40 Financial penalties for breach of anti-discrimination provisions
(1) A local housing authority may impose a financial penalty under this subsection on a person if satisfied on the balance of probabilities that the person has breached a requirement imposed by—
(a) section 33 or 34, or
(b) provision in regulations made under section 39.
(2) More than one financial penalty may be imposed under subsection (1) on the same person 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conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.
(3) Where a person applies a single provision, criterion or practice on more than one occasion in relation to the same dwelling, each application of that provision, criterion or practice is to be treated as the same conduct for the purposes of subsection (2).
(4) If—
(a) the local housing authority imposes a financial penalty under subsection (1) on a person, and
(b) within the period of five years ending with the date on which that penalty was imposed, a previous financial penalty under subsection (1) was imposed on that person in relation to a breach of the same section or provision in regulations made under section 39,
then the local housing authority may impose an additional financial penalty under this subsection on that person.
(5) 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 £7,000.
(6) Neither subsection (2) nor subsection (4) enables a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.
(7) Where—
(a) a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and
(b) the breaches in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others,
the local housing authority may impose a financial penalty under that subsection on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it.
(8) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.
(9) Local housing authorities must have regard to any guidance issued under subsection (8).
(10) The Secretary of State may by regulations amend the amount specified in subsection (5) to reflect changes in the value of money.
(11) For the purposes of this section—
(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.
Nothing in this Chapter prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under a relevant tenancy.
(1) In this Chapter—
“benefits claimant” means a person who—
is entitled to payments (including payments made directly to a landlord) under or by virtue of the Social Security Contributions and Benefits Act 1992 or the Welfare Reform Act 2012, or would be so entitled were a relevant tenancy to be granted to the person,
is entitled to payments (including payments made directly to a landlord) under or by virtue of the Jobseekers Act 1995, the State Pension Credit Act 2002, the Tax Credits Act 2002, the Welfare Reform Act 2007 or the Pensions Act 2014,
is in receipt of a reduction in the amount of council tax payable in respect of the person’s current home under a scheme made by a billing authority under or by virtue of section 13A of the Local Government Finance Act 1992, or
would be entitled to a reduction in the amount of council tax payable in respect of the dwelling in question under a scheme made by the billing authority in whose area the dwelling is situated under or by virtue of section 13A of the Local Government Finance Act 1992, if the person were to—
rent the dwelling on a relevant tenancy, and
if an application is a precondition of entitlement, apply to the billing authority for a reduction under the scheme;
“child” means a person under the age of 18;
“dwelling” means a “dwelling-house” within the meaning of Part 1 of the 1988 Act (see section 45 of that Act) in England;
“prospective landlord” means a person who proposes to let a dwelling on an agreement which may give rise to a relevant tenancy;
“prospective tenant” means a person seeking to find a dwelling to rent;
“regulated tenancy” has the same meaning as in the Rent Act 1977 (see section 18 of that Act);
“relevant person”, in relation to a relevant tenancy, means—
the prospective landlord;
a person acting or purporting to act directly or indirectly on behalf of the prospective landlord;
“relevant tenancy” means an assured tenancy within the meaning of the 1988 Act, other than a tenancy that is—
a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, or
a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2 to the 1988 Act.
(2) In this Chapter a reference to doing something on the basis of particular facts includes reference to doing it on the basis of a belief in those facts.
43 Discrimination relating to children or benefits status: Welsh language
(1) The Welsh language text of the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) is amended as follows.
(2) In section 1, after subsection (2), insert—
(2A) Mae Rhan 2A yn ei gwneud yn drosedd i landlord neu berson sy’n gweithredu ar ran landlord neu’n honni ei fod yn gweithredu ar ran landlord wahaniaethu mewn perthynas â chontractau meddiannaeth yn erbyn personau a fyddai â phlant yn byw gyda hwy neu’n ymweld â hwy neu sy’n hawlyddion budd-daliadau, ac yn gwneud darpariaeth arall ynghylch gwahaniaethu o’r math hwnnw.
(3) After section 8 insert—
Rhan 2A Gwahardd gwahaniaethu
Gwahardd gwahaniaethu yn ymwneud â phlant
8A (1) Mae’n drosedd i berson perthnasol, mewn perthynas ag annedd sydd i fod yn destun contract meddiannaeth—
(a) ar y sail y byddai plentyn yn byw gyda pherson neu’n ymweld â pherson yn yr annedd, neu y gallai plentyn fyw gyda pherson neu ymweld â pherson yn yr annedd, pe bai’r annedd, yn gartref i’r person, atal y person rhag—
(i) ymholi a yw’r annedd ar gael i’w rhentu,
(ii) cael mynediad at wybodaeth am yr annedd,
(iii) gweld yr annedd er mwyn ystyried a ddylai geisio ei rhentu, neu
(iv) sicrhau contract meddiannaeth mewn cysylltiad â’r annedd neu sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei barhau, neu
(b) cymhwyso darpariaeth, maen prawf neu arfer er mwyn peri bod pobl a fyddai â phlentyn yn byw gyda hwy neu’n ymweld â hwy yn yr annedd yn llai tebygol o sicrhau contract meddiannaeth mewn cysylltiad â’r annedd neu’n llai tebygol o sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei barhau na phobl a fyddai heb blentyn yn byw gyda hwy neu’n ymweld â hwy.
(2) Mae’n amddiffyniad i’r person perthnasol brofi bod yr ymddygiad yn fodd cymesur o gyflawni nod dilys.
(3) Mae’n amddiffyniad i’r person perthnasol brofi bod darpar landlord yr annedd, neu berson a fyddai’n uwchlandlord mewn perthynas â’r annedd, wedi ei yswirio o dan gontract yswiriant—
(a) nad yw adran 8H yn gymwys iddo, a
(b) sy’n cynnwys teler sy’n ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd neu sy’n ei gwneud yn ofynnol i’r landlord gyfyngu’r amgylchiadau lle caniateir i ddeiliad contract wneud hynny,
a bod yr ymddygiad yn fodd i atal y person sydd wedi ei yswirio rhag torri’r teler hwnnw.
(4) Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar euogfarn ddiannod i ddirwy.
Gwahardd gwahaniaethu yn ymwneud â statws o ran budd-daliadau
8B (1) Mae’n drosedd i berson perthnasol, mewn perthynas ag annedd sydd i fod yn destun contract meddiannaeth—
(a) ar y sail bod person yn hawlydd budd-daliadau neu y gallai fod yn hawlydd budd-daliadau, atal y person rhag—
(i) ymholi a yw’r annedd ar gael i’w rhentu,
(ii) cael mynediad at wybodaeth am yr annedd,
(iii) gweld yr annedd er mwyn ystyried a ddylai geisio ei rhentu, neu
(iv) sicrhau contract meddiannaeth mewn cysylltiad â’r annedd neu sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei barhau, neu
(b) cymhwyso darpariaeth, maen prawf neu arfer er mwyn peri bod hawlyddion budd-daliadau yn llai tebygol o sicrhau contract meddiannaeth mewn cysylltiad â’r annedd neu’n llai tebygol o sicrhau bod contract o’r fath yn cael ei adnewyddu neu ei barhau na phobl nad ydynt yn hawlyddion budd-daliadau.
(2) Mae’n amddiffyniad i’r person perthnasol brofi bod darpar landlord yr annedd, neu berson a fyddai’n uwchlandlord mewn perthynas â’r annedd, wedi ei yswirio o dan gontract yswiriant—
(a) nad yw adran 8H yn gymwys iddo, a
(b) sy’n cynnwys teler sy’n ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract ar yr annedd rhag bod yn hawlydd budd-daliadau,
a bod yr ymddygiad yn fodd i atal y person sydd wedi ei yswirio rhag torri’r teler hwnnw.
(3) Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar euogfarn ddiannod i ddirwy.
Eithriad ar gyfer cyhoeddi hysbysiadau etc
8C Nid yw ymddygiad yn gyfystyr a throsedd o dan adran 8A(1) nac adran 8B(1) os nad yw ond yn cynnwys—
(a) un neu ragor o’r pethau a ganlyn a wneir gan berson nad yw’n gwneud dim mewn perthynas â’r annedd sydd heb ei grybwyll yn y paragraff hwn—
(i) cyhoeddi hysbysiadau neu ledaenu gwybodaeth;
(ii) darparu cyfrwng y gall darpar landlord gyfathrebu drwyddo yn uniongyrchol â darpar ddeiliad contract;
(iii) darparu cyfrwng y gall darpar ddeiliad contract gyfathrebu drwyddo yn uniongyrchol â darpar landlord, neu
(b) pethau o ddisgrifiad, neu bethau a wneir gan berson o ddisgrifiad, a bennir at ddibenion yr adran hon mewn rheoliadau.
Parhau i dorri gwaharddiad ar ôl cosb benodedig
8D (1) Mae person yn cyflawni trosedd—
(a) os oes hysbysiad cosb benodedig wedi ei roi i’r person o dan adran 13 am drosedd o dan y Rhan hon mewn perthynas ag annedd ac nad yw wedi ei dynnu’n ôl, a
(b) os yw’r ymddygiad y rhoddwyd yr hysbysiad cosb benodedig mewn cysylltiad ag ef yn parhau mewn perthynas â’r annedd honno ar ôl diwedd y cyfnod o 28 o ddiwrnodau sy’n dechrau â’r dyddiad y rhoddwyd yr hysbysiad o dan adran 13.
(2) Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar euogfarn ddiannod i ddirwy.
Ailadrodd tor gwaharddiad ar ôl cosb benodedig
8E (1) Mae person yn cyflawni trosedd—
(a) os oes hysbysiad cosb benodedig wedi ei roi i’r person o dan adran 13 am drosedd o dan y Rhan hon ac nad yw wedi ei dynnu’n ôl, a
(b) os yw’r person yn cyflawni trosedd arall o dan yr un adran o fewn y cyfnod o 5 mlynedd sy’n dechrau â’r dyddiad y rhoddwyd yr hysbysiad o dan adran 13.
