In the 1988 Act , before section 5 insert—

“4A Assured tenancies to be periodic with rent period not exceeding a
month

(1)

Terms of an assured tenancy are of no effect so far as they provide—

(a)

for a tenancy to be a fixed term tenancy, or

(b)

for periods of the tenancy to be different from the periods for
which rent is payable (“rent periods”).

(2)

Where terms of an assured tenancy are of no effect by virtue of
subsection (1) (a) or (b) , the tenancy has effect as a periodic tenancy under which the periods of the tenancy are the same as the rent periods.

(3)

Terms of an assured tenancy which provide for the rent periods are
of no effect unless each rent period is—

(a)

a period of 28 days or shorter, or

(b)

a monthly rent period.

(4)

Those terms may provide for different rent periods at different times
during the assured tenancy (but each rent period must be permitted by subsection (3) ).

(5)

Where terms of an assured tenancy are of no effect by virtue of
subsection (3) , the tenancy has effect as if it provided—

(a)

for successive rent periods of one month beginning with the
first day of the tenancy, and

(b)

for the rent for each such rent period—

(i)

to be the amount calculated in accordance with the
formula in subsection (6) , and

(ii)

to be due on the first day of the period.

(6)

The formula is—

$\frac{R}{D}\times 30.42$

where—

R is the rent that would have been due for the first rent period of the tenancy under the terms that are of no effect by virtue of subsection (3) ;

D is the number of whole days in that period.

(7)

Except as provided by subsections (1) and (3) , nothing in this section
limits any right of the landlord and the tenant to vary a term of a tenancy by agreement.

(8)

For the purposes of this section, terms of an assured tenancy provide
for “monthly” rent periods if they provide for rent to be payable for successive periods of one month, disregarding any provision for the first period to be a different period not exceeding 30 days.”

In section 8 of the 1988 Act , after subsection (6) insert—

“(7)

Regulations made under section 45(1) by virtue of subsection (3) may—

(a)

provide for the form to be published by the Secretary of State;

(b)

provide that the form to be used is the version that has effect
at the time the requirement applies.”

In the 1988 Act, after section 4A (inserted by section 1 of this Act) insert—

“4B Assured tenancy: prohibition of rent in advance (except initial rent)

(1)

Terms of an assured tenancy which provide for when rent is due are
of no effect so far as they provide for rent to be due in advance.

(2)

But subsection (1) does not apply—

(a)

to an excepted tenancy, or

(b)

to terms of any other assured tenancy so far as they provide
for initial rent to be due during the permitted pre-tenancy period.

(3)

Where terms of an assured tenancy providing for when the rent for
a rent period is due are of no effect by virtue of this section, the tenancy has effect as if it provided for the rent for that rent period to be due on the substitute rent day for that rent period.

(4)

In a case where the terms of the tenancy (after taking account of section
4A) are such that—

(a)

one or more of the periods of the tenancy will be compliant
rent periods, and

(b)

the compliant rent periods have a regular pattern,

the regular rent day which falls during a rent period is the “substitute rent day” for the rent period.

(5)

In any other case, the first day of a rent period is the “substitute rent
day” for the rent period.

(6)

The compliant rent periods of a tenancy “have a regular pattern” if
those periods meet the following two conditions—

(a)

all of the compliant rent periods will be the same length (and,
for this purpose, all periods of one month are the same length);

(b)

the rent for all of the compliant periods will be due—

(i)

on the same day during each of the periods (such as
the same day of the week in a weekly period or the same date in the month in a monthly period), or

(ii)

on the same description of day during each of the
periods (such as the last day, or first weekday, of a period);

and that day, or day of that description, is the “regular rent day”.

(7)

The condition in subsection (6) (a) is met even if the first period of the
tenancy is of a different length from all the other compliant periods; and, in such a case, the condition in subsection (6) (b) is met even if the rent for the first period of the tenancy is due on a different day, or description of day, from all the other compliant periods.

(8)

For provision enabling a holding deposit to be used to pay initial rent
due during the permitted pre-tenancy period, see Schedule 2 to the Tenant Fees Act 2019 .

