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

Changes to legislation:

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Part 2Residential landlords

Chapter 3The Private Rented Sector Database

The database and the database operator

75The database

(1)

The database operator must establish and operate a database containing—

(a)

entries in respect of persons who are, or intend to become, residential landlords,

(b)

entries in respect of dwellings which are, or are intended to be, let under residential tenancies, and

(c)

entries made under section 83 in respect of the following—

(i)

persons against whom relevant banning orders have been made,

(ii)

persons who have been convicted of, or on whom financial penalties have been imposed in relation to, relevant banning order offences, and

(iii)

persons who have been convicted of offences, on whom financial penalties have been imposed or who have been subject to regulatory action, of a description prescribed by regulations under that section.

(2)

In this Chapter—

(a)

landlord entry” means an entry in the database in respect of a person mentioned in subsection (1)(a);

(b)

dwelling entry” means an entry in the database in respect of a dwelling mentioned in subsection (1)(b).

(3)

Landlord and dwelling entries may be either active or inactive: see sections 77(4) and 79.

Annotations:
Commencement Information

I1S. 75 not in force at Royal Assent, see s. 145(1)(7)

76The database operator

(1)

In this Chapter “database operator” means—

(a)

the Secretary of State, or

(b)

a person who the Secretary of State has arranged to be the database operator.

(2)

The arrangements—

(a)

may include provision for payments by the Secretary of State;

(b)

may include provision about bringing the arrangements to an end.

(3)

The Secretary of State may by regulations—

(a)

require the database operator to ensure that the database has features and functionality specified in the regulations,

(b)

confer on the database operator powers to enter into contracts and other agreements for the purpose of facilitating the operation of the database,

(c)

provide for functions of the database operator specified in the regulations to be carried out by lead enforcement authorities, local housing authorities or others specified in the regulations instead of, or in addition to, being carried out by the database operator, and

(d)

make transitional or saving provision which applies when there is a change of database operator.

(4)

Regulations under subsection (3)(d) may relate to a specific change of database operator or to changes that might arise from time to time.

Annotations:
Commencement Information

I2S. 76 in force at Royal Assent for specified purposes, see s. 145(2)

Landlord and dwelling entries

77Making entries in the database

(1)

The Secretary of State may by regulations make provision about the making of landlord and dwelling entries in the database.

(2)

The regulations may, in particular—

(a)

provide for how, and by whom, a landlord or dwelling entry is to be made,

(b)

require information or documents to be provided,

(c)

impose other requirements, including requirements for the payment of fees, and

(d)

allow an entry to be made before all of the requirements imposed by the regulations have been complied with, provided that any requirements not complied with by that time are complied with before the end of a period specified in the regulations.

(3)

The period specified as mentioned in subsection (2)(d) must not exceed the period of 28 days beginning with the day on which the entry is made.

(4)

A landlord or dwelling entry made in accordance with the regulations is an active entry from the time it is made until it becomes an inactive entry in accordance with regulations under section 79.

(5)

See section 86 for the power to make regulations specifying the information contained in active landlord and dwelling entries that is to be made available to the public by the database operator.

Annotations:
Commencement Information

I3S. 77 in force at Royal Assent for specified purposes, see s. 145(2)

78Requirement to keep active entries up-to-date

(1)

The Secretary of State may by regulations make provision requiring active landlord and dwelling entries in the database to be kept up-to-date.

(2)

The regulations may, in particular—

(a)

provide for how, and by whom, an active landlord or dwelling entry is to be kept up-to-date,

(b)

require information or documents to be provided,

(c)

impose other requirements, and

(d)

specify the time by which the requirements must be complied with.

(3)

The requirements that may be imposed by regulations under this section do not include requirements for the payment of fees.

Annotations:
Commencement Information

I4S. 78 in force at Royal Assent for specified purposes, see s. 145(2)

79Circumstances in which active entries become inactive and vice versa

(1)

The Secretary of State may by regulations make provision about the circumstances in which an active landlord or dwelling entry in the database is to become an inactive entry, and vice versa.

(2)

The regulations may, in particular—

(a)

provide for an active landlord or dwelling entry to become inactive after a period specified in or determined in accordance with the regulations if requirements specified in the regulations are not met,

(b)

provide for an active landlord or dwelling entry to become inactive in circumstances in which an active entry is no longer required in respect of the landlord or dwelling, and

(c)

specify requirements that must be met for an inactive landlord or dwelling entry to become an active entry.

(3)

The requirements that may be imposed by regulations under this section include requirements for the payment of fees.