(2) Mae person sy’n euog o drosedd o dan is-adran (1) yn agored ar euogfarn ddiannod i ddirwy.
Telerau mewn uwchlesau yn ymwneud â phlant neu statws o ran budd-daliadau
8F (1) Nid yw teler mewn les ar fangre sy’n ffurfio annedd neu sy’n cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i denant o dan y les honno neu unrhyw is-les—
(a) gwahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd, neu
(b) cyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd,
(ond mae’r les yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).
(2) Nid yw is-adran (1) yn gymwys—
(a) os yw’r gofyniad yn fodd cymesur o gyflawni nod dilys, neu
(b) os yw’r landlord o dan y les neu uwchlandlord wedi ei yswirio o dan gontract yswiriant—
(i) nad yw adran 8H yn gymwys iddo, a
(ii) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd neu gyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd,
a bod y gofyniad yn y les yn fodd i atal y sawl sydd wedi ei yswirio rhag torri’r teler hwnnw.
(3) Nid yw teler mewn les ar fangre sy’n ffurfio annedd neu sy’n cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i denant o dan y les honno neu unrhyw is-les wahardd deiliad contract rhag bod yn hawlydd budd-daliadau (ond mae’r les yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).
(4) Nid yw is-adran (3) yn gymwys os yw’r landlord o dan y les neu uwchlandlord wedi ei yswirio o dan gontract yswiriant—
(a) nad yw adran 8H yn gymwys iddo, a
(b) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract rhag bod yn hawlydd budd-daliadau,
a bod y gofyniad yn y les yn fodd i atal y sawl sydd wedi ei yswirio rhag torri’r teler hwnnw.
(5) At ddibenion yr adran hon, mae telerau les yn cynnwys—
(a) telerau unrhyw gytundeb sy’n ymwneud â’r les, a
(b) unrhyw ddogfen neu gyfathrebiad oddi wrth y landlord sy’n rhoi neu’n gwrthod cydsyniad i isosod o dan y les i gategori neu ddisgrifiad o berson.
Telerau mewn morgeisi yn ymwneud â phlant neu statws o ran budd-daliadau
8G (1) Nid yw teler mewn morgais ar fangre sy’n ffurfio annedd neu sy’n cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i’r morgeisiwr—
(a) gwahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd, neu
(b) cyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd,
(ond mae’r morgais yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).
(2) Nid yw teler mewn morgais ar fangre sy’n ffurfio annedd neu sy’n cynnwys annedd yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i’r morgeisiwr wahardd deiliad contract rhag bod yn hawlydd budd-daliadau (ond mae’r morgais yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).
Telerau mewn contractau yswiriant yn ymwneud â phlant neu statws o ran budd-daliadau
8H (1) Nid yw teler mewn contract yswiriant y mae’r adran hon yn gymwys iddo yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio—
(a) gwahardd deiliad contract rhag bod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd sy’n destun contract meddiannaeth, neu
(b) cyfyngu’r amgylchiadau lle caniateir i ddeiliad contract fod â phlentyn yn byw gydag ef neu’n ymweld ag ef yn yr annedd sy’n destun contract meddiannaeth,
(ond mae’r contract yswiriant yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).
(2) Nid yw teler mewn contract yswiriant y mae’r adran hon yn gymwys iddo yn rhwymo i’r graddau y byddai (oni bai am yr adran hon) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad contract annedd sy’n destun contract meddiannaeth rhag bod yn hawlydd budd-daliadau (ond mae’r contract yswiriant yn parhau, i’r graddau y bo hynny’n ymarferol, i gael effaith ym mhob cyswllt arall).
(3) Mae’r adran hon yn gymwys i gontractau yswiriant a wnaed neu yr estynnwyd eu cyfnod ar neu ar ôl y diwrnod y daw’r adran hon i rym.
Dim gwaharddiad ar roi ystyriaeth i incwm
8I Nid oes dim yn y Rhan hon yn gwahardd rhoi ystyriaeth i incwm person wrth ystyried a fyddai’r person hwnnw yn gallu fforddio talu rhent o dan gontract meddiannaeth.
Dehongli Rhan 2A
8J (1) Yn y Rhan hon—
mae i “contract meddiannaeth” (“occupation contract”) yr un ystyr ag yn Neddf Rhentu Cartrefi (Cymru) 2016 (dccc 1) (gweler adran 7 o’r Ddeddf honno);
ystyr “darpar ddeiliad contract” (“prospective contract-holder”) yw person sy’n ceisio dod o hyd i annedd i’w rhentu o dan gontract meddiannaeth;
ystyr “darpar landlord” (“prospective landlord”) yw person sy’n bwriadu gosod annedd o dan gontract meddiannaeth;
ystyr “hawlydd budd-daliadau” (“benefits claimant”) yw person—
sydd â hawl i gael taliadau (gan gynnwys taliadau a wneir yn uniongyrchol i landlord) o dan Ddeddf Cyfraniadau a Budd-daliadau Nawdd Cymdeithasol 1992 neu Ddeddf Diwygio Lles 2012 neu yn rhinwedd y deddfau hynny, neu a fyddai â hawl o’r fath pe bai’r person yn dod yn ddeiliad contract o dan gontract meddiannaeth,
sydd â hawl i gael taliadau (gan gynnwys taliadau a wneir yn uniongyrchol i landlord) o dan neu yn rhinwedd Deddf Ceiswyr Gwaith 1995, Deddf Credyd Pensiwn y Wladwriaeth 2002, Deddf Credydau Treth 2002, Deddf Diwygio Lles 2007 neu Ddeddf Pensiynau 2014,
sy’n cael gostyngiad yn swm y dreth gyngor sy’n daladwy mewn perthynas â chartref presennol y person o dan gynllun a wneir gan awdurdod bilio o dan neu yn rhinwedd adran 13A o Ddeddf Cyllid Llywodraeth Leol 1992, neu
a fyddai â’r hawl i gael gostyngiad yn swm y dreth gyngor sy’n daladwy mewn perthynas â’r annedd o dan sylw o dan gynllun a wneir gan yr awdurdod bilio y mae’r annedd yn ei ardal o dan neu yn rhinwedd adran 13A o Ddeddf Cyllid Llywodraeth Leol 1992, pe bai’r person—
yn rhentu’r annedd o dan gontract meddiannaeth, a
os yw gwneud cais yn rhagamod ar gyfer hawlio gostyngiad, yn gwneud cais i’r awdurdod bilio am ostyngiad o dan y cynllun;
ystyr “person perthnasol” (“relevant person”), mewn perthynas â chontract meddiannaeth, yw—
y darpar landlord;
person sy’n gweithredu’n uniongyrchol neu’n anuniongyrchol ar ran y darpar landlord neu sy’n honni ei fod yn gweithredu’n uniongyrchol neu’n anuniongyrchol ar ran y darpar landlord;
ystyr “plentyn” (“child”) yw person o dan 18 oed.
(2) Yn y Rhan hon, mae cyfeiriad at wneud rhywbeth ar sail ffeithiau penodol yn cynnwys cyfeiriad at wneud hynny ar sail cred yn y ffeithiau hynny.
(4) In section 10(4)—
(a) after the opening words insert—
(za) mewn perthynas â throsedd o dan Ran 2A neu o dan reoliadau o dan adran 47 neu 48 o Ddeddf Hawliau Rhentwyr 2025—
(i) person sy’n landlord o dan gontract meddiannaeth neu sydd wedi bod yn landlord o dan gontract o’r fath;
(ii) person sy’n ddeiliad contract o dan gontract meddiannaeth neu sydd wedi bod yn ddeiliad contract o dan gontract o’r fath;
(iii) person sy’n berson perthnasol mewn perthynas â chontract meddiannaeth neu sydd wedi bod yn berson perthnasol mewn perthynas â chontract o’r fath;
(zb) mewn perthynas â throsedd o dan unrhyw ddarpariaeth arall o’r Ddeddf hon—
;
(b) paragraphs (a) to (c) become paragraphs (i) to (iii) of paragraph (zb).
(5) After section 10(4) insert—
(4A) Yn is-adran (4)—
mae i “contract meddiannaeth” (“occupation contract”) yr un ystyr ag yn Neddf Rhentu Cartrefi (Cymru) 2016 (dccc 1) (gweler adran 7 o’r Ddeddf honno);
mae i “person perthnasol” (“relevant person”) yr ystyr a roddir yn adran 8J.
(6) In section 13(1) after “3” insert “neu Ran 2A o’r Ddeddf hon neu o dan reoliadau o dan adran 47 neu 48 o Ddeddf Hawliau Rhentwyr 2025”.
(7) In section 17—
(a) after subsection (3) insert—
(3A) At ddibenion y Rhan hon fel y mae’n ymwneud â throseddau o dan Ran 2A neu o dan reoliadau o dan adran 47 neu 48 o Ddeddf Hawliau Rhentwyr 2025, mae awdurdod pwysau a mesurau lleol yn awdurdod gorfodi ychwanegol mewn perthynas â’r ardal y mae’n awdurdod pwysau a mesurau ar ei chyfer.
;
(b) in subsection (4) the words from “ystyr” to the end become a definition;
(c) at the end of subsection (4) insert—
mae i “awdurdod pwysau a mesurau lleol” yr ystyr a roddir i “local weights and measures authority” gan adran 69(2) o Ddeddf Pwysau a Mesurau 1985.
(8) In section 27(3) after “adran 7,” insert “adran 8C,”.
44 Discrimination relating to children or benefits status: English language
(1) The English language text of the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) is amended as follows.
(2) In section 1, after subsection (2), insert—
(2A) Part 2A makes it an offence for a landlord or person acting or purporting to act on a landlord’s behalf to discriminate in relation to occupation contracts against persons who would have children live with or visit them or who are benefits claimants, and makes other provision about discrimination of that kind.