(9)

The Secretary of State may, by regulations, amend this section for the
purpose of making provision about the descriptions of rent due in advance to which subsection (1) does not apply.

(10)

Regulations under subsection (9) —

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(11)

A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(12)

In this paragraph—

“
compliant rent period”: a rent period is a compliant rent period
if the rent for the period is due during the period — and, in determining this, the effect of this section on when rent is due must be disregarded;

“
due in advance”, in relation to rent, means due before the rent
period for which it is payable;

“
excepted tenancy” means—

(a)

an assured tenancy of social housing (within the
meaning of Part 2 of the Housing and Regeneration Act
2008 ) if the landlord is a private registered provider of social housing;

(b)

an assured tenancy granted pursuant to Part 7 of the Housing Act 1996 (homelessness);

“
initial rent” means rent that is payable for—

(a)

the first rent period, or

(b)

any later rent period which ends during the initial 28
day period;

and here “initial 28 day period” means the period of 28 days beginning with the first day of the first rent period;

“
permitted pre-tenancy period” means the period that—

(a)

begins when the tenancy is entered into, and

(b)

ends with the day before the first day of the tenancy;

“
regular rent day” has the meaning given in subsection (6) (b) ;

“
rent period” means a period for which rent is payable under the
assured tenancy;

“
substitute rent day” means the day determined in accordance
with subsection (4) or (5) .”

In the 1988 Act , after section 14ZB (inserted by section 8 of this Act) insert—

“14ZC Repayment of rent paid for days after end of tenancy

(1)

A person who paid rent as a tenant under an assured tenancy is
entitled to be repaid any part of that rent that relates to days falling after the end of the tenancy.

(2)

Subsection (1) does not affect any other entitlement to payment arising
at the end of an assured tenancy.”

In the 1988 Act , after section 16C (inserted by section 12 of this Act) insert—

“Duties of landlords and persons acting on their behalf

16D Duty of landlord and contractor to give statement of terms etc

(1)

This section applies to an assured tenancy other than a tenancy granted
by implication, after an implied surrender of a previous tenancy between the same parties, where the implied surrender and grant result from an agreement to vary the terms of the previous tenancy.

(2)

The landlord under a tenancy to which this section applies must give
the tenant a written statement of—

(a)

such terms of the tenancy as are specified in regulations made
by the Secretary of State, whether in the form of an agreement in writing between the landlord and tenant or a record of terms otherwise agreed, and

(b)

any other information in writing about any of the following
which is required to be given by regulations made by the Secretary of State—

(i)

the tenancy;

(ii)

the dwelling-house let on the tenancy;

(iii)

the tenant;

(iv)

the landlord;

(v)

the rights of the landlord or the tenant in relation to
the tenancy or the dwelling-house let on it.

(3)

The landlord may include in a statement under subsection (2) a
statement of the landlord’s wish to be able to recover possession on one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A or 18 in Schedule 2 (for the consequences of specifying a ground mentioned in this subsection in a notice under section 8 where no statement under this subsection is so included, see section 16E (1) (f) and section 16I (1) (a) ).

(4)

Subject to subsections (5) and (6) , the statement under subsection (2) must be given before the tenancy is entered into.

(5)

Where a tenancy to which this section applies—

(a)

arises by succession as mentioned in section 39(5), or

(b)

is an assured agricultural occupancy in respect of which the
agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3,

the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the landlord acknowledges the tenant’s right to a tenancy.

(6)

Where a tenancy becomes a tenancy to which this section applies by
virtue of section 143C(3) of the Housing Act 1996 (demoted tenancies: change of landlord), the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the new landlord becomes the landlord under the tenancy.

(7)

Where a landlord has entered into a contract with a person which
requires that person to ensure compliance with this section (whether or not this section is referred to individually), subsection (2) also applies to that person, as it applies to the landlord.

(8)

Regulations under this section—

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(9)

A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of Parliament.”

