The Private Landlord Redress Schemes (Approval and Designation) Regulations 2026
Set the legal conditions and administrative procedures for approving and operating private landlord redress schemes in England under the Renters' Rights Act 2025.
These Regulations establish the criteria and procedures for the Secretary of State to approve or designate redress schemes for private landlords in England.
The instrument mandates that schemes must provide independent investigation of tenant complaints, authorize compensation awards of up to £25,000, and maintain impartial oversight through a designated responsible individual.
The regulations apply to scheme administrators, private residential landlords who must join a scheme, and tenants seeking redress for landlord non-compliance with codes of practice.
Arguments For
The regulations provide a framework for independent investigation and determination of tenant complaints against private landlords, as required by the Renters' Rights Act 2025.
Proponents argue that the schemes ensure accountability by allowing for redress orders, including apologies, explanations, and compensation up to £25,000.
The document states that the conditions for approval, such as requirements for impartial responsible individuals and transparent reporting, ensure the integrity and effectiveness of the redress process.
Stated benefits include facilitating cooperation between redress schemes and enforcement authorities to improve standards in the private rented sector.
Arguments Against
Legal scholars may question the broad discretion granted to the Secretary of State to terminate the appointment of a scheme's 'responsible individual' at any time.
Affected parties, such as scheme administrators, might raise concerns regarding the administrative burden of the mandatory annual reporting and five-year review cycles.
Implementation difficulties could arise from the requirement to transfer vast amounts of member and complaint data between schemes during 'closure events' or withdrawals of approval.
Landlord groups may object to the fee structure, which requires members to cover the full costs of the compulsory aspects of the scheme.
- -(1) These Regulations may be cited as the Private Landlord Redress Schemes (Approval and Designation) Regulations 2026.
- (2) These Regulations come into force on the day after the day on which they are made.
- (3) These Regulations extend to England and Wales.
- (4) In these Regulations-
'the Act' means the Renters' Rights Act 2025;
'closure event' means-
- (a) a withdrawal of the approval of a scheme under regulation 5(1);
- (b) a revocation of the designation of a scheme under regulation 6(1);
- (c) closure of the scheme under provision included in a scheme in accordance with Part 2 of the Schedule;
'enforcement order' has the meaning given in paragraph 5(1)(a)(ii) of the Schedule;
'private rented sector' means-
- (a) premises that are let, or intended to be let, under a residential tenancy;
- (b) the common parts of such premises;
- (c) the activities of a landlord under a residential tenancy;
- (d) the activities of a superior landlord in relation to such a tenancy;
- (e) the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises;
- (f) the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises;
'redress order' has the meaning given in paragraph 4(a) of the Schedule;
'responsible individual' means, in relation to a scheme, the individual who is responsible for overseeing and monitoring the investigation and determination of complaints under the scheme;
'scheme administrator' includes a proposed scheme administrator;
'tenant' means a prospective, current or former residential tenant;
'working day' means any day other than-
- (a) a Saturday or a Sunday,
- (b) Christmas Day or Good Friday, or
- (c) a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
This section establishes the title and commencement date of the regulations, which is 17 September 2026.
It defines the geographical extent as England and Wales and provides technical definitions for terms used throughout the document.
Key definitions include 'private rented sector', which encompasses let premises, common parts, and the activities of landlords and letting agents, and 'responsible individual', the person overseeing complaint investigations.
2 An application for approval of a scheme under section 64(2)(b)(i) of the Act must-
- (a) be made by the scheme administrator,
- (b) be made in such form and manner as the Secretary of State may determine,
- (c) include such information as the Secretary of State may require, and
- (d) be accompanied by such documents as the Secretary of State may require.
This section mandates that applications for a new landlord redress scheme must be submitted by the scheme's administrator.
It grants the Secretary of State the authority to determine the format, required information, and supporting documentation for these applications.
- -(1) A scheme may be approved under section 64(2)(b)(i) of the Act only if it satisfies the conditions set out in the Schedule.
(2) A scheme may be designated under section 64(2)(b)(ii) of the Act only if it satisfies the conditions set out in Part 1 of the Schedule.
(3) The Secretary of State must notify the scheme administrator of an approval of a scheme under section 64(2)(b)(i) of the Act.