Annotations:
Commencement Information

I5S. 79 in force at Royal Assent for specified purposes, see s. 145(2)

80Verification, correction and removal of entries

(1)

The Secretary of State may by regulations make provision about—

(a)

the verification of landlord and dwelling entries in the database,

(b)

the correction of errors in such entries, and

(c)

the removal of such entries from the database.

(2)

The regulations may, in particular—

(a)

require a proportion of landlord and dwelling entries, and of anything required to be provided by regulations under section 77, 78 or 79, specified in or determined in accordance with the regulations to be verified by local housing authorities or others,

(b)

make provision about how that verification is to be carried out,

(c)

authorise the correction of errors in landlord and dwelling entries and specify by whom such corrections may be made, and

(d)

authorise the removal from the database of landlord and dwelling entries that appear to a person specified in the regulations not to meet requirements imposed by or under this Chapter for inclusion in the database.

Annotations:
Commencement Information

I6S. 80 in force at Royal Assent for specified purposes, see s. 145(2)

81Fees for landlord and dwelling entries

(1)

This section applies where regulations under section 77 or 79 require payment of a fee.

(2)

The regulations must—

(a)

specify the amount or amounts of the fee, or

(b)

provide for the amount or amounts of the fee to be determined by the database operator by reference to such of the relevant costs as may be specified in the regulations.

(3)

The amount or amounts specified in the regulations under subsection (2)(a) may be calculated by reference to the relevant costs.

(4)

The “relevant costs” are the costs (whether or not connected with a fee-payer) that are incurred in or associated with, or likely to be incurred in or associated with—

(a)

the establishment and operation of the database;

(b)

the enforcement of requirements imposed by or under this Chapter;

(c)

the performance of any other functions under this Chapter;

(d)

the enforcement of any other requirements imposed by or under this Act or otherwise in relation to the private rented sector.

(5)

The amount or amounts specified in the regulations under subsection (2)(a) or determined in accordance with subsection (2)(b) may, in the case of a fee charged for an entry in the database to become active again after becoming inactive as a result of provision made by virtue of section 79(2)(a), be higher than the fee that would otherwise be charged had the entry remained active.

(6)

The fees are to be payable to the database operator by such persons and in such circumstances as the regulations may provide.

(7)

The Secretary of State may direct the database operator to pay to local housing authorities or into the Consolidated Fund the amount it receives in respect of the fees it charges, or any part of that amount.

(8)

If the Secretary of State is the database operator—

(a)

subsection (7) does not apply, and

(b)

the Secretary of State may pay to local housing authorities the amount it receives in respect of fees it charges, or any part of that amount.

(9)

For the purposes of this section—

requirements “in relation to the private rented sector” means requirements relating to—

(a)

residential premises in England that are let, or intended to be let, under a tenancy;

(b)

the common parts of such premises;

(c)

the activities of a landlord under a tenancy of residential premises in England;

(d)

the activities of a superior landlord in relation to such a tenancy;

(e)

the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises;

(f)

the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises;

residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008;

tenancy” includes a licence to occupy.

Annotations:
Commencement Information

I7S. 81 in force at Royal Assent for specified purposes, see s. 145(2)

Marketing, advertising and letting

82Restrictions on marketing, advertising and letting dwellings

(1)

A person must not market a dwelling for the purpose of creating a residential tenancy unless—

(a)

there is an active landlord entry in the database in respect of the person who will be the residential landlord if the tenancy is granted, and

(b)

there is an active dwelling entry in the database in respect of the dwelling.

(2)

A person who advertises a dwelling for the purpose of creating a residential tenancy must include in any written advertisement the unique identifiers allocated by the database operator to—

(a)

the person who will be the residential landlord if the tenancy is granted, and

(b)

the dwelling.

(3)

A person who is a residential landlord in relation to a dwelling is under a duty to ensure that—

(a)

there is an active landlord entry in the database in respect of the person and an active dwelling entry in the database in respect of the dwelling, and

(b)

any requirements relating to the entries imposed by regulations under section 78 are complied with.

(4)

The Secretary of State may by regulations specify cases or circumstances in which—

(a)

a person of a description specified in the regulations is to be subject to the duty in subsection (3) instead of the residential landlord;

(b)

a duty imposed by this section, either does not apply at all or does not apply for a period specified in or determined in accordance with the regulations.

(5)

A breach of subsection (1), (2) or (3) does not affect the validity or enforceability of a residential tenancy or other contract by virtue of any rule of law relating to the validity or enforceability of contracts in circumstances involving illegality.

