This is a new provision. This section introduces a requirement for dwellings and the associated private landlords to be registered on the database before they can be let, or before they are advertised or marketed for let. Existing landlords must ensure that they have an active landlord and dwelling entry and comply with any requirements relating to those entries imposed by regulations made under section 78. These restrictions will apply to landlords, letting agents and to anybody who advertises a dwelling as available to let. The effect of these restrictions is that prospective tenants will be able to view and confirm whether a dwelling they are considering renting is registered before they make a decision on renting.
Example: Marketing a property that is not registered on the database
								A letting agent has listed a property on their website as available for let. The letting agent also calls a prospective tenant to let them know that the property is available for rent. However, neither the property nor the landlord has an active entry on the database, and the listing does not contain unique identifiers. The letting agent is in breach of requirements under section 82 (subsections (1) and (2)) and could be subject to a penalty under section 91.
Part 2: Residential landlord Chapter 3: The Private Rented Sector Database Section 82: Restrictions on marketing, advertising and letting dwellings Background