INTRODUCTION
The main provisions of the Renters’ Rights Act 2025 (‘the Act’) come into force on 1 May 2026. Readers will be familiar with the fundamental changes due to transform the current renting landscape – indeed, the abolition of assured shorthold tenancies and section 21 evictions have been extensively discussed. This article seeks to examine the new enforcement framework in order to assist local authorities understand their obligations and powers, whilst equipping landlords, agents, and their solicitors with the knowledge needed to achieve compliance and respond effectively if investigated.
PART I – INVESTIGATIVE POWERS
New investigative powers commenced as of 27 December 2025. These powers provide local housing authority officers with the ability to enter a business property to seize documents, ask people or organisations for information, and enter residential properties provided the correct authorisation has been obtained.
Section 118 of the Renters’ Rights Act allows entry into a rental sector business premises without a warrant. The section allows a local housing authority officer to enter a business premises, where they reasonably believe a relevant person is running a rental sector business, to request documents or to seize evidence. The entry must take place at a reasonable time.
A definition of ‘relevant person’ is contained within s.114(2) of the Act as anyone who has, in the past twelve months, in relation to relevant accommodation:
- had an estate or interest in the premises, (save for mortgage lenders who are not in possession of the premises)
- been a licensor
- marketed the premises
- acted for or purported to act for someone with an estate or interest in the premises or a licensor
‘Relevant accommodation’ is defined at s.114(10) as any residential accommodation in England that relates to the exercise of the function for which a local authority intends to exercise the investigatory power.
Local authority officers and defence practitioners will take note that the above powers are subject to certain conditions. A premises can only be entered if a local authority suspects a breach or offence has been committed under the rented accommodation legislation, and their suspicion is a reasonable one. The entry must be necessary to require documents to be produced or to seize documents which are on the business premises and could help the investigation.
Further, the s.118 power to enter requires a local authority to provide an occupier of the business premises with at least 24 hours’ written notice (unless an occupier agrees to waive this requirement). The notice must:
- be in writing and given by a local housing authority officer
- explain why entry to the premises is needed
- explain what offences may be committed if a person without reasonable excuse seeks to obstruct entry, fails to comply with a requirement or to give assistance or information, or knowingly or recklessly gives false or misleading information
It should be noted that the above notice requirement does not apply if the power of entry is being exercised for a non-routine inspection. A non-routine inspection is when:
- it is not reasonably practical to give notice
- an officer reasonably believes that giving notice would defeat the purpose of entry
If this is done, at least one person on the premises (if there are any) must be given a document explaining why the premises is being entered and why the entry is necessary, and information about what offences they could be committing if they do not cooperate.
Finally, local authorities should be aware that if a routine inspection (i.e. one ordinarily requiring a notice) cannot be conducted with at least 24 hours’ notice, they may apply to a justice of the peace for a warrant to enter specified premises per s.120.
Asking for information
If a local authority is investigating whether someone has broken the law in relation to certain legislation, they can ask a relevant person for information to use as evidence. This power also requires notice to be given. Such a notice must:
- be in writing
- specify that it is given under s.114 of the Renters’ Rights Act 2025
- explain the possible consequences of not giving the information
If a relevant person does not provide the information requested of them, they may have committed an offence set out within s.131 of the Act. However, it is a defence for a relevant person to have a reasonable excuse for why they have not provided the requested information.
In addition, local authorities have a power to ask any person for information when they reasonably suspect that someone has broken the law in relation to the rented accommodation legislation (a list of the relevant legislation may be found at s.115(3) of the Act). This also requires notice as above (though s.115 must be specified, as opposed to s.114).
If a person or organisation does not provide information asked for under s.115, a court order to enforce the notice can be applied for per s.116 of the Act.
It is important to understand that information obtained via s.115 is subject to certain limitations. For example, information collected under this provision cannot be used against the person who provided it in any criminal proceedings. These limitations can be found within s.117 of the Act.
Entering a residential property
The powers to enter a residential property require special authorisation and a reasonable suspicion that the property in question is rented out as a home. There must also be a need to inspect the premises to investigate whether there has been:
- an offence under section 1 of the Protection from Eviction Act 1977
- certain breaches and offences under certain database provisions in the Renters’ Rights Act 2025 (these are due to come into effect from late-2026)
As with business premises, there are powers to enter both without a warrant and with a warrant. The power to enter without a warrant requires authorisation by a deputy chief officer or their superior. Further, that person’s duties must relate to the purpose for which you want to enter the residential premises. The authorisation itself must then state the specific purpose for which entry into the residential premises are authorised.
As readers would expect by now, a 24 hours’ notice period applies to those seeking to use this power. Here, it must be provided to the person/people living at the premises and to any other person who has an interest in the property, save mortgagees not in possession of the premises and ‘residential landlords’ per s.63 of the Act. Persons not living at the premises, but who have an interest in the same, need only to be given notice if they have provided the local housing authority with an address for this purpose. To be compliant for these purposes a notice must:
- be in writing
- be given by an officer of the local housing authority
- explain why you need to enter the premises
- explain what laws a person may be breaking if they obstruct the entry or fail to comply with properly imposed requirements
If local authorities find they have been refused entry without a warrant, they can apply for a warrant. A warrant can also be applied for if no one is available to grant entry into the premises and waiting for someone to do so would defeat the purpose of the entry. A warrant may also be sought if giving the person on the premises or anyone with an interest in the property, at least 24 hours’ notice might defeat the purpose of entry. Applications for a warrant must be made in writing under oath to a justice of the peace.