Annotations:
Commencement Information

I8S. 82 in force at Royal Assent for specified purposes, see s. 145(2)

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

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

(1)

A local housing authority must make an entry in the database in respect of a person if—

(a)

a relevant banning order has been made against the person following an application by the authority,

(b)

the person has been convicted of a relevant banning order offence following the institution of criminal proceedings by the authority, or

(c)

the authority has imposed a financial penalty on the person in relation to a relevant banning order offence.

(2)

A local housing authority may make an entry in the database in respect of a person if—

(a)

the person has been convicted of a relevant banning order offence following the institution of criminal proceedings by a person other than a local housing authority, or

(b)

a financial penalty has been imposed on the person in relation to a relevant banning order offence by a person other than a local housing authority.

(3)

The person who instituted the criminal proceedings or imposed the penalty must provide to the local housing authority such information as the authority requests for the purpose of making an entry under subsection (2).

(4)

The Secretary of State may by regulations impose a duty on local housing authorities to make entries in the database under subsection (2) in circumstances specified in the regulations.

(5)

An entry may be made under subsection (1) or (2) only if—

(a)

the period for appealing against any order, conviction or penalty mentioned in those subsections has expired, and

(b)

any such appeal has been finally determined, withdrawn or abandoned.

(6)

The Secretary of State may by regulations authorise or require local housing authorities to make an entry in the database in respect of a person—

(a)

who is convicted of an offence, on whom a financial penalty is imposed or who is subject to regulatory action, of a description prescribed by the regulations, and

(b)

where the offence, financial penalty or regulatory action relates to conduct which occurred at a time when the person was a residential landlord or marketing a dwelling for the purpose of creating a residential tenancy.

(7)

Regulations under subsection (6) may, in particular—

(a)

describe an offence by reference to—

(i)

the nature of the offence,

(ii)

the characteristics of the offender,

(iii)

the place where the offence is committed,

(iv)

the circumstances in which it is committed,

(v)

the court sentencing a person for the offence, or

(vi)

the sentence imposed, and

(b)

make provision for local housing authorities to obtain information from another person for the purpose of making an entry in the database under the regulations.

(8)

An entry made under this section must include—

(a)

the name of the person in respect of whom the entry is made,

(b)

where the entry is made under subsection (1), the date the banning order was made and the date on which the person will cease to be subject to it, and

(c)

such other information as may be prescribed by regulations made by the Secretary of State.

(9)

Regulations under subsection (8)(c) may, in particular, require an entry to include—

(a)

the person’s address or other contact details,

(b)

details of any dwellings in relation to which the person is a residential landlord, and

(c)

details of the offence, financial penalty or regulatory action to which the entry relates.

(10)

A local housing authority must take reasonable steps to ensure that any entry it has made in the database under this section is correct and up-to-date.

(11)

See section 86 for the power to make regulations specifying the information contained in entries under this section that is to be made available to the public by the database operator.

(12)

In this Chapter

relevant banning order” means an order under Chapter 2 of Part 2 of the Housing and Planning Act 2016 that—

(a)

is made on or after the day on which this section comes into force,

(b)

bans a person from letting housing (within the meaning of that Part of that Act) in England, and

(c)

relates to an offence committed at a time when the person against whom the order was made was—

  1. (i)

    a residential landlord, or

  2. (ii)

    marketing a dwelling for the purpose of creating a residential tenancy.

relevant banning order offence” means a banning order offence (as defined in Part 2 of the Housing and Planning Act 2016) committed—

(a)

on or after the day on which this section comes into force, and

(b)

at a time when the person who committed the offence was—

  1. (i)

    a residential landlord, or

  2. (ii)

    marketing a dwelling for the purpose of creating a residential tenancy.

Annotations:
Commencement Information

I9S. 83 in force at Royal Assent for specified purposes, see s. 145(2)

Further duties of database operator

84Allocation of unique identifiers

(1)

The database operator must allocate an identifier (referred to in this Chapter as a “unique identifier”) to each person in respect of whom, and dwelling in respect of which, an entry is made in the database under this Chapter.

(2)

The identifier must be a sequence of letters, numbers or both that enables the person or dwelling to be distinguished from any other person in respect of whom, or dwelling in respect of which, there is an entry in the database.

(3)

This section does not require the database operator to allocate a unique identifier to a person to whom, or dwelling to which, a unique identifier has previously been allocated.