(4) The Secretary of State must, where the scheme is to be administered on behalf of the Secretary of State, notify the scheme administrator of a designation of a scheme under section 64(2)(b)(ii) of the Act.
(5) Once a scheme has been approved or designated under section 64(2)(b) of the Act, the Secretary of State may direct the scheme administrator to publish the scheme and, as appropriate-
- (a) a statement that the scheme has been approved under section 64(2)(b)(i) of the Act, or
- (b) a statement that the scheme has been designated under section 64(2)(b)(ii) of the Act.
(6) The scheme administrator must not publish the scheme or the statement until the Secretary of State makes a direction under paragraph (5).
(7) Where the administration of an approved scheme is transferred to the Secretary of State, or to a person acting on behalf of the Secretary of State, the scheme is to be treated as a designated scheme instead of an approved one.
This section sets the legal requirements for a scheme to receive approval or designation, tying these statuses to compliance with specific conditions in the Schedule.
It prohibits the public announcement or publication of a scheme by its administrator until the Secretary of State issues a formal direction to do so.
It also clarifies that if the government takes over the administration of an approved scheme, its status changes to a 'designated' scheme.
- -(1) A scheme approved under section 64(2)(b)(i) of the Act may be amended only with the approval of the Secretary of State.
(2) Regulation 2 applies in relation to an application for the Secretary of State's approval of an amendment of a scheme as it applies in relation to an application for approval of a scheme under section 64(2)(b)(i) of the Act.
(3) An amendment to a scheme may be approved by the Secretary of State only if the amended scheme satisfies the conditions set out in the Schedule.
(4) A scheme designated under section 64(2)(b)(ii) of the Act may be amended by the Secretary of State only if the amended scheme satisfies the conditions set out in the Schedule.
(5) The Secretary of State must notify the scheme administrator of an approval of an amendment under paragraph (1).
(6) The Secretary of State must, where the scheme is administered on behalf of the Secretary of State, notify the scheme administrator of a designation of an amendment under section 64(2)(b) (ii) of the Act.
(7) Where a scheme approved or designated under section 64(2)(b) of the Act is amended, the Secretary of State may direct the scheme administrator to publish-
- (a) the scheme as amended, and
- (b) as appropriate, either-
- (i) a statement that the scheme, as amended, has been approved under section 64(2)(b) (i) of the Act and paragraph (1) of this regulation, or
- (ii) a statement that the scheme, as amended, has been designated under section 64(2) (b)(ii) of the Act.
(8) The scheme administrator must not publish the scheme or the statement until the Secretary of State makes a direction under paragraph (7).
This regulation prohibits administrators from making changes to approved redress schemes without prior authorization from the Secretary of State.
Any proposed amendments must ensure the scheme continues to meet all mandatory conditions set out in the Schedule.
Similar to the initial setup, the administrator is forbidden from publishing updated scheme details until directed by the government.
- -(1) An approval of a scheme under section 64(2)(b)(i) of the Act remains valid until it is withdrawn by the Secretary of State.
(2) Before withdrawing approval of a scheme, the Secretary of State must give the scheme administrator a notice stating-
- (a) that the Secretary of State proposes to withdraw approval of the scheme,
- (b) the reasons for the proposed withdrawal of approval, and
- (c) that representations about the proposed withdrawal of approval may be made within such period of not less than 10 working days as is specified in the notice.
(3) Where, after the period specified in the notice given under paragraph (2) expires, the Secretary of State decides to withdraw approval, the Secretary of State must give the scheme administrator a notice stating-
(a) that approval of the scheme is to be withdrawn,
- (b) the reasons for withdrawing approval, and
- (c) the date on which the withdrawal of approval is to take effect.
(4) Where the Secretary of State gives the scheme administrator a notice under paragraph (3), the scheme administrator must-
- (a) before the end of the period of 25 working days beginning with the day on which the scheme administrator received the notice, give a notice to every scheme member stating-
- (i) that approval of the scheme is to be withdrawn, and
- (ii) the date on which the withdrawal of approval is to take effect;
- (b) before the withdrawal of approval takes effect, provide to the scheme administrator of another landlord redress scheme such information relating to-
- (i) scheme members, and (ii) complaints made under the scheme (including complaints which have been closed), as would enable that scheme administrator to continue the operation of the compulsory aspects of the scheme.