(3) After section 8 insert—
Part 2A Prohibition of discrimination
Prohibition of discrimination relating to children
8A (1) It is an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract—
(a) on the basis that a child would or may live with or visit a person at the dwelling if the dwelling were the person’s home, to prevent the person from—
(i) enquiring whether the dwelling is available for rent,
(ii) accessing information about the dwelling,
(iii) viewing the dwelling in order to consider whether to seek to rent it, or
(iv) obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or
(b) to apply a provision, criterion or practice in order to make people who would have a child live with or visit them at the dwelling less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who would not.
(2) It is a defence for the relevant person to prove that the conduct is a proportionate means of achieving a legitimate aim.
(3) It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance—
(a) to which section 8H does not apply, and
(b) which contains a term which requires the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or requires the landlord to restrict the circumstances in which a contract-holder may do so,
and the conduct is a means of preventing the insured from breaching that term.
(4) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.
Prohibition of discrimination relating to benefits status
8B (1) It is an offence for a relevant person, in relation to a dwelling that is to be the subject of an occupation contract—
(a) on the basis that a person is or may be a benefits claimant, to prevent the person from—
(i) enquiring whether the dwelling is available for rent,
(ii) accessing information about the dwelling,
(iii) viewing the dwelling in order to consider whether to seek to rent it, or
(iv) obtaining the grant, renewal or continuance of an occupation contract in respect of the dwelling, or
(b) to apply a provision, criterion or practice in order to make benefits claimants less likely to obtain the grant, renewal or continuance of an occupation contract in respect of the dwelling than people who are not benefits claimants.
(2) It is a defence for the relevant person to prove that the prospective landlord of the dwelling, or a person who would be a superior landlord in relation to the dwelling, is insured under a contract of insurance—
(a) to which section 8H does not apply, and
(b) which contains a term which requires the insured to prohibit a contract-holder of the dwelling from being a benefits claimant,
and the conduct is a means of preventing the insured from breaching that term.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.
Exception for publication of advertisements etc
8C Conduct does not constitute an offence under section 8A(1) or section 8B(1) if it consists only of—
(a) one or more of the following things done by a person who does nothing in relation to the dwelling that is not mentioned in this paragraph—
(i) publishing advertisements or disseminating information;
(ii) providing a means by which a prospective landlord can communicate directly with a prospective contract-holder;
(iii) providing a means by which a prospective contract-holder can communicate directly with a prospective landlord, or
(b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations.
Continuing breach of prohibition after fixed penalty
8D (1) A person commits an offence if—
(a) a fixed penalty notice has been given to the person under section 13 for an offence under this Part in relation to a dwelling and has not been withdrawn, and
(b) the conduct in respect of which the fixed penalty notice was given continues in relation to that dwelling after the end of the period of 28 days beginning with the date on which the notice under section 13 was given.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.
Repeated breach of prohibition after fixed penalty
8E (1) A person commits an offence if—
(a) a fixed penalty notice has been given to the person under section 13 for an offence under this Part and has not been withdrawn, and
(b) the person commits another offence under the same section within the period of 5 years beginning with the date on which the notice under section 13 was given.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.
Terms in superior leases relating to children or benefits status
8F (1) A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease to—
(a) prohibit a contract-holder from having a child live with or visit them at the dwelling, or
(b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling,
(but the lease continues, so far as practicable, to have effect in every other respect).
(2) Subsection (1) does not apply if—
(a) the requirement is a proportionate means of achieving a legitimate aim, or
(b) the landlord under the lease or a superior landlord is insured under a contract of insurance—
(i) to which section 8H does not apply, and
(ii) which contains a term which makes provision (however expressed) requiring the insured to prohibit a contract-holder from having a child live with or visit them at the dwelling or to restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling,
and the requirement in the lease is a means of preventing the insured from breaching that term.
(3) A term of a lease of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require a tenant under that or any inferior lease to prohibit a contract-holder from being a benefits claimant (but the lease continues, so far as practicable, to have effect in every other respect).
(4) Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance—
(a) to which section 8H does not apply, and
(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit a contract-holder from being a benefits claimant,
and the requirement in the lease is a means of preventing the insured from breaching that term.
(5) For the purposes of this section, the terms of a lease include—
(a) the terms of any agreement relating to the lease, and
(b) any document or communication from the landlord that gives or refuses consent for sub-letting under the lease to a category or description of person.
Terms in mortgages relating to children or benefits status
8G (1) A term of a mortgage of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require the mortgagor to—
(a) prohibit a contract-holder from having a child live with or visit them at the dwelling, or
(b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling,
(but the mortgage continues, so far as practicable, to have effect in every other respect).
(2) A term of a mortgage of premises that consist of or include a dwelling is not binding to the extent that (but for this section) it would require the mortgagor to prohibit a contract-holder from being a benefits claimant (but the mortgage continues, so far as practicable, to have effect in every other respect).
Terms in insurance contracts relating to children or benefits status
8H (1) A term of a contract of insurance to which this section applies is not binding to the extent that (but for this section) it would require the insured to—
(a) prohibit a contract-holder from having a child live with or visit them at the dwelling subject to an occupation contract, or
(b) restrict the circumstances in which a contract-holder may have a child live with or visit them at the dwelling subject to an occupation contract,
(but the insurance contract continues, so far as practicable, to have effect in every other respect).
(2) A term of a contract of insurance to which this section applies is not binding to the extent that (but for this section) it would require the insured to prohibit a contract-holder of a dwelling that is subject to an occupation contract from being a benefits claimant (but the insurance contract continues, so far as practicable, to have effect in every other respect).
(3) This section applies to contracts of insurance which were entered into or whose duration was extended on or after the day on which this section comes into force.
No prohibition on taking income into account
8I Nothing in this Part prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under an occupation contract.
Interpretation of Part 2A
8J (1) In this Part—
“benefits claimant” (“ceisydd budd-daliadau”) means a person who—
is entitled to payments (including payments made directly to a landlord) under or by virtue of the Social Security Contributions and Benefits Act 1992 or the Welfare Reform Act 2012, or would be so entitled were the person to become a contract-holder under an occupation contract,
is entitled to payments (including payments made directly to a landlord) under or by virtue of the Jobseekers Act 1995, the State Pension Credit Act 2002, the Tax Credits Act 2002, the Welfare Reform Act 2007 or the Pensions Act 2014,
is in receipt of a reduction in the amount of council tax payable in respect of the person’s current home under a scheme made by a billing authority under or by virtue of section 13A of the Local Government Finance Act 1992, or
would be entitled to a reduction in the amount of council tax payable in respect of the dwelling in question under a scheme made by the billing authority in whose area the dwelling is situated under or by virtue of section 13A of the Local Government Finance Act 1992, if the person were to—
rent the dwelling under an occupation contract, and
if an application is a precondition of entitlement, apply to the billing authority for a reduction under the scheme;
“child” (“plentyn”) means a person under the age of 18;
“occupation contract” (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act);
“prospective contract-holder” (“darpar ddeiliad contract”) means a person seeking to find a dwelling to rent under an occupation contract;
“prospective landlord” (“darpar landlord”) means a person who proposes to let a dwelling under an occupation contract;
“relevant person” (“person perthnasol”), in relation to an occupation contract, means—
the prospective landlord;
a person acting or purporting to act directly or indirectly on behalf of the prospective landlord.
(2) In this Part a reference to doing something on the basis of particular facts includes reference to doing it on the basis of a belief in those facts.
(4) In section 10(4)—
(a) after the opening words insert—
(za) in respect of an offence under Part 2A or under regulations under section 47 or 48 of the Renters’ Rights Act 2025—
(i) a person who is or has been a landlord under an occupation contract;
(ii) a person who is or has been a contract-holder under an occupation contract;
(iii) a person who is or has been a relevant person in relation to an occupation contract;
(zb) in respect of an offence under any other provision of this Act—
;
(b) paragraphs (a) to (c) become paragraphs (i) to (iii) of paragraph (zb).
(5) After section 10(4) insert—
(4A) In subsection (4)—
“occupation contract” (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act);
“relevant person” (“person perthnasol”) has the meaning given in section 8J.
(6) In section 13(1) after “3” insert “or Part 2A of this Act or under regulations under section 47 or 48 of the Renters’ Rights Act 2025”.
(7) In section 17—
(a) after subsection (3) insert—
(3A) For the purposes of this Part as it relates to offences under Part 2A or under regulations under section 47 or 48 of the Renters’ Rights Act 2025, a local weights and measures authority is an additional enforcement authority in relation to the area for which it is the local weights and measures authority.
;
(b) in subsection (4) the words from ““licensing” to the end become a definition;
(c) at the end of subsection (4) insert—
“local weights and measures authority” has the meaning given by section 69(2) of the Weights and Measures Act 1985.
(8) In section 27(3) after “section 7,” insert “section 8C,”.
45 Amendment of short title of Renting Homes (Fees etc.) (Wales) Act 2019
(1) Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 may be cited as Deddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019.
(2) The Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) may be cited as the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.
(3) In the Welsh language text of the following provisions, for “Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019” substitute “Deddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019”—
(a) section 41(2A) of the Housing (Wales) Act 2014 (anaw 7);
(b) in Schedule 9A to the Renting Homes (Wales) Act 2016 (anaw 1)—
(i) the italic heading before paragraph 5;
(ii) paragraph 5(1)(a);
(iii) paragraph 5(2)(a);
(c) in regulation 2 of the Renting Homes (Rent Determination) (Converted Contracts) (Wales) Regulations 2022 (S.I. 2022/781 (W. 170)), paragraph (b) of the definition of “rhent”;
(d) in Schedule 2 to the Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022 (S.I. 2022/28 (W. 13)), in Part 3 of the model written statement, in term 68—
(i) the heading;
(ii) paragraphs (1)(a) and (2)(a).