Annotations:
Commencement Information

I10S. 84 not in force at Royal Assent, see s. 145(1)(7)

85Other duties

(1)

The database operator must—

(a)

ensure that facilities are available for persons who are unable to use a computer or other electronic device, or do not wish to do so, to make and maintain landlord and dwelling entries in the database,

(b)

ensure that local housing authorities are able to edit the database for the purpose of carrying out the functions conferred on them by or under this Chapter,

(c)

ensure that facilities are available for breaches of any requirement imposed by section 82 to be reported to the database operator and that reports of such breaches are passed on to such local housing authorities as the database operator thinks appropriate, and

(d)

publish advice and information explaining to residential landlords and residential tenants their rights and obligations under this Chapter.

(2)

The database operator must report to the Secretary of State on—

(a)

the performance of the database, and

(b)

any matters or trends relating to the database and the information contained in it that the database operator considers are appropriate to be brought to the attention of the Secretary of State.

(3)

Reports under subsection (2) are to be made at such times, and cover such matters—

(a)

as may be agreed between the database operator and the Secretary of State, or

(b)

in default of such agreement, as the Secretary of State may direct.

(4)

Subsection (2) does not apply if the Secretary of State is the database operator.

Annotations:
Commencement Information

I11S. 85 not in force at Royal Assent, see s. 145(1)(7)

Access to and use of information in database

86Access to the database

(1)

The Secretary of State may by regulations—

(a)

specify the information contained in active landlord and dwelling entries in the database, and in entries made in the database under section 83, which the database operator is to make available to the public,

(b)

make provision requiring an active landlord entry and an entry made under section 83 in respect of the same person to be linked,

(c)

in the case of an entry made by a local housing authority in respect of a person under section 83

(i)

specify the period after which information contained in the entry is to be made available to the public, which must be no less than 21 days beginning with the day on which the entry is made,

(ii)

make provision for the person to be notified by the local housing authority of the period for the purpose of making representations to the authority about any errors in information contained in the entry, and

(iii)

specify the circumstances in which information contained in such an entry is to cease to be available to the public, and

(d)

specify the manner and form in which information is to be made available to the public by the database operator under the regulations.

(2)

The database operator must give access to information in the database to the following—

(a)

lead enforcement authorities,

(b)

local housing authorities,

(c)

local weights and measures authorities in England,

(d)

mayoral combined authorities, as defined by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009, and

(e)

the Greater London Authority.

(3)

If the Secretary of State is not the database operator, the database operator must give access to information in the database to the Secretary of State.

Annotations:
Commencement Information

I12S. 86 in force at Royal Assent for specified purposes, see s. 145(2)

87Disclosure by database operator etc

(1)

The database operator must not disclose restricted information from the database except—

(a)

in accordance with section 86(2) or (3), or

(b)

where authorised by regulations under this section.

(2)

The Secretary of State may by regulations make provision authorising the disclosure from the database of restricted information where the disclosure is necessary—

(a)

to enable or facilitate compliance with a statutory requirement specified in the regulations,

(b)

to enable or facilitate compliance with a requirement of a rule of law specified in the regulations, or

(c)

to facilitate the exercise of statutory functions specified in the regulations.

(3)

The regulations may—

(a)

specify the manner and form in which the information may be disclosed, and

(b)

impose restrictions on the use and further disclosure of information disclosed under the regulations.

(4)

A disclosure authorised by the regulations does not breach—

(a)

any obligation of confidence owed by the database operator, or

(b)

any other restriction on the disclosure of information (however imposed).

(5)

Nothing in this section or the regulations authorises the making of a disclosure that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section and the regulations).

(6)

A person commits an offence if the person knowingly or recklessly discloses restricted information in contravention of—

(a)

(b)

a restriction on further disclosure imposed by regulations under this section.

(7)

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine.

(8)

In this section—

data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

restricted information” means information that—

(a)

is not made available to the public by virtue of regulations under section 86, and

(b)

relates to and identifies a particular person (including a body corporate).

(9)

For the purposes of subsection (8) information identifies a particular person if the identity of that person—

(a)

is specified in the information,

(b)

can be deduced from the information, or

(c)

can be deduced from the information taken together with any other information.

Annotations:
Commencement Information

I13S. 87 in force at Royal Assent for specified purposes, see s. 145(2)

88Use of information from the database

(1)

A lead enforcement authority may only use information obtained from the database for purposes connected with the authority’s functions under the provisions of the landlord legislation for which it is responsible.

(2)

A local housing authority may only use information obtained from the database for purposes connected with the authority’s functions relating to housing, residential landlords or residential tenancies.

