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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations set out the requirements for the Private Rented Sector Database which is established by Chapter 3 of Part 2 of the Renters’ Rights Act 2025 (c. 26) (“the 2025 Act”).

Regulation 1 provides for the provision in regulation 3 to come into force on 15th December 2026. The remaining regulations are to come into force at different times over the period of a year for both landlord entries for landlords who have rental properties in a specified region (as defined in Schedule 1), and dwelling entries for dwellings which are located in a specified region. The Regulations come into force for all other purposes on 15th September 2027.

Regulation 3 amends section 63 of the 2025 Act to exempt from the scope of the database requirements a tenancy of supported exempt accommodation within the meaning of the Supported Housing (Regulatory Oversight) Act 2023 (c. 26).

Regulations 4, 5 and 6 and Schedules 2 and 3 set out the requirements for making landlord and dwelling entries in the database, including how an entry is to be made, who may make an entry and what information and documents must be provided. Landlord and dwelling entries may only be made by a person who is, or intends to become a residential landlord, or by a specified person who has authority to manage the landlord property such as a donee of a power of attorney or a trustee in bankruptcy (“a third party”). Dwelling entries for a property which is already occupied by tenants require information about the tenancy and compliance with other statutory requirements to be provided within 28 days of the entry being made. Where entries are made by a third party an entry may still be made without some specified information being provided. A fee must be paid before a dwelling entry may be made.

Regulations 7, 8 and 9 set out the requirements for updating active landlord and dwelling entries in the database, including who may update an entry. Where a dwelling entry was made for a dwelling which was not occupied at the time the entry was made, information about the tenancy and compliance with other statutory requirements must be provided within 28 days of the start of the tenancy. Where a dwelling entry for a dwelling which was occupied at the time the entry was made by a third party and did not contain all the specified information or documents, the missing information or documents must be provided within 28 days of the entry being made. In all cases, for both landlord and dwelling entries, information or documents contained in the entry must be updated within 28 days of the information or documents becoming out of date.

Regulation 10 deals with the renewals of active entries in the database. Failure to renew means the entry will become inactive. An entry must be renewed every 12 months. An exception is where the landlord already has active dwelling entries on the database; in this case any new dwelling entries will have the same renewal date as the renewal date for those existing entries. Renewal of a dwelling entry requires a fee to be paid.

Regulation 11 sets out when active landlord and dwelling entries become inactive, other than on non-renewal. A landlord or a third party may deactivate a dwelling entry at any time. A landlord entry will automatically be deactivated once all the dwelling entries for that landlord have been deactivated. A dwelling entry will also become inactive if the required tenancy and compliance information is not provided within 28 days of the entry being made. Landlord and dwelling entries may also be deactivated by the database operator or local housing authority where the landlord is subject to a banning order and where none of the landlord’s properties are occupied.

Regulation 12 sets out who may reactivate inactive landlord and dwelling entries, which mirrors the requirements as to who may make an entry. Where a dwelling entry is reactivated after the previous renewal date, or the new renewal date is after the previous renewal date, a fee must be paid.

Regulation 13 allows the database operator or local housing authorities to verify, correct or remove entries.

Regulation 14 delegates the setting of fees to be charged for making, renewing or reactivating a dwelling entry to the database operator.

An impact assessment has not been prepared for this instrument as a full assessment was produced in relation to the 2025 Act. Copies may 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.