Section 39: Power of the Secretary of State to protect others, Renters' Rights Act 2025

If the Secretary of State is satisfied that—

a discriminatory rental practice exists in relation to dwellings that are to be let on agreements which may give rise to relevant tenancies ("relevant rental dwellings"), and

because of that discriminatory rental practice, the victims of that practice are significantly less likely to enter into relevant tenancies of dwellings than other people,

the Secretary of State may make regulations prohibiting that discriminatory rental practice.

A "discriminatory rental practice" exists in relation to relevant rental dwellings if some or all relevant persons—

on the basis that people are members of a particular group, prevent those people from—

enquiring whether relevant rental dwellings are available for let,

accessing information about relevant rental dwellings,

viewing relevant rental dwellings in order to consider whether to seek to rent them, or

entering into tenancies of relevant rental dwellings, or

apply a provision, criterion or practice in order to make a particular group of people less likely to enter into tenancies of relevant rental dwellings than people not in that group.

The "victims" of a discriminatory rental practice are—

where a particular group of people are prevented from doing the things mentioned in subsection (2)(a), the people in that group;

where a provision, criterion or practice is applied in order to make a particular group of people less likely to enter into tenancies as mentioned in subsection (2)(b), the people in that group.

Regulations "prohibiting" a discriminatory rental practice are regulations relating to—

the discriminatory rental practice, and

the persons who are the victims of it,

which make provision corresponding to the other anti-discrimination legislation in this Chapter

The "other anti-discrimination legislation in this Chapter" is—

sections 33 and 34, except for sections 33(3)(b) and 34(3)(b), and

;sections 35 to 38

but regulations under this section may make provision corresponding to the provision that may be made under section 33(3)(b) or 34(3)(b).

Before making regulations prohibiting a discriminatory rental practice, the Secretary of State must consult such of the following persons as the Secretary of State considers appropriate—

victims of the discriminatory rental practice or one or more representatives of such persons;

landlords and prospective landlords under relevant tenancies or one or more representatives of such persons;

landlords under regulated tenancies or one or more representatives of such persons;

other landlords and prospective landlords under leases of premises that consist of or include a dwelling or one or more representatives of such persons;

mortgagees of dwellings or one or more representatives of such persons;

insurers of dwellings or one or more representatives of such persons;

local housing authorities or one or more representatives of local housing authorities.

For that purpose a "representative" of persons of a particular kind, or of local housing authorities, is a body or other person which appears to the Secretary of State to represent the interests of persons of that kind, or of local housing authorities.

Section 39: Power of the Secretary of State to protect others

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