(3)

A local weights and measures authority may only use information obtained from the database for purposes connected with the authority’s functions of enforcing standards relating to housing.

(4)

A mayoral combined authority and the Greater London Authority may only use information obtained from the database for purposes connected with the authority’s functions relating to housing.

Annotations:
Commencement Information

I14S. 88 not in force at Royal Assent, see s. 145(1)(7)

Removal of entries

89Removal of entries from database

(1)

The database operator must remove a landlord or dwelling entry from the database if it has been an inactive entry throughout a continuous period of 5 years.

(2)

The database operator must remove an entry made under section 83 at the end of the period of 10 years beginning with the day on which the entry is made.

(3)

But if, in the case of an entry made in respect of a relevant banning order, the ban imposed by the order continues after the end of the period mentioned in subsection (2), that subsection does not apply and the database operator must remove the entry when the ban ends.

Annotations:
Commencement Information

I15S. 89 not in force at Royal Assent, see s. 145(1)(7)

Enforcement

90Restriction on gaining possession

(1)

In section 7 of the 1988 Act (orders for possession)—

(a)

in subsection (4), after “then” insert “, subject to subsection (5ZC),”;

(b)

after subsection (5ZB) (inserted by section 3(2)(d) of this Act) insert—

“(5ZC)

The court may not make an order for possession of a dwelling-house while the landlord (or, in the case of joint landlords, any of the joint landlords) is in breach of section 82(3)(a) of the Renters’ Rights Act 2025 in relation to the dwelling-house, unless the ground for possession is Ground 7A in Part 1 of Schedule 2 to this Act or Ground 14 in Part 2 of that Schedule.”

(2)

The Secretary of State may by regulations amend section 7 of the 1988 Act for the purpose of changing—

(a)

the person or persons by whom, or

(b)

the circumstances in which,

a breach of section 82(3)(a) of this Act prevents the making of an order for possession.

Annotations:
Commencement Information

I16S. 90 in force at Royal Assent for specified purposes, see s. 145(2)

91Financial penalties

(1)

A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has—

(a)

breached a requirement imposed by section 82(1), (2) or (3),

(b)

committed an offence under section 92.

(2)

The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than—

(a)

£7,000, if it is imposed under subsection (1)(a), or

(b)

£40,000, if it is imposed under subsection (1)(b).

(3)

More than one financial penalty may be imposed under this section in respect of the same conduct only if—

(a)

the conduct continues after the end of 28 days beginning with the day after that on which the previous penalty in respect of the conduct was imposed on the person, unless the person appeals against the decision to impose the penalty within that period, or

(b)

if the person appeals against the decision to impose the penalty within that period, the conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.

(4)

Subsection (3) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

(5)

No financial penalty may be imposed under this section in respect of any conduct if—

(a)

the person has been convicted of an offence under section 92 in respect of the conduct,

(b)

criminal proceedings for an offence under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or

(c)

criminal proceedings for an offence under that section in respect of the conduct have been concluded and the person has not been convicted.

(6)

The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.

(7)

Local housing authorities must have regard to any guidance issued under subsection (6).

(8)

The Secretary of State may by regulations amend the amounts specified in subsection (2) to reflect changes in the value of money.

(9)

For the purposes of this section and section 92

(a)

a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and

(b)

final notice” has the meaning given by paragraph 6 of Schedule 5.

Annotations:
Commencement Information

I17S. 91 in force at Royal Assent for specified purposes, see s. 145(2)

92Offences

(1)

A person commits an offence if the person knowingly or recklessly provides information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under this Chapter.

(2)

A person commits an offence if—

(a)

a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and

(b)

the conduct in respect of which the penalty was imposed continues after the end of the period of 28 days beginning with—

(i)

the day after that on which the penalty was imposed on the person, or

(ii)

if the person appeals against the decision to impose the penalty within that period, the day after that on which the appeal is finally determined, withdrawn or abandoned.

(3)

A person commits an offence if—

(a)

a relevant penalty has been imposed on the person in respect of a breach of a requirement imposed by section 82(1), (2) or (3) and the final notice imposing the penalty has not been withdrawn, and

(b)

the person engages in conduct which constitutes a different breach of such a requirement within the period of five years beginning with the day on which the penalty was imposed.

(4)

A person commits an offence if—

(a)

either—

(i)

a relevant penalty has been imposed on the person in respect of an offence under this section and the final notice imposing the penalty has not been withdrawn, or

(ii)

the person has been convicted of such an offence, and

(b)

the person breaches a requirement imposed by section 82(1), (2) or (3) within the period of five years beginning with the day on which the relevant penalty was imposed or the person was convicted.

