Council powers of investigation and enforcement under Renters’ Rights Act

The Renters’ Rights Act has significantly strengthened the powers that local authorities have to investigate suspected breaches of various types of legislation, at the same time as increasing the number and amount of civil penalties that councils can impose on landlords and letting agents.

The increased powers of investigation came into effect on 27 December 2025.

Not only do local authorities have the right to obtain information from landlords and letting agents, but they are also able to require “prop tech” companies, banks, accountants, and client money protection schemes, and even building contractors to produce documents so the councils can gather evidence if they suspect breaches of certain legislation.

Councils can also enter business and residential premises with and without warrants for suspected breaches of various sets of legislation.

The new investigatory powers don’t just cover breaches of the Renters’ Rights Act, but depending on the precise power, they may extend to breaches of other housing legislation such as the Protection from Eviction Act 1977 (harassment and illegal eviction), Housing Act 2004 (HHSRS, HMO licensing, selective licensing) and the Enterprise and Regulatory Reform Act 2013 (publication of letting agent fees, letting agent redress scheme membership).

The Guidance for local housing authorities has been published: Investigatory powers guidance for Renters’ Rights Act 2025.

The Act also imposes a duty on local housing authorities to enforce “landlord legislation”, as opposed to the previous power to do so. This means that councils are obliged to enforce legislation. Additionally, they are required to report to the Secretary of State on their enforcement activities.

These rules are complex, as they apply to different pieces of housing legislation. However, this blog post explains what is changing with tables to show clearly which pieces of legislation are relevant for each new power.

With these extensive powers to seize documents and gain entry to premises, landlords, letting agents and other property businesses need to take the obligations in the Renters’ Rights Act seriously.

I cover landlord obligations under the Renters’ Rights Act, including how to stay compliant and reduce the risk of civil penalties, in my bestselling book, The Good Landlord Handbook. If you have questions, you can ask me at twice-monthly livestreams in my membership, The Independent Landlord Hub.

PS The YouTube video below was recorded before Royal Assent and implementation, but the substance remains accurate.

>> Related Post: Landlord and letting agent fines and penalties in Renters’ Rights Act

General duty of enforcement for councils

The Renters’ Rights Act has imposed a new general duty of enforcement onto local housing authorities (LHAs or councils): “It is the duty of every LHA to enforce the landlord legislation in its area”.

Enforcement action is defined as imposing a financial penalty or “instituting proceedings against a person for an offence” under the landlord legislation.

This was new in the Renters’ Rights Act, as previously LHAs only had a “power” to enforce landlord legislation in their area, and not a statutory duty. It means that LHAs cannot sit back on their laurels, as they have to actively enforce landlord legislation.

Enforcement has therefore changed from discretionary to mandatory, substantially increasing councils’ obligations.

Consequently, we can expect to see a large increase in the amount of enforcement action by councils now the Renters’ Rights Act has come into effect.

List of “the landlord legislation” that councils have a duty to enforce in Renters’ Rights Act

Chapter 2 of Part 4 of the Renters’ Rights Act defines to “the landlord legislation” which councils have a duty to enforce as follows:

Increased burden on local authority enforcement teams

Councils are able to retain the money they receive from civil penalties, and Matthew Pennycook confirmed during the Second Reading debate that “in accordance with new burdens doctrine, we will ensure that additional burdens on local authorities resulting from our reforms are fully funded”. Therefore, the local authorities should, theoretically, have the money to enforce landlord legislation.

However, this new duty of enforcement has undoubtedly increased the workload of local housing authorities, even if the government has promised extra funding. Officers need to be recruited and trained.

Ben Reeve-Lewis of Safer Renting has said: “These new duties place a huge burden on local authority enforcement teams, already struggling to recruit staff even if they are able to commit a budget for it. Where statutory duties are involved the council is breaking the law when they fail and lack of resources is not an acceptable defence”.

Out of area enforcement

LHAs may also take enforcement action outside of their area, although there are duties to notify the LHA responsible for that area. The Secretary of State can also appoint a lead enforcement authority, which includes a combined authority, the Greater London Authority or an LHA.

This is useful where, for instance, county councils have responsibility for trading standards enforcement in two-tier areas, as they have powers to enforce landlord legislation.

Strengthened investigatory powers of councils to obtain information

The Renters’ Rights Act significantly extended the ability of local councils to obtain information, enter premises, and investigate offences under landlord legislation. These new powers came into effect on 27 December 2025.

The list of legislation is a slightly different list than the list for the duty of enforcement, and the list even differs according to whether the local authority is asking a “relevant person” for the information or just “any person”.

