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A relevant person (defined to mean a prospective landlord or agent) must not, in relation to a prospective letting under an assured tenancy (which under the new provisions does not include a letting by a private registered provider of social housing), discriminate against a potential tenant on the basis that
In either case however, it is a defence to show that the discriminatory conduct is a proportionate means of achieving a legitimate aim or that it is a requirement of a term of an insurance policy.
Where a property has already been let and includes a term which prevents the tenant from having a child live with or visit them, or prohibits the tenant from claiming welfare benefits, the term is of no effect unless it is a proportionate means of achieving a legitimate aim or that a term of an insurance policy requires either prohibition be imposed in the tenancy agreement.
In all cases, transitional provisions mean that the “insurance” exception will only be available to insurance policies entered into or extended before commencement of this Part of the Act, thereafter, such terms in insurance policies are of no effect.
Any term of a mortgage which would require the mortgagor not to let to a tenant who has or may have a child living with them or visiting them is of no effect. Likewise, any term of a mortgage which would require the mortgagor not to let to a tenant in receipt of welfare benefits is also of no effect. Unlike the provisions dealing with contracts of insurance, there is no express transitional provision; it therefore appears that mortgages which pre-date commencement of this Part will be within the scope of this change.
Breach of the anti-discrimination provisions by a relevant person is punishable by a local authority imposing a fixed penalty of up to £7,000. The procedure for imposing such a penalty is modelled on that already applicable to financial penalties under s.249A, Housing Act 2004 (i.e. initial “notice of intent” followed by a right for the landlord to make representations, and a final decision with a right of appeal to the FTT).
Similar provision is made for Wales and Scotland.
Where a relevant person (defined as a landlord or agent) advertises a property for letting, the advert must state the proposed rent. A relevant person must not “invite” “encourage” or “accept” any rent that exceeds the stated rent. Breach is punishable by a local authority imposing a fixed penalty of up to £7,000. The procedure for imposing such a penalty is modelled on that already applicable to financial penalties under s.249A, Housing Act 2004 (i.e. initial “notice of intent” followed by a right for the landlord to make representations, and a final decision with a right of appeal to the FTT).
The Protection from Eviction Act 1977 is amended so that, in lieu of prosecution, a local authority may instead impose a financial penalty for breach of s.1 (being unlawful eviction and/or harassment of occupier). The penalty must not exceed £40,000 and the procedure for imposing such a penalty is modelled on that already applicable to financial penalties under s.249A, Housing Act 2004 (i.e. initial “notice of intent” followed by a right for the landlord to make representations, and a final decision with a right of appeal to the FTT).
Part 3, Housing and Planning Act 2016 (procedure for recovering abandoned premises) is abolished without having ever been brought into force.
Section 10A, Landlord and Tenant Act 1985 (implied covenant in certain social tenancy agreements that a landlord will take prescribed action in respect of prescribed defects within a prescribed time) is amended so as to allow the Secretary of State to prescribe similar obligations in respect of private sector lettings.
Published on 09/12/2025