(5) Where, under paragraph (4)(b), there is more than one scheme administrator to whom the information might be provided, the Secretary of State may direct the scheme administrator as to which of those scheme administrators to provide the information to.
This section outlines the process for the Secretary of State to terminate a scheme's approval, requiring a notice of proposal and a minimum 10-day period for the administrator to respond.
If approval is withdrawn, the administrator must notify all member landlords within 25 working days.
The administrator is also legally required to transfer member data and complaint histories to another redress scheme to ensure service continuity.
- -(1) A designation of a scheme under section 64(2)(b)(ii) of the Act remains valid until it is revoked by the Secretary of State.
(2) Where the scheme is administered on behalf of the Secretary of State, the Secretary of State must, before revoking the designation of the scheme, give a notice to the scheme administrator including the following statements-
- (a) that the designation of the scheme is to be revoked, and
- (b) the date on which the revocation of designation is to take effect.
(3) Where the Secretary of State has given the scheme administrator a notice under paragraph (2), the scheme administrator must-
- (a) before the end of the period of 25 working days beginning with the day on which the scheme administrator received the notice, give a notice to every scheme member stating-
- (i) that designation of the scheme is to be revoked, and
- (ii) the date on which the revocation of designation is to take effect;
- (b) before the revocation of designation takes effect, provide to the scheme administrator of another landlord redress scheme such information relating to-
- (i) scheme members, and (ii) complaints made under the scheme (including complaints which have been closed), as would enable that scheme administrator to continue the operation of the compulsory aspects of the scheme.
(4) Where, under paragraph (3)(b), there is more than one scheme administrator to whom the information might be provided, the Secretary of State may direct the scheme administrator as to which of those scheme administrators to provide the information to.
This section applies to schemes designated (rather than approved) by the Secretary of State, detailing how such designations can be revoked.
It mandates a notice period for the administrator and requires them to inform all members and transfer essential data to a successor scheme.
This process ensures that landlords remain covered by a redress mechanism even if their current scheme's designation ends.
7 A disclosure of information authorised or required by these Regulations or by provision included in a scheme in accordance with these Regulations does not breach-
- (a) any obligation of confidence owed by the person making the disclosure in relation to that information, or
- (b) any other restriction on the disclosure of information (however imposed).
This section provides legal protection for individuals or organizations that share information as required by these regulations.
It clarifies that such mandatory disclosures override existing confidentiality agreements or other legal restrictions on sharing information.
8 A notice, notification or direction given in accordance with these Regulations must be given in writing.
This regulation requires that all formal communications mentioned in the document, such as notices to landlords or directions to administrators, must be executed in a written format to be legally valid.
Schedule
Conditions
Part 1
Conditions: approval and designation
Conditions relating to the responsible individual
- -(1) The scheme must provide-
- (a) for the appointment by the Secretary of State of an individual to be the responsible individual for the scheme;
- (b) that the responsible individual is to be appointed by the Secretary of State on such terms and conditions as the Secretary of State thinks fit;
- (c) that the Secretary of State may at any time terminate the responsible individual's appointment;
- (d) that the Secretary of State may not terminate the responsible individual's appointment because of dissatisfaction with a particular decision of the responsible individual on a complaint under the scheme.
(2) Where the scheme provides for the responsible individual to be employed by the scheme administrator, the scheme must provide that-
- (a) the responsible individual is to be employed by the scheme administrator on such terms and conditions as the Secretary of State thinks fit;
- (b) the Secretary of State may at any time give the scheme administrator a direction to cease to employ the individual who is the responsible individual as the responsible individual (and may revoke or vary such a direction by a further direction);
- (c) the Secretary of State may not give a direction under provision included in the scheme in accordance with paragraph (b) because of dissatisfaction with a particular decision of the responsible individual on a complaint under the scheme.
(3) Where the scheme provides that the scheme administrator is to be a body corporate, the scheme must provide that-
- (a) the Secretary of State may delegate to the scheme administrator any function of the Secretary of State under a provision included in the scheme in accordance with subparagraph (1) or (2)(a);
- (b) a delegation to the scheme administrator may specify-
- (i) the extent to which the function is delegated;
- (ii) any conditions to which the delegation is subject; (c) a delegation to the scheme administrator-
- (i) may be varied or revoked by the Secretary of State at any time; (ii) does not prevent the Secretary of State from exercising the function.
