Legislation – Renters’ Rights Act 2025

“Duties of landlords etc, penalties and offences: interpretation

16MDuties of landlords etc, penalties and offences: interpretation

(1)

In sections 16D to 16L, Schedule 2ZA and this section—

“legal representative” means a person carrying on a legal activity, within the meaning of the Legal Services Act 2007, in the course of a business, where the person—

(a)

is an authorised person in relation to a reserved legal activity for the purposes of that Act, or

(b)

is of a description specified for the purposes of this section in regulations made by the Secretary of State;

“local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London (in its capacity as a local authority) or the Council of the Isles of Scilly;

“purported notice of possession” means any written document which is not in accordance with section 8 but which (however expressed)—

(a)

purports to be a notice under section 8, or

(b)

purports to bring an assured tenancy to an end or to require that it is brought to an end (by reference to a ground in Schedule 2 or otherwise),

and is not a claim form or a document produced pursuant to proceedings in the court for possession of the dwelling-house;

“relevant person”, in relation to a tenancy, means—

(a)

the landlord,

(b)

a person acting on behalf of the landlord otherwise than as a legal representative, or

(c)

a person purporting to act on behalf of the landlord.

(2)

For the purposes of 16D to 16L a person relies on a ground in Schedule 2 in relation to a tenancy where the person—

(a)

serves on the tenant a notice under section 8, or a purported notice of possession, asserting that the landlord is, will or may be able to obtain an order for possession on that ground, or

(b)

having not done anything within paragraph (a) in relation to the ground, files a claim form or particulars of claim with the court, for the purpose of beginning proceedings for possession on that ground.

(3)

In section 16E “the restricted period” is to be read in accordance with subsections (4) to (7).

(4)

Subject to subsections (5) to (7) “the restricted period” means—

(a)

in relation to a relevant person relying on Ground 1 or 1A in a notice under section 8 or a purported notice of possession (see subsection (2)(a)), the period—

(i)

beginning with the date on which the notice or purported notice is served, and

(ii)

ending with the last day of the period of twelve months beginning with the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin;

(b)

in relation to a relevant person relying on Ground 1 or 1A in a claim form or particulars of claim (see subsection (2)(b)), the period of twelve months beginning with the date on which the claim form or particulars of claim are filed with the court for the purpose of bringing proceedings for possession.

(5)

Where subsection (6) applies, the reference in subsection (4)(a)(ii) to the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin is to be read as a reference to the earliest date that could have been validly so specified in a notice under section 8, served on the same date, specifying Ground 1 or 1A alone.

(6)

This subsection applies—

(a)

where (because it also specifies Ground 7A or 14) a notice under section 8 specifies, as the earliest date on which proceedings for possession will begin, an earlier date than the earliest date that could have been validly so specified in a notice under section 8 specifying Ground 1 or 1A alone;

(b)

where a purported notice of possession—

(i)

does not specify a date as the earliest date on which proceedings will begin, or

(ii)

specifies as the earliest date on which proceedings will begin a date that could not have been specified in a valid notice under section 8 served on the same date, specifying Ground 1 or 1A alone.

(7)

Where, before the end of the restricted period, the court makes an order for possession of the dwelling-house on a ground other than Ground 1 or 1A, the restricted period ends with the day on which the order is made.

(8)

Regulations under this section—

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(9)

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”