Explanatory note

These Regulations make amendments to secondary legislation in consequence of the coming into force of Chapter 1 of Part 1 of the Renters’ Rights Act 2025 (c. 26) (“the 2025 Act”) for the private rented sector, and section 62 of the 2025 Act. These Regulations also make minor miscellaneous amendments to the Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988 (S.I. 1988/2199), the Long Residential Tenancies (Principal Forms) Regulations 1997 (S.I. 1997/3008) and the Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012 (S.I. 2012/696).

Regulations 2, 3, 5, 7, 9, 10 and 11 amend or revoke secondary legislation for the private rented sector only to account for changes made by Chapter 1 of Part 1 of the 2025 Act. Chapter 1 of Part 1 of the 2025 Act makes various changes to the Housing Act 1988 (c. 50), including by abolishing shorthold tenancies, so that all tenancies under that Act will now be assured tenancies, and by abolishing evictions under section 21 (also known as no fault evictions).

Regulation 2 also updates the Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988 to make minor changes to the drafting and to insert a reference to the First-tier Tribunal.

Regulations 4 and 6 make amendments to secondary legislation consequential on section 62 of the 2025 Act. Section 62 makes changes to Schedule 14 to the Housing Act 2004 (c. 34) as regards student accommodation that is not a house in multiple occupation.

Regulation 8 makes both consequential and miscellaneous amendments to the Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012 (S.I. 2012/696). The consequential amendments ensure that those assured shorthold tenancies currently exempt from mutual exchange and/or the right to acquire because the rent payable is intermediate rent, mortgage rescue rent or shared ownership rent continue to be exempt when they become assured tenancies. Regulation 8 also updates the definitions of affordable rent, intermediate rent and mortgage rescue rent and makes some minor and technical changes to the drafting. The updated definitions are relevant to private and social housing assured tenancies.

Regulation 12 makes savings provisions to provide that the changes made by regulations 9 and 10 do not apply where certain transitional provisions in Schedule 6 to the 2025 Act apply (relating to where certain possession proceedings had begun before commencement).

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.