Does the PRS Database penalise landlords with non-standard properties?

Landlord unsure how to answer the PRS database household occupancy question for a company-let property
9:01 AM, 22nd September 2026, 2 days ago 11

I signed up for the beta PRS database so I could understand what information they required and how easy it would be to upload all the information. In part, I did it so I could potentially have an input on how it would be developed (although I guess to a degree that was more wishful thinking).

We can argue over what information must be provided and who can see it another time, that is not the point of my post.

One of my BTL’s is a 5-bed town house which I lease to a company who put their people in as and when they’re visiting the area. This causes a problem as I am unable to answer the question on the database asking how many households occupy the property at any one time.

Without answering this question, I cannot complete the registration of the property. So I sent them the question. The department developing it has been very helpful most of the time, but they forwarded this question to their legal department. Their (eventual) response follows;

“We cannot provide advice about specific letting arrangements. All private landlords operating assured or regulated tenancies should register on the service. If you are unsure about whether you are required to register on the service, you may wish to seek independent legal advice. When a property is occupied, landlords should make sure that information is kept up to date and amended within 28 days of any changes or that information becoming invalid.”

Perhaps I’m going out on a limb here, but if the people actually building the system don’t know what we’re supposed to do under various circumstances, then who really knows!? I did reply along these lines, and I’ve copied one sentence from their further email;

“We cannot review individual arrangements due to the sheer number of landlords and time required to review all of the legal documentation needed to determine each case.”

So it seems that if you have any property that falls slightly outside the norm, you must pay someone to explain how to deal with it! As an aside, the database is completely pointless anyway, as a ‘rogue’ landlord simply won’t register (IMO)

Thanks for reading,

Richard


Share This Article

  • Member Since October 2022 - Comments: 266

    5:26 AM, 22nd September 2026, About 2 days ago

    Unfortunately the whole point of the RRA is to create a “one size fits all” rental market as far as is possible. They have very reluctantly made one or two concessions like student HMOs, but in general it is extremely hostile to anything other than a traditional family-based whole property let in perpetuity, just like in the olden days. This is not an accident, it’s by design.

    Having said that, I would just say that it’s let to 5 individual “households”, or whatever is the maximum occupancy the company will be using.

  • Member Since September 2026 - Comments: 2

    7:03 AM, 22nd September 2026, About 2 days ago

    Reply to the comment left by Peter Merrick at 05:26
    Richard, I think the answer is buried in the reply they sent you — you just have to read it very literally.
    “All private landlords operating assured or regulated tenancies should register on the service.”
    That’s the whole scope. Assured, or regulated under the Rent Act. Nothing else.
    A let to a company almost certainly isn’t either. Under s.1(1) of the Housing Act 1988 an assured tenancy needs an individual tenant occupying the property as their only or principal home. Your tenant is a company, and a company can’t occupy anything as its principal home. So on the face of it you’ve got a common law tenancy sitting outside the Housing Act altogether — which is also why it fell outside the Renters’ Rights Act changes in May.
    If that’s right, the reason the form won’t let you answer the households question is that the form was never built for your tenancy. You’re trying to register something that isn’t in scope.
    Which makes me a bit wary of the suggestion to just put down five households and move on. The penalty band for getting registration wrong and the penalty band for giving false or misleading information are not the same — the second is far higher, £40,000 as I understand it against £7,000. Declaring occupancy figures on a property that may not be registrable, on a form you can’t complete honestly, seems like the wrong end of that to be sitting at. I’d rather be able to show I asked the question and got a non-answer.
    Worth knowing too that Propertymark have been saying company, high-rent and business arrangements are still subject to further regulations. So it isn’t settled, and an exemption today isn’t a guarantee for next year. But that’s a reason to keep an eye on it, not a reason to guess now.
    Practically, I’d spend a small one-off fee getting your company let agreement looked at once and a written confirmation of its status. Annoying, and I take your point that it shouldn’t be necessary. But you register once and then it’s answered for as long as that arrangement runs, and you’ve got something in writing if it’s ever queried.
    On your last point, I’m with you. Registration catches the people who were already going to comply. It was never going to catch the ones who won’t.
    For the record I’m an inventory clerk rather than a landlord, so I’m looking at this from the paperwork side of the fence. Happy to be corrected by anyone who’s actually pushed a company let through the beta.

  • Member Since March 2023 - Comments: 47

    9:28 AM, 22nd September 2026, About 2 days ago

    Reply to the comment left by Peter Merrick at 22/09/2026 – 05:26
    Thanks Peter – I did think of that, but potentially I’m stating an ‘untruth’ and it’s clear what the authorities think of that.

  • Member Since March 2023 - Comments: 47

    9:32 AM, 22nd September 2026, About 2 days ago

    Reply to the comment left by [email protected] at 22/09/2026 – 07:03
    Thanks Gemini….
    Yes, I’m in agreement with you, but my whole point of wanting to test the system was to see what works and what doesn’t, so I wanted to push them on this and they seem to be hiding behind that old chestnut; “plausible deniability!”
    However, I have their emails although I may indeed have to get it checked for the actual dbase. No rush – I’m in the southwest so have more than a year to wait!

  • Member Since August 2026 - Comments: 15

    9:34 AM, 22nd September 2026, About 2 days ago

    You may not have to register that one at all. The duty in s.82 sits on a “residential landlord”, which s.63 of the Act defines as the landlord under an assured tenancy or a Rent Act tenancy. A company can’t hold an assured tenancy, because s.1(1)(a) of the Housing Act 1988 requires the tenant to be an individual. A genuine company let, where the company is the tenant and its staff are just occupiers, is outside the scheme as it stands.

    I’d be careful with the “just put five households” idea. Knowingly giving the database a figure you know is wrong is an offence under s.92. Worth keeping an eye on it though, the government has a power in s.63(4) to widen what counts as a relevant tenancy later.

  • Member Since June 2019 - Comments: 960

    10:01 AM, 22nd September 2026, About 2 days ago

    I let a property to two males, should I put down one or two households, I genuinely don’t know and I am not sure that the register should be advertising couples sexualities.

  • Member Since September 2018 - Comments: 3723 - Articles: 5

    10:08 AM, 22nd September 2026, About 2 days ago

    Reply to the comment left by Paul Essex at 22/09/2026 – 10:01
    if a couple then 1 household, if 2 singles then 2.

    But I’d actually email both and state that you are having to add this info to the mandated gov database. Make it known you do not want to ask (as nothing to do with you) and if they are angry upset by this then can they contact their MP.

    About time all tenants know that its not the landlord that is demanding all this info, but the government.

  • Member Since September 2018 - Comments: 3723 - Articles: 5

    10:11 AM, 22nd September 2026, About 2 days ago

    Reply to the comment left by Peter Merrick at 22/09/2026 – 05:26
    surely if the LL is letting directly to a company (and not a direct tenant with a tenancy) then there is no requirement to enter the info on the database?

  • Member Since January 2015 - Comments: 1593 - Articles: 1

    10:25 AM, 22nd September 2026, About 2 days ago

    You do not have a residential tenancy APT agreement, I hope, but a contract with a company and therefore not a PRS landlord.
    If you have had drafted and signed an APT agreement with the company get it changed now, even if it means you have to tell the company you have made a mistake.
    You also, if have taken a deposit, do not have to have the deposit protected.

  • Member Since October 2020 - Comments: 1366

    11:18 AM, 22nd September 2026, About 2 days ago

    As has been said, this is not a tenancy that is covered by the Act, in fact from my reading of The Private Rented Sector Database Regulations 2026, it’s actually a breach of s4(2) to attempt to register it.


Related Articles