(5)

In subsections (2) to (4)relevant penalty” means a financial penalty which is imposed under section 91 where—

(a)

the period for bringing an appeal against the decision to impose the penalty under paragraph 10 of Schedule 5 has expired without an appeal being brought,

(b)

an appeal against the decision to impose the penalty under that paragraph has been withdrawn or abandoned, or

(c)

the final notice imposing the penalty has been confirmed or varied on appeal.

(6)

A person may not be convicted of an offence under subsections (1), (3) or (4) if a financial penalty has been imposed under section 91 in respect of the same conduct.

(7)

A person guilty of an offence under this section is liable on summary conviction to a fine.

(8)

Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.

(9)

Where the affairs of a body corporate are managed by its members, subsection (8) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.

Annotations:
Commencement Information

I18S. 92 not in force at Royal Assent, see s. 145(1)(7)

Final provisions

93Power to direct database operator and local housing authorities

(1)

The Secretary of State may from time to time give directions—

(a)

to the database operator about the manner in which it is to exercise its functions, and

(b)

to local housing authorities about the manner in which they are to exercise the functions conferred on them by or under this Chapter.

(2)

Directions under subsection (1) may provide, in particular, that a function is only to be exercised—

(a)

after consultation with the Secretary of State, or

(b)

with the consent of the Secretary of State.

(3)

Subsection (1)(a) does not apply if the Secretary of State is the database operator.

Annotations:
Commencement Information

I19S. 93 not in force at Royal Assent, see s. 145(1)(7)

94Entries under section 83: minor and consequential amendments

(1)

The Housing and Planning Act 2016 is amended as follows.

(2)

In section 28 (database of rogue landlords and property agents), after subsection (3) insert—

“(4)

In relation to rogue landlords, see also the database established under section 75 of the Renters’ Rights Act 2025.”

(3)

In section 29 (duty to include person with banning order), after subsection (2) insert—

“(3)

In this section, references to a “banning order” are to a banning order made—

(a)

before the day on which Chapter 3 of Part 2 of the Renters’ Rights Act 2025 comes into force, or

(b)

on or after that day if—

(i)

the order does not ban the person against whom it is made from letting housing in England, or

(ii)

the order relates to an offence to which subsection (4) applies.

(4)

This subsection applies to an offence which was committed by a person who at the time was neither—

(a)

a residential landlord as defined in Part 2 of the Renters’ Rights Act 2025 (see sections 63 and 99(2) of that Act), nor

(b)

marketing a dwelling for the purpose of creating a residential tenancy, as defined for the purposes of that Part of that Act (see section 99(3) to (7) of that Act).”

(4)

In section 30 (power to include person convicted of banning order offence), after subsection (7)

“(8)

In this section, references to a “banning order offence” are to a banning order offence committed—

(a)

before the day on which Chapter 3 of Part 2 of the Renters’ Rights Act 2025 comes into force, or

(b)

on or after that day if it is an offence to which subsection (9) applies.

(9)

This subsection applies to a banning order offence which was committed by a person who at the time was neither—

(a)

a residential landlord as defined in Part 2 of the Renters’ Rights Act 2025 (see sections 63 and 99(2) of that Act), nor

(b)

marketing a dwelling for the purpose of creating a residential tenancy, as defined for the purposes of that Part of that Act (see section 99(3) to (7) of that Act).”

Annotations:
Commencement Information

I20S. 94 not in force at Royal Assent, see s. 145(1)(7)

95Different provision for different purposes: joint landlords

The different provision that may be made in regulations under this Chapter by virtue of section 140(1)(b) includes different provision for joint landlords, for example provision for or in relation to a single landlord entry in respect of joint landlords.

Annotations:
Commencement Information

I21S. 95 in force at Royal Assent for specified purposes, see s. 145(2)

96Interpretation of Chapter 3

(1)

In this Chapter—

database” means the database established under section 75;

lead enforcement authority” and “the landlord legislation” have the same meanings as in Part 4;

relevant banning order” and “relevant banning order offence” have the meanings given by section 83;

unique identifier” has the meaning given by section 84(1).

(2)

Section 111(6) (lead enforcement authority “responsible” for the provisions of the landlord legislation) applies for the purposes of this Chapter as it applies for the purposes of Part 4.

Annotations:
Commencement Information

I22S. 96 not in force at Royal Assent, see s. 145(1)(7)