(4) The scheme must provide- (a) that for an individual to be appointed as the responsible individual, the individual-
- (i) must be, and be seen as, impartial,
- (ii) must have the skills and competencies needed for the role,
- (iii) must not be a scheme member, and
- (iv) must declare any conflicts of interest;
- (b) that, if the responsible individual is aware that they have a conflict of interest in relation to a complaint under the scheme, they must arrange for staff to act on their behalf in relation to the complaint;
- (c) for the appointment of staff by the scheme administrator, including a leader or leadership team, to administer the scheme and assist the responsible individual;
- (d) that a member of staff designated by the scheme administrator may act on behalf of the responsible individual if the responsible individual is unable to fulfil their duties;
- (e) for mechanisms to provide oversight of the responsible individual, including-
- (i) a performance review process;
- (ii) a process allowing staff to raise concerns about the responsible individual with the Secretary of State.
The Schedule sets out mandatory operating rules for all redress schemes, starting with the appointment of a 'responsible individual' by the Secretary of State.
This person must be impartial, competent, and not a member of the scheme.
The Secretary of State retains the power to dismiss this individual but is explicitly prohibited from doing so based on dissatisfaction with their decision on a specific complaint.
2 The scheme must provide that an individual must not investigate or determine a complaint under the scheme if they are aware that they have a conflict of interest in relation to that complaint.
- -(1) The scheme must include provision about-
- (a) the complaints that may be made under the scheme;
- (b) the time to be allowed for scheme members to resolve a matter before a complaint in relation to the matter is accepted under the scheme;
- (c) who may make a complaint on behalf of a tenant;
- (d) the circumstances in which a complaint may be rejected;
- (e) the procedure for the handling of complaints under the scheme.
(2) Provision included in the scheme in accordance with sub-paragraph (1)(a) must include provision enabling the making of complaints about non-compliance with any-
- (a) codes of practice for residential landlords, or (b) other documents setting out standards or guidance for residential landlords, that are issued or approved by the Secretary of State.
(3) The scheme must provide that a complaint may be accepted under the scheme only if-
- (a) it is made before the end of a period, specified in the scheme, beginning with the first day on which the complaint could be accepted under the scheme, or
- (b) the complaint is made after that period but conditions set out in the scheme are met.
(4) The scheme must provide that an individual determining a complaint under the scheme must determine the complaint by reference to what is, in the individual's opinion, fair and reasonable in all the circumstances of the case.
These conditions mandate conflict-of-interest protections and define what types of complaints a scheme can handle, specifically including breaches of government-approved codes of practice. Schemes must allow landlords a chance to resolve issues before a complaint is officially accepted.
Decisions on complaints must be based on a 'fair and reasonable' standard.
4 The scheme must provide that- (a) the individual determining a complaint may, in circumstances specified in the scheme, make an order requiring a scheme member to provide redress ('redress order') of the following types to the complainant-
- (i) providing an apology or explanation;
- (ii) paying compensation of no more than £25,000;
- (iii) taking such other actions in the interests of the complainant as the person determining the complaint may specify;
- (b) where it would be practicable for the scheme member to provide evidence of their having provided the redress required by a redress order, the order may require the member to do so;
- (c) a redress order must specify the period within which the scheme member concerned must comply with the requirements of the order;
- (d) in determining the period mentioned in sub-paragraph (c), the circumstances of the particular case must be taken into account.
This part authorizes the issuance of redress orders against landlords who fail to meet standards.
Available remedies include formal apologies, specific actions to benefit the tenant, and financial compensation capped at £25,000.
Orders must set a specific deadline for compliance based on the individual case's circumstances.
- -(1) The scheme must provide that-
- (a) where the responsible individual reasonably suspects that a scheme member has failed to comply with the scheme, a redress order or any other decision made under the scheme, the responsible individual may-
- (i) take enforcement action in accordance with the scheme;
- (ii) make an order requiring the member to take a specified action within a specified period ('an enforcement order');
- (b) before taking enforcement action or making an enforcement order, the responsible individual must consider-
- (i) any reasonable excuse for the member's failure to comply raised by the member, and
- (ii) whether the enforcement action or enforcement order is in the public interest.
