Blog: Friday 20th February - Bevan Brittan: Understanding your investigatory and enforcement powers under the Renters’ Rights Act 2025

Understanding your investigatory and enforcement powers under the Renters’ Rights Act 2025

The Renters’ Rights Act 2025 (the Act) received Royal Assent in October last year and is due to be implemented (in terms of tenancy reform) in three phases, with the first phase to take effect from 1 May 2026.

Along with the reforms to shorthold tenancies and the abolition of Section 21 notices, the Act has introduced increased enforcement powers for local authorities – along with a new requirement to report on their enforcement activity. 

From 27 December 2025, new investigatory powers have been given to local authorities with the intention to provide a stronger ability to inspect properties, demand documents and access third-party data to crack down on ‘rogue’ landlords and enforce housing standards more effectively. 

The Act will give local housing authorities new powers to investigate whether a landlord or an agent letting out a private rented property has broken certain laws, for example, discriminating against prospective tenants during the letting process on the grounds they are in receipt of benefits or have children, or marketing a letting without stating the proposed rent

A local authority officer, authorised in writing by a local authority to exercise investigatory powers, can use the following powers (if it is suspected certain laws have been broken):

• Ask people or organisations to provide information - If the local authority officer suspects someone has broken the law in relation to certain legislation, then they can ask a ‘relevant person’for information to use as evidence.  This can be requested from anyone who has acted in the past 12 months as a landlord, agent, licensor or marketer in connection with the ‘relevant accommodation’. Information can also be requested from anyone who, in the past 12 months, had an estate or interest in the relevant accommodation or who purported to act for someone with such an interest or a licenso

• Enter a business property to seize documents - the Act gives powers to local authorities to enter a rental sector business premises either without, or with, a warrant (Sections 118 and 121).  It will be possible to enter a business premises at a reasonable time to request documents and/or to seize evidence if it is reasonably believed that a ‘relevant person’runs a rental sector business from there.

• Enter a residential property if specially authorised - The Act also gives the power to enter a residential property at a reasonable time if the officer is specially authorised and reasonably suspects the property is being privately rented out as a home (defined at section 63 of the Act), and if an inspection of the premises is required to investigate whether there has been an offence under Section 1 of the Protection from Eviction Act 1977 and/or certain breaches and offences under certain database provisions in the Act.

The Act also allows local authorities to use information from tenancy deposit schemes and from housing benefit and council tax to assist in enforcement.

Clearly these additional investigatory powers are a useful tool in enabling local authorities to investigate and enforce the law, ultimately to ensure tenants in the private rented sector are able to benefit from the existing and new legislation introduced to regulate the sector and provide them with greater protection.

As the Act starts to be implemented from 1 May 2026, we consider that private sector housing teams, and similar departments, within local authorities will find themselves under increasing pressure from private sector tenants to take steps to investigate (using the new powers) and enforce these where appropriate.

The guidance confirms it is the duty of every housing authority to enforce the new provisions in their areas.

Local authorities must consider the need for effective deterrence and punishment and what is in the best interests of tenants. Formal action can include issuing improvement notices, civil penalties or commencing a prosecution. Financial penalties of up to £40,000 can be issued against landlords as an alternative to prosecution in certain circumstances. 

It is important that local authorities ensure these powers are exercised in accordance with the criteria outlined within the Act and are aware how to use these powers effectively to make a tangible difference to tenants in their area. This will require careful drafting of processes and procedures, along with training on implementation internally. Enforcement policies must be developed to take into account the guidance issued.

Bevan Brittan can support local authorities in preparations for their investigatory powers under the Act, along with enforcement of these powers. Should you require further advice and guidance at this time, please do not hesitate to contact Sarah Orchard, Emma Hall or Louise Mansfield. 

Keep an eye on our Insights page, Insights | Bevan Brittan LLP, for articles and events related to the Renters’ Rights Act.