These Regulations may be cited as the Renters’ Rights Act 2025 (Commencement No. 1) Regulations 2025.
The Renters’ Rights Act 2025 (Commencement No. 1) Regulations 2025
Published: Tue 23rd Dec 25
These Regulations initiate the first partial commencement of the Renters’ Rights Act 2025, bringing specified sections into force on December 27, 2025, primarily to establish key definitions necessary for the operation of investigatory powers under Part 4 of the Act and to enable the production of statutory guidance for local authorities regarding financial penalties under the Housing Act 2004.
Arguments For
Provides necessary definitions early to enable the enforcement mechanisms related to investigatory powers under the broader Renters’ Rights Act 2025.
Facilitates the groundwork for issuing statutory guidance on financial penalties under the Housing Act 2004 by activating consequential amendments concerning those penalties.
Ensures a phased and structured introduction of new legislation by separately commencing provisions related to defining key tenancy terms and premises types for enforcement actions.
Arguments Against
Premature commencement of definitions related to investigatory powers (Chapter 3 of Part 4) without commencing the substantive enforcement powers might cause confusion regarding their immediate application.
Focusing only on definitions and limited consequential amendments in this first commencement order may delay the broader benefits or protections intended by the main 2025 Act for renters.
The reliance on the existing Housing Act 2004 framework for imposing penalties, even with new guidance provisions commencing, might mask underlying structural issues the 2025 Act sought to address.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 145(1) and (7) of the Renters’ Rights Act 2025¹.
The Secretary of State created these specific Regulations using the legal authority granted by subsections 145(1) and (7) of the Renters’ Rights Act 2025.
Citation1.
This section provides the official, formal title by which these Regulations can be referenced or cited.
Provisions coming into force on 27th December 20252.
The following provisions of the Renters’ Rights Act 2025 come into force on 27th December 2025—
(a)
for the purposes of Chapter 3 of Part 4 (investigatory powers)—
(i)
section 63, so far as it provides for the meaning of “residential landlord” and “residential tenancy”;
(ii)
section 99, so far as it provides for the meaning of marketing a dwelling for the purposes of creating a residential tenancy;
(iii)
section 100(1) and (5), so far as it provides for the meaning of “qualifying residential premises” in the inserted section 2B of the Housing Act 2004²;
(b)
section 100(6) (amendments of Acts), so far as it relates to the provisions in paragraph (c) of this regulation;
(c)
in Part 1 of Schedule 4 (amendments of Housing Act 2004)—
(i)
paragraphs 1 and 9(1), so far as they relate to the provision in sub-paragraph (ii) of this paragraph;
(ii)
paragraph 9(3), so far as it provides for the insertion of new subsection (1A) into section 9 of the Housing Act 2004 but excluding paragraph (a) of that subsection.
This regulation mandates that specific parts of the Renters’ Rights Act 2025 become legally active on December 27, 2025.
This initial activation focuses on securing definitions required for the investigatory powers detailed in Chapter 3 of Part 4.
Specifically, it brings into force definitions for “residential landlord,” “residential tenancy,” and terms related to marketing a dwelling for a tenancy.
It also activates provisions defining “qualifying residential premises” as they relate to section 2B of the Housing Act 2004.
Furthermore, it commences section 100(6) which allows amendments to other Acts, along with certain paragraphs in Schedule 4.
These amendments will allow the Secretary of State to issue statutory guidance on imposing financial penalties under the Housing Act 2004, excluding one specific sub-paragraph related to section 9(1A) insertion.
Explanatory Note
(This note is not part of the Regulations)
These Regulations are the first commencement regulations made under the Renters’ Rights Act 2025 (c. 26) (“the 2025 Act”).
Regulation 2 brings into force on 27th December 2025 specified provisions to facilitate the operation of Chapter 3 of Part 4 (investigatory powers) of the 2025 Act. The investigatory powers provisions come into force on that same date (see section 145(5)(d) of the 2025 Act). Regulation 2 also brings into force provisions allowing for the production of statutory guidance on the imposition of financial penalties under new section 6A of the Housing Act 2004 (c. 34) (“the 2004 Act”).
Section 63 of the 2025 Act is brought into force for the purposes of providing the definitions of “residential landlord” and “residential tenancy” for the following investigatory powers: section 126 (suspected residential tenancy: entry without a warrant); section 128 (suspected residential tenancy: warrant authorising entry); and section 129 (suspected residential tenancy: entry under warrant).
Section 99 is brought into force for the purposes of providing the definition of marketing a dwelling for the purposes of creating a residential tenancy which is used in section 114 (power of a local housing authority to require information from a relevant person).
Section 100(1) and (5) of the 2025 Act are brought into force for the purposes of providing the definition of “qualifying residential premises” for certain investigatory powers. These are: section 115 (power of a local housing authority to require information from any person under Parts 1 to 4 and 7 of the 2004 Act); section 134, which amends the power of local authorities to use certain information under sections 212A (tenancy deposit schemes) and 237 (housing benefit and council tax) of the 2004 Act; and section 135, which amends sections 235 (power to require documents to be produced) and 239 (powers of entry) of the 2004 Act.
Section 100(6) of, and Schedule 4 to, the 2025 Act make amendments to the 2004 Act. Paragraphs 1, 9(1) and (3) of Schedule 4 make amendments to section 9 of the 2004 Act to, amongst other things, allow the Secretary of State to give statutory guidance to local housing authorities in England about exercising their functions in relation to the imposition of financial penalties under Chapter 1 of Part 1 of that Act. This is being brought into force to facilitate the production of guidance on the imposition of penalties under section 6A (financial penalties relating to category 1 hazards or type 1 requirements), which is added to Chapter 1 of Part 1 of the 2004 Act by paragraph 6 of Schedule 4 to the 2025 Act.
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.
This section provides an Explanatory Note, which is not legally binding.
It confirms these are the first commencement regulations for the 2025 Act.
The note clarifies that the commencement on December 27, 2025, supports the investigatory powers provisions.
It specifies that Section 63 is activated to define terms used in powers allowing entry without warrant, entry under warrant, and seeking information related to suspected tenancies.
Section 99 is activated to define 'marketing a dwelling,' which applies to requests for information by local housing authorities.
Section 100(1) and (5) define 'qualifying residential premises' for several information-gathering and entry powers within the Housing Act 2004.
Crucially, commencement related to Schedule 4 enables the Secretary of State to issue statutory guidance to English local housing authorities on applying financial penalties under the Housing Act 2004 for hazards, linking this to the preparation of guidance on penalties under new section 6A.
Finally, it states a new impact assessment was not prepared because one accompanied the original 2025 Act legislation.
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