Legislation – Renters’ Rights Act 2025
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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)
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.
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.
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.
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.
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.
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.
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.
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)
(c)
relates to an offence committed at a time when the person against whom the order was made was—
- (i)
a residential landlord, or
- (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—
- (i)
a residential landlord, or
- (ii)
marketing a dwelling for the purpose of creating a residential tenancy.
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.
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.
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.
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)
subsection (1), or
(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.
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.
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.
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)
“(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.
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.
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.
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.
94Entries under section 83: minor and consequential amendments
(1)
The Housing and Planning Act 2016 is amended as follows.
(2)
“(4)
In relation to rogue landlords, see also the database established under section 75 of the Renters’ Rights Act 2025.”
(3)
“(3)
In this section, references to a “banning order” are to a banning order made—
(a)
(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)
(4)
“(8)
In this section, references to a “banning order offence” are to a banning order offence committed—
(a)
(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)
95Different provision for different purposes: joint landlords
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).