In the 1988 Act , after section 16D (inserted by section 14 of this Act) insert—

“16E Other duties

(1)

A relevant person must not, in relation to an assured tenancy—

(a)

purport to let a dwelling-house on the tenancy for a fixed term
(see section 4A),

(b)

purport to bring the tenancy to an end by service of a notice
to quit (see section 5(1)),

(c)

purport to bring the tenancy to an end, or require that it is
brought to an end, orally,

(d)

serve on the tenant a purported notice of possession,

(e)

rely on a ground in Schedule 2 where the person does not
reasonably believe that the landlord is, will or may be able to obtain an order for possession on that ground, or

(f)

where the tenancy is one to which section 16D applies, rely on
one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A or 18 in Schedule 2 if no statement was given to the tenant under section 16D (3) in respect of them.

(2)

Subject to section 16F , where a relevant person relies on Ground 1 or
1A in Schedule 2 in relation to an assured tenancy, the landlord must not, within the restricted period—

(a)

let the dwelling-house on a tenancy for a term of 21 years or
less, or

(b)

permit a person to occupy the dwelling-house—

(i)

under a licence to occupy, and

(ii)

for monetary consideration.

(3)

Subject to section 16F , where a relevant person relies on Ground 1 or
1A in Schedule 2 in relation to an assured tenancy, a relevant person in relation to that tenancy must not—

(a)

within the restricted period, market the dwelling-house to let
on a tenancy for a term of 21 years or less,

(b)

within the restricted period, market the dwelling-house to be
occupied—

(i)

under a licence to occupy, and

(ii)

for monetary consideration,

(c)

authorise another person to market the dwelling-house to let
on a tenancy for a term of 21 years or less, so far as the authorisation would allow that other person to market it within the restricted period, or

(d)

authorise another person to market the dwelling-house to be
occupied—

(i)

under a licence to occupy, and

(ii)

for monetary consideration,

so far as the authorisation would allow that other person to market it within the restricted period.

(4)

Where a prohibition in subsection (2) or (3) applies to a person, it
continues to apply to that person until the end of the restricted period, whether or not the tenancy continues during that period.

(5)

A breach of subsection (1) (f) does not prevent a court from making
an order for possession of the dwelling-house on the ground in question (but see section 16I (1) (a) ).

16F Exceptions from letting and marketing prohibitions

(1)

Section 16E (2) (prohibition on letting and licensing within restricted
period) does not apply where—

(a)

the relevant person relies on Ground 1 and—

(i)

the tenant or licensee is a person mentioned in
paragraphs (a) to (d) of that ground, or

(ii)

a person mentioned in paragraphs (a) to (d) of Ground
1 also occupies the dwelling-house and does so as their only or principal home;

(b)

the relevant person relies on Ground 1A and—

(i)

the licensee has agreed to purchase the landlord’s
interest in the dwelling-house and the licence to occupy is granted in anticipation of that purchase, or

(ii)

the licensee has agreed to the landlord granting the
licensee a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, and the licence to occupy is granted in anticipation of the grant of that lease.

(2)

Section 16E (3) (prohibition on marketing within restricted period) does
not apply where the marketing is in connection with letting, or occupation under a licence, which is permitted as a result of subsection (1) .

16G Interpretation of terms related to marketing in section 16E

(1)

For the purposes of section 16E a person markets a dwelling-house to
let on a tenancy when—

(a)

the person advertises that the dwelling-house is or may be
available to let on a tenancy, or

(b)

in the course of lettings agency work, the person informs any
other person that the dwelling is or may be so available.

(2)

For the purposes of section 16E a person markets a dwelling-house to
be occupied under a licence when—

(a)

the person advertises that the dwelling-house is or may be
available to be occupied under a licence, or

(b)

in the course of lettings agency work, the person informs any
other person that the dwelling is or may be so available.

(3)

But subsections (1)(a) and (2) (a) do not apply in relation to a person
who publishes an advertisement in the course of a business that does not involve lettings agency work if the advertisement has been provided by another person.

(4)

For the purposes of this section, “lettings agency work” means things
done by a person in the course of a business in response to instructions received from—

(a)

a person (“a prospective landlord”) seeking to find another
person to occupy a dwelling-house, or

(b)

a person (“a prospective occupier”) seeking to find a
dwelling-house to occupy.