(4) In the English language text of the following provisions, for “Renting Homes (Fees etc.) (Wales) Act 2019” substitute “Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019”—
(a) section 41(2A) of the Housing (Wales) Act 2014;
(b) in Schedule 9A to the Renting Homes (Wales) Act 2016—
(i) the italic heading before paragraph 5;
(ii) paragraph 5(1)(a);
(iii) paragraph 5(2)(a);
(c) in regulation 2 of the Renting Homes (Rent Determination) (Converted Contracts) (Wales) Regulations 2022, paragraph (b) of the definition of “rent”;
(d) in Schedule 2 to the Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022, in Part 3 of the model written statement, in term 68—
(i) the heading;
(ii) paragraphs (1)(a) and (2)(a).
(5) In section 31 of the Renting Homes (Fees etc.) (Wales) Act 2019—
(a) in the Welsh language text after “Ffioedd” insert “, Gwahaniaethu”;
(b) in the English language text after “Fees” insert “, Discrimination”.
46 Amendments of Renting Homes (Wales) Act 2016 regarding discrimination
(1) The Welsh language text of the Renting Homes (Wales) Act 2016 (anaw 1) is amended as follows.
(2) In section 30, after paragraph (d) insert—
(da) mae’n gwahardd landlordiaid rhag ymyrryd â hawl deiliaid contract i gael plant yn byw gyda hwy neu’n ymweld â hwy, neu i’ hawlio budd-daliadau,
.
(3) After section 54 insert—
Pennod 6A Gwahardd gwahaniaethu yn erbyn pobl sydd â phlant neu sy’n hawlyddion budd-daliadau
Yr hawl i blant fyw yn yr annedd neu ymweld â hi
54A (1) Yn ddarostyngedig i is-adran (2), caniateir i ddeiliad y contract o dan gontract meddiannaeth ganiatáu i berson nad yw wedi cyrraedd 18 oed fyw yn yr annedd neu ymweld â hi.
(2) Ni chaniateir i’r landlord o dan gontract meddiannaeth ymyrryd â hawl deiliad y contract o dan is-adran (1) na chyfyngu ar arfer yr hawl honno, oni bai bod yr ymyrryd neu’r cyfyngu yn fodd cymesur o gyflawni nod dilys.
(3) Mae’r adran hon yn ddarpariaeth sylfaenol sydd wedi ei hymgorffori fel un o delerau pob contract meddiannaeth, ac eithrio pan fo’r landlord neu uwchlandlord wedi ei yswirio o dan gontract yswiriant—
(a) nad yw adran 8H o Ddeddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019 yn gymwys iddo, a
(b) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd y deiliad contract rhag bod â pherson nad yw wedi cyrraedd 18 oed yn byw gydag ef neu’n ymweld ag ef yn yr annedd neu gyfyngu’r amgylchiadau lle caniateir i ddeiliad y contract fod â pherson o’r fath yn byw gydag ef neu’n ymweld ag ef yn yr annedd.
Yr hawl i hawlio budd-daliadau
54B (1) Ni chaniateir i’r landlord o dan gontract meddiannaeth wahardd deiliad y contract rhag bod yn hawlydd budd-daliadau o fewn yr ystyr a roddir gan adran 8J o Ddeddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019.
(2) Mae’r adran hon yn ddarpariaeth sylfaenol sydd wedi ei hymgorffori fel un o delerau pob contract meddiannaeth, ac eithrio pan fo’r landlord neu uwchlandlord wedi ei yswirio o dan gontract yswiriant—
(a) nad yw adran 8H o Ddeddf Rhentu Cartrefi (Ffioedd, Gwahaniaethu etc.) (Cymru) 2019 yn gymwys iddo, a
(b) sy’n cynnwys teler sy’n gwneud darpariaeth (sut bynnag y’i mynegir) yn ei gwneud yn ofynnol i’r sawl sydd wedi ei yswirio wahardd deiliad y contract rhag hawlio taliadau a grybwyllir yn is-adran (1).
(4) In Schedule 1 (overview of fundamental provisions incorporated as terms of occupation contracts), in Table 3 in Part 1, Table 4 in Part 2 and Table 5 in Part 3, at the appropriate place in each insert—
Adran 54A | Rhaid i L beidio ag ymyrryd â hawl D-C i fod â phersonau o dan 18 oed yn ymweld â’r annedd neu’n byw yno
Adran 54B | Rhaid i L beidio â gwahardd D-C rhag hawlio budd-daliadau lles
.
(5) The English language text of the Renting Homes (Wales) Act 2016 (anaw 1) is amended as follows.
(6) In section 30, after paragraph (d) insert—
(da) it prohibits landlords from interfering with contract-holders having children live with or visit them, or claiming benefits,
.
(7) After section 54 insert—
Chapter 6A Prohibition of discrimination against people with children and benefits claimants
Right for children to live at or visit dwelling
54A (1) Subject to subsection (2), the contract-holder under an occupation contract may permit a person who has not reached the age of 18 to live in or visit the dwelling.
(2) The landlord under an occupation contract must not interfere with or restrict the exercise of the contract-holder’s right under subsection (1), unless the interference or restriction is a proportionate means of achieving a legitimate aim.
(3) This section is a fundamental provision which is incorporated as a term of all occupation contracts, except where the landlord or a superior landlord is insured under a contract of insurance—
(a) to which section 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 does not apply, and
(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit the contract-holder from having a person who has not reached the age of 18 live with or visit them at the dwelling or to restrict the circumstances in which the contract-holder may have such a person live with or visit them at the dwelling.
Right to claim benefits
54B (1) The landlord under an occupation contract must not prohibit the contract-holder from being a benefits claimant within the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.
(2) This section is a fundamental provision which is incorporated as a term of all occupation contracts, unless the landlord or a superior landlord is insured under a contract of insurance—
(a) to which section 8H of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 does not apply, and
(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit the contract-holder from claiming payments mentioned in subsection (1).
(8) In Schedule 1 (overview of fundamental provisions incorporated as terms of occupation contracts), in Table 3 in Part 1, Table 4 in Part 2 and Table 5 in Part 3, at the appropriate place in each insert—
Section 54A | L must not interfere with C-H’s right to have persons under 18 visit or live at the dwelling
Section 54B | L must not prohibit C-H from claiming welfare benefits
.
(1) If the Welsh Ministers are satisfied that—
(a) a discriminatory rental practice exists in relation to dwellings that may be the subject of occupation contracts (“relevant rental dwellings”), and
(b) because of that discriminatory rental practice, the victims of that practice are significantly less likely to obtain the grant, renewal or continuance of occupation contracts than other people,
the Welsh Ministers may make regulations prohibiting that discriminatory rental practice.
(2) A “discriminatory rental practice” exists in relation to relevant rental dwellings if some or all relevant persons—
(a) on the basis that people are members of a particular group, prevent those people from—
(i) enquiring whether relevant rental dwellings are available for rent,
(ii) accessing information about relevant rental dwellings,
(iii) viewing relevant rental dwellings in order to consider whether to seek to rent them, or
(iv) obtaining the grant, renewal or continuance of occupation contracts in respect of relevant rental dwellings, or
(b) apply a provision, criterion or practice in order to make a particular group of people less likely to obtain the grant, renewal or continuance of occupation contracts of relevant rental dwellings than people not in that group.
(3) The “victims” of a discriminatory rental practice are—
(a) where a particular group of people are prevented from doing the things mentioned in subsection (2)(a), the people in that group;
(b) where a provision, criterion or practice is applied in order to make a particular group of people less likely to obtain the grant, renewal or continuance of occupation contracts as mentioned in subsection (2)(b), the people in that group.
(4) Regulations “prohibiting” a discriminatory rental practice are regulations relating to—
(a) the discriminatory rental practice, and
(b) the persons who are the victims of it,
which make provision corresponding to the relevant anti-discrimination legislation.
(5) The relevant anti-discrimination legislation is—
(a) Part 2A of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019, except for section 8C(b), and
(b) Chapter 6A of Part 3 of the Renting Homes (Wales) Act 2016;
but regulations under this section may make provision corresponding to the provision that may be made under section 8C(b) of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.
(6) Before making regulations prohibiting a discriminatory rental practice, the Welsh Ministers must consult such of the following persons as the Welsh Ministers consider appropriate—
(a) victims of the discriminatory rental practice or one or more representatives of such persons;
(b) landlords and prospective landlords under occupation contracts or one or more representatives of such persons;
(c) other landlords and prospective landlords under leases of premises that consist of or include a dwelling or one or more representatives of such persons;
(d) mortgagees of dwellings or one or more representatives of such persons;
(e) insurers of dwellings or one or more representatives of such persons;
(f) local housing authorities or one or more representatives of local housing authorities.
(7) For that purpose a “representative” of persons of a particular kind, or of local housing authorities, is a body or other person which appears to the Welsh Ministers to represent the interests of persons of that kind, or of local housing authorities.
(8) Regulations under this section may amend, repeal or revoke provision made from time to time by or under the relevant anti-discrimination legislation.
(9) In this section—
“benefits claimant” has the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019;
“local housing authority” means the council for a county or county borough in Wales;
“occupation contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act);
“relevant person” has the meaning given by section 8J of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.
Regulations under section 8C of the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 (as inserted by this Act) or section 47 of this Act may only make provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
50 Discrimination relating to children or benefits status
(1) The Private Housing (Tenancies) (Scotland) Act 2016 (asp 19) is amended in accordance with subsections (2) to (4).
