Legislation – Renters’ Rights Act 2025

“(1)

This Chapter confers power on the First-tier Tribunal to make a rent repayment order where an offence to which this Chapter applies has been committed by—

(a)

a landlord under a tenancy of housing in England, or

(b)

any superior landlord in relation to such a tenancy.

(2)

A rent repayment order is an order requiring the landlord or superior landlord who committed the offence to—

(a)

pay a tenant an amount in respect of rent paid by or on behalf of the tenant (whether the rent was paid to the landlord or superior landlord against whom the order is made, or to another person), or

(b)

pay a local housing authority an amount in respect of a relevant award of universal credit paid (to any person) in respect of rent under the tenancy.

(2A)

In a case where the offence was committed by a superior landlord—

(a)

references in the following provisions of this Chapter to the landlord are to be read as references to the superior landlord, and

(b)

housing in relation to which the person in question is a superior landlord is to be treated for the purposes of this Chapter as let by that person.”

(3)

In section 41 (application for rent repayment order), in subsection (1), for “person” substitute “landlord”.

(4)

In section 43 (making of rent repayment order), at the end of subsection (3) insert—

“(d)

section 46A (where an order is made against more than one landlord or there has been a previous order).”

(5)

In section 44 (amount of order: tenants)—

(a)

in subsection (2)—

(i)

after “rent paid” (in the first place) insert “by, or on behalf of, the tenant”,

(ii)

for “during” substitute “in respect of”,

(iii)

in the heading to the second column to the table, after “by” insert “, or on behalf of,”, and

(iv)

for “12 months” (in both places) substitute “2 years”,

(b)

in subsection (3)—

(i)

for “repay” substitute “pay”, and

(ii)

in paragraph (a), after “paid” insert “by, or on behalf of, the tenant”, and

(c)

in subsection (4), after paragraph (a) insert—

“(aa)

the amount of any rent received by the tenant in respect of the period mentioned in the table in relation to the housing let to the tenant,”.

(6)

In section 45 (amount of order: local housing authorities)—

(a)

in subsection (2)—

(i)

for “during” substitute “in respect of”, and

(ii)

for “12 months” (in both places) substitute “2 years”, and

(b)

in subsection (3)—

(i)

for “repay” substitute “pay”, and

(ii)

omit “that the landlord” (in the second place).

(7)

After section 46 insert—

“46AAmount of order: supplementary

(1)

A rent repayment order made against more than one landlord must provide for the landlords to be jointly and severally liable for the amount due under the order.

(2)

If a rent repayment order (“the original order”) has been made in respect of rent under a tenancy and another rent repayment order (“the new order”) is made in respect of rent under the same tenancy, the new order may not require payment to be made in respect of any period in respect of which the original order required payment to be made.”

(8)

In section 52 (interpretation), in subsection (1), in the appropriate place insert—

““landlord” is to be read in accordance with section 40(2A);”

104Rent repayment orders: liability of directors etc

In the Housing and Planning Act 2016, after section 51 insert—

“51ALandlord which is body corporate: liability of directors etc

(1)

This section applies where—

(a)

a landlord which is a body corporate has committed an offence to which this Chapter applies, and

(b)

the offence—

(i)

was committed with the consent or connivance of a relevant person in relation to the body corporate, or of a person purporting to act in the capacity of a relevant person in relation to the body corporate, or

(ii)

was a specified offence and was attributable to any neglect on the part of such a person.

(2)

That person, as well as the body corporate, is treated for the purposes of this Chapter as having committed the offence.

(3)

In this Chapter a reference to the landlord includes that person.

(4)

In this section—

“relevant person” means—

(a)

in relation to a body corporate other than one the affairs of which are managed by its members, a director, manager, secretary or other similar officer of the body;

(b)

in relation to a body corporate the affairs of which are managed by its members, a member who exercises functions of management with respect to it;

“specified offence” means an offence under—

(a)

section 1 (2) of the Protection from Eviction Act 1977;

(b)

section 16J (2) or (3) of the Housing Act 1988;

(c)

section 30 (1), 32 (1), 72 (1) or 95 (1) of the Housing Act 2004;

(d)

section 21 of this Act;

(e)

section 67(1) or 92(2) of the Renters’ Rights Act 2025.”

