New Council Investigation Rules for Landlords Under the Renters Rights Act 2025
Council Investigations Under the Renters Rights Act 2025
While landlords and letting agents are rightly focused on 1 May 2026—the implementation date for several major provisions of the Renters Rights Act 2025—there is an important deadline that arrives much sooner: 27 December 2025.
From this date, local housing authorities will move from having the power to investigate suspected breaches of housing legislation to having an explicit duty to do so. This shift places a positive legal obligation on councils to investigate potential non-compliance and to take enforcement action where necessary.
What Councils Can Now Require
Under their new investigative duty, housing authorities can request a wide range of documents from landlords and letting agents. Examples include:
- Tenancy agreements
- Deposit protection certificates
- Energy Performance Certificates (EPCs)
- Gas safety certificates
These requests must be made in writing, and the scope of information that can be requested is extensive—far beyond the examples listed above. Authorities may also visit business premises to inspect documents directly.
Premises Visits and Warrants
Local authority officers may carry out inspections:
- With notice—which can be as short as 24 hours
- Without notice—in certain circumstances
Generally, authorities must obtain a warrant from a magistrate before entering business premises. These warrants can be granted without notifying the landlord or agent, where the council believes a rental business is being conducted at the premises.
Inspections of Tenanted Properties
Also from 27 December, council enforcement officers may inspect any rented property by giving the tenant 24 hours’ notice. Importantly, they do not have to notify the landlord or letting agent in advance of such inspections.
While widespread activity from day one may be unlikely, landlords and agents should be prepared for document requests or inspections beginning as early as 27 December.
Enforcement and Penalties
If a breach of housing legislation is identified, authorities can take enforcement action through either:
- Civil penalties – now rising from a maximum of £30,000 to £40,000
- Criminal prosecution – where fines are unlimited and, in the most serious cases, custodial sentences may be imposed
What Landlords and Agents Should Do Now
Given the significant expansion of investigative powers, landlords and letting agents should begin preparing immediately. This includes ensuring:
- All tenancy documentation is accurate and up to date
- Compliance certificates are valid and readily accessible
- Record-keeping systems allow for quick retrieval of documents
Proactive preparation will reduce risk and help ensure a smooth transition into the new compliance environment.
Need Advice?
If you require further information on the housing authority’s new investigative powers—or any other aspect of the Renters Rights Act 2025 and its impact on landlords and letting agents—please contact our experienced housing solicitor David Wilson on 01226 213434.