Here is a table which shows under which legislation councils have power to require information for both “relevant persons” and “any persons“, compared to the “landlord legislation” that is relevant for the duty to enforce above:

The Good Landlord Handbook

This blog post focuses on the duties and powers of councils. For the full picture of the rules that councils have a duty to enforce, read my book ‘The Good Landlord Handbook’:

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1. Power to require information from “relevant person” (Section 114 Renters’ Rights Act)

Councils have the power to require information from a list “relevant persons” who are directly connected to the property. This definition targets those with a direct legal or commercial relationship to the property.

They are able to do this by setting out the information (which includes documentation) that they need in a notice, so long as it is for “any purposes connected with” their functions in a list of legislation that I’ll call the Section 114(3) list.

An officer only needs to require the information “for purposes connected with any function of the authority” under the listed legislation. They do not need to suspect an offence has occurred. This allows for routine monitoring and compliance checks (e.g. checking if a property is on the database).

It is an offence not to comply with the notice, unless the person has “reasonable excuse”. It is also an offence to make a statement which they know to be “false or misleading in a material respect” or “recklessly” make a statement which is materially false or misleading.

Anyone who is guilty of one of these offences is liable on “summary conviction” (ie in a Magistrates Court) to a fine of up to level 3 on the standard scale, which is currently £1,000.

Definition of “relevant person” in Section 114(3)

Here is the list of the relevant persons who must provide information to the LHA if it relates to legislation in the Section 114(3) list:

• landlords and others with “an estate or interest” in the property, other than a mortgagee not in possession. This includes freeholders and other superior landlords (for instance, in a rent-to-rent situation).
• someone who has been a licensor eg serviced accommodation, other “licence to occupy”.
• letting agents, property managers, managing agents, contractors and others who “acted or purported to act on behalf of a landlord or licensor”.
• property portals such as Rightmove and Zoopla and those who “marketed any relevant accommodation for the purposes of creating a residential tenancy”.

Solicitors and barristers are excluded if they benefit from legal professional privilege. This means that legal advice provided by a lawyer to a client relating to the relevant legislation will stay confidential.

However, “eviction specialists” and “legal experts” who are not solicitors or barristers fall within the definition of “relevant person”, and councils have the right to obtain documents from them.

What legislation is in the Section 114(3) list?

Section 114(3) of the Renters’ Rights Act provides LHAs with the power to give a notice to a relevant person which requires them to provide the information specified for “purposes connected with any function” under the following list of legislation:

• Sections 1 and 1A of the Protection from Eviction Act 1977: Harassment and illegal eviction.
• Chapter 1 of Part 1 of the Housing Act 1988: Assured tenancy rules, security of tenure, orders for possession, rent increases.
• Chapter 3 of Part 1 of the Renters’ Rights Act: Discrimination in the rental market (eg “no kids” and “no DSS”).
• Part 2 of the Renters’ Rights Act: Landlord Redress Scheme and PRS Database.
• Section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013: publication of letting agent fees, membership of letting agent redress scheme.
• Sections 21-23 Housing and Planning Act 2016: Breach of banning order, offences by companies and those committed with the consent, connivance, or neglect of a director, manager, secretary, or similar officer.

What needs to be in the Section 114 notice?

Here are the requirements for a notice given under Section 114:

• The notice must be in writing and state explicitly that it is given under the section.
• It may specify the timescale and the manner in which the relevant person must comply with the notice, and the form in which the information must be provided.
• The notice can require the relevant person to create documents and provide them to an authority or an officer.
• The notice must also specify the possible consequences of not complying with the notice.
• It cannot require anyone to provide information or documentation that would be subject to legal professional privilege.

2. Power to require information from “any person” (Section 115 Renters’ Rights Act)

Section 115 of the Renters’ Rights Act provides LHAs with the power to give a notice to anyone which requires them to provide the information specified if an officer of a council “reasonably suspects” that there has been a breach of or an offence under “the rented accommodation legislation“, so long as it is for a permitted purpose.

This means that power cannot be used for fishing expeditions; it is a tool to help local authorities construct a case where a breach is already suspected.

Section 115 extends the investigatory reach of councils beyond landlords, letting agents and listing platforms to banks, neighbours, insurance companies, or contractors indirectly connected to investigations. It also includes the “prop tech” platforms and referencing companies, even if they’re not involved in listing or marketing a property for let.

The list of legislation is a little wider than that for Section 114.

Definition of “any person” in Section 115

The definition of “any person” is very wide and it extends to anyone if the officer “reasonably suspects” there has been a breach of the rented accommodation legislation.

