What enforcement powers do councils have under the Renters' Rights Act?
The Renters' Rights Act 2025 gives local housing authorities wider investigatory and enforcement powers. Depending on the circumstances, authorised officers may be able to:
- Require landlords, agents and other relevant people to provide information.
- Enter business premises connected with a rental sector business where the statutory conditions are met.
- Enter residential premises in specified circumstances.
- Require documents to be produced and take copies.
- Seize documents that may be needed as evidence.
- Impose financial or civil penalties, or begin criminal proceedings where legislation permits.
The information-gathering powers can apply to landlords and others with an interest in relevant accommodation, including people acting on behalf of someone with such an interest.
The Government's Renters' Rights Act investigatory powers guidance confirms that these powers can support investigations into Renters' Rights Act breaches as well as specified duties under other housing legislation, giving local authorities greater scope to identify non-compliance and take formal enforcement action.
Landlords who want to assess their wider position can also use AST Assistance's landlord compliance checklist under the Renters' Rights Act.
Councils now have a duty to enforce landlord legislation
A major change under the Renters’ Rights Act 2025 is that local housing authorities have a statutory duty to enforce specified landlord legislation in their area. This places greater responsibility on councils to identify and act on non-compliance across the private rented sector.
Councils may become aware of suspected breaches through tenant or prospective tenant complaints, routine inspections, information held by public bodies or other intelligence. Where non-compliance is suspected, the authority must consider what proactive steps are reasonably necessary to establish whether a breach or offence has occurred. The Government's guidance on enforcement of the new tenancy system provides further detail on these duties.
Local authorities are also required to report to the Secretary of State on their enforcement of landlord legislation. This reporting duty increases oversight of how councils are using their enforcement powers and reinforces the expectation that relevant breaches are actively investigated and addressed.
Landlords should therefore not assume that a compliance problem will remain unnoticed simply because no tenant has complained. With councils required both to enforce relevant legislation and report on their enforcement activity, maintaining compliance proactively is increasingly important.
Can councils investigate landlords without receiving a complaint?
Yes. A complaint is only one possible trigger for enforcement action.
Local authorities can also identify suspected breaches through inspections and other intelligence. This makes accurate record keeping increasingly important, as landlords may need to demonstrate compliance even where an investigation did not begin with a tenant complaint.
What information can a council require from a landlord?
The Act gives local authorities powers to require information from a relevant person where the statutory conditions are met. This can include landlords, agents and others involved with relevant residential accommodation.
Councils may also use certain information from council tax, housing benefit and tenancy deposit schemes to support investigations where legislation permits. These information-gathering powers are explained in the Government's investigatory powers guidance.
Landlords receiving a formal information request should establish what power is being used, what information is required and the deadline for responding. Providing false or misleading information can create additional legal risk.
Can council officers enter a landlord's business premises?
Yes, in certain circumstances. Authorised local housing authority officers can enter rental sector business premises for investigation purposes. The Renters' Rights Act provides powers to enter business premises with or without a warrant where the relevant statutory requirements are met.
For a routine inspection without a warrant, an occupier will generally receive at least 24 hours' written notice. However, notice may not be required for certain non-routine inspections where giving it is impractical or could defeat the purpose of the visit.
A council may also seek a warrant where the statutory grounds are met. These powers are subject to legal conditions and do not create an unrestricted right of entry.
Can council officers enter a rented property?
Local authorities also have powers to enter residential premises in more limited circumstances.
A specially authorised officer may enter a suspected residential tenancy to investigate specified matters, including certain illegal eviction offences. Entry without a warrant will generally require at least 24 hours' notice to those entitled to receive it.
A warrant may be sought where entry has been refused, nobody is available to provide access or giving notice could defeat the purpose of the investigation.
Can councils require or seize documents?
Yes. After lawfully entering qualifying business premises, authorised officers may be able to require relevant documents to be produced, take copies and ask for explanations.
They can also seize documents reasonably suspected to be needed as evidence in proceedings concerning a relevant breach or offence. Documents protected by legal professional privilege are excluded from these powers.
Landlords should preserve relevant tenancy and compliance records when an investigation begins rather than attempting to alter or reconstruct them afterwards.
What Renters' Rights Act breaches can lead to financial penalties?
Certain breaches can result in a financial penalty of up to £7,000. The Government's enforcement guidance for landlords sets out the breaches and offences that can result in formal action.
Examples in current government guidance include:
- Claiming to let a property on a fixed-term tenancy rather than the required periodic basis.
- Attempting to end a tenancy verbally.
- Failing to provide required tenancy information.
- Using a possession ground without reasonably believing the court would grant possession on it.
- Attempting to end a tenancy using a notice to quit or an invalid purported notice of possession in circumstances covered by the legislation.
For landlords dealing with possession, mistakes can therefore create more than procedural delays. Some failures can lead directly to council enforcement.
AST Assistance explains these risks in more detail in its guide to landlord civil penalties and fines under the Renters' Rights Act.
When can a financial penalty reach £40,000?
More serious conduct can amount to an offence. For certain offences, a local authority may impose a financial penalty of up to £40,000 as an alternative to prosecution.
Examples include unlawfully reletting or remarketing a property during the 12-month restricted period after using specified possession grounds, and knowingly or recklessly relying on a possession ground that would not result in a possession order where the statutory conditions are met.
Repeated or continuing breaches can also become offences in specified circumstances.