(2) After section 6 insert—
Part 1A Choice of tenant
Offence of discriminating in relation to children
6A (1) It is an offence for a relevant person to, in relation to a property that is to be let on an agreement which may give rise to a private residential tenancy—
(a) prevent a person, on the basis that the relevant person believes that the property would or may be used by a child if the property were the person’s home, from—
(i) enquiring whether the property is available for let,
(ii) accessing information about the property,
(iii) viewing the property in order to consider whether to seek to rent it, or
(iv) entering into a tenancy of the property, or
(b) apply a provision, criterion or practice in order to make people who would allow the property to be used by a child less likely to enter into a tenancy of the property than people who would not.
(2) It is a defence for the relevant person to show—
(a) that the conduct is a proportionate means of achieving a legitimate aim, or
(b) that the property is insured under an excluded contract of insurance and the conduct is a means of preventing the insured from breaching the term which causes the contract to be an excluded contract of insurance.
(3) Conduct does not constitute an offence under subsection (1) if it consists only of—
(a) things done by a person who does nothing in relation to the property other than one or more of the following things—
(i) publishing advertisements or disseminating information,
(ii) providing a means by which a prospective landlord can communicate directly with a prospective tenant,
(iii) providing a means by which a prospective tenant can communicate directly with a prospective landlord, or
(b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Scottish Ministers.
(4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) For the purpose of this section—
(a) a property is used by a child if a child lives with or visits a person at the property,
(b) a contract of insurance is an excluded contract of insurance if—
(i) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and
(ii) it contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a private residential tenancy from allowing a child to use the property, or to restrict the circumstances in which such a tenant may allow a child to do so.
Offence of discriminating in relation to benefits status
6B (1) It is an offence for a relevant person to, in relation to a property that is to be let on an agreement which may give rise to a private residential tenancy—
(a) prevent a person, on the basis of the person’s benefits status, from—
(i) enquiring whether the property is available for let,
(ii) accessing information about the property,
(iii) viewing the property in order to consider whether to seek to rent it, or
(iv) entering into a tenancy of the property, or
(b) apply a provision, criterion or practice in order to make people who are or who, if the property were their home, may become benefits claimants less likely to enter into a tenancy of the property than people who are not.
(2) It is a defence for the relevant person to show that the property is insured under an excluded contract of insurance and the conduct is a means of preventing the insured from breaching the term which causes the contract to be an excluded contract of insurance.
(3) Conduct does not constitute an offence under subsection (1) if it consists only of—
(a) things done by a person who does nothing in relation to the property other than one or more of the following things—
(i) publishing advertisements or disseminating information,
(ii) providing a means by which a prospective landlord can communicate directly with a prospective tenant,
(iii) providing a means by which a prospective tenant can communicate directly with a prospective landlord, or
(b) things of a description, or things done by a person of a description, specified for the purposes of this section in regulations made by the Scottish Ministers.
(4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) For the purpose of this section—
(a) something is done on the basis of a person’s benefits status if it is done on the basis that the relevant person believes that the person is, or may be or, if the property were the person’s home, may become a benefits claimant,
(b) a contract of insurance is an excluded contract of insurance if—
(i) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and
(ii) it contains a term which makes provision (however expressed) requiring the insured to prohibit a tenant under a private residential tenancy from being a benefits claimant.
Discriminatory terms relating to children or benefits status
6C (1) A term of a private residential tenancy is of no effect so far as the term makes provision (however expressed)—
(a) prohibiting the tenant from having a child live with or visit the tenant at the property or restricting the circumstances in which the tenant may have a child do so, or
(b) prohibiting the tenant from being a benefits claimant.
(2) But—
(a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim,
(b) subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance.
(3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if—
(a) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and
(b) it contains a term which makes provision (however expressed) requiring the landlord—
(i) to prohibit the tenant from having a child live with or visit the tenant at the property or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the property, or
(ii) to prohibit the tenant from being a benefits claimant.
No prohibition on taking income into account
6D Nothing in this Part prohibits taking a person’s income into account when considering whether that person would be able to afford to pay rent under a private residential tenancy.
Interpretation of Part 1A
6E In this Part—
“benefits claimant” means a person who—
is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or
is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a),
“benefits and welfare legislation” means—
the Social Security Contributions and Benefits Act 1992,
the Jobseekers Act 1995,
the State Pension Credit Act 2002,
the Tax Credits Act 2002,
the Welfare Reform Act 2007,
the Welfare Reform Act 2012,
the Pensions Act 2014,
the Social Security (Scotland) Act 2018,
“child” means a person under the age of 18,
“prospective landlord” means a person who proposes to let a property on an agreement which may give rise to a private residential tenancy,
“prospective tenant” means a person seeking to find a property to rent,
“relevant person”, in relation to a property, means—
the prospective landlord,
a person acting or purporting to act directly or indirectly on behalf of the prospective landlord.
(3) Before section 76, insert—
Crown application
75A (1) Nothing in Part 1A makes the Crown criminally liable.
(2) But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable were it not for subsection (1).
(3) Subsection (1) does not affect the criminal liability of persons in the service of the Crown.
(4) In section 77 (regulation-making powers), in subsection (4), after “sections” insert “6A(3)(b), 6B(3)(b),”.
(5) The Housing (Scotland) Act 1988 is amended in accordance with subsection (6).
(6) After section 26 insert—
Discriminatory terms relating to children or benefits status
26A (1) A term of an assured tenancy is of no effect so far as the term makes provision (however expressed)—
(a) prohibiting the tenant from having a child live with or visit the tenant at the dwelling or restricting the circumstances in which the tenant may have a child do so, or
(b) prohibiting the tenant from being a benefits claimant.
(2) But—
(a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, and
(b) subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance.
(3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if—
(a) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and
(b) it contains a term which makes provision (however expressed) requiring the landlord—
(i) to prohibit the tenant from having a child live with or visit the tenant at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the dwelling, or
(ii) to prohibit the tenant from being a benefits claimant.
(4) In this section—
“benefits claimant” means a person who—
is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or
is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a),
“benefits and welfare legislation” means—
the Social Security Contributions and Benefits Act 1992,
the Jobseekers Act 1995,
the State Pension Credit Act 2002,
the Tax Credits Act 2002,
the Welfare Reform Act 2007,
the Welfare Reform Act 2012,
the Pensions Act 2014,
the Social Security (Scotland) Act 2018,
“child” means a person under the age of 18.
(7) The Rent (Scotland) Act 1984 is amended in accordance with subsection (8).
(8) After section 101 insert—
Discriminatory terms relating to children or benefits status
101A (1) A term of a protected or statutory tenancy is of no effect so far as the term makes provision (however expressed)—
(a) prohibiting the tenant from having a child live with or visit the tenant at the dwelling or restricting the circumstances in which the tenant may have a child do so, or
(b) prohibiting the tenant from being a benefits claimant.
(2) But—
(a) subsection (1)(a) does not apply if the provision is a proportionate means of achieving a legitimate aim, and
(b) subsection (1)(a) and (b) does not apply to the extent that the landlord is insured under an excluded contract of insurance and the provision in the tenancy is a means of preventing the landlord from breaching the term which causes the contract to be an excluded contract of insurance.
(3) For the purpose of subsection (2)(b), a contract of insurance is an excluded contract of insurance if—
(a) section 52 of the Renters’ Rights Act 2025 (terms in insurance contracts relating to children or benefits status) does not apply to it, and
(b) it contains a term which makes provision (however expressed) requiring the landlord—
(i) to prohibit the tenant from having a child live with or visit the tenant at the dwelling or to restrict the circumstances in which the tenant may have a child live with or visit the tenant at the dwelling, or
(ii) to prohibit the tenant from being a benefits claimant.
(4) In this section—
“benefits claimant” means a person who—
is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation, or
is entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a),
“benefits and welfare legislation” means—
the Social Security Contributions and Benefits Act 1992,
the Jobseekers Act 1995,
the State Pension Credit Act 2002,
the Tax Credits Act 2002,
the Welfare Reform Act 2007,
the Welfare Reform Act 2012,
the Pensions Act 2014,
the Social Security (Scotland) Act 2018,
“child” means a person under the age of 18.
51 Terms in standard securities relating to children or benefits status
(1) A term of a standard security over land that consists of or includes a dwelling is of no effect so far as the term makes provision (however expressed) requiring the debtor in the standard security to—
(a) prohibit a tenant under a relevant tenancy from having a child live with or visit the tenant at the dwelling, or
(b) restrict the circumstances in which a tenant under a relevant tenancy may have a child live with or visit the tenant at the dwelling.
(2) A term of a standard security over land that consists of or includes a dwelling is of no effect so far as the term makes provision (however expressed) requiring the debtor in the standard security to prohibit a benefits claimant from being a tenant under a relevant tenancy.
52 Terms in insurance contracts relating to children or benefits status
(1) A term of a contract of insurance to which this section applies is of no effect so far as the term makes provision (however expressed) requiring the insured to—
(a) prohibit a tenant under a relevant tenancy from having a child live with or visit the tenant at the dwelling which forms the subject of the tenancy, or
(b) restrict the circumstances in which a tenant under a relevant tenancy may have a child live with or visit the tenant at the dwelling.
(2) A term of a contract of insurance to which this section applies is of no effect so far as the term makes provision (however expressed) requiring the insured to prohibit a benefits claimant from being a tenant under a relevant tenancy.
(3) This section applies to contracts of insurance which are entered into or whose duration is extended on or after the day on which this section comes into force.
(1) The Scottish Ministers may by regulations make provision about relevant tenancies, corresponding to the provision made by this Chapter in relation to persons who would have a child live with or visit them or persons who are benefits claimants, in relation to persons of another description.
(2) Before making regulations under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate.
(3) Regulations under subsection (1)—
(a) may amend, repeal or revoke provision made by or under—
(i) an Act of the Scottish Parliament,
(ii) an Act (including this Act),
whenever passed or made;
(b) may only make provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.
The Secretary of State may by regulations make provision that the Scottish Ministers could make under section 53(1) but for the limitation in section 53(3)(b).