(2) The scheme must include provision setting out a process for assessing and responding to scheme members' non-compliance.
This section empowers the scheme's responsible individual to issue enforcement orders if they suspect a landlord has ignored a redress order or violated scheme rules.
Before enforcing such orders, they must consider any 'reasonable excuse' provided by the landlord and verify that the action serves the public interest.
- -(1) The scheme must provide that the responsible individual may expel a scheme member from the scheme only-
- (a) where the member has-
- (i) failed to comply with a redress order;
- (ii) failed to comply with an enforcement order;
- (iii) failed to pay fees or fines when due under the scheme;
- (iv) submitted information or evidence which is false or misleading to the scheme administrator, responsible individual or an individual investigating or determining a complaint;
- (v) obstructed or attempted to obstruct the investigation or determination of a complaint under the scheme;
- (vi) breached a relevant banning order, and (b) once-
- (i) the responsible individual has informed the member that the member risks being expelled and the reason for this,
- (ii) the member has been given an opportunity to make written representations about the decision to expel them,
- (iii) the decision to expel the member has been reviewed by an independent person after considering any written representations made,
- (iv) the independent person has provided the responsible individual with a report on their review, and
- (v) the responsible individual has considered the report and any written representations.
(2) The scheme must provide that-
- (a) the responsible individual must notify an expelled scheme member of the reasonably practicable action they must take in order to remedy their wrongdoing;
- (b) the responsible individual must revoke an expulsion where the scheme member has taken the reasonably practicable action notified to the member by the responsible individual in accordance with the provision included in the scheme in accordance with paragraph (a);
- (c) where it is not possible for the expelled scheme member to take reasonably practicable action to remedy their wrongdoing, the responsible individual may revoke the expulsion where the responsible individual considers it appropriate to do so.
(3) The scheme must provide that a person is prohibited from joining the scheme when the person has been expelled from another landlord redress scheme, except where-
- (a) the expulsion has been revoked, or
- (b) the scheme which expelled the person has closed and-
- (i) the person has taken the reasonably practicable action notified to them by the responsible individual for the scheme which expelled the person,
- (ii) the person has taken the reasonably practicable action notified to them by the responsible individual for the scheme, or
- (iii) where it is not possible for the person to take reasonably practicable action to remedy their wrongdoing, the responsible individual considers it appropriate to allow them to join the scheme.
(4) In this paragraph, 'relevant banning order' has the meaning given in section 83(12) of the Act.
This regulation establishes the grounds and due process for expelling a landlord from a redress scheme, such as non-payment of fees or providing false evidence.
It requires a formal warning, an opportunity for the landlord to respond, and an independent review before expulsion can occur.
Expelled landlords are generally prohibited from joining other schemes until they remedy their wrongdoing.
- -(1) The scheme must-
- (a) provide for fees to be payable by scheme members in respect of the compulsory aspects of the scheme ('compulsory fees');
- (b) if there are voluntary aspects of the scheme, provide for fees to be payable by scheme members in respect of the voluntary aspects of the scheme ('voluntary fees').
(2) The scheme must provide that, where there are no voluntary aspects, the compulsory fees must be calculated so that they are sufficient to meet, but do not exceed, the scheme costs.
(3) The scheme must provide that, where there are voluntary aspects-
- (a) the compulsory fees are to consist of- (i) a first portion, the amount of which must be calculated so that the fees, in so far as they relate to this portion, are sufficient to meet, but do not exceed, the compulsory costs, and (ii) a second portion, the amount of which must be calculated so that the fees, in so far as they relate to this portion, are sufficient to meet, but do not exceed, such of the voluntary establishment costs as the scheme administrator considers appropriate;
- (b) the voluntary fees are to consist of- (i) a first portion, the amount of which must be calculated so that the fees, in so far as they relate to this portion, are sufficient to meet, but do not exceed, the costs of the voluntary aspects other than the voluntary establishment costs, and (ii) a second portion, the amount of which must be calculated so that the fees, in so far as they relate to this portion, are sufficient to meet, but do not exceed, such of the voluntary establishment costs as the scheme administrator considers appropriate;
- (c) the combined amount of the second portion of the compulsory fees and the second portion of the voluntary fees must be calculated so that the fees, in so far as they relate to those portions, are sufficient to meet, but do not exceed, the voluntary establishment costs;
- (d) in relation to the second portion of the compulsory fees and the second portion of the voluntary fees, the scheme administrator may consider that it is appropriate for the amount of one of the two portions to be zero.
