Investigatory powers guidance for Renters' Rights Act 2025

The Renters’ Rights Act 2025 (the Act) has now received Royal Assent and is due to be implemented (in terms of tenancy reform) in 3 phases, with the first phase to take effect from 1st May 2026.  

Along with the reforms to shorthold tenancies and the abolition of section 21 notices, the Act will also see increased enforcement powers given to local authorities and a new requirement for those local authorities to report on their enforcement activity. 

From 27th December 2025, new investigatory powers are to be 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.

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;
• Enter a business property to seize documents;
• Entered a residential property if specially authorised.

Below is a summary of how these powers are to be exercised in accordance with the new Act. More detail can be found via the MHCLG’s guidance note.

Asking 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 licensor. 

This will apply to:

• Protection from Eviction Act 1977 - sections 1 and 1A;
• Housing Act 1988 - chapter 1 of Part 1;
• Enterprise and Regulatory Reform Act 2013 - section 83(1) or 84(1);
• Housing and Planning Act 2016 - sections 21 to 23;
• The Act - chapter 3 of Part 1 and Part 2 (when it comes into force).

In order to exercise this power, notice must be given to the person or organisation from whom the information is required. The notice is required to be:

• In writing;
• Specify that it is requested under section 114 of the Act; 
• Explain the possible consequences of not complying with the request.

The information can be requested to be provided by a specific date and to specific person.

If the requested information is not provided, then the person may be committing an offence and could be liable for a fine. 

Where it is reasonably suspected that someone has broken the law in relation to below the legislation, the local authority can also require any person or organisation to provide information in order to investigate whether any of those laws have been broken.

This applies to:

• Protection from Eviction Act 1977 - sections 1 and 1A;
• Housing Act 1988 - chapter 1 of Part 1;
• Enterprise and Regulatory Reform Act 2013 - section 83(1) or 84(1);
• Housing and Planning Act 2016 - sections 21 to 23;
• The Act -chapter 3 of Part 1 and Part 2 (when it comes into force);
• Housing Act 2004 - parts 1 to 4 and 7.

Again, in order to exercise this power, notice must be given to the person or organisation from whom the information is required. The notice is required to be:

• In writing;
• Specify that it is requested under section 115 of the Act; 
• Explain the possible consequences of not complying with the request.

If the information is not provided, then it may be possible to apply to the Court for an order enforcing the notice of section 116 of the Act.

Powers to enter business premises

The new 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. A relevant person is defined as anyone who has, in the past 12 months, in relation to relevant accommodation:

• Had an estate or interest in the premises (unless a mortgage lender not in possession);
• Been a licensor;
• Marketed the premises;
• Act for or purported to act for someone with an estate or interest in the premises or a licensor.

Relevant accommodation means any residential accommodation in England that is connected with the exercise of the function for which the local authority intends to exercise the investigatory power, see section 114(10) of the Act. 

Rental sector business is defined in the Act, section 118(9) as a business connected with: 

• letting residential accommodation in England; 
• creating licences to occupy such accommodation; 
• marketing such accommodation for a tenancy or licence to occupy; 
• managing such accommodation under a tenancy or licence to occupy. 

These powers of entry may not be used for premises that are wholly or mainly used as a home. 

Entry to the premises is only permitted in the circumstances where it is suspected a breach or offence has been committed under the rented accommodation legislation and the suspicion is a reasonable one.  It must also be necessary to require documents to be produced or to seize documents which are on the business premises and could help the investigation.  

These powers are to support enforcement of the following legislation: 

• Protection from Eviction Act 1977 - sections 1 and 1A; 
• Housing Act 1988 - chapter 1 of Part 1; 
• Parts 1 to 4 and 7 of the Housing Act 2004 so far as it relates to qualifying residential premises within the meaning given by section 2B of the Act; 
• Enterprise and Regulatory Reform Act 2013 - section 83(1) or 84(1); 
• Housing and Planning Act 2016 - sections 21 to 23; 
• The Act - chapter 3 of Part 1 and Part 2 (Not in force at the time the guidance was issued).

Whilst exercising this power of entry, it will be possible to take photographs, equipment and make recordings.

The Act sets out the specific requirements needed to exercise this power with or without a warrant and the requirements for taking/seizing documents from the premises. 

The main requirements for a routine inspection without a warrant are:

• The occupier of the business premises must have at least 24 hours written notice (though this can be waived by the occupier);
• The notice (if not waived) must be given by a local housing authority officer;
• The notice must explain what offences may be committed if entry is unreasonably obstructed.

If a non-routine inspection is required and it is not reasonably practical to give notice and/or giving notice would defeat the purpose of the entry, then there is no requirement to give 24 hours’ notice.  However, the identity of the person entering and a document explaining the reasons for entry must be provided to at least one person on the premises. 

Should a routine inspection be required but entry has been refused or giving 24 hours’ notice may result in evidence being compromised then it will be possible to apply for warrant to enter the premises. 

Entering a residential property

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; 
• certain breaches and offences under certain database provisions in the Act.

The residential power of entry without a warrant under section 126 of the Act is available to support enforcement in respect of the following database provisions: 

• breach of the duty on a residential landlord to ensure an active landlord and active dwelling entry in the database, section 82(3);
• the offence of knowingly or recklessly providing false or misleading information to the database operator, section 92(1);
• the offence of continuing to breach the duty to ensure an active landlord and dwelling entry in the database at the end of a 28 day period beginning on the day on which a financial penalty for the breach was imposed, section 92(2); 
• the offence of breaching the duty to ensure an active landlord and active dwelling entry in the database section 82(3) when a relevant penalty has been imposed for a breach of requirements under section 82(1), 82(2) or 82(3), section 92(3); 
• the offence of breaching the duty to ensure an active landlord and active dwelling entry in the database within 5 years of either receiving a penalty or a conviction for a database offence, section 92(4).

The Act sets out the criteria which must be met in order to enter residential premises, without a warrant, which includes:

• the person exercising the power must have the necessary authorisation;
• 24 hours’ notice to the person(s) living there and any other person who has an interest although prior notice to a residential landlord (defined in section 63 of the Act) is not necessary although they must be informed once the property has been entered.

It will be possible to apply for warrant if entry is refused or if no-one is in the property to allow access and waiting might defeat the purpose of the entry. 

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 will be 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.

It will however be 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. 

Bevan Brittan’s Housing Management team can support local authorities in their preparations for their investigatory powers under the Act. Should you require further advice and guidance at this time, please do not hesitate contact Sarah Orchard.

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