In this Chapter—
“benefits claimant” means a person who—
is entitled to payments (including payments made directly to a landlord) under or by virtue of benefits and welfare legislation or would be so entitled were the person to become a tenant under a private residential tenancy, or
is entitled, or would (on application or otherwise), if the person were to rent the property, be entitled, by virtue of section 80 of the Local Government Finance Act 1992, to a reduction in the amount of council tax payable in respect of the property on the basis of income or an entitlement to a payment mentioned in paragraph (a);
“benefits and welfare legislation” means—
the Social Security Contributions and Benefits Act 1992;
the Jobseekers Act 1995;
the State Pension Credit Act 2002;
the Tax Credits Act 2002;
the Welfare Reform Act 2007;
the Welfare Reform Act 2012;
the Pensions Act 2014;
the Social Security (Scotland) Act 2018 (asp 9);
“child” means a person under the age of 18;
“relevant tenancy” means—
a private residential tenancy under the Private Housing (Tenancies) (Scotland) Act 2016 (asp 19);
an assured tenancy under the Housing (Scotland) Act 1988;
a protected or statutory tenancy under the Rent (Scotland) Act 1984;
“tenant” includes sub-tenant.
56 Requirement to state rent and to avoid rental bidding
(1) This section applies to a letting of a dwelling (a “proposed letting”) if the letting is to be on an agreement which may give rise to a relevant tenancy.
(2) A relevant person must not advertise in writing, or otherwise offer in writing, the proposed letting unless—
(a) the rent that is to be payable under the letting is a specific amount (the “proposed rent”), and
(b) the advertisement or offer states the proposed rent.
(3) A relevant person must not—
(a) invite or encourage any person to offer to pay an amount of rent under the proposed letting that exceeds the stated rent, or
(b) accept an offer from any person to pay an amount of rent under the proposed letting that exceeds the stated rent.
(4) For the purposes of subsection (3)(a) or (b), the “stated rent” is the proposed rent which is stated—
(a) by the relevant person who is inviting or encouraging, or accepting, the offer of rent, or
(b) by any other relevant person,
in any written advertisement for, or written offer of, the proposed letting.
(5) Subsection (2) does not apply to a sign displayed at the dwelling, or at premises in which the dwelling is situated, which merely advertises that the dwelling is to let.
(6) In this section—
“prospective landlord” means the person who proposes to make a proposed letting;
“relevant person”, in relation to a proposed letting, means—
the prospective landlord, or
a person acting or purporting to act directly or indirectly on behalf of the prospective landlord;
“relevant tenancy” means an assured tenancy within the meaning of the 1988 Act, other than a tenancy that is—
a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, or
a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2 to the 1988 Act.
(1) A local housing authority may impose a financial penalty under this subsection on a person if satisfied on the balance of probabilities that the person has breached the prohibition imposed by section 56(2) or (3).
(2) If—
(a) the local housing authority imposes a financial penalty under subsection (1) on a person, and
(b) within the period of five years ending with the date on which that penalty was imposed, a previous financial penalty under subsection (1) was imposed on that person in relation to a breach of the same subsection of section 56,
then the local housing authority may impose an additional financial penalty under this subsection on that person.
(3) 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 £7,000.
(4) Subsection (2) 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) Where—
(a) a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and
(b) the breaches in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others,
the local housing authority may impose a financial penalty under that subsection on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it.
(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 amount specified in subsection (3) to reflect changes in the value of money.
(9) For the purposes of this section—
(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.
58 Penalties for unlawful eviction or harassment of occupier
(1) The Protection from Eviction Act 1977 is amended as follows.
(2) In section 1, after subsection (6) insert—
(7) A person may not be convicted of an offence under this section in respect of any conduct if a financial penalty has been imposed under section 1A in respect of that conduct.
(3) After section 1 insert—
Financial penalty for offence under section 1
1A (1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has committed an offence under section 1 in relation to premises in England.
(2) No financial penalty may be imposed in respect of any conduct amounting to an offence under section 1 if—
(a) the person has been convicted of an offence under that section 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 of the offence.
(3) 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 £40,000.
(4) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.
(5) Local housing authorities must have regard to any guidance issued under subsection (4).
(6) Schedule A1 makes provision about—
(a) the procedure for imposing financial penalties,
(b) appeals against financial penalties,
(c) enforcement of financial penalties, and
(d) how local housing authorities are to deal with the proceeds of financial penalties.
(7) The Secretary of State may by regulations amend the amount specified in subsection (3) to reflect changes in the value of money.
(8) Regulations under this section are to be made by statutory instrument.
(9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(10) In this section and Schedule A1, “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.
(4) Before Schedule 1 insert—
Schedule A1
Financial penalty for offence under section 1
Section 1A
Notice of intent
1 Before imposing a financial penalty on a person under section 1A a local housing authority must give the person notice of its proposal to do so (a “notice of intent”).
2 (1) 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 sufficient evidence of the conduct to which the financial penalty relates.
(2) But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—
(a) at any time when the conduct is continuing, or
(b) within the period of 6 months beginning with the last day on which the conduct occurs.
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 financial penalty, and
(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 local housing 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 that on which the notice 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 impose a financial penalty, decide the amount of the penalty.
6 If the authority decides to impose a financial penalty on the person, it must give the person a notice (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 served,
(b) the amount of the financial penalty,
(c) the reasons for imposing the penalty,
(d) information about how to pay the penalty,
(e) the period for payment of the penalty,
(f) information about rights of appeal, and
(g) 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 the 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 was given.
(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 local housing 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 confirm, vary or cancel the final notice.
(6) The final notice may not be varied under sub-paragraph (5) so as to make it 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 whole or part of the penalty 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 local housing authority which imposed the 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 this Act, 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 this Act or otherwise in relation to the private rented sector.
13 Any proceeds of a financial penalty imposed under this Act which are not applied in accordance with paragraph 12 must be paid to the Secretary of State.
14 (1) In paragraph 12, 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 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
(e) 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” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.
(3) For the purposes of this paragraph, “tenancy” includes a licence to occupy.
(1) Schedule 14 to the Housing Act 2004 (buildings which are not HMOs) is amended in accordance with subsections (2) and (4).
(2) After paragraph 3 insert—
Buildings occupied by students: England
3A (1) Any building in England—
(a) which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at a specified educational establishment, or at an educational establishment of a specified description, and where the person managing or having control of it is the educational establishment in question, or
(b) which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at an educational establishment and where the person managing or having control of it is a specified person or a person of a specified description.
(2) In—
(a) sub-paragraph (1)(a) “specified” means specified for the purposes of that sub-paragraph in regulations made by the Secretary of State;
(b) sub-paragraph (1)(b) “specified” means specified for the purposes of that sub-paragraph in regulations made by the Secretary of State;
and the regulations may (in particular) provide that an educational establishment is specified, or of a specified description, for the purposes of sub-paragraph (1)(b).
(3) Those regulations may, in particular, specify—
(a) as a description of educational establishment for the purposes of sub-paragraph (1)(a), or
(b) as a description of person for the purposes of sub-paragraph (1)(b),
the members from time to time, or a description of the members from time to time, of a housing management code of practice which is specified in the regulations.
(4) The Secretary of State may by regulations—
(a) specify a class of building, and
(b) provide that a building—
(i) does not fall within this paragraph if it is of the specified class, or
(ii) falls within this paragraph only if it is of the specified class.
(5) The Secretary of State may by regulations—
(a) specify a building manager or a class of building manager,
(b) specify a class of building in relation to the specified building manager or the specified class of building manager, and
(c) provide that a building which the specified building manager, or a building manager of the specified class, manages or has control of—
(i) does not fall within this paragraph if the building is of the specified class, or
(ii) falls within this paragraph only if the building is of the specified class.
(6) Regulations under sub-paragraph (4)(a) or (5)(b) may, in particular, specify as a class of building—
(a) the buildings, or
(b) a class of the buildings,
from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (4)(a) or (5)(b).
(7) Regulations under sub-paragraph (5)(a) may, in particular, specify as a class of building manager—
(a) the members, or
(b) a class of the members,
from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (5)(a).
(8) For the purposes of this paragraph—
(a) “building manager” means an educational establishment or other person managing or having control of a building;
(b) “housing management code of practice” means a code of practice approved by the Secretary of State under section 233 (codes relating to the management of HMOs or excepted accommodation);
(c) a building is “subject to” a housing management code of practice if it—
(i) is a particular building subject to the code, or
(ii) is of a class of buildings subject to the code;
(d) a reference to—
(i) a class of the buildings from time to time subject to a housing management code of practice, or
(ii) a class of the members from time to time of a housing management code of practice,
includes the buildings or members that are from time to time in a class provided for in the code of practice.
(3) Any regulations made by the Secretary of State under paragraph 4 of Schedule 14 to the Housing Act 2004 before the coming into force of this section are to continue to have effect on and after the coming into force of this section as if made under paragraph 3A of that Schedule (inserted by this section).
(4) In paragraph 4 (buildings occupied by students)—
(a) in the heading, after “students” insert “: Wales”;
(b) in sub-paragraph (1), in the words before paragraph (a), after “building” insert “in Wales”.
(c) in sub-paragraph (2), for “appropriate national authority” substitute “Welsh Ministers”.
(d) in sub-paragraph (3), for “appropriate national authority” substitute “Welsh Ministers”.
(e) in sub-paragraph (4)—
(i) in the words before paragraph (a), for “appropriate national authority may have regard to the extent to which, in its opinion” substitute “Welsh Ministers may have regard to the extent to which, in their opinion”;
(ii) in paragraph (a), for “authority” substitute “Welsh Ministers”.
(5) In consequence of the other amendments made by this section—
(a) in paragraph 16E(3) of Schedule 2 to the Finance Act 2019 (inserted by Schedule 1 to the Finance Act 2025) (meaning of “institutional building”), in paragraph (i)(i) and (ii) (buildings occupied by students), for “paragraph 4” substitute “paragraph 3A or 4”;
(b) in the Capital Allowances Act 2001, in section 270CF (exclusion from qualifying use: residential use), in subsection (1)(b), for “paragraph 4” substitute “paragraph 3A or 4”.