(4) The scheme must provide that calculations of fees under provision included in the scheme in accordance with sub-paragraphs (2) and (3) may take one year with another.
(5) The scheme must-
- (a) provide that fee amounts must be fair and proportionate;
- (b) include provision- (i) setting out how regularly the fee amounts will be reviewed; (ii) about exceptional circumstances in which fee amounts might be reviewed in between regular reviews; (c) provide that any increase in fee amounts must be approved by the Secretary of State.
(6) In this paragraph- 'compulsory costs' means the scheme costs other than the costs of the voluntary aspects; 'voluntary establishment costs' means the costs that are incurred in or associated with, or likely to be incurred in or associated with, the establishment of the voluntary aspects of the scheme.
Redress schemes must be funded by fees paid by member landlords.
The regulations specify that for compulsory aspects, fees must cover costs but not generate a profit.
Any increase in fees requires approval from the Secretary of State, and all charges must be 'fair and proportionate' and subject to regular review.
8 The scheme must provide-
- (a) that the scheme administrator, responsible individual or an individual investigating or determining a complaint may co-operate (including by jointly exercising functions) with-
- (i) persons exercising functions under other landlord redress schemes,
- (ii) persons exercising functions in relation to other kinds of complaint,
- (iii) persons exercising enforcement or regulatory functions in relation to the private rented sector, and
- (iv) the Secretary of State;
- (b) that an individual investigating or determining a complaint must consider co-operating with the persons mentioned in sub-paragraph (a).
- -(1) The scheme must provide that the scheme administrator, the responsible individual or an individual investigating or determining a complaint may disclose information held in connection with functions under the scheme to-
- (a) any of the following persons, for the purposes specified in sub-paragraph (2)-
- (i) a person exercising functions under another landlord redress scheme;
- (ii) a person exercising functions in relation to another kind of complaint;
- (iii) a person exercising enforcement or regulatory functions in relation to the private rented sector;
- (b) a person exercising social services functions where, during an investigation of a complaint under the scheme, there is reasonable cause to believe that a child or vulnerable adult is at risk of neglect, abuse or physical, mental or emotional harm;
- (c) a constable, where necessary for a purpose-
- (i) relating to the prevention, detection, investigation or prosecution of an offence,
- (ii) of the police relating to public health or public safety, or
- (iii) relating to national security;
- (d) the database operator for the purpose of-
- (i) enabling database entries to be made and kept up-to-date;
- (ii) checking the accuracy of database entries.
(2) The purposes specified in this paragraph are-
- (a) enabling the person to assist with the exercise of functions under the scheme;
- (b) assisting with- (i) in the case of a person exercising functions under another landlord redress scheme, the exercise of functions under that scheme, (ii) in the case of a person exercising functions in relation to another kind of complaint, the exercise of those functions, or (iii) in the case of a person exercising enforcement or regulatory functions in relation to the private rented sector, the exercise of those functions;
- (c) enabling co-operation (including joint exercise of functions) authorised by provision included in the scheme in accordance with paragraph 8(a).
(3) The scheme must provide that the scheme administrator, the responsible individual or an individual investigating or determining a complaint may publish the following information about scheme members who have been expelled-
- (a) name;
- (b) registration number under the scheme;
- (c) unique identifier under section 84 of the Act;
- (d) addresses of properties subject to residential tenancies under which the member is the residential landlord.
(4) In this paragraph- 'child' means a person under the age of 16; 'database operator' has the meaning given in section 76(1) of the Act; 'social services functions' has the meaning given in section 1A of the Local Authority Social Services Act 1970; 'vulnerable adult' means a person aged 16 or over whose ability to protect themselves from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise.