(5)

However, “lettings agency work” does not include any of the following
things when done by a person who does nothing else within subsection (4) —

(a)

publishing advertisements or disseminating information;

(b)

providing a means by which a prospective landlord or a
prospective occupier can, in response to an advertisement or dissemination of information, make direct contact with a prospective occupier or prospective landlord;

(c)

providing a means by which a prospective landlord and a
prospective occupier can communicate directly with each other.

(6)

“Lettings agency work” also does not include things of a description,
or things done by a person of a description, specified for the purposes of this section in regulations made by the Secretary of State.

(7)

Regulations under this section—

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(8)

A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of Parliament.”

In the 1988 Act , after section 16G (inserted by section 13 of this Act) insert—

“16H Landlords acting through others

Nothing in section 16D or 16E prevents a landlord from fulfilling or contravening an obligation through another person acting on their behalf.”

In the 1988 Act , after section 16H (inserted by section 16 of this Act) insert—

“Landlords etc: financial penalties and offences

16I Financial penalties

(1)

A local housing authority may impose a financial penalty on a person
if satisfied beyond reasonable doubt—

(a)

that the person contravened section 16D or any paragraph of section 16E (1) other than paragraph (e) , or

(b)

that—

(i)

the person contravened paragraph (e) of section 16E (1) , and

(ii)

the tenant surrendered the tenancy within the period
of four months beginning with the date of the contravention, without an order for possession of the dwelling-house being made.

(2)

Where a landlord fulfils the requirement in section 16D , a local housing
authority may not impose a financial penalty on a person who contravenes section 16D only by virtue of subsection (7) of that section.

(3)

More than one penalty may be imposed on the same person in relation
to a contravention of section 16D only if—

(a)

the contravention continues after the end of 28 days beginning
with the day after that on which the previous penalty for the contravention was imposed, unless the person appeals against the decision to impose the penalty within that period, or

(b)

if the person appeals against that decision within that period,
the contravention continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.

(4)

Subsection (3) does not enable a penalty to be imposed after the final
notice in respect of the previous penalty has been withdrawn or quashed on appeal.

(5)

Where a local housing authority has imposed a financial penalty on
a person in relation to a contravention of paragraph (b) or (d) of section
16E (1) , the local housing authority may not impose a financial penalty in relation to a contravention of the other of those two paragraphs arising from the same conduct.

(6)

The amount of a financial penalty imposed under this section is to be
determined by the authority imposing it, but must not be more than £7,000.

(7)

Where—

(a)

a local housing authority is satisfied as mentioned in subsection
(1) in relation to two or more persons, and

(b)

the contraventions in relation to which the local housing
authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others,

the local housing authority may impose a financial penalty under this section on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it.

(8)

No financial penalty may be imposed under this section in respect of
any conduct if—

(a)

the person has been convicted of an offence under section 16J in respect of the conduct,

(b)

criminal proceedings under that section have been instituted
against the person in respect of the conduct and the proceedings have not been concluded,

(c)

criminal proceedings under that section in respect of the
conduct have been concluded and the person has not been convicted of the offence, or

(d)

a financial penalty has been imposed under section 16K in
respect of that conduct.

(9)

The Secretary of State may give guidance to local housing authorities
about the exercise of their functions under this section.

(10)

Local housing authorities must have regard to any guidance issued
under subsection (9) .

(11)

For the purposes of this section and section 16J —

(a)

a financial penalty is imposed under this section or section 16K on the date specified in the final notice as the date on which the notice is given, and

(b)

“final notice” has the meaning given by paragraph 6 of Schedule
2ZA .

16J Offences

(1)

A relevant person is guilty of an offence if, in relation to an assured
tenancy—

(a)

the person relies on a ground in Schedule 2, knowing that the
landlord would not be able to obtain an order for possession on that ground, or being reckless as to whether the landlord would be able to do so, and

(b)

the tenant surrenders the tenancy within the period of four
months beginning with the date the ground was relied on, without an order for possession of the dwelling-house being made.

(2)

A person is guilty of an offence if the person contravenes section 16E (2) or (3) but it is a defence for a person who contravenes section 16E (3) otherwise than as a landlord to show that they took all
reasonable steps to avoid contravening it.

