Question to the Ministry of Housing, Communities and Local Government:

To ask His Majesty's Government what definition they use for "knowingly" and "recklessly" in the offence of knowingly or recklessly misusing a possession ground under section 16J of the Housing Act 1988, inserted by section 15 of the Renters' Rights Act 2025.

The Renters' Rights Act delivers the government's manifesto commitment to overhaul the regulation of the private rented sector, including by abolishing Section 21 'no fault' evictions.

Misuse of a possession ground is a serious matter, particularly where this results in the tenant giving up their tenancy. It is ultimately for the courts and tribunals to determine what “knowingly” and “recklessly” mean when deciding whether the offence under section 16J(1) has been committed.