(6) Any regulations made by the Treasury under paragraph 16E(3)(i)(ii) of Schedule 2 to the Finance Act 2019 before the coming into force of this section which designate provision as provision corresponding to paragraph 4 of Schedule 14 to the Housing Act 2004 are to continue to have effect on and after the coming into force of this section as if they designated the provision as provision corresponding to paragraph 3A or 4 of that Schedule.
(1) In this Part—
“residential landlord” means the landlord under a relevant tenancy of a dwelling in England that is not social housing;
“residential tenancy” and “residential tenant” are to be read accordingly.
(2) In subsection (1)—
“dwelling” means a building or part of a building which is occupied or intended to be occupied as a separate dwelling;
“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.
(3) In this section, “relevant tenancy” means—
(a) an assured tenancy within the meaning of the 1988 Act, or
(b) a regulated tenancy within the meaning of the Rent Act 1977.
(4) The Secretary of State may by regulations amend this Chapter so as to—
(a) change the meaning of “residential landlord” in relation to a relevant tenancy—
(i) so that, in addition to or instead of the landlord under the relevant tenancy, it includes any or all superior landlords in relation to that tenancy, or
(ii) so that it does not include superior landlords added by virtue of this paragraph;
(b) change the meaning of “relevant tenancy” so as to add or remove a particular kind of—
(i) tenancy of a dwelling that is periodic or granted for a term of less than 21 years, or
(ii) licence to occupy a dwelling;
(c) change the meaning of “dwelling”—
(i) so that, in addition to a building or part of a building, it includes any other structure, vehicle or vessel,
(ii) so that it includes a building or part of a building, and anything for the time being included in the meaning of “dwelling” by virtue of sub-paragraph (i), which is occupied or intended to be occupied as a dwelling that is not a separate dwelling, or
(iii) so that it does not include anything added by virtue of this paragraph.
(5) Kinds of tenancy or licence added or removed under subsection (4)(b) may be identified by reference to any matters connected directly or indirectly with a tenancy or licence, including the characteristics or circumstances of any person who is so connected.
(6) In subsection (4)(b)—
(a) the reference to a tenancy of a dwelling includes a tenancy under which the dwelling is occupied for the purposes of either House of Parliament, and
(b) the reference to a licence to occupy a dwelling includes such a licence under which the dwelling is occupied for the purposes of either House of Parliament.
(7) The provision that may be made in regulations under subsection (4) by virtue of section 140(1)(a) includes provision amending section 99.
(8) The provision that may be made in regulations under subsection (4) by virtue of section 140(1)(b) includes different provision for the purposes of different Chapters of this Part.
(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—
against the member, or
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.
65 Approval and designation of landlord redress schemes
(1) The Secretary of State must by regulations set out conditions which are to be satisfied for a scheme to be approved or designated under section 64(2)(b).
(2) The conditions must include conditions requiring the scheme to include provision in accordance with the regulations—
(a) for the appointment of an individual to be responsible for overseeing and monitoring the investigation and determination of complaints under the scheme,
(b) about the terms and conditions of that individual and the termination of their appointment,
(c) about the complaints that may be made under the scheme, which must include provision enabling the making of complaints about non-compliance with any codes of practice for residential landlords that are issued or approved by the Secretary of State,
(d) about the time to be allowed for scheme members to resolve matters before a complaint is accepted under the scheme in relation to those matters,
(e) about the circumstances in which a complaint may be rejected,
(f) about co-operation (which may include the joint exercise of functions) of an individual who is investigating or determining a complaint with persons who have functions in relation to other kinds of complaint and with local housing authorities,
(g) about the provision of information to the persons mentioned in paragraph (f) and the Secretary of State,
(h) if members are required to pay fees in respect of compulsory aspects of the scheme, about the amount or amounts of those fees,
(i) if there are voluntary aspects of the scheme—
(i) for fees to be payable in respect of those aspects of the scheme, and
(ii) about the amount or amounts of those fees,
(j) for the individual determining a complaint to be able to require members to provide redress of the following types to the complainant—
(i) providing an apology or explanation,
(ii) paying compensation, and
(iii) taking such other actions in the interests of the complainant as the individual determining the complaint may specify,
(k) about the enforcement of the scheme and decisions made under the scheme,
(l) for a person to be expelled from the scheme only—
(i) in circumstances specified in the regulations,
(ii) once steps to secure compliance that are specified in the regulations have been taken, and
(iii) once the decision to expel the person has been reviewed by an independent person in accordance with the regulations,
(m) for an expulsion to be revoked in circumstances specified in the regulations,
(n) prohibiting a person from joining the scheme when the person has been expelled from another landlord redress scheme, except in circumstances specified in the regulations,
(o) for circumstances in which the administration of the scheme is to be transferred to a different administrator, and
(p) about the closure of the scheme by the administrator.
(3) Conditions set out in regulations under subsection (1) may include conditions requiring the administrator or proposed administrator of a scheme to undertake to do things on an ongoing basis following approval or designation.
(4) Fee conditions relating to—
(a) fees payable in respect of compulsory aspects of the scheme may provide for the amount or amounts of the fees to be calculated by reference to such of the scheme costs as may be specified in the regulations, which may include scheme costs relating to the voluntary aspects of the scheme;
(b) fees payable in respect of voluntary aspects of the scheme must provide for the amount or amounts of the fees to be calculated so that (taking one year with another) they are sufficient to meet such of the costs of the voluntary aspects of the scheme as may be specified in the regulations.
(5) Conditions set out in regulations by virtue of subsection (2)(o) may require an approved scheme to provide for the administration of that scheme to be transferred to the Secretary of State or a person acting on behalf of the Secretary of State in circumstances specified in the regulations.
(6) Where conditions set out in regulations by virtue of subsection (2)(o) require an approved scheme to include the provision mentioned in subsection (5), the regulations may provide for a scheme whose administration is transferred as mentioned in that subsection to be treated as a designated scheme instead of an approved one.
(7) Subsections (2) to (6) do not limit the conditions that may be set out in regulations under subsection (1).
(8) The Secretary of State may by regulations make further provision about the approval or designation of landlord redress schemes under section 64(2)(b), including provision—
(a) about the number of redress schemes that may be approved or designated (which may be one or more);
(b) about the making of applications for approval;
(c) about the period for which an approval or designation is valid;
(d) about the withdrawal of approval or revocation of designation.
(9) Regulations under this section may—
(a) confer functions (including functions involving the exercise of a discretion) on the Secretary of State, or authorise or require a scheme to do so;
(b) provide for the delegation of such functions by the Secretary of State, or authorise or require a scheme to provide for that.
(10) In this section—
“compulsory aspects”, in relation to a scheme, means aspects of the scheme relating to complaints in relation to which there is a duty to be a member of a landlord redress scheme;
“compulsory member”, in relation to a scheme, means a member of the scheme who is subject to a duty to be a member of a landlord redress scheme;
“costs of the voluntary aspects”, in relation to a scheme, means the scheme costs if, or to the extent that, they relate to the voluntary aspects of the scheme (including scheme costs that are attributed to the voluntary aspects of the scheme);
“fee condition” means a condition set out in regulations by virtue of subsection (2)(h) or (i)(ii);
“scheme costs”, in relation to a scheme, means the costs (whether or not connected with a fee-payer) that are incurred in or associated with, or likely to be incurred in or associated with—
the establishment and administration of the scheme (including the investigation and determination of complaints under the scheme);
the performance of any other functions under this Chapter;
the performance of any other functions under the scheme;
including such costs that are, or are likely to be incurred by—
the administrator of a redress scheme, or
the individual responsible for overseeing and monitoring the investigation and determination of complaints under the scheme,
in connection with enforcement by other persons of requirements imposed by or under this Chapter.
“voluntary aspects”, in relation to a scheme, means aspects of the scheme that relate to—
complaints under a voluntary jurisdiction,
voluntary mediation services, or
voluntary members;
and terms used in this definition have the meanings given by section 64(10).
(1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has—
(a) breached regulations under section 64(1), or
(b) committed an offence under section 67.
(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 penalty may be imposed 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 final notice in respect of the previous penalty for the conduct was given to the person, unless the person appeals against that notice within that period, or
(b) if the person appeals against that notice 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 in respect of any conduct amounting to an offence under section 67 if—
(a) the person has been convicted of an offence under that section 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 67—
(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.
68 Decision under a landlord redress scheme may be made enforceable as if it were a court order
(1) The Secretary of State may by regulations make provision for, or in connection with, authorising the administrator of a landlord redress scheme to apply to a court or tribunal for an order that a determination made under the scheme and accepted by the complainant in question be enforced as if it were an order of a court.
(2) Before making the regulations, the Secretary of State must consult—
(a) one or more bodies appearing to the Secretary of State to represent the interests of residential landlords,
(b) one or more bodies appearing to the Secretary of State to represent the interests of residential tenants, and
(c) such other persons as the Secretary of State considers appropriate.
74 Local Commissioners’ investigation of complaints by persons who are not tenants
In section 26 of the Local Government Act 1974, at the end of subsection (8) insert
unless—
(a) the investigation is in respect of action described in paragraph 5A or 5B of that Schedule, and
(b) the person affected is not an individual of a description whom a scheme approved under Schedule 2 to the Housing Act 1996 (investigation of social housing complaints by housing ombudsman) provides may make a complaint under that scheme in respect of that action.
(1) In this Chapter “database operator” means—
(a) the Secretary of State, or
(b) a person who the Secretary of State has arranged to be the database operator.
(2) The arrangements—
(a) may include provision for payments by the Secretary of State;
(b) may include provision about bringing the arrangements to an end.
