In this article
Which Properties Must Be Registered on the PRS Database?
The PRS Database covers dwellings in England let under an assured tenancy or a regulated tenancy that are not social housing, under section 63 of the Renters' Rights Act 2025. Holiday lets, company lets, lodgers, and most long leases fall outside that definition, though the Secretary of State can extend it by regulations.
This article is for general information purposes only and does not constitute legal advice. Landlords should seek independent legal advice for their specific circumstances. It describes the position in England.
The statutory test
Registration attaches to a residential landlord, meaning the landlord under a relevant tenancy of a dwelling in England that is not social housing, under section 63(1) of the Renters' Rights Act 2025.
Three terms do the work. A relevant tenancy means an assured tenancy within the meaning of the Housing Act 1988, or a regulated tenancy within the meaning of the Rent Act 1977, under section 63(3). A dwelling means a building or part of a building which is occupied or intended to be occupied as a separate dwelling, under section 63(2). Social housing takes its meaning from Part 2 of the Housing and Regeneration Act 2008 and is outside the scheme.
So the question is not whether you receive rent. It is whether the arrangement is an assured tenancy or a regulated tenancy. Since 1 May 2026 almost every private tenancy in England has been an assured periodic tenancy, which is why the scheme captures most of the sector. The exclusions matter precisely because they are the cases where that assumption breaks.
Section 1 of the Housing Act 1988 requires that the dwelling is let as a separate dwelling and that the tenant is an individual occupying it as their only or principal home. Schedule 1 to that Act then lists tenancies that cannot be assured tenancies at all. Between them, those two provisions define almost every exclusion below.
Scope at a glance
| Letting type | In scope | Why |
|---|---|---|
| Standard private let, occupied | Yes | Assured periodic tenancy since 1 May 2026 |
| Regulated tenancy from before 1989 | Yes | Named in section 63(3) |
| HMO let on assured tenancies | Yes | Each letting is an assured tenancy; licence numbers also requested |
| Rent to rent, intermediate landlord | Generally yes for the landlord under the tenancy | Section 63(1) attaches to the landlord under the relevant tenancy |
| Empty property, not currently let | Not yet | Government guidance limits launch scope to properties currently let or becoming let during rollout |
| Holiday let and short term let | No | Holiday lettings cannot be assured tenancies under Schedule 1 |
| Company let | No | Section 1 requires an individual occupying as an only or principal home |
| Lodger, resident landlord | No | Resident landlord lettings excluded by Schedule 1, and a lodger usually has a licence, not a tenancy |
| Rent free family occupation | Generally no | A tenancy at no rent cannot be assured under Schedule 1 |
| Very low rent letting | Generally no | Schedule 1 excludes tenancies at £1,000 or less a year in Greater London, £250 or less elsewhere |
| Rent over £100,000 a year | No | Schedule 1 excludes tenancies where rent exceeds £100,000 a year |
| Business tenancy, agricultural holding | No | Excluded by Schedule 1 |
| Long lease of 21 years or more | No | Long leases were removed from the assured tenancy regime by the Renters' Rights Act 2025 |
| Supported exempt accommodation | No | Government guidance excludes it by reference to the Supported Housing (Regulatory Oversight) Act 2023 |
| Social housing | No | Excluded by section 63(1) |
Sources: Renters' Rights Act 2025, sections 63 and 82; Housing Act 1988, section 1 and Schedule 1; Get ready: "Register your rental property" service, GOV.UK Housing Hub, updated 9 September 2026.
Do empty properties need registering?
Not at launch. Government guidance states that landlords are only required to register properties that are currently under let, or that become let during the rollout period. (Source: GOV.UK Housing Hub.)
That is narrower than the Act. Section 82(1) provides that a person must not market a dwelling for the purpose of creating a residential tenancy unless there is an active landlord entry and an active dwelling entry, and section 82(2) requires the unique identifiers allocated under section 84 to appear in any written advertisement. Government has said those marketing duties will be brought in under future legislation as the public interface is introduced, with guidance to follow.
The practical position, therefore, is that an empty property between tenancies does not need registering yet, but will need registering before it can lawfully be marketed once the marketing provisions are commenced. Landlords with voids should treat that as a change to plan for rather than a permanent exemption.
Holiday lets and short term lets
Holiday lettings sit outside the scheme because they cannot be assured tenancies. Schedule 1 to the Housing Act 1988 excludes a tenancy whose purpose is to confer on the tenant the right to occupy for a holiday, which takes ordinary short term holiday accommodation out of the assured regime and therefore out of section 63(3).
Two cautions. First, the label does not decide it. Courts look at the substance of the arrangement rather than what the agreement calls itself, and an agreement described as a holiday let that in reality provides a person's home has been found not to be one. Second, serviced accommodation occupied under a licence rather than a tenancy is outside the scheme for a different reason, namely that it is not a tenancy at all, and section 63(4)(b) allows the Secretary of State to bring specified licences into the definition by regulations.