(3)

A person is guilty of an offence if—

(a)

a relevant penalty has been imposed on the person and the
final notice imposing the penalty has not been withdrawn, and

(b)

the conduct in respect of which the penalty was imposed
continues after the end of the period of 28 days beginning with—

(i)

the day after that on which the penalty was imposed
on the person, or

(ii)

if the person appeals against the final notice in respect
of the penalty within that period, the day after that on which the appeal is finally determined, withdrawn or abandoned.

(4)

A person is guilty of an offence if—

(a)

the person conducts themselves in a manner giving rise to
liability to a financial penalty under section 16I , and

(b)

within the period of five years ending with the day on which
the conduct occurs—

(i)

a relevant penalty has been imposed on the person for
different conduct and the final notice imposing the penalty has not been withdrawn, or

(ii)

the person has been convicted of an offence under this
section for different conduct.

(5)

In subsections (3) and (4) “relevant penalty” means a financial penalty
which is imposed under section 16I or 16K where—

(a)

the period for bringing an appeal against the penalty
under  paragraph 10 (2) of Schedule 2ZA has expired without an appeal being brought,

(b)

an appeal against the financial penalty under that paragraph
has been withdrawn or abandoned, or

(c)

the final notice imposing the penalty has been confirmed or
varied on appeal.

(6)

A person may not be convicted of an offence under subsection (1) , (2) or (4) in respect of any conduct if a financial penalty has been imposed under section 16I or 16K in respect of that conduct.

(7)

Where an offence under this section committed by a body corporate
is proved to have been committed with the consent or connivance of an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.

(8)

Where an offence under subsection (2) committed by a body corporate
is proved to be attributable to any neglect on the part of an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.

(9)

Where the affairs of a body corporate are managed by its members, subsections (7) and (8) apply in relation to the acts and defaults of a
member in connection with the member's functions of management as if the member were an officer of the body corporate.

(10)

A person guilty of an offence under this section is liable on summary
conviction to a fine.

16K Financial penalties as an alternative to prosecution under section 16J

(1)

A local housing authority may impose a financial penalty on a person
if satisfied beyond reasonable doubt that the person is guilty of an offence under section 16J .

(2)

No financial penalty may be imposed under this section in respect of
any conduct if—

(a)

the person has been convicted of an offence under section 16J in respect of the conduct,

(b)

criminal proceedings under that section in respect of the
conduct have been instituted against the person and the proceedings have not been concluded, or

(c)

criminal proceedings under that section in respect of the
conduct have been concluded and the person has not been convicted of the offence.

(3)

The amount of a financial penalty imposed under this section is to be
determined by the authority imposing it, but must not be more than £40,000.

(4)

Where—

(a)

a local housing authority is satisfied as mentioned in subsection
(1) in relation to two or more persons, and

(b)

the offences in relation to which the local housing authority is
so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others,

the local housing authority may impose a financial penalty under this section on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it.

(5)

The Secretary of State may give guidance to local housing authorities
about the exercise of their functions under this section.

(6)

Local housing authorities must have regard to any guidance issued
under subsection (5) .

16L Financial penalties: supplementary and interpretation

(1)

The Secretary of State may give financial assistance (by way of grant,
loan guarantee or in any other form) or make other payments to a local housing authority in respect of the local housing authority’s functions under or by virtue of sections 16I to 16K .

(2)

The Secretary of State may by regulations amend the amount specified
in section 16I (6) or 16K (3) to reflect changes in the value of money.

(3)

Regulations under this section are to be made by statutory instrument.

(4)

A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of Parliament.

(5)

Schedule 2ZA makes provision about—

(a)

the procedure for imposing financial penalties under sections 16I and 16K ,

(b)

appeals against financial penalties under sections 16I and 16K ,

(c)

enforcement of financial penalties under sections 16I and 16K , and

(d)

how local housing authorities are to deal with the proceeds of
financial penalties under sections 16I and 16K .”

In the 1988 Act , after Schedule 2 insert—

“Schedule 2ZA

section 16L

Financial penalties under sections 16I and 16K

Notice of intent

1

Before imposing a financial penalty on a person under section 16I or 16K a local housing authority must give the person notice of its proposal to do so (a “notice of intent”).

