# The Renters’ Rights Act 2025 (Commencement No. 1) Regulations 2025, Note: 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.

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Source: https://www.legislation.gov.uk/uksi/2025/1354/note (the official version)
Page: https://openlegislation.uk/renters-rights-act-2025-commencement-no-1-regulations-2025/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