Company lets
A letting to a limited company is outside the scheme. Section 1 of the Housing Act 1988 requires the tenant to be an individual occupying the dwelling as their only or principal home, and a company cannot satisfy that. The tenancy is therefore not assured, so the landlord is not a residential landlord under section 63.
This is worth stating carefully. The exclusion turns on the identity of the tenant, not the landlord. A property let by a limited company to an individual is squarely within the scheme. It is a property let to a company that falls outside it.
Lodgers and resident landlords
A landlord who lets a room in their own home is generally outside the scheme on two independent grounds. A lodger who shares living accommodation with the landlord normally occupies under a licence rather than a tenancy, and a licence is not a relevant tenancy under section 63(3). Separately, Schedule 1 to the Housing Act 1988 excludes lettings by resident landlords in defined circumstances.
Section 63(4)(b)(ii) gives the Secretary of State power to bring licences to occupy a dwelling within the definition by regulations. No such regulations have been made. Landlords taking in lodgers should watch for that rather than assume the position is permanent.
Family lets, low rent, and high rent
Where a property is occupied by a family member paying no rent, there is generally no assured tenancy, because Schedule 1 excludes tenancies at no rent. The same reasoning applies to a nominal rent: Schedule 1 excludes tenancies granted on or after 1 April 1990 where the rent is £1,000 or less a year in Greater London, or £250 or less a year elsewhere.
At the other end, Schedule 1 excludes tenancies where the rent exceeds £100,000 a year, a threshold raised from the original £25,000. High value London and country house lettings above that figure are therefore not assured tenancies and not within the scheme.
Landlords relying on either threshold are advised to take advice before concluding they are exempt. Whether an arrangement is a tenancy at all, whether the rent figure is correctly calculated, and whether the occupier has security under some other route are all fact sensitive.
Student lettings
An ordinary student house let by a private landlord on assured tenancies is within the scheme, and the fact that possession may later be sought under Ground 4A does not change that. Landlords of student HMOs should also expect to supply licence numbers as part of the dwelling entry.
Halls of residence let by specified educational institutions are a different matter, because Schedule 1 excludes certain lettings by such institutions from the assured regime. Purpose built student accommodation operated commercially requires case by case analysis rather than a blanket answer.
Where the boundary may move
Section 63(4) gives the Secretary of State a broad power to change all three limbs of the test by regulations: to bring superior landlords within the meaning of residential landlord, to add or remove kinds of tenancy or licence, and to widen dwelling so that it covers other structures, vehicles or vessels, or accommodation not occupied as a separate dwelling.
That last power matters for park homes, houseboats and non self contained accommodation, all of which sit outside the current definition and could be brought in without new primary legislation. Section 63(5) allows those additions to be identified by reference to matters connected with the tenancy or licence, including the characteristics of the people connected with it.
Landlords whose portfolios sit near any of these boundaries are advised to monitor the regulations rather than treat today's exclusion as settled. Where an arrangement is in scope, our guides to what the database requires and when and to preparing for registration set out the practical steps, and the underlying certificates involved are covered in our EICR guide.
Where a property is in scope, LLCR holds the certificates, dates and property details the registration service asks for in one record per property. You can check where your portfolio currently stands with the free compliance checker.
Last reviewed: 9 September 2026.
Frequently asked questions
Do I have to register a property that is empty between tenants?
Not at launch. Government guidance limits the requirement to properties currently under let, or that become let during the rollout period. Under future legislation you will need an active entry before marketing a property, because section 82 of the Renters' Rights Act 2025 prohibits marketing without active landlord and dwelling entries and requires unique identifiers in written adverts. Those provisions are not yet commenced.
Does a holiday let need to be registered on the PRS Database?
No, on the current definition. Registration applies to landlords under assured or regulated tenancies under section 63 of the Renters' Rights Act 2025, and holiday lettings cannot be assured tenancies under Schedule 1 of the Housing Act 1988. The label alone does not decide it, though, because courts look at the substance of the arrangement rather than how the agreement describes itself.
I rent to a family member for a small rent. Am I caught?
Probably not, but it depends on the figures. Schedule 1 of the Housing Act 1988 excludes tenancies at no rent, and tenancies granted on or after 1 April 1990 at £1,000 or less a year in Greater London or £250 or less elsewhere. If the arrangement falls into one of those categories there is no assured tenancy and no residential landlord under section 63. Take advice before relying on it, as the calculation and the nature of the arrangement are both fact sensitive.
This article is provided for informational purposes only and does not constitute legal advice. LLCR is a compliance management platform, not a law firm. For advice specific to your situation, consult a qualified solicitor.