2

(1)

The notice of intent must be given before the end of the period of
6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates.

(2)

But if the person is continuing to engage in the conduct on that
day, and the conduct continues beyond the end of that day, the notice of intent may be given—

(a)

at any time when the conduct is continuing, or

(b)

within the period of 6 months beginning with the last day
on which the conduct occurs.

3

The notice of intent must set out—

(a)

the date on which the notice of intent is given,

(b)

the amount of the proposed financial penalty,

(c)

the reasons for proposing to impose the financial penalty,
and

(d)

information about the right to make representations under
paragraph 4 .

Right to make representations

4

(1)

A person who is given a notice of intent may make written
representations to the local housing authority about the proposal to impose a financial penalty.

(2)

Any representations must be made within the period of 28 days
beginning with the day after that on which the notice was given (“the period for representations”).

Final notice

5

After the end of the period for representations the local housing
authority must—

(a)

decide whether to impose a financial penalty on the person,
and

(b)

if it decides to impose a financial penalty, decide the amount
of the penalty.

6

If the authority decides to impose a financial penalty on the person,
it must give the person a notice (a “final notice”) imposing that penalty.

7

The final notice must require the penalty to be paid within the
period of 28 days beginning with the day after that on which the notice was given.

8

The final notice must set out—

(a)

the date on which the final notice is given,

(b)

the amount of the financial penalty,

(c)

the reasons for imposing the penalty,

(d)

information about how to pay the penalty,

(e)

the period for payment of the penalty,

(f)

information about rights of appeal, and

(g)

the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

9

(1)

A local housing authority may at any time—

(a)

withdraw a notice of intent or final notice, or

(b)

reduce the amount specified in a notice of intent or final
notice.

(2)

The power in sub-paragraph (1) is to be exercised by giving notice
in writing to the person to whom the notice was given.

Appeals

10

(1)

A person to whom a final notice is given may appeal to the First-tier
Tribunal against—

(a)

the decision to impose the penalty, or

(b)

the amount of the penalty.

(2)

An appeal under this paragraph must be brought within the period
of 28 days beginning with the day after that on which the final notice was given.

(3)

If a person appeals under this paragraph, the final notice is
suspended until the appeal is finally determined, withdrawn or abandoned.

(4)

An appeal under this paragraph—

(a)

is to be a re-hearing of the local housing authority’s decision,
but

(b)

may be determined having regard to matters of which the
authority was unaware.

(5)

On an appeal under this paragraph the First-tier Tribunal may
confirm, vary or cancel the final notice.

(6)

The final notice may not be varied under sub-paragraph (5) so as
to make it impose a financial penalty of more than the local housing authority could have imposed.

Recovery of financial penalty

11

(1)

This paragraph applies if a person fails to pay the whole or any
part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.

(2)

The local housing authority which imposed the financial penalty
may recover the whole or part of the penalty on the order of the county court as if it were payable under an order of that court.

(3)

In proceedings before the county court for the recovery of a financial
penalty or part of a financial penalty, a certificate which is—

(a)

signed by the chief finance officer of the local housing
authority which imposed the penalty, and

(b)

states that the amount due has not been received by a date
specified in the certificate,

is conclusive evidence of that fact.

(4)

A certificate to that effect and purporting to be so signed is to be
treated as being so signed unless the contrary is proved.

(5)

In this paragraph “chief finance officer” has the same meaning as
in section 5 of the Local Government and Housing Act 1989 .

Proceeds of financial penalties

12

Where a local housing authority imposes a financial penalty under
this Act, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under this Act or otherwise in relation to the private rented sector.

13

Any proceeds of a financial penalty imposed under this Act which are not
applied in accordance with paragraph 12 must be paid to the Secretary of State.

14

(1)

In paragraph 12 , enforcement functions “in relation to the private
rented sector” means enforcement functions relating to—

(a)

residential premises in England that are let, or intended to
be let, under a tenancy,

(b)

the common parts of such premises,

(c)

the activities of a landlord under a tenancy of residential
premises in England,

(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, or

(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.

(2)

For the purposes of this paragraph “residential premises” has the
meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008 .

(3)

For the purposes of this paragraph “tenancy” includes a licence to
occupy.”