This section requires schemes to cooperate with other redress bodies, local regulators, and the Secretary of State.
It authorizes the sharing of information for enforcement purposes, child protection, and national security.
It also allows schemes to publicly name expelled landlords, including their registration numbers and the addresses of their let properties.
- -(1) The scheme must provide that-
- (a) the scheme administrator must annually prepare and publish the documents specified in sub-paragraph (2);
- (b) where the scheme administrator is not the Secretary of State, the scheme administrator- (i) must send the documents specified in sub-paragraph (2) to the Secretary of State before publishing them, and (ii) must not publish those documents until they have been approved by the Secretary of State;
- (c) the scheme administrator must disclose to the Secretary of State such information as the Secretary of State may request for the purpose of monitoring the performance of the scheme.
(2) The documents are-
- (a) a document describing- (i) the scheme administrator's objectives for the next year, (ii) how they plan to achieve these objectives, and (iii) a list of key performance indicators for the scheme;
- (b) a report including a review of the scheme's performance against the key performance indicators included in the document specified in paragraph (a) which was published the previous year;
- (c) accounts prepared in such manner as is determined by the Secretary of State.
Administrators must produce annual reports detailing their objectives, performance against previous targets, and audited accounts.
These documents cannot be published until they have been formally approved by the Secretary of State, who uses them to monitor the scheme's performance.
- -(1) The scheme must provide that-
- (a) the scheme administrator must conduct a review of the provisions of the scheme to determine whether they meet the needs of the persons specified in sub-paragraph (2)- (i) within the period of five years beginning with the date of approval or designation of the scheme, and (ii) within each period of five years beginning with the day after the day on which the last review of the scheme was completed;
- (b) a review must include consultation with- (i) scheme members, and (ii) tenants under residential tenancies under which the landlord is a scheme member;
- (c) where the scheme administrator is not the Secretary of State, the scheme administrator must, after conducting a review, send to the Secretary of State a report setting out the findings of the review, including- (i) the amendments to the scheme that appear to the scheme administrator to be appropriate, or (ii) a statement that the scheme administrator considers that the scheme should not be amended;
- (d) in the case of a scheme which has been approved under section 64(2)(b)(i) of the Act, where the scheme administrator has sent a report to the Secretary of State which includes amendments, the scheme administrator must make an application for amendment of the scheme in accordance with regulation 4(2);
- (e) the scheme administrator must provide any information requested by the Secretary of State in relation to the review.
(2) The persons are-
- (a) residential tenants;
- (b) residential landlords;
- (c) such other persons as the Secretary of State may direct.
12 The scheme must include provision enabling the making of complaints, by scheme members and tenants, about the operation of the scheme.
Schemes are required to undergo a comprehensive review every five years to ensure they continue to meet the needs of both tenants and landlords.
This process must include public consultation and results in a report to the Secretary of State.
Additionally, schemes must have a mechanism for both landlords and tenants to complain about the way the scheme itself is being operated.
13 The scheme must provide that-
- (a) the administration of the scheme may be transferred to a different administrator only by direction of the Secretary of State;
- (b) the Secretary of State may direct that the administration of the scheme be transferred to a different administrator where the Secretary of State considers that it is appropriate to do so.
- -(1) The scheme must include provision setting out a process for facilitating the orderly transfer of scheme members to another landlord redress scheme in the case of a closure event.
(2) The scheme must provide that the Secretary of State may direct the scheme administrator to take such actions as the Secretary of State considers are appropriate in connection with a closure event.
(3) The scheme must provide that the scheme administrator, the responsible individual and an individual investigating or determining a complaint may disclose information held in connection with the scheme to the Secretary of State for purposes connected with a closure event.
15 The scheme must provide that, where-
- (a) a scheme member intends to leave the scheme and join another landlord redress scheme, including in connection with a closure event, and
- (b) there are three or more landlord redress schemes operating (including the scheme to which the member currently belongs), the member must give a notice in writing to the scheme administrator stating which scheme the member is intending to join.
These provisions govern the transfer of a scheme's administration and its eventual closure.
Only the Secretary of State can authorize a change in administrator.
In the event a scheme closes, administrators must facilitate an orderly transition for their member landlords to new schemes, and landlords must specify which new scheme they are joining if multiple options exist.
