under a tenancy of a particular description if letting the affected dwelling-house under a tenancy of that description would not have breached the terms of the relevant pre-application instrument.

Interpretation

34

In this Part of this Schedule—

affected dwelling-house” has the meaning given in paragraph 19(6);

assured shorthold tenancy” is to be read in accordance with Part 1 of the 1988 Act as it had effect immediately before the commencement date;

assured tenancy”, in relation to a time before the commencement date, is to be read in accordance with Part 1 of the 1988 Act as it had effect at that time;

the commencement date” has the meaning given by section 146(3);

contract of insurance” has the meaning given by article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;

dwelling-house” has the same meaning as in Part 1 of the 1988 Act — see section 45 of that Act);

mortgage arrangement which relates to residential premises” or “mortgage arrangement” means an arrangement under which—

(a)

credit is or continues to be provided to a person, and

(b)

the obligation of the person to repay is secured by a legal or equitable mortgage or other charge on the residential premises;

pre-application section 106 obligation” means a section 106 obligation that was entered into before the commencement date;

relevant assured tenancy” has the meaning given in paragraph 19(7) and (8);

relevant pre-application instrument” has the meaning given in paragraph 19(2) to (5);

residential premises” has the meaning given in paragraph 19(1);

section 106 obligation” means a planning obligation under section 106 of the Town and Country Planning Act 1990;

superseded tenancy” means—

(a)

an assured shorthold tenancy, and

(b)

an assured tenancy (other than an assured shorthold tenancy) that is not a relevant assured tenancy.