Legislation – Renters’ Rights Act 2025

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Part 5General

148Transitional provision

(1)

The Welsh Ministers may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any provision of Chapter 4 of Part 1.

(2)

The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of any provision of Chapter 5 of Part 1 (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), as a result of which such regulations are to be made by Scottish statutory instrument).

(3)

The Secretary of State may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any other provision of this Act.

(4)

The power to make regulations under subsection (1) includes power to provide for a provision of Chapter 4 of Part 1 to apply (with or without modifications) in relation to occupation contracts granted, renewed or continued, or advertising begun, before the date on which the provision comes into force.

(5)

The power to make regulations under subsection (2) includes power to provide for a provision of Chapter 5 of Part 1 to apply (with or without modifications) in relation to tenancies entered into, or advertising begun, before the date on which the provision comes into force.

(6)

The power to make regulations under subsection (3) includes power to amend or repeal any provision made by Part 2 of Schedule 6 to this Act.

(7)

The power to make regulations under subsection (3) includes—

(a)

power to provide for a provision of this Act to apply (with or without modifications) in relation to tenancies or licences entered into, or advertising begun, before the date on which the provision comes into force, and

(b)

power to provide for pre-application instruments which the Secretary of State considers do not (or will not) operate appropriately as a result of any provision of Chapter 1 or 2 of Part 1 to—

(i)

have effect with specified modifications, or

(ii)

cease to have effect (in whole or in part).

(8)

For the purposes of subsection (7)(b)—

(a)

“pre-application instrument” means an agreement or other instrument entered into—

(i)

before the commencement date, or

(ii)

on or after that date either under a contract entered into before that date or by the acceptance of an offer made before that date;

(b)

the circumstances in which the Secretary of State may consider that a pre-application instrument does not operate appropriately as a result of Chapter 1 or 2 of Part 1 include (but are not limited to) those in which—

(i)

as a result of any provision of Chapter 1 or 2 of Part 1, provision made by the instrument is to any extent spent, obsolete, unnecessary or otherwise not of practical utility;

(ii)

as a result of any provision of Chapter 1 or 2 of Part 1, it is unclear what the effect is of provision made by the instrument;

(iii)

as a result of any provision of Chapter 1 or 2 of Part 1, a person may be placed in breach of obligations arising under the instrument or made subject to more burdensome obligations under the instrument;

(iv)

the instrument makes direct or indirect reference to fixed term assured tenancies or assured shorthold tenancies (within the meaning of Part 1 of the 1988 Act as it had effect immediately before the commencement date);

(v)

the instrument makes direct or indirect reference to periodic assured tenancies that are not relevant assured tenancies within the meaning given by Part 2 of Schedule 6;

(vi)

the instrument otherwise makes direct or indirect reference to any enactment as it had effect before being amended by Chapter 1 or 2 of Part 1.

(9)

Regulations made by virtue of subsection (7)(b) must provide that they do not prevent—

(a)

the variation or revocation of provision modified by the regulations, or

(b)

the re-making of provision that has ceased to have effect as a result of the regulations.

(10)

Regulations made by virtue of subsection (7)(b) may apply to an instrument as it has effect in relation to times before the coming into force of the regulations but after the day on which Chapter 1 or 2 of Part 1 (as the case may be) comes into force.

(11)

A statutory instrument containing (whether alone or with other provision) regulations under subsection (3) that—

(a)

fall within subsection (7)(b), or

(b)

amend or repeal provision made by Part 2 of Schedule 6 to this Act,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(12)

In this section “the commencement date” has the meaning given by section 146(3).

(13)

The powers under this section include power to make different provision for different purposes.