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By s.63 of the new Act, the Secretary of State is empowered to make regulations requiring a residential landlord (defined as a landlord under an assured tenancy or a regulated tenancy but excluding a social landlord) to be a member of a “landlord redress scheme”.
A “landlord redress scheme” is one which provides for the independent investigation and determination of complaints by prospective, current or former tenants. The Secretary of State may designate or approve third parties to provide such services or may establish such a scheme themselves. If the Secretary of State designates or establishes such a scheme, they may additionally require landlords to be a member of it as a pre-condition to the marketing of a property or grant of a tenancy. The Secretary of State may also require a person to remain a member of a scheme even after they have ceased to be a landlord.
A landlord who fails to join a scheme when required to do so, or otherwise fails to comply with its requirements, may face a financial penalty from the local authority or prosecution . 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).
Additionally, the Secretary of State may make regulations which empower them to apply to the court or tribunal for an order that its determination is to be enforced as if it were an order of the court.
The Secretary of State may issue guidance both to redress schemes and local authorities.
The Secretary of State, or a person appointed by them, must establish a database containing:
(a) details of persons who are, or intend to be, private sector landlords;
(b) details of dwellings which are, or are intended to be, let to private sector tenants; and,
(c) details of persons who are subject to banning orders (Housing and Planning Act 2016) or who have been the subject of financial penalties or criminal convictions which could give rise to banning orders or such other penalties or convictions as may be prescribed (s.75).
The detail of the operation of the database will be set out in regulations, which may make provision for how information is to be provided and recorded, kept up to date, correction and removal of data and fees. Similarly, the rights of the public to access information in the database will be contained in regulations (s.86(1). Specified public authorities, including local authorities, will have access as of right.
Where a property is required to be entered in the database, no person may market it for letting unless both the landlord and the property are recorded in the database. Any advertisement must include details of any unique database entry number for the property and landlord. Failure to comply with these requirements will not affect the validity of any tenancy which is granted. The landlord and property must each possess a unique database entry as a condition for the court making an order for possession (other than on Grounds 7A or 14 - relating to anti-social behaviour).
As with much of the 2025 Act, local authorities are responsible for identifying and punishing breaches and may do so by way of civil penalty or prosecution. The procedure for imposing such a penalty is modelled on that already applicable to financial penalties under s.249A, Housing Act 2004 (see Sch.6, 2025 Act) (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 provisions governing Rent Repayment Orders are amended so that the limitation period for applying for such an order is extended to two years (presently it is one year) and the maximum rent which can be ordered to repaid is increased to two years (again, presently it is one year).
Published on 17/12/2025