Legislation – Renters’ Rights Act 2025

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Part 4Enforcement

Chapter 2Enforcement authorities

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.