105Unlicensed HMOs and houses: offences

(1)

Section 72 of the Housing Act 2004 (offences in relation to licensing of HMOs) is amended in accordance with subsections (2) to (4).

(2)

For subsection (1) substitute—

“(1)

If an HMO is required to be licensed under this Part (see section 61(1)) but is not so licensed, an offence is committed by—

(a)

any person within subsection (1A), and

(b)

any person who as landlord under a tenancy or licensor under a licence to occupy has an estate or interest in, or a right in relation to, the HMO that is superior (whether directly or indirectly) to the estate, interest or right of any person within subsection (1A).

(1A)

The following are within this subsection—

(a)

any person having control of or managing the HMO, and

(b)

any person who is the landlord or licensor in relation to a person occupying the HMO under a tenancy or licence.”

(3)

After subsection (4) insert—

“(4A)

In proceedings against a person for an offence under subsection (1)(a) it is a defence for them to prove that they had a reasonable excuse—

(a)

for having control of or managing the HMO, or

(b)

for being the landlord or licensor in relation to a person occupying the HMO under a tenancy or licence,

in circumstances in which the HMO was required to be licensed under this Part but was not so licensed.

(4B)

In proceedings against a person for an offence under subsection (1)(b) it is a defence for them to prove that they—

(a)

did not know, and had a reasonable excuse for not knowing, that the building or part of the building concerned was an HMO,

(b)

took all reasonably practicable steps to ensure that the HMO was licensed under this Part, or

(c)

had some other reasonable excuse for failing to ensure that the HMO was so licensed.

(4C)

For the purposes of subsection (4B), a term in the tenancy agreement or licence to occupy relating to the occupation of the building or part of the building that is an HMO does not on its own constitute a defence under any of paragraphs (a) to (c) of that subsection.”

(4)

In subsection (5)—

(a)

for “subsection (1), (2) or (3)” substitute “subsection (2) or (3)”, and

(b)

omit paragraph (a) (together with the “or” at the end of it).

(5)

Section 95 of the Housing Act 2004 (offences in relation to licensing of houses under Part 3) is amended in accordance with subsections (6) to (8).

(6)

For subsection (1) substitute—

“(1)

If a house is required to be licensed under this Part (see section 85(1)) but is not so licensed, an offence is committed by—

(a)

any person within subsection (1A), and

(b)

any person who as landlord under a tenancy or licensor under a licence to occupy has an estate or interest in, or a right in relation to, the house that is superior (whether directly or indirectly) to the estate, interest or right of any person within subsection (1A).

(1A)

The following are within this subsection—

(a)

any person having control of or managing the house;

(b)

any person who is the landlord or licensor in relation to a person occupying the house under a tenancy or licence.”

(7)

After subsection (3) insert—

“(3A)

In proceedings against a person for an offence under subsection (1)(a) it is a defence for them to prove that they had a reasonable excuse—

(a)

for having control of or managing the house, or

(b)

for being the landlord or licensor in relation to a person occupying the house under a tenancy or licence,

in circumstances in which the house was required to be licensed under this Part but was not so licensed.

(3B)

In proceedings against a person for an offence under subsection (1)(b) it is a defence for them to prove that they—

(a)

did not know, and had a reasonable excuse for not knowing, that the house was one to which this Part applies,

(b)

took all reasonably practicable steps to ensure that the house was licensed under this Part, or

(c)

had some other reasonable excuse for failing to ensure that the house was so licensed.

(3C)

For the purposes of subsection (3B), a term in the tenancy agreement or licence to occupy relating to the occupation of the house does not on its own constitute a defence under any of paragraphs (a) to (c) of that subsection.”

(8)

In subsection (4)—

(a)

for “subsection (1) or (2)” substitute “subsection (2)”, and

(b)

for the words following “excuse” substitute “for failing to comply with the condition”.

106Service of improvement notices on landlords and licensors

In Schedule 1 to the Housing Act 2004 (procedure and appeals relating to improvement notices), in paragraph 2 (2)—

(a)

after “the notice” insert “on whichever of the following the authority considers ought to take the action specified in it”,

(b)

in paragraphs (a) and (b), omit “on” in each place, and

(c)

after paragraph (b) insert—

“(c)

(in either case) if the premises or any part of them are let under a tenancy that is periodic or was granted for a term of 21 years or less, or are occupied under a licence—

(i)

the landlord or licensor;

(ii)

any superior landlord or licensor.”