(3) The Secretary of State may by regulations—
(a) require the database operator to ensure that the database has features and functionality specified in the regulations,
(b) confer on the database operator powers to enter into contracts and other agreements for the purpose of facilitating the operation of the database,
(c) provide for functions of the database operator specified in the regulations to be carried out by lead enforcement authorities, local housing authorities or others specified in the regulations instead of, or in addition to, being carried out by the database operator, and
(d) make transitional or saving provision which applies when there is a change of database operator.
(4) Regulations under subsection (3)(d) may relate to a specific change of database operator or to changes that might arise from time to time.
(1) The Secretary of State may by regulations make provision about the making of landlord and dwelling entries in the database.
(2) The regulations may, in particular—
(a) provide for how, and by whom, a landlord or dwelling entry is to be made,
(b) require information or documents to be provided,
(c) impose other requirements, including requirements for the payment of fees, and
(d) allow an entry to be made before all of the requirements imposed by the regulations have been complied with, provided that any requirements not complied with by that time are complied with before the end of a period specified in the regulations.
(3) The period specified as mentioned in subsection (2)(d) must not exceed the period of 28 days beginning with the day on which the entry is made.
(4) A landlord or dwelling entry made in accordance with the regulations is an active entry from the time it is made until it becomes an inactive entry in accordance with regulations under section 79.
(5) See section 86 for the power to make regulations specifying the information contained in active landlord and dwelling entries that is to be made available to the public by the database operator.
(1) The Secretary of State may by regulations make provision requiring active landlord and dwelling entries in the database to be kept up-to-date.
(2) The regulations may, in particular—
(a) provide for how, and by whom, an active landlord or dwelling entry is to be kept up-to-date,
(b) require information or documents to be provided,
(c) impose other requirements, and
(d) specify the time by which the requirements must be complied with.
(3) The requirements that may be imposed by regulations under this section do not include requirements for the payment of fees.
79 Circumstances in which active entries become inactive and vice versa
(1) The Secretary of State may by regulations make provision about the circumstances in which an active landlord or dwelling entry in the database is to become an inactive entry, and vice versa.
(2) The regulations may, in particular—
(a) provide for an active landlord or dwelling entry to become inactive after a period specified in or determined in accordance with the regulations if requirements specified in the regulations are not met,
(b) provide for an active landlord or dwelling entry to become inactive in circumstances in which an active entry is no longer required in respect of the landlord or dwelling, and
(c) specify requirements that must be met for an inactive landlord or dwelling entry to become an active entry.
(3) The requirements that may be imposed by regulations under this section include requirements for the payment of fees.
80 Verification, correction and removal of entries
(1) The Secretary of State may by regulations make provision about—
(a) the verification of landlord and dwelling entries in the database,
(b) the correction of errors in such entries, and
(c) the removal of such entries from the database.
(2) The regulations may, in particular—
(a) require a proportion of landlord and dwelling entries, and of anything required to be provided by regulations under section 77, 78 or 79, specified in or determined in accordance with the regulations to be verified by local housing authorities or others,
(b) make provision about how that verification is to be carried out,
(c) authorise the correction of errors in landlord and dwelling entries and specify by whom such corrections may be made, and
(d) authorise the removal from the database of landlord and dwelling entries that appear to a person specified in the regulations not to meet requirements imposed by or under this Chapter for inclusion in the database.
(1) This section applies where regulations under section 77 or 79 require payment of a fee.
(2) The regulations must—
(a) specify the amount or amounts of the fee, or
(b) provide for the amount or amounts of the fee to be determined by the database operator by reference to such of the relevant costs as may be specified in the regulations.
(3) The amount or amounts specified in the regulations under subsection (2)(a) may be calculated by reference to the relevant costs.
(4) The “relevant costs” are the costs (whether or not connected with a fee-payer) that are incurred in or associated with, or likely to be incurred in or associated with—
(a) the establishment and operation of the database;
(b) the enforcement of requirements imposed by or under this Chapter;
(c) the performance of any other functions under this Chapter;
(d) the enforcement of any other requirements imposed by or under this Act or otherwise in relation to the private rented sector.
(5) The amount or amounts specified in the regulations under subsection (2)(a) or determined in accordance with subsection (2)(b) may, in the case of a fee charged for an entry in the database to become active again after becoming inactive as a result of provision made by virtue of section 79(2)(a), be higher than the fee that would otherwise be charged had the entry remained active.
(6) The fees are to be payable to the database operator by such persons and in such circumstances as the regulations may provide.
(7) The Secretary of State may direct the database operator to pay to local housing authorities or into the Consolidated Fund the amount it receives in respect of the fees it charges, or any part of that amount.
(8) If the Secretary of State is the database operator—
(a) subsection (7) does not apply, and
(b) the Secretary of State may pay to local housing authorities the amount it receives in respect of fees it charges, or any part of that amount.
(9) For the purposes of this section—
requirements “in relation to the private rented sector” means requirements relating to—
residential premises in England that are let, or intended to be let, under a tenancy;
the common parts of such premises;
the activities of a landlord under a tenancy of residential premises in England;
the activities of a superior landlord in relation to such a tenancy;
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;
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;
“residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008;
“tenancy” includes a licence to occupy.
82 Restrictions on marketing, advertising and letting dwellings
(1) A person must not market a dwelling for the purpose of creating a residential tenancy unless—
(a) there is an active landlord entry in the database in respect of the person who will be the residential landlord if the tenancy is granted, and
(b) there is an active dwelling entry in the database in respect of the dwelling.
(2) A person who advertises a dwelling for the purpose of creating a residential tenancy must include in any written advertisement the unique identifiers allocated by the database operator to—
(a) the person who will be the residential landlord if the tenancy is granted, and
(b) the dwelling.
(3) A person who is a residential landlord in relation to a dwelling is under a duty to ensure that—
(a) there is an active landlord entry in the database in respect of the person and an active dwelling entry in the database in respect of the dwelling, and
(b) any requirements relating to the entries imposed by regulations under section 78 are complied with.
(4) The Secretary of State may by regulations specify cases or circumstances in which—
(a) a person of a description specified in the regulations is to be subject to the duty in subsection (3) instead of the residential landlord;
(b) a duty imposed by this section, either does not apply at all or does not apply for a period specified in or determined in accordance with the regulations.
(5) A breach of subsection (1), (2) or (3) does not affect the validity or enforceability of a residential tenancy or other contract by virtue of any rule of law relating to the validity or enforceability of contracts in circumstances involving illegality.
83 Entries 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—
is made on or after the day on which this section comes into force,
bans a person from letting housing (within the meaning of that Part of that Act) in England, and
relates to an offence committed at a time when the person against whom the order was made was—
a residential landlord, or
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—
on or after the day on which this section comes into force, and
at a time when the person who committed the offence was—
a residential landlord, or
marketing a dwelling for the purpose of creating a residential tenancy.
(1) The Secretary of State may by regulations—
(a) specify the information contained in active landlord and dwelling entries in the database, and in entries made in the database under section 83, which the database operator is to make available to the public,
(b) make provision requiring an active landlord entry and an entry made under section 83 in respect of the same person to be linked,
(c) in the case of an entry made by a local housing authority in respect of a person under section 83—
(i) specify the period after which information contained in the entry is to be made available to the public, which must be no less than 21 days beginning with the day on which the entry is made,
(ii) make provision for the person to be notified by the local housing authority of the period for the purpose of making representations to the authority about any errors in information contained in the entry, and
(iii) specify the circumstances in which information contained in such an entry is to cease to be available to the public, and
(d) specify the manner and form in which information is to be made available to the public by the database operator under the regulations.
(2) The database operator must give access to information in the database to the following—
(a) lead enforcement authorities,
(b) local housing authorities,
(c) local weights and measures authorities in England,
(d) mayoral combined authorities, as defined by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009, and
(e) the Greater London Authority.
(3) If the Secretary of State is not the database operator, the database operator must give access to information in the database to the Secretary of State.
(1) The database operator must not disclose restricted information from the database except—
(a) in accordance with section 86(2) or (3), or
(b) where authorised by regulations under this section.
(2) The Secretary of State may by regulations make provision authorising the disclosure from the database of restricted information where the disclosure is necessary—
(a) to enable or facilitate compliance with a statutory requirement specified in the regulations,
(b) to enable or facilitate compliance with a requirement of a rule of law specified in the regulations, or
(c) to facilitate the exercise of statutory functions specified in the regulations.
(3) The regulations may—
(a) specify the manner and form in which the information may be disclosed, and
(b) impose restrictions on the use and further disclosure of information disclosed under the regulations.
(4) A disclosure authorised by the regulations does not breach—
(a) any obligation of confidence owed by the database operator, or
(b) any other restriction on the disclosure of information (however imposed).
(5) Nothing in this section or the regulations authorises the making of a disclosure that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section and the regulations).
(6) A person commits an offence if the person knowingly or recklessly discloses restricted information in contravention of—
(a) subsection (1), or
(b) a restriction on further disclosure imposed by regulations under this section.
(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine.
(8) In this section—
“data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“restricted information” means information that—
is not made available to the public by virtue of regulations under section 86, and
relates to and identifies a particular person (including a body corporate).
(9) For the purposes of subsection (8) information identifies a particular person if the identity of that person—
(a) is specified in the information,
(b) can be deduced from the information, or
(c) can be deduced from the information taken together with any other information.
(1) In section 7 of the 1988 Act (orders for possession)—
(a) in subsection (4), after “then” insert “, subject to subsection (5ZC),”;
(b) after subsection (5ZB) (inserted by section 3(2)(d) of this Act) insert—
(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.
(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.
95 Different provision for different purposes: joint landlords
The different provision that may be made in regulations under this Chapter by virtue of section 140(1)(b) includes different provision for joint landlords, for example provision for or in relation to a single landlord entry in respect of joint landlords.