Legislation – Renters’ Rights Act 2025

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Part 2Residential landlords

Chapter 3The Private Rented Sector Database

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any such appeal has been finally determined, withdrawn or abandoned.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

(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.