In the 1988 Act, after section 16L (inserted by section 17 of this Act) insert—

“Duties of landlords etc, penalties and offences: interpretation

16M Duties of landlords etc, penalties and offences: interpretation

(1)

In sections 16D to 16L , Schedule 2ZA and this section—

“
legal representative” means a person carrying on a legal activity,
within the meaning of the Legal Services Act 2007, in the course of a business, where the person—

(a)

is an authorised person in relation to a reserved legal
activity for the purposes of that Act, or

(b)

is of a description specified for the purposes of this
section in regulations made by the Secretary of State;

“
local housing authority” means a district council, a county council
in England for an area for which there is no district council, a London borough council, the Common Council of the City of London (in its capacity as a local authority) or the Council of the Isles of Scilly;

“
purported notice of possession” means any written document
which is not in accordance with section 8 but which (however expressed)—

(a)

purports to be a notice under section 8, or

(b)

purports to bring an assured tenancy to an end or to
require that it is brought to an end (by reference to a ground in Schedule 2 or otherwise),

and is not a claim form or a document produced pursuant to proceedings in the court for possession of the dwelling-house;

“
relevant person”, in relation to a tenancy, means—

(a)

the landlord,

(b)

a person acting on behalf of the landlord otherwise than
as a legal representative, or

(c)

a person purporting to act on behalf of the landlord.

(2)

For the purposes of 16D to 16L a person relies on a ground in Schedule
2 in relation to a tenancy where the person—

(a)

serves on the tenant a notice under section 8, or a purported
notice of possession, asserting that the landlord is, will or may be able to obtain an order for possession on that ground, or

(b)

having not done anything within paragraph (a) in relation to
the ground, files a claim form or particulars of claim with the court, for the purpose of beginning proceedings for possession on that ground.

(3)

In section 16E “the restricted period” is to be read in accordance with
subsections (4) to (7) .

(4)

Subject to subsections (5) to (7) “the restricted period” means—

(a)

in relation to a relevant person relying on Ground 1 or 1A in
a notice under section 8 or a purported notice of possession (see subsection (2) (a) ), the period—

(i)

beginning with the date on which the notice or
purported notice is served, and

(ii)

ending with the last day of the period of twelve months
beginning with the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin;

(b)

in relation to a relevant person relying on Ground 1 or 1A in
a claim form or particulars of claim (see subsection (2) (b) ), the period of twelve months beginning with the date on which the claim form or particulars of claim are filed with the court for the purpose of bringing proceedings for possession.

(5)

Where subsection (6) applies, the reference in subsection (4) (a) (ii) to
the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin is to be read as a reference to the earliest date that could have been validly so specified in a notice under section 8, served on the same date, specifying Ground 1 or 1A alone.

(6)

This subsection applies—

(a)

where (because it also specifies Ground 7A or 14) a notice
under section 8 specifies, as the earliest date on which proceedings for possession will begin, an earlier date than the earliest date that could have been validly so specified in a notice under section 8 specifying Ground 1 or 1A alone;

(b)

where a purported notice of possession—

(i)

does not specify a date as the earliest date on which
proceedings will begin, or

(ii)

specifies as the earliest date on which proceedings will
begin a date that could not have been specified in a valid notice under section 8 served on the same date, specifying Ground 1 or 1A alone.

(7)

Where, before the end of the restricted period, the court makes an
order for possession of the dwelling-house on a ground other than Ground 1 or 1A, the restricted period ends with the day on which the order is made.

(8)

Regulations under this section—

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(9)

A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of Parliament.”

In the 1988 Act, after section 16M (inserted by section 19 of this Act) insert—

“Guarantors

16N Guarantor not liable for rent payable after tenant’s death

(1)

This section applies where—

(a)

an individual (the “guarantor”) is a party to an arrangement
(the “guarantee”) under which the individual guarantees payment by the tenant of rent under an assured tenancy (“guaranteed rent”), and

(b)

the guarantor became a party to the guarantee on or after the
commencement date.

(2)

If—

(a)

only one person is the tenant under the assured tenancy, and

(b)

that person dies,

the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that person.