It includes the “relevant persons” in Section 114, but extends to third parties who hold data but have no proprietary interest in the tenancy. For instance:

• Banks and building societies (for flow of funds/rent tracing).
• Utility companies (for proof of occupation).
• Contractors (for evidence of works or lack of works).
• Insurance companies.
• Neighbours.
• Referencing companies.

What are the permitted purposes of the Section 115 notice?

The purposes for which a notice can be issued are to:

• investigate whether there has been a breach of or an offence under the rented accommodation legislation, or
• determine the amount of a penalty under the legislation.

>> Related Post: Landlord and letting agent fines and penalties in Renters’ Rights Act

What is “the rented accommodation legislation” under the Renters’ Rights Act?

Here is the list of the rented accommodation legislation. It is the same as for the Section 114 List with the addition of the provisions in the Housing Act 2004 below for licensing and HHSRS.

• Sections 1 and 1A of the Protection from Eviction Act 1977: Harassment and illegal eviction.
• Chapter 1 of Part 1 of the Housing Act 1988: Assured tenancy rules, security of tenure, orders for possession, rent increases.
• Chapter 3 of Part 1 of the Renters’ Rights Act: Discrimination in the rental market.
• Part 2 of the Renters’ Rights Act: Landlord Redress Scheme and PRS Database.
• Parts 1-4 and 7 Housing Act 2004: HHSRS, HMO licensing, selective licensing.
• Section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013: publication of letting agent fees, membership of letting agent redress scheme.
• Sections 21-23 Housing and Planning Act 2016: Breach of banning order, offences by companies and those committed with the consent, connivance, or neglect of a director, manager etc

What needs to be in the Section 115 notice?

The requirements for the Section 115 notice are the same as for Section 114. Namely:

• The notice must be in writing and state explicitly that it is given under the section.
• It may specify the timescale and the manner in which the relevant person must comply with the notice, and the form in which the information must be provided.
• The notice can require the relevant person to create documents and provide them to an authority or an officer.
• The notice must also specify the possible consequences of not complying with the notice.
• It cannot require anyone to provide information or documentation that would be subject to legal professional privilege.

Strengthened rights of entry for councils with and without warrants

The Renters’ Rights Act significantly increased the powers for local housing authorities to enter both business and residential premises with and without a warrant. It also provides LHAs with additional powers to require companies to produce documents following entry, and to take photographs or make recordings.

When the Bill was in the Committee Stage of the House of Lords, the minister Baroness Taylor said: “We are aware that the current requirement to provide property owners with 24 hours’ notice enables some unscrupulous landlords to hide evidence of breaches of PRS legislation, intimidate tenants and obstruct inspections. We recognise that the current notice requirement may, in some circumstances, hinder local authorities’ ability to address tenants’ unsafe or hazardous living conditions effectively”.

Here is a table which shows under which legislation councils have power to require information for both “relevant persons” and “any persons”, compared to the “landlord legislation” that is relevant for the duty to enforce above:

1. Local authority right to enter business premises without a warrant (Sections 118 and 119)

Under Section 118 of the Renters’ Rights Act, officers of local housing authorities are able to enter business premises at “any reasonable time” without a warrant if each of the following apply:

• They reasonably believe the premises are occupied by a “relevant person” involved in a “rental sector business“.
• They consider it necessary to enter the premises in order to “require production of” or even “seize documents” to ascertain whether there has been compliance with the rented accommodation legislation (see above), and where a council officer “reasonably suspects” a breach of or an offence under the rented accommodation legislation.
• The premises are not “wholly or mainly used as residential accommodation”.

The “rented accommodation legislation” is the same list above as for the Section 115 right to require documents from any person, discussed above, and includes rental discrimination, rental bidding, harassment, illegal eviction, and compliance with the Ombudsman or database registration requirements.

Section 118 notice

If it is a routine inspection, unless the occupier waives the requirement for the officer to give a notice, the officer must give them a notice which sets out why the entry is necessary.

The notice must also set out the offences in Section 131 of failing to comply, eg obstructing an officer without reasonable excuse, failing to comply, or failing to give assistance or information reasonably required by the officer, unless they have a reasonable excuse.

It won’t be a “routine inspection” if the officer reasonably considers that to give a notice would “defeat the purpose of the entry”, or it is not “reasonable practicable in all the circumstances” to give a notice.

What is the “rental sector business” for Section 118 Renters’ Rights Act?

