Legislation – Renters’ Rights Act 2025

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Part 2Residential landlords

Chapter 2Landlord redress schemes

Landlord redress schemes

64Landlord redress schemes

(1)

The Secretary of State may make regulations requiring a residential landlord to be a member of a landlord redress scheme.

(2)

A “landlord redress scheme” means a scheme—

(a)

which provides for a complaint made by or on behalf of a prospective, current or former residential tenant against a member of the scheme to be independently investigated and determined by an independent individual, and

(b)

which is—

(i)

approved by the Secretary of State for the purposes of regulations under subsection (1), or

(ii)

administered by or on behalf of the Secretary of State and designated by the Secretary of State for those purposes.

(3)

A scheme must not be approved or designated under subsection (2)(b) unless it satisfies the conditions set out in regulations made under section 65(1).

(4)

In subsection (2)(a) “prospective residential tenant” means a person who—

(a)

offers to become a residential tenant of a dwelling that is marketed for the purpose of creating a residential tenancy, or

(b)

with a view to deciding whether to become a residential tenant of a dwelling that is marketed for that purpose—

(i)

requests information about the dwelling from a person marketing it, or

(ii)

visits or requests to visit such a dwelling by arrangement with a person marketing it.

(5)

Regulations under subsection (1) may—

(a)

require a person to be a member of a landlord redress scheme before a dwelling is marketed for the purpose of creating a residential tenancy under which that person will be a residential landlord;

(b)

prohibit a person from marketing a dwelling for the purpose of creating a residential tenancy unless the person who will be a residential landlord if the tenancy is granted is a member of a landlord redress scheme;

(c)

require a person to remain a member of the scheme after ceasing to be a residential landlord, for a period specified in the regulations.

(6)

Regulations under subsection (1) may require a person—

(a)

to provide relevant property information to the administrator of a landlord redress scheme, on applying to become a member of the scheme;

(b)

at any time after becoming a member of a landlord redress scheme, to notify the administrator of the scheme of any change to relevant property information previously provided by the person as soon as reasonably practicable, or within a period, as specified in the regulations.

(7)

For the purposes of subsection (6), “relevant property information” means such information as may be specified in the regulations relating to—

(a)

any residential tenancy under which the person is the residential landlord;

(b)

any dwelling which is proposed to be marketed for the purpose of creating a residential tenancy under which the person will be the residential landlord.

(8)

Before making regulations under subsection (1), the Secretary of State must be satisfied that all persons who are to be required to be a member of a landlord redress scheme will be eligible to join such a scheme before being so required (subject to any provision in the scheme about expulsion, as to which see section 65(2)(l)).

(9)

Nothing in this Chapter prevents a landlord redress scheme from providing (subject to regulations under section 65)—

(a)

for membership to be open to persons who wish to join as voluntary members;

(b)

for the investigation or determination of any complaints under a voluntary jurisdiction;

(c)

for voluntary mediation services;

(d)

for the exclusion from investigation and determination under the scheme of any complaint in such cases or circumstances as may be specified in or determined under the scheme.

(10)

In subsection (9)—

“complaints under a voluntary jurisdiction” means complaints in relation to which there is no duty to be a member of a landlord redress scheme, where the members against whom the complaints are made have voluntarily accepted the jurisdiction of the scheme over those complaints;

“voluntary mediation services” means mediation, conciliation or similar processes provided at the request of a member in relation to complaints made—

(a)

against the member, or

(b)

by the member against another person;

“voluntary members” means members who are not subject to a duty to be a member of a landlord redress scheme.