(3)

If—

(a)

two or more persons are the tenant under the assured tenancy,
and

(b)

all of those persons die,

the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the deaths of those persons (if they all die on the same day) or beginning with the death of the last of those persons to die (if they do not all die on the same day).

(4)

If—

(a)

two or more persons are the tenant under the assured tenancy,

(b)

the guarantor is a family member of only one of those persons,
and

(c)

that family member of the guarantor dies,

the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that family member.

(5)

If—

(a)

two or more persons are the tenant under the assured tenancy,

(b)

the guarantor is a family member of more than one of those
persons, and

(c)

all of those family members of the guarantor die,

the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the deaths of those family members (if they all die on the same day) or beginning with the death of the last of those family members to die (if they do not all die on the same day).

(6)

For the purposes of this section, the guaranteed rent for the period
beginning with the death of a person, or with the deaths of two or more persons, is—

(a)

guaranteed rent which—

(i)

is for the rent period during which the person dies or
persons die (the “relevant rent period”), and

(ii)

is attributable to the time after the death of the person
or persons, and

(b)

guaranteed rent for every rent period after the relevant rent
period.

(7)

For that purpose, the guaranteed rent for the relevant rent period
which is attributable to the time after the death of the person or persons is the amount calculated in accordance with this formula—

$\frac{D}{T}\times R$

where—

D is the total number of days in the relevant rent period which fall on and after the day of the death of the person or persons;

T is the total number of days in the relevant rent period;

R is the guaranteed rent for the relevant rent period.

16P Section 16N : application and interpretation

(1)

Section 16N applies to a guarantee—

(a)

whether or not it is in writing;

(b)

if it is in writing, whether or not it is in the lease;

(c)

whether or not it also guarantees the payment of any sum
other than the rent.

(2)

In section 16N and this section—

“
commencement date” has the meaning given by section 146 (3) of the Renters’ Rights Act 2024;

“
family member” is to be read in accordance with subsections (3) and (4) ;

“
rent period” means a period for which rent is payable.

(3)

For the purposes of section 16N , the guarantor is a family member of
the following persons—

(a)

the spouse, civil partner or co-habitee of the guarantor;

(b)

a person who is—

(i)

a child,

(ii)

a grandchild,

(iii)

a parent,

(iv)

a grandparent,

(v)

a sibling,

(vi)

a niece or nephew,

(vii)

an aunt or uncle, or

(viii)

a cousin,

of the guarantor or of the spouse, civil partner or co-habitee of the guarantor;

(c)

a person who is the spouse, civil partner or co-habitee of a
person falling within paragraph (b) .

(4)

If, in accordance with subsection (3) , a person (F)—

(a)

is a family member of the guarantor when the guarantee is
entered into, or

(b)

becomes a family member of the guarantor after the guarantee
is entered into,

F is to be regarded as being a family member of the guarantor at all times afterwards (regardless of whether F continues to be so in accordance with subsection (3) ).

(5)

For the purposes of this section—

(a)

one person (C) is the “co-habitee” of another person (P) if P
lives with C as if they were married or in a civil partnership;

(b)

a “niece or nephew” of a person (P) is a child—

(i)

of a sibling of P, or

(ii)

of a person who is the spouse, civil partner or co-habitee
of a sibling of P;

(c)

an “aunt or uncle” of a person (P) is a sibling of a parent of P;

(d)

a “cousin” of a person (P) is a child—

(i)

of an aunt or uncle of P, or

(ii)

of a person who is the spouse, civil partner or co-habitee
of an aunt or uncle of P;

(e)

“sibling” includes a sibling of the half-blood and a step-sibling.”

After section 5 of the Protection from Eviction Act 1977 insert—

“5A Notices to quit by tenants under assured tenancies

(1)

Any provision that would bind a tenant as to the means of giving a
notice in writing to quit premises let under an assured tenancy is of no effect.

(2)

For the purposes of subsection (1) the “means of giving a notice in
writing” is the mode by which the words of the notice are represented or reproduced in a visible form.

(3)

A notice by a tenant to quit premises let under an assured tenancy
may be withdrawn before the date on which it takes effect by the tenant and landlord agreeing in writing to the withdrawal.”