Legislation – Renters’ Rights Act 2025

“(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conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.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(3) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.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.