The financial consequences of non-compliance can therefore be substantial. The Government has also published dedicated statutory guidance on civil penalties under the Renters' Rights Act and other housing legislation.
Can the council prosecute a landlord?
Yes. Where conduct amounts to a criminal offence, local authorities can begin criminal proceedings if the relevant legal requirements are met.
Councils must be satisfied beyond reasonable doubt that a breach or offence has taken place before taking formal action under this enforcement regime. For certain offences, the alternative may be a financial penalty of up to £40,000.
Landlords facing allegations that could amount to an offence should obtain specialist advice as early as possible.
Will a landlord always receive a warning first?
No. Landlords should not assume that a council will issue an informal warning before taking formal enforcement action.
Government guidance states that there is no expectation that local housing authorities use informal measures, such as warning letters, before proceeding formally.
Landlords should therefore avoid treating council intervention as the point at which compliance needs to be checked. By the time an authority makes contact, the matter may already be progressing towards a financial penalty or prosecution.
What happens if a council intends to impose a financial penalty?
The council must gather evidence and give notice of its intention to impose the penalty.
A landlord will normally have 28 days from the date the notice is issued to make written representations. If a final notice is then issued, the landlord can appeal to the First-tier Tribunal against the decision or the amount of the penalty, normally within 28 days of the final notice.
These short deadlines make it important to seek advice promptly and respond on the evidence rather than reactively.
Can councils investigate illegal eviction?
Yes. Illegal eviction is one of the offences that local authorities can investigate using the enforcement and investigatory powers provided by the Renters' Rights Act 2025. The underlying offence remains set out in the Protection from Eviction Act 1977, but councils can use the strengthened Renters' Rights Act framework to support their investigation and enforcement activity.
These powers are not limited to breaches created by the Renters' Rights Act itself. Government guidance confirms that they can also support investigations into poor housing conditions and breaches of other relevant landlord legislation, including provisions of the Housing Act 1988, Housing Act 2004 and Housing and Planning Act 2016.
Landlords should therefore view the new powers as part of a broader housing enforcement framework that gives local authorities greater scope to investigate suspected unlawful conduct across the private rented sector.
For further guidance on the correct possession process, AST Assistance explains whether a landlord can evict a tenant without a court order and the consequences of attempting to bypass the legal procedure.
What can trigger council enforcement action?
Depending on the legislation involved, common triggers may include:
- Incorrect or misleading possession notices.
- Suspected illegal eviction.
- Failure to provide required tenancy information.
- Breaches of reletting or remarketing restrictions.
- Property condition concerns.
- Deposit, licensing or other regulatory issues.
- Information uncovered during another investigation or inspection.
People acting on behalf of a landlord, including letting agents, can also be liable for certain breaches. Delegating management does not remove the need to understand whether a tenancy is being handled lawfully.
Property condition can also create separate enforcement risks. AST Assistance's guide to landlord health and safety obligations explains the wider duties landlords need to consider when managing rented accommodation.
What should landlords do if a council starts an investigation?
The first priority is to understand exactly what the council is investigating and what legal power it is relying on.
Landlords should:
- Read every notice and request carefully.
- Preserve relevant tenancy, possession and compliance records.
- Identify all deadlines immediately.
- Avoid providing inaccurate or misleading information.
- Keep a clear record of communications with the authority.
- Seek specialist advice before making detailed representations where substantial penalties or prosecution are possible.
Trying to correct records retrospectively or responding without understanding the legal issue can make matters worse.
Why accurate possession paperwork matters more than ever
Possession is an area where landlords face particular enforcement risk.
Using a possession ground without a reasonable belief that the court would grant possession can expose a landlord to enforcement action. Invalid documents that purport to be possession notices can also create problems beyond simply causing a court claim to fail.
Landlords should therefore confirm that the correct ground applies, the evidence supports it and the notice has been prepared properly before it is served.
How can landlords reduce their enforcement risk?
The most effective approach is to address compliance before a council investigation begins.
Landlords should:
- Keep tenancy agreements and required information up to date.
- Use the correct possession grounds and notices.
- Maintain evidence supporting tenancy management decisions.
- Check the work of letting agents acting on their behalf.
- Keep deposit, licensing and property compliance records organised.
- Respond promptly and accurately to local authorities.
- Review procedures when legislation or official guidance changes.
A documented compliance process can help identify problems early and demonstrate the steps taken if a local authority later raises concerns.
Landlords looking for a wider overview of their obligations can also read AST Assistance's Renters' Rights Act guide for landlords.
How AST Assistance can help landlords stay compliant
The strengthened powers available to local authorities mean landlords have less room for error. Compliance failures can now expose landlords to formal investigations, delayed possession, substantial financial penalties and, for relevant offences, criminal proceedings.
AST Assistance works exclusively with landlords and provides specialist support with Renters' Rights Act compliance, possession procedures, tenancy management and landlord/tenant disputes.
Through AST Assistance's Renters' Rights Act Compliance Service, landlords can obtain help reviewing their current arrangements, identifying potential breaches and understanding what needs to change before those issues attract enforcement action.
AST Assistance can also assist landlords where a local authority has already raised concerns by reviewing notices, allegations and supporting documents before important representations are made.
With penalties of up to £7,000 for certain breaches and up to £40,000 for specified offences as an alternative to prosecution, dealing with compliance proactively can be considerably less costly than trying to resolve matters after enforcement has started.
For specialist landlord support, contact AST Assistance on 01706 619954.
