Renters’ Rights Act 2025

Schedule 4 Decent homes standard

Section 100(6) Part 1 Amendments of Housing Act 2004 1 The Housing Act 2004 is amended as follows. 2 (1) Section 1 (new system for assessing housing conditions and enforcing housing standards) is amended as follows. (2) In subsection (3)(a), omit “hazard”. (3) After subsection (8) insert— (9) But unoccupied HMO accommodation is “qualifying residential premises” for the purposes of this Part only to the extent provided for by section 2B(1)(c). 6 After section 6 insert— Financial penalties relating to category 1 hazards or type 1 requirements 6A (1) This section applies where— (a) a local housing authority is required by section 5(1) to take the appropriate enforcement action in relation to— (i) the existence of a category 1 hazard on qualifying residential premises other than the common parts of a building containing one or more flats, or (ii) a failure by qualifying residential premises other than the common parts of a building containing one or more flats to meet a type 1 requirement, and (b) in the opinion of the local housing authority it would have been reasonably practicable for the responsible person to secure the removal of the hazard or the meeting of the requirement. (2) When first taking that action, the local housing authority may also impose on the responsible person a financial penalty under this section in relation to the hazard or failure. (3) In subsections (1) and (2), “the responsible person” is the person on whom an improvement notice may be served in accordance with paragraphs A1 to 4 of Schedule 1 in relation to the hazard or failure. (4) For the purposes of subsection (3)— (a) it is to be assumed that serving such a notice in relation to the hazard or failure is a course of action available to the authority, and (b) any reference in paragraphs A1 to 4 of Schedule 1 to “the specified premises” is, in relation to the imposition of a financial penalty under this section, to be read as a reference to the premises specified in the final notice in accordance with paragraph 8(c) of Schedule A1. (5) In subsection (4)(b), “final notice” has the meaning given by paragraph 6 of Schedule A1. (6) The amount of the penalty is to be determined by the authority but must not be more than £7,000. (7) A penalty under this section may relate to— (a) more than one category 1 hazard on the same premises, (b) more than one failure to meet type 1 requirements by the same premises, or (c) any combination of such hazards or failures on or by the same premises. (8) The Secretary of State may by regulations amend the amount specified in subsection (6) to reflect changes in the value of money. (9) Schedule A1 makes provision about— (a) the procedure for imposing a financial penalty under this section, (b) appeals against financial penalties under this section, (c) enforcement of financial penalties under this section, and (d) how local housing authorities are to deal with the proceeds of financial penalties under this section. 9 (1) Section 9 (guidance about inspections and enforcement action) is amended as follows. (2) In subsection (1)(b), omit “hazard”. (3) After that subsection insert— (1A) The Secretary of State may give guidance to local housing authorities in England about exercising their functions under this Chapter in relation to— (a) assessing whether qualifying residential premises meet the requirements specified by regulations under section 2A, or (b) financial penalties. 32 In section 54 (index of defined expressions: Part 1)— (a) at the appropriate places insert— Qualifying residential premises | Section 2B(1) ; Relevant tenancy | Section 2B(2) ; Social housing | Section 2B(2) ; Supported exempt accommodation | Section 2B(2) ; Type 1 requirement | Section 2A(3)(a) ; Type 2 requirement | Section 2A(3)(b) , and (b) in the entry for “Hazard awareness notice”, in the first column, omit “Hazard” (and, accordingly, move the entry to the appropriate place). 34 Before Schedule 1 insert— Schedule A1 Procedure and appeals relating to financial penalties under section 6A Section 6A Notice of intent 1 Before imposing a financial penalty on a person under section 6A a local housing authority must give the person notice of the authority’s proposal to do so (a “notice of intent”). 2 The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has evidence sufficient to require it to take the appropriate enforcement action under section 5(1) in relation to— (a) the existence of the category 1 hazard, or (b) the failure to meet the type 1 requirement. 3 The notice of intent must set out— (a) the date on which the notice of intent is given, (b) the amount of the proposed financial penalty, (c) the reasons for proposing to impose the penalty, (d) information about the right to make representations under paragraph 4. Right to make representations 4 (1) A person who is given a notice of intent may make written representations to the authority about the proposal to impose a financial penalty. (2) Any representations must be made within the period of 28 days beginning with the day after the day on which the notice of intent was given (“the period for representations”). Final notice 5 After the end of the period for representations the local housing authority must— (a) decide whether to impose a financial penalty on the person, and (b) if it decides to do so, decide the amount of the penalty. 6 If the local housing authority decides to impose a financial penalty on the person, it must give a notice to the person (a “final notice”) imposing that penalty. 7 The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given. 8 The final notice must set out— (a) the date on which the final notice is given, (b) the amount of the financial penalty, (c) the premises— (i) on which the authority considers a category 1 hazard exists; (ii) which the authority considers fail to meet a type 1 requirement, (d) the reasons for imposing the penalty, (e) information about how to the pay the penalty, (f) the period for payment of the penalty, (g) information about rights of appeal, and (h) the consequences of failure to comply with the notice. Withdrawal or amendment of notice 9 (1) A local housing authority may at any time— (a) withdraw a notice of intent or final notice, or (b) reduce an amount specified in a notice of intent or final notice. (2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given. Appeals 10 (1) A person to whom a final notice is given may appeal to the First-tier Tribunal against— (a) the decision to impose the penalty, or (b) the amount of the penalty. (2) An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice is given to the person. (3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned. (4) An appeal under this paragraph— (a) is to be a re-hearing of the authority’s decision, but (b) may be determined having regard to matters of which the authority was unaware. (5) On an appeal under this paragraph the First-tier Tribunal may quash, confirm or vary the final notice. (6) The final notice may not be varied under sub-paragraph (5) so as to impose a financial penalty of more than the local housing authority could have imposed. Recovery of financial penalty 11 (1) This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay. (2) The local housing authority which imposed the financial penalty may recover the penalty, or part of it, on the order of the county court as if it were payable under an order of that court. (3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is— (a) signed by the chief finance officer of the authority which imposed the financial penalty, and (b) states that the amount due has not been received by a date specified in the certificate, is conclusive evidence of that fact. (4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. (5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989. Proceeds of financial penalties 12 Where a local housing authority imposes a financial penalty under section 6A, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under Part 1 of this Act, the Renters’ Rights Act 2025 or otherwise in relation to the private rented sector. 13 Any proceeds of a financial penalty imposed under section 6A which are not applied in accordance with paragraph 12 must be paid to the Secretary of State. 14 (1) In paragraph 12, the reference to enforcement functions “in relation to the private rented sector” means enforcement functions 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, or (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. (2) For the purposes of this paragraph “residential premises” does not include social housing. (3) For the purposes of this paragraph “tenancy” includes a licence to occupy. Part 2 Amendments of other Acts Tenant Fees Act 2019 42 In Schedule 3 to the Tenant Fees Act 2019 (financial penalties), in paragraph 12(1), after paragraph (c) insert— (ca) the activities of a superior landlord in relation to such a tenancy, .