16 The scheme must provide that the responsible individual may do anything that the responsible individual considers appropriate for the purpose of-
- (a) enabling the investigation and determination of complaints under the scheme;
- (b) supporting tenants in making complaints under the scheme;
- (c) facilitating the resolution of complaints of a sort which could be made under the scheme;
- (d) contributing to the development of policy in relation to matters about which a complaint could be made under the scheme.
17 The scheme must provide that-
- (a) the scheme administrator, and
- (b) the responsible individual, must have regard to any guidance issued or approved under section 70(1) of the Act (guidance on cooperation between local housing authorities and persons exercising functions under landlord redress schemes).
This section grants the 'responsible individual' broad powers to support tenants in the complaint process and contribute to policy development.
It also mandates that scheme administrators must follow official guidance regarding cooperation with local housing authorities.
18 The scheme must provide that, where necessary in order to access the service-
- (a) a tenant may- (i) submit a complaint and other documents relating to the scheme, and (ii) receive documents relating to the scheme from the scheme administrator, by post;
- (b) a residential landlord may apply to become a member of the scheme by post or by telephone;
- (c) a scheme member may- (i) submit documents relating to the scheme, and (ii) receive documents relating to the scheme from the scheme administrator, by post;
- (d) a tenant or a scheme member may submit a complaint about the operation of the scheme by post or by telephone.
19 The scheme must provide that a notice, notification, direction, order, delegation, variation of a delegation or revocation of a delegation given in accordance with provision included in the scheme in accordance with this Schedule must be given in writing.
To ensure accessibility, schemes must allow tenants and landlords to interact via post or telephone rather than relying solely on digital methods.
This applies to joining the scheme, submitting complaints, and receiving formal documents.
Consistent with earlier sections, all formal legal instruments within the scheme must be in writing.
Part 2
Conditions: approval
Conditions relating to closure of the scheme by the scheme administrator
- -(1) The scheme must provide that-
- (a) the scheme administrator may close the scheme where the scheme administrator considers it appropriate to do so;
- (b) the scheme administrator must, before closing the scheme, give the Secretary of State a notice stating that the scheme administrator intends to close the scheme;
- (c) the Secretary of State must, within the period of 25 working days beginning with the date on which the Secretary of State received a notice given under the provision included in the scheme in accordance with paragraph (b), direct the scheme administrator as to the date on which the scheme is to be closed;
- (d) the date on which the scheme is to be closed under the direction of the Secretary of State under provision included in the scheme in accordance with paragraph (c) must be within the period of 18 months beginning with the date of the direction;
- (e) where the Secretary of State makes a direction under provision included in the scheme in accordance with paragraph (c), the scheme administrator must give to every scheme member, within such period as the Secretary of State may direct, a notice stating- (i) that the scheme is to be closed, and (ii) the date on which the scheme is to be closed;
- (f) the scheme administrator must, before the scheme is closed, provide to the scheme administrator of another landlord redress scheme such information relating to- (i) scheme members, and (ii) complaints made under the scheme (including complaints which have been closed), as would enable that scheme administrator to continue the operation of the compulsory aspects of the scheme;
- (g) where, under paragraph (f), there is more than one scheme administrator to whom the information might be provided, the Secretary of State may direct the scheme administrator as to which of those scheme administrators to provide the information to.
(2) The scheme must provide that where the administration of the scheme has been transferred to the Secretary of State, or to a person acting on behalf of the Secretary of State, under provision included in the scheme in accordance with paragraph 13, the scheme administrator may not exercise the power conferred by provision included in the scheme in accordance with sub-paragraph (1)(a).
(3) The scheme must provide that, where the scheme administrator has given the Secretary of State a notice under provision included in the scheme in accordance with sub-paragraph (1)(b) stating that the scheme administrator intends to close the scheme, the Secretary of State may, at any time before the scheme closes, transfer the administration of the scheme to a different administrator under provision included in the scheme in accordance with paragraph 13.
This part sets out the rules for when an administrator chooses to shut down an approved scheme voluntarily.
They must notify the Secretary of State, who will then set a closing date within 18 months.
The administrator is legally obligated to transfer member and complaint data to a successor scheme to prevent any gap in the redress service for tenants.
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