The “rental sector business” means a business connected with:

• residential letting in England,
• the creation of licences to occupy residential accommodation,
• the marketing of the residential accommodation for the purpose of creating a tenancy or a licence to occupy, and/or
• property management for residential accommodation.

It therefore includes letting agents, property managers, agents for serviced accommodation, as well as the business premises of landlords, so long as they are not wholly or mainly residential.

Obligations of council officers during entry to business premises without warrant

Officers of councils who enter business premises without a warrant and find occupiers on the premises, they must:

• Produce evidence of the officer’s identity and authority.
• If it is not a routine inspection, show the occupier a document that sets out why the entry is necessary and the nature of the offences for refusing entry or not cooperating, as above.

>> Related Post: Landlord and letting agent fines and penalties in Renters’ Rights Act

2. Right of councils to enter business premises with a warrant (Sections 120 and 121)

A justice of the peace (Magistrate) may issue a warrant authorising a named officer to enter the premises if the Magistrate is satisfied “on written information on oath” given by the officer that there are reasonable grounds to believe that:

1. The premises are occupied by a “relevant person” for the purposes of a “rental sector business“.
2. The premises are not used wholly or mainly as residential accommodation (eg a landlord’s home).
3. There are documents which an officer could require to be produced under Section 122 or seize under Section 123, AND
4. At least one of the following three conditions are met:
   • Condition A – access to the premises has been refused or is likely to be refused and an occupier has received notice of the LHA’s intention to apply for a warrant,
   • Condition B – it is likely that documents on the premises would be concealed or interfered with if notice of entry were given to an occupier of the premises, or
   • Condition C – no occupier is present and it might “defeat the purpose of the entry to wait for their return”.

The officer may use “reasonable force if necessary” to enter the premises, and the officer may be accompanied by other persons.

If someone is at the premises when the officer enters, the officer must produce the warrant for inspection.

If no-one is present, the officer must leave a notice on the premises stating that they have been entered under a Section 120 warrant. The officer must also leave the premises “as effectively secured against trespassers as the officer found them”.

3. Local authority right to enter “suspected residential tenancy” without a warrant (Sections 126 and 127)

A “specially authorised officer” of local housing authorities has the right to enter residential premises with such equipment as they think necessary, without a warrant at “any reasonable time” if the officer:

• reasonably suspects that the premises are subject to a residential tenancy (such as an assured tenancy), and
• considers it necessary to investigate if there is a breach of the requirement to have an active registration for the landlord and the property on the database, or for the information on the database to be false or misleading in a material sense, or an offence under Section 1 of the Protection from Eviction Act 1977 (Unlawful eviction and harassment of occupier).

Notice must be given to the occupier, but does not have to be given to the landlord. The officer can take photographs or make recordings. The deputy chief officer or that officer’s superior must specially authorise the entry.

4. Right of councils to enter “suspected residential tenancy” with a warrant (Sections 128 and 129)

As with Sections 120 and 121 above, a Magistrate may issue a warrant to enter a suspected residential tenancy.

5. Power to require production of documents or seize documents following entry (Sections 122-125)

After entry, either with or without warrant, the officer has the right to:

• require occupants or responsible persons to produce documents relevant to their investigations (Section 122), and
• seize and retain these documents as evidence, providing a receipt or written record of the seizure (Section 123).

Individuals whose documents are seized have rights to access and copy them, or for the council to make copies. But the council can charge ‘reasonable costs” of (Section 124). They also have the right to appeal to a Magistrates Court against continued retention of documents (Section 125).

Increased powers for councils to impose civil penalties

Not only do local housing authorities have significantly increased investigatory powers, they also have increased powers to impose civil penalties of up to £7,000 for a single breach or up to £40,000 for repeat breaches.

For more information, check out the YouTube video below (recorded before Royal Assent) and this blog post: Landlord and letting agent fines and penalties in Renters’ Rights Act.

Final thoughts

What does this all mean for landlords and letting agents?

Local councils not only hve extensive powers to gather evidence about suspected breaches of many different pieces of housing law, but they also have a duty to enforce the rules about assured tenancies, improper notices for possession, breaches of the database and ombudsman rules, and illegal eviction. This duty of enforcement is funded.

We can expect an increase in enforcement activity in the private rented sector, and it’s never been more important for landlords and letting agents to understand the many rules they must now follow.

I cover the full tenancy cycle, including how to stay compliant and avoid civil penalties, in my bestselling book, The Good Landlord Handbook. If you have questions, you can ask me at twice-monthly livestreams in my membership, The Independent Landlord Hub. I’m unable to answer questions in the comments or by email.