The Renters’ Rights Act 2025 (Commencement No. 3) Regulations 2026

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations are the third commencement regulations made under the Renters’ Rights Act 2025 (c. 26) (“ the 2025 Act ”).

Regulation 2 brings into force on 22nd June 2026 provisions to enable financial penalties to be imposed by local housing authorities on the responsible person where qualifying residential premises contain a category 1 hazard which it would have been reasonably practicable to remove. It also brings into force a small amendment to the Tenant Fees Act 2019 (c. 4) (“ the 2019 Act ”).

Section 100(1) and (5) of the 2025 Act are brought into force for the purposes of providing the definition of “qualifying residential premises” contained in new section 2B of the Housing Act 2004 (c. 34) (“ the 2004 Act ”).

Section 100(6) of, and Schedule 4 to, the 2025 Act make amendments to the 2004 Act. Paragraph 2(1) and (3) of Schedule 4 inserts subsection (9) into section 1 of the 2004 Act. This provides that unoccupied HMO accommodation (as defined in section 1(5) of the 2004 Act) is only qualifying residential premises for the purposes of Part 1 (housing conditions) of the 2004 Act to the extent provided for by section 2B(1)(c) of that Act.

Paragraph 6 of Schedule 4 inserts section 6A into the 2004 Act, which gives local housing authorities power to impose a civil penalty of up to £7,000 if a property contains a category 1 hazard or fails to meet a type 1 requirement and, in the opinion of the authority, it would have been reasonably practicable for the responsible person to secure the removal of that hazard or the meeting of the requirement. Paragraph 34 inserts Schedule A1 into the 2004 Act, which sets out the procedure for imposing financial penalties under section 6A, how to appeal against such penalties, how they can be enforced and what local housing authorities should do with the proceeds. These provisions are only commenced so far as they relate to financial penalties for category 1 hazards. They are not commenced so far as they relate to type 1 requirements, which are requirements set by regulations made under section 2A of the 2004 Act (inserted by section 100(1) and (5) of the 2025 Act) that qualifying residential premises must meet.

Paragraph 42 of Schedule 4 inserts paragraph 12(1)(ca) into Schedule 3 of the 2019 Act to enable local housing authorities that impose financial penalties under that Act to use the proceeds towards their enforcement functions relating to the activities of a superior landlord, as well as a landlord, under a tenancy of residential premises in England.

An impact assessment has not been prepared for this instrument as a full assessment was produced in relation to the 2025 Act. Copies can be obtained at https://publications.parliament.uk/pa/bills/cbill/59-01/0127/amend/Renters_Rights_Bill-IA.pdf or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF.