Landlords Beware – councils get draconian Renters Rights Act powers

The government is giving local housing authorities new powers to investigate whether landlords or letting agents have broken the Renters Rights Act.

The act  became law earlier this week and within five hours the government published new powers for councils.

The new powers come into effect on December 27 and are in some cases dramatic. Many of the measures allow councils to enter business premises – for example, letting agents – but not homes. Once inside, they are in many circumstances empowered to seize documents, sometimes without the requirement for a warrant.

The statement from the Ministry of Housing, Communities and Local Government says: “Some of these investigatory powers can be used to support local housing authority investigations relating to illegal eviction, poor housing conditions and other housing legislation where they apply to relevant accommodation.    

“These powers can support your investigations, and in certain situations, include the ability to: 

• enter a business property to seize documents;

• ask people or organisations for information;

• enter a residential property if you are specially authorised.”

Another part of the new regulations sets out how and in what circumstances councils can enter agency premises. This reads:

“The Renters Rights Act contains powers to enter a rental sector business premises with, and without, a warrant under sections 118 and 121 respectively. You can enter a business premises at a reasonable time to request documents and or to seize evidence if you reasonably believe a relevant person is running a rental sector business there.”

In another part of the statement, councils are told of the powers they have once they have entered an agency’s premises, with or without a warrant. This reads:

“You have the power to seize and detain documents if you have a reasonable suspicion that they may be required as evidence in proceedings for a breach or offence under the rented accommodation legislation.  

“If there are people on the premises, before you seize documents, you must show at least one person proof of your identity and authority. However, if it is not reasonably practicable to do so, you do not need to.”

The full statement is lengthy and detailed. You can find it here: https://www.gov.uk/government/publications/investigatory-powers-guidance-for-renters-rights-act-2025/investigatory-powers-guidance-for-renters-rights-act-